LAST UPDATED: July 28th, 2022
COLLECTING YOUR PERSONAL DATA We collect information about you in the following ways: Sources. We collect personal data from the following sources: • Website visitors • Individuals using our products or service offerings (“End Users”) • Customers or businesses using our Services to purchase our products or service offerings (“Customers”) Types of Information. We collect the following types of information: • Contact data, such as your first and last name, email and mailing address, and phone number; • Login data, such as your username and password when you create an account on the Services; • Transaction data, including information about products and service offerings you’ve used, purchased or expressed interest in; • Communications that we exchange when you contact us with questions or correspondence with us by email or otherwise, including when you provide feedback, report a problem with our Services or when we provide you with customer support; and • Marketing data, such as your marketing preferences, and information about your responses to our marketing communications. • Other Personal and Business data, as may be reasonable determined by us, subject to the limitations set forth herein. Information Automatically Collected. We, our service providers and third party partners may automatically log information about you, your computer or mobile device, and your activity over time on our Apps and other online services, such as: • Device data, such as your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Apps, and general location information such as city, state or geographic area. • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, and access times and information about your use of and actions on our Apps. Some of our automatic data collection is facilitated by cookies and similar technologies. Please see Section 2 for more information.
COOKIES AND OTHER TRACKING TECHNOLOGIES What are cookies? We may collect information using “cookies.” Cookies are small data files placed on your computer when you visit a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Apps. In addition to cookies, our Apps and emails may use pixel tags (also known as web beacons and clear GIFs) to compile statistics about use of the Services, measure the success of our marketing campaigns, and indicate whether recipients of our emails open or click links within them. Cookies we use Our Apps use the following types of cookies for the purposes set out below: Type of cookies & purpose Essential Cookies: These cookies are necessary to allow the technical operation of our Apps (e.g., they enable you to move around on a website and to use its features). Functionality Cookies: These cookies enhance the performance and functionality of our Apps. Analytics Cookies: These cookies help us understand how our Apps are performing and being used. These cookies may work with web beacons included in emails we send to track which emails recipients open and which links recipients click. We use Google Analytics for this purpose. Google Analytics uses its own cookies. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies and about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Apps by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB Advertising Cookies: These cookies are used by advertising companies to collect information about how you use our Apps and other websites over time. These companies use this information to show you ads they believe will be relevant to you within our Apps and elsewhere, and to measure how the ads perform.
Disabling cookies You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com/uk. If you do not accept our cookies, you may experience some inconvenience in your use of our Apps. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Apps.
DO NOT TRACK SIGNALS Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to do not track signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.
USING YOUR PERSONAL DATA We may use your personal data as follows: Operations: • to operate and maintain, and improve our Apps/Services, products, and services; • if you are an End User, to provide you with the products and service offerings you have purchased or the information you requested prior to purchase our products or service offerings, and to send you replacement and/or repairs items as applicable; and to otherwise share data inputs entered onto our Apps with the Customer through whom you are accessing our Apps; • if you are a Customer, to send you invoices; • to respond to your comments and questions and to provide customer service; and • to send information including technical notices, updates, security alerts, and support and administrative messages. Marketing: • To send you marketing emails, including emails about upcoming promotions, and other news, including information about products and services offered by us and our affiliates. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out.” Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you; and • To display advertisements to you, which may be delivered by our advertising partners and may be targeted based on your use of the Services or your activity elsewhere online. Research and development: • We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying user demographics and use of the Service; and • We may create anonymous, aggregated, or de-identified data, as described in Section 6 of this Policy. Legal compliance: • As we believe necessary or appropriate (a) to comply with applicable laws; and (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities. Compliance, fraud prevention and safety: • As we believe necessary or appropriate (a) to enforce the terms and conditions that govern our Services; (b) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity; and (c) to protect our rights, privacy, safety or property, and/or that of you or others. Consent: • In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.
SHARING YOUR PERSONAL DATA We may share your personal data as follows: • Our Third Party Service Providers. We may share your personal data with our third party service providers who provide services such as data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services. • Advertising Partners. Our third party advertising partners may collect information about your activity on our Apps and other online services to help us advertise our Services. • Affiliates. We may share personal data with our affiliates, in which case we will require our affiliates to comply with this Policy. • Corporate Restructuring. We may share personal data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding. • Legal Compliance. We may share personal data as we believe necessary or appropriate: (a) to comply with applicable laws; and (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements. • Compliance, Fraud Prevention and Safety. We may disclose personal data to law enforcement, government authorities, and private parties as we believe necessary or appropriate (a) to enforce the terms and conditions governing our Services; (b) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity; and (c) to protect our rights, privacy, safety or property, and/or that of you or others.
ANONYMOUS, AGGREGATED OR DE-IDENTIFIED DATA We may create anonymous, aggregated or de-identified data from the personal data we receive about you and other individuals whose personal data we collect. We make personal data into anonymous, aggregated or de-identified data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous, aggregated or de-identified data for our lawful business purposes.
USER GENERATED CONTENT We may make available on our Apps or through our Service, or link to, features that allow you to generate your own content or share information online (e.g., on our blog). Please do not embed personal information in the content you generate or share personal information online in public forums, because any such information can be collected and used by others. We have no control over, and take no responsibility for, the use, storage, dissemination or erasure of personal information embedded in user-generated content or shared on the Sites. By posting personal information online in public, you may receive unsolicited messages from other parties. If you provide feedback to us, in a public forum or otherwise, we may use and disclose such feedback on our Apps/Services and/or feature it in case studies and white papers we create, provided we do not publicly associate such feedback with your personal data. If you have provided your consent to do so, we may post your first and last name along with your feedback on our Apps/Services.
INTERNATIONAL DATA TRANSFER Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us or our service providers outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. We will take steps designed to ensure that your data is treated securely and in accordance with this Policy.
EUROPEAN DATA TRANSFER Slatewell is based in, and operates from, the United States. If you are in the UK, Switzerland or the European Economic Area (EEA), please note that as part of your service, we may transfer your personal information to other regions, including the United States and Canada. These countries may not guarantee the same level of protection for personal information and judicial redress as the country in which you reside. We protect our transfers out of the UK, Switzerland or the EEA with approved legal safeguards that may include standard contractual clauses.
SECURITY We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the details in Section 15 below.
RETENTION We will only retain your personal data as long as reasonably required for you to use the Apps and/or to provide you with the Services unless a longer retention period is required or permitted by law (for example for regulatory purposes).
SENSITIVE PERSONAL DATA We do not collect sensitive personal data as that term is defined by the GDPR (with respect to European users) or other applicable law; provided, that we do not control information requested by Customers using our Service (but shall in no case collect any such information).
JOB APPLICANTS When you visit the careers portion of our website, we collect the information that you provide to us in connection with your job application. This includes business and personal contact information, professional credentials and skills, educational and work history, and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics, and as otherwise necessary in connection with legal disclosures.
YOUR RIGHTS Depending on the jurisdiction in which you are located, you may have the following rights with respect to your personal data: • Opt-out. You may contact us anytime to request to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA, in each case where we requested your consent prior to such processing. Please note that your use of some of the Apps/Services may be ineffective upon opt-out. Note that at this time, we do not engage in any automated decision-making or profiling, or collect any sensitive personal data. • Access. You may request to access the information we hold about you. • Amend. You can also request to update or correct any inaccuracies in your personal data. • Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data. If you wish to submit a request to exercise any of these rights, please contact us using the details in Section 17 below. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. Applicable law may require or permit us to decline your request. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and except as otherwise permitted by law, within one month of your request. Please note that we may need to retain certain information for regulatory or record keeping purposes, to complete any transactions that you began prior to requesting such change or deletion, or to continue to provide our Services. Applicable law may also require or permit us to decline your request.
COMPLAINTS We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us using the details below. We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however, if you are located in Europe and you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority. You can find your data protection regulator here.
LEGAL BASES FOR PROCESSING Please note that this section applies only to individuals located in Europe. We have listed in the table below our legal bases for processing the personal data described in this Policy. Legal basis: Details regarding each processing purpose listed below are provided in the section above titled “Using Your Personal Data”. Operations Processing is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for or otherwise engaging with the Services.
In other cases, these activities constitute our legitimate interests.
Marketing, Research and development, Compliance, fraud prevention and safety These activities constitute our legitimate interests. We do not use your personal information for these activities where the impact on you would override our interests (unless we have your consent or are otherwise required or permitted to by law). Legal compliance Processing is necessary to comply with our legal obligations. Consent Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service.
CONTACT INFORMATION We welcome your comments or questions about this Policy. You may contact us in writing at firstname.lastname@example.org.
• Through our Services you direct us to disclose your information to the companies that provide the services you request, such as third party administrators. Here is a description of our relevant privacy practices: Personal information we collect CCPA-defined categories Sources of personal information Purposes for which we may collect and use the personal information · Contact data · Identifiers · End Users · Customers · Operations · Marketing · Login data · Identifiers · Online identifiers · End Users · Customers · Operations · Transaction Data · Commercial information · Financial information · Identifiers · Online identifiers · End Users · Customers · Operations · Marketing · Communications · Identifiers · End Users · Customers · Operations · Marketing · Marketing data · Commercial information · Identifiers · Inferences · Internet or network information · Online identifiers · End Users · Customers · Automatic collection · Operations · Marketing · Device data · Online activity data · Inferences · Internet or network information · Online identifiers · Automatic collection · Operations · Marketing
Please note that we may also disclose personal information to our affiliates and third party service providers, in connection with corporate restructuring, to comply with law, or for compliance, fraud prevention and safety purposes, as further described herein. Privacy Rights. Except as excluded above, the CCPA grants California residents the following rights: • Information. You can request information about how we have collected, used and shared your personal information during the past 12 months. We have made this information available to California residents without having to request it by including it in this Policy, in the chart above. • Access. You can request a copy of the personal information that we maintain about you. • Deletion. You can ask us to delete the personal information that we collected or maintain about you. Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.
You are entitled to exercise the rights described above free from discrimination. How to Submit a Request. To request access to or deletion of personal information, please contact: • email@example.com with the subject line “CCPA Deletion Requestion” Identity verification. The CCPA requires us to verify the identity of the individual submitting a request to access or delete personal information before providing a substantive response to the request.
Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority. Online Tracking Opt-Out Guide Like many companies online, we may use services provided by Google, Meta and other companies that use tracking technology. These services rely on tracking technologies – such as cookies and web beacons – to collect directly from your device information about your browsing activities, your interactions with websites, and the device you are using to connect to the Internet. There are a number of ways to opt out of having your online activity and device data collected through these services, which we have summarized below: • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes. • Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers. • Platform opt-outs. The following advertising partners offer opt-out features that let you opt-out of use of your information for interest-based advertising: • Google: https://adssettings.google.com • Meta: https://www.facebook.com/about/ads • LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out • Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies: • Digital Advertising Alliance: http://optout.aboutads.info • Network Advertising Initiative: http://optout.networkadvertising.org/?c=1 Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use. Glossary Biometric Information An individual’s physiological, biological or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. Commercial Information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Education Information Personal information from an educational record, which could include: a student’s name, the names of the student’s parent or other family members, the address of a student or student’s family, a student’s personal identifier (e.g., SSN, student number), other indirect identifiers of the student (e.g., date of birth, place of birth, mother’s maiden name), other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. Financial Information Bank account number, debit or credit card numbers, insurance policy number, and other financial information. Geolocation Data Precise location, e.g., derived from GPS coordinates or telemetry data Identifiers Real name, alias, postal address, unique personal identifier, customer number, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Inferences The derivation of information, data, assumptions, or conclusions from any other category of Personal Information to create a profile about a person reflecting the person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. Internet or Network Information Browsing history, search history, and information regarding a person’s interaction with an Internet website, application, or advertisement. Medical Information Personal information about an individual’s health or healthcare, including health insurance information. Does not include (a) medical information governed by California’s Confidentiality of Medical Information Act, (b) protected health information that is collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 or (c) information collected as part of certain clinical trials. Online Identifiers An online identifier or other persistent identifier that can be used to recognize a person, family or device, over time and across different services, including but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers (i.e., the identification of a person or a device to a degree of certainty of more probable than not) that can be used to identify a particular person or device. Physical Description An individual’s physical characteristics or description (e.g., hair color, eye color, height, weight). Professional or Employment Information This term is not defined in the CCPA, but likely includes any information relating to a person's current, past or prospective employment or professional experience (e.g., job history, performance evaluations). Protected Classification Characteristics Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Sensory Information Audio, electronic, visual, thermal, olfactory, or similar information.
Countries have their own laws with different requirements per jurisdiction regarding the use of privacy policies. Make sure you are following the legislation relevant to your activities and location.
Last Updated Date: July 28th, 2022
Overview of the Services. The Services constitute a platform that: (i) enables Customers to collect information from End Users in connection with, and in support of, Customer’s legal services provided to End Users, and (ii) serves as a document repository for purposes of enabling Customer to collect, access and use inputs from End Users for purposes of performing legal services for which Customers have been engaged thereby. You agree and acknowledge that Slatewell is an intermediary entity and does not provide legal advice and does not function as a law firm, lawyer or other legal service professional. You may use the Services as an End User or a Customer, as described below. Note that when we use the term “you” throughout these Terms, “you” refers to you, as an End User or as a Customer, unless otherwise specified as applying only to End Users or only to Customers. The Services are provided solely for your convenience. Any decision made by you to offer or accept payment through the Website is a decision made in your sole discretion. Neither Slatewell nor the Slatewell Properties, provide any legal advice, and all information, content and materials available are for informational purposes only, except to the extent that a Customer provides documentation or legal advice to End User, which shall be governed exclusively by the attorney-client relationship in place between such parties. Use of, and access to, the Slatewell Properties or any of the links or resources contained within the site do not create an attorney-client relationship between the Customer, End User, reader, or browser and Slatewell.
Registration. A. Registering Your Account. In order to access certain features of Services available to a Customer or its end users (“End Users”), you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”). By registering an Account, End Users expressly authorize the Customer through which each such End User has accessed the Slatewell Properties to access information provided thereby in connection with documentation and other prompts provided by Customer.
B. Registration Data. In registering an account with the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Website or Services (collectively, the “Slatewell Properties”) under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time.
C. Access Through Third Party Websites. By using the Services, you expressly authorize Slatewell to access your account information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you provide third party account login information to the Services, you will be directly connected to the website for the third party you have identified. Slatewell will submit information including usernames and passwords that you provide to log into the third party website. You hereby authorize and permit Slatewell to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and solely to provide the Services to you, you grant Slatewell a limited power of attorney, and appoint Slatewell as your attorney-in-fact and agent, to access third party sites, retrieve, use, and share your information with applicable Customer(s) and you grant Slatewell the full power and authority to do and perform each action necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SLATEWELL IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SLATEWELL IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. Slatewell is not responsible for any issues that may arise from inaccurate account information.
D. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Company’s Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Services.
A. Slatewell Properties. Except with respect to the information or data you submit through the Services (collectively, “Your Data”), you agree that Slatewell and its suppliers own all rights, title and interest in Slatewell Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Slatewell Properties.
B. License to Your Data. Subject to any applicable account settings that you select, you grant Slatewell a fully paid, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, distribute, and reproduce Your Data (in whole or in part) for the purposes of operating and providing the Services, which with respect to End Users, shall expressly include sharing Your Data with the Customer through which you have accessed Slatewell Properties. You agree that you, not Slatewell, are responsible for all of Your Data that you make available on or in Slatewell Properties.
C. Feedback. You agree that submission of any ideas, suggestions, criticisms, documents, and/or proposals to Slatewell through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Slatewell has no obligation (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Slatewell a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Slatewell Properties.
User Conduct. You agree that you will not, under any circumstances: A. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
B. Attempt to access or use another user’s Account without authorization;
C. Create or use a false identity;
D. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
E. Stalk or otherwise harass any other user of our Slatewell Properties;
F. Make available any data, information, or content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
G. Interfere or attempt to interfere with the proper functioning of Slatewell Properties or connect to or use Slatewell Properties in any way not expressly permitted by the Terms;
H. Systematically retrieve data or other content from our Slatewell Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
I. Use, display, mirror or frame Slatewell Properties, or any individual element within Slatewell Properties, Slatewell’s name, any Slatewell trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Slatewell’s express written consent;
J. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through Slatewell Properties or that is in transit from or to Slatewell Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by Slatewell Properties;
K. Use, facilitate, create, or maintain any unauthorized connection to Slatewell Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of Slatewell Properties; or (ii) any connection using programs, tools or software not expressly approved by Slatewell;
L. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Slatewell Properties, or to obtain any information from Slatewell Properties; or
M. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Fees and Purchase Terms. A. General. Customers agree to pay all fees or charges to their Accounts in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Customers must provide Slatewell with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) in order to purchase any of the options offered on the Services. Customer’s Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Slatewell with your credit card number and associated payment information, you agree that Slatewell is authorized to immediately invoice your account for all fees and charges due and payable to Slatewell hereunder and that no additional notice or consent is required. You agree to immediately notify Slatewell of any change in your billing address or the credit card used for payment hereunder. Slatewell reserves the right at any time to change its prices and billing methods, either immediately upon posting on Slatewell Properties or by e-mail delivery to you.
B. Payment Terms for Customers. Please refer to your Customer Agreement for information on any fees as negotiated separately by Slatewell and the Customers.
C. Payment Terms for End Users. End Users will not be charged by Slatewell for the Services provided hereunder. Notwithstanding the foregoing, Customers may in certain cases charge End Users for their use of, and access to, Slatewell’s Properties, and such prices shall in each case be determined exclusively by the Customer and End User.
Indemnification. You agree to indemnify and hold Slatewell, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Slatewell Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Data, including any inaccuracies therein; (b) your use of, or inability to use, Slatewell Properties; (c) your violation of the Terms; (d) your violation of any rights of another party; (e) your violation of any applicable laws, rules or regulations; or (f) your breach of violation of any end user agreement to which you are bound. Slatewell reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Slatewell in asserting any available defenses. This provision does not require you to indemnify any of the Slatewell Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Slatewell Properties.
Disclaimer of Warranties and Conditions.
A. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SLATEWELL PROPERTIES IS AT YOUR SOLE RISK, AND SLATEWELL PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SLATEWELL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE OR SERVICES.
B. SLATEWELL PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SLATEWELL PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SLATEWELL PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SLATEWELL PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) CUSTOMERS OWN OR OTHERWISE HAVE SECURED COPYRIGHT PROTECTION WITH RESPECT TO DOCUMENTS PROVIDED ON THE SLATEWELL PROPERTIES.
C. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. SLATEWELL MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SLATEWELL OR THROUGH SLATEWELL PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
E. FROM TIME TO TIME, SLATEWELL MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SLATEWELL’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT SLATEWELL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SLATEWELL PARTIES LIABLE, FOR THE CONDUCT OR INFORMATION OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OTHER USERS (WHETHER END USERS OR CUSTOMERS). WE ARE NOT LIABLE FOR THE ACCURACY OR QUALITY OF ANY THIRD-PARTY SERVICES OR INFORMATION. WE HAVE NO CONTROL OVER THE TERMS OF ANY BUSINESS OR PAYMENT ARRANGEMENT BETWEEN END USERS AND CUSTOMERS. WE CANNOT ENSURE THAT A CUSTOMER OR END USER WILL COMPLETE ALL OBLIGATIONS.
Limitation of Liability.
A. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SLATEWELL PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SLATEWELL PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT SLATEWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SLATEWELL PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SLATEWELL PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SLATEWELL PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SLATEWELL PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO SLATEWELL PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SLATEWELL PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SLATEWELL PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SLATEWELL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
B. Disclaimers Regarding Customer-End User Agreements. END USERS ACKNOWLEDGE AND AGREE THAT SLATEWELL PARTIES ARE NOT RESPONSIBLE FOR ANY DELAYS OR ERRORS CAUSED BY CUSTOMER IN CONNECTION WITH END USER AGREEMENTS BETWEEN SUCH PARTIES.
C. Cap on Liability. UNDER NO CIRCUMSTANCES WILL SLATEWELL PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SLATEWELL PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SLATEWELL PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SLATEWELL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
D. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLATEWELL AND YOU.
Remedies. A. Violations. If Slatewell becomes aware of any possible violations by you of the Terms, Slatewell reserves the right to investigate such violations. If, as a result of the investigation, Slatewell believes that criminal activity has occurred, Slatewell reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Slatewell is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Slatewell Properties, including Your Data, in Slatewell’s possession in connection with your use of Slatewell Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Data violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Slatewell, its Users or the public, and all enforcement or other government officials, as Slatewell in its sole discretion believes to be necessary or appropriate.
B. Breach. In the event that Slatewell determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Slatewell Properties, Slatewell reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to Slatewell) that you have violated the Terms;
Delete any of Your Data provided to Slatewell Properties;
Discontinue your access to any Services;
Notify and/or send Your Data to and/or fully cooperate with the proper law enforcement authorities for further action;
With respect only to End Users, notify the Customer through whom you are accessing the Slatewell Properties; and
Pursue any other action which Slatewell deems to be appropriate.
Term and Termination.
A. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Slatewell Properties, unless terminated earlier in accordance with the Terms.
B. Prior Use. Notwithstanding the foregoing, if you used Slatewell Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Slatewell Properties (whichever is earlier) and will remain in full force and effect while you use Slatewell Properties, unless earlier terminated in accordance with the Terms.
C. Termination of Services by Slