Updated as of January 25, 2023
Effective as of January 25, 2023
1. Definitions
The following terms are used throughout these Terms of Use and have specific meanings. You should know what each of the terms means.
a. The term “Service” refers to the services provided by EastWest Legal, including without
limitation access to EastWest Legal’s online community; communication tools;
document management and storage solutions; and payment services. EastWest Legal
does not provide an attorney referral service or serve as an employment
agency. We may, however, provide a venue for our Users to meet and exchange information
with other attorneys.
b. The term “Agreement” (which may also be referenced herein as these “Terms of
Use”) refers, collectively, to all the terms, conditions, and notices contained or
referenced in this document and the Addendum as defined herein. This Agreement or Terms of Use provided below is with respect to the access and use of the https://EastWest Legal.com website (the “Website” or “Site”) which may be accessed via, but not restricted to, the World Wide Web, PDA, mobile phone, digital television, and RSS feeds. These terms and conditions apply whenever you access the site, on whatever device. This Agreement is for an indefinite term and you understand and agree that you are bound by such terms till the time you access this site.
c. The “Website” or “Site” refers to EastWest Legal’s website located at https://EastWest Legal.
com, all subpages and subdomains, and all content, services, and products
available at or through the Website.
d. “EastWest Legal,” “We,” and “Us” refer to https://EastWest Legal.com, as well as our affiliates, directors, subsidiaries, officers, and employees.
e. “The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service.
2. About the EastWest Legal Service.
a. The EastWest Legal Service is a platform that provides information about prevailing, recently introduced and upcoming laws across the world, particularly in the Information Technology (IT) industry. The information in any form on the Site, its subdomains and/or subpages including but not limited to blogs, articles, news updates, infographics, videos, images, etc. don’t constitute professional legal advice. By using the Site, you agree that the information provided through the content in any abovementioned form on the Site is for informational purposes only and should not be treated as professional legal advice.
b. EastWest Legal Is Not A Law Firm. EastWest Legal does not offer legal representation. EastWest Legal does not offer any legal advice, legal opinions, recommendations, referrals. EastWest Legal is not involved in agreements between Users or in the representation of Users. At no point may EastWest Legal be held liable for the actions or omissions of any User.
c. EastWest Legal Is Not An Attorney Referral Service. EastWest Legal is not an attorney referral service or employment agency. EastWest Legal does not select or endorse any individual attorney to service a User. While EastWest Legal may publish content provided by a User or an attorney purporting himself or herself to be a registered legal professional, we do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of such user or attorney.
d. EastWest Legal does not vouch for any of its Users. Though EastWest Legal may provide a platform on which you can have access to legal professionals for legal advice, EastWest Legal does not endorse any attorney and does not sanction statements that such attorneys make on the platform. EastWest Legal makes no representation concerning the qualifications of attorney or non-attorney legal service providers.
e. EastWest Legal Does Not Guarantee Results.EastWest Legal will have no responsibility or liability of any kind for any User-Generated Content or legal advice you encounter on or through the Website, and any use or reliance on User-Generated Content or legal advice is solely at your own risk.
f. Use of EastWest Legal Does Not Create An Attorney-Client Relationship With EastWest Legal. EastWest Legal does not offer legal advice or services. Any use of the EastWest Legal Service is not intended to, and does not, create an attorney-client relationship. Any communication via EastWest Legal may not be held confidential.
3. User Responsibilities.
You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.
a. User Account Security. If you sign up for or create an account on the Site, you may be asked to create a personalized account which includes a unique username and a password to access certain portions of the site and to receive messages from EastWest Legal. If you choose to create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify EastWest Legal immediately of any unauthorized use of the account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
b. No Reliance on Content or User-Generated Content. Content or User-Generated Content posted on the Website, such as blog posts, is provided for informational purposes only, with no assurance that the User-Generated Content is true, correct, or accurate. User-Generated Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. You should not delay or forego seeking legal advice or disregard professional legal advice based on User-Generated Content. Delay in seeking such legal advice could result in a waiver of any claims you may have, depending on the applicable statute(s) of limitation. User-Generated Content is not regulated by any state or national bar association.
c. Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of the Site will be solely for purposes that are permitted by this Agreement; (iii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Site will comply with all local, state and federal laws, rules, and regulations of any jurisdiction, and with all other EastWest Legal policies.
4. Use and Conduct Restrictions
You are allowed to use the service as long as you follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules we expect users to follow while using the Service. We are not responsible for the content our users post, and we have the right to close accounts if we need to.
a. Prohibited Content. You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that:
i. is unlawful or promotes unlawful activity
ii. defames, harasses, abuses, threatens, or incites violence towards any individual or group
iii. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
iv. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
vi. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights
vii. impersonates any person or entity, including any of our employees or representatives; or
viii. violates the privacy of any third party.
b. Users Must Be Over Age 18. You represent that you are over the age of 18. EastWest Legal does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
c. No Liability for User Interactions; EastWest Legal May Monitor Interactions. Any liability, loss or damage that occurs as a result of any User interactions, including, without limitation, any request for legal or non-legal consultation with a third-party user, that you input or receive through your use of the Site is solely your responsibility. At our discretion, we, or the technology we employ, may monitor and/or record your general interactions with the Site, though not the specifics of your legal interactions.
d. Right to Terminate Accounts. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Site to any User for any reason, with or without prior notice.
5. User-Generated Content
You own your content, but you allow us certain rights to it so that we can display and share the content you post. We have the right to remove content if we need to.
a. Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
b. EastWest Legal May Modify or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User-Generated Content is appropriate and complies with these Terms of Use, or refuse or remove any User-Generated Content that, in our reasonable opinion, violates any EastWest Legal policy or is in any way harmful, inappropriate, or objectionable. EastWest Legal further reserves the right to make formatting and edits and change the manner any User-Generated Content is displayed on the Website.
c. Ownership of User-Generated Content. Except for Content that originates from EastWest Legal, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for the User-Generated Content you post.
d. License Grant. Solely to allow EastWest Legal to use Content you offer to the Site reasonably without violating any rights you have in it, you grant us the following rights: by posting any Content via the Website, you expressly grant EastWest Legal and our successors a worldwide, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with EastWest Legal’s business purpose.
a. No Attorney-Client Relationship through Website Use. Use of the EastWest Legal Website may not form an attorney-client relationship. The information posted or made available on or through the Website, including, without limitation, any responses to legal questions posted on the Website; information in EastWest Legal’s Guides and Documents; information posted publicly on the website; or information sent in an unsolicited message to a User is not intended as legal advice, is not confidential, and does not create an attorney-client relationship. It is considered User-Generated Content.
EastWest Legal takes every reasonable effort to ensure the privacy, but it cannot guarantee confidentiality. Communications requiring confidentiality should take place outside the EastWest Legal, such as via telephone.
b. User Responsibilities. Users are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the website, including without limitation User-Generated Content, and any communications they may have with prospective clients through the Website, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
c. Promotional Codes and Credits. EastWest Legal may, in its sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to certain services, subject to the following terms and any additional terms that EastWest Legal establishes on a per promotional code basis (“Promo Codes”).
d. Promo Codes must be used by their intended audience, for their intended purpose, and in a lawful manner.
e. Promo codes may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise) unless expressly permitted by EastWest Legal. Promo Codes have no cash value and may expire or be disabled by EastWest Legal at any time, for any reason, prior to your use. EastWest Legal reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that EastWest Legal determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms.
6. Third-Party Content.
There may be content from third parties on EastWest Legal’s website, such as blog posts written by other users or links to other websites. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.
a. Access To Third Party Content. By using the Service, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Site is consent for EastWest Legal to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
b. No Responsibility For Third Party Content. EastWest Legal may provide you with convenient links to a third-party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to Site subscribers. We have no control over third-party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than EastWest Legal. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any such content.
c. No Authorization To Use Third Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by EastWest Legal’s terms and conditions.
7. Copyright Infringement and DMCA Policy
If you believe that material located on or linked to by EastWest Legal violates your copyright, please notify EastWest Legal in accordance with our Digital Millennium Copyright Act Policy.
a. Termination of Repeat Infringer Accounts. EastWest Legal respects the intellectual property rights of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of EastWest Legal or others. We may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
b. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to EastWest Legal’s designated copyright agent to [email protected].
c. Response To DMCA Take-Down Notices. If EastWest Legal takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to EastWest Legal. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as https://lumendatabase.org/.
d. Counter-Notices. If you believe that your User-Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to EastWest Legal’s copyright agent using the contact information set forth above.
e. Response to DMCA Counter-Notices. If a counter-notice is received by EastWest Legal’’s copyright agent, EastWest Legal may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
8. Intellectual Property Notice.
EastWest Legal retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
a. No Transfer. EastWest Legal retains ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. This Agreement does not transfer from us to you any EastWest Legal or third party intellectual property, and all rights, titles, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
b. Specifically, EastWest Legal, EastWest Legal.com, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of EastWest Legal. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from EastWest Legal, except as an integral part of any authorized copy of the Content.
9. Termination.
As further defined herein and subject to the Addendum, you may cancel this Agreement and close your account at any time. Termination of the EastWest Legal Service does not terminate attorney-client relationships or obligations.
a. You May Terminate This Agreement. If you wish to terminate this Agreement or your account with the Site, you may simply discontinue using EastWest Legal. If you wish to delete your User account data, please contact EastWest Legal at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 30 days.
b. EastWest Legal May Terminate This Agreement. EastWest Legal may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
10. Disclaimer of Warranties.
We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
a. EastWest Legal provides the Website and the Service “as is,” without warranty of any kind. Without limiting the foregoing, EastWest Legal expressly disclaims all warranties, whether express, implied or statutory, regarding the Website and the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
b. Specifically, EastWest Legal makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
11. Limitation of Liability.
We will not be liable for damages or losses arising from your use of the service or arising under this Agreement. Please read this section carefully; it limits our obligations to you.
a. To the extent permitted by applicable law, in no event will EastWest Legal be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of your User-Generated Content; (ii) your use or inability to use the Site; (iii) the Service generally or the software or systems that make the Site available; or (iv) any other interactions with EastWest Legal or any other User of the Site, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not EastWest Legal has been
informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. EastWest Legal will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
12. Any legal information provided on the Site is for informational purposes only.
EastWest Legal and any creator of User-Generated Content containing legal information disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights, and fitness for a particular purpose, to the fullest extent permitted by law. In no event will EastWest Legal be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the User-Generated Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not EastWest Legal or contributors of User-Generated Content are advised of the possibility of such damages. Neither EastWest Legal nor contributors of User-Generated Content are liable for any personal injury, including death, caused by your use or misuse of the Site or User-Generated Content.
13. Release and Indemnification.
a. You agree to indemnify and hold harmless EastWest Legal from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
b. If you have a dispute with one or more Users, you release EastWest Legal from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
14. Modification of Terms of Use.
EastWest Legal may amend this Agreement from time to time, and in EastWest Legal’s sole discretion. We will provide notification to Users of material changes to this Agreement (i) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of this email, and/or (ii) through our Website at least 30 days prior to the change taking effect by posting a notice on this page. Non-material changes to this Agreement will take effect immediately. We encourage visitors to frequently check this page for any changes to this Agreement. Your continued use of the Site after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
15. Dispute Resolution and Arbitration Agreement
Any claim, dispute or difference relating to or arising out of this Agreement shall be referred to the arbitration, of a sole arbitrator. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The Arbitration Centre will appoint the Sole Arbitrator and will conduct the Arbitration in accordance with its rules for the conduct of Arbitration proceedings then in force and applicable to the proceeding. The seat and venue of arbitration shall be New Delhi. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
- Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
- Changes. Notwithstanding the provisions (“Modification of these Terms”), if EastWest Legal changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within three (3) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of EastWest Legal’s notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and EastWest Legal in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
16. Miscellaneous.
This Agreement is controlled by arbitration laws prevailing in India. You, and you alone, are responsible for any obligations you agree to under this contract. If we are involved in a merger or we are bought, we may transfer this Agreement, as long as your rights are protected. You may only agree to these terms if you are able to form a binding contract in your jurisdiction. These terms, including our Privacy Policy, are the complete agreement between us, and no other terms apply.
a. Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and EastWest Legal and any access to or use of the website or the Service are governed by the abbreviation laws of India. You and EastWest Legal agree to submit to the exclusive jurisdiction and venue of the courts located in New Delhi, India, except as provided below in this Agreement.
b. Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of EastWest Legal to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
c. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with EastWest Legal must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
d. Non-Assignability. EastWest Legal may assign or delegate these Terms of Use and/or the EastWest Legal Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without EastWest Legal’s prior written consent, and any unauthorized assignment and delegation by you is void.
e. Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
f. Complete Agreement. These Terms of Use and the Addendum, together with the Privacy Policy at https://www.EastWest Legal.com/privacy-policy, represent the complete and exclusive statement of the agreement between you and EastWest Legal. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and EastWest Legal relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized EastWest Legal executive, or by the posting by EastWest Legal of a revised version.
g. Authorization to Contract. You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service.
You acknowledge that you have read these Terms of Use, understand the Terms of Use and Addendum and will be bound by these terms and conditions.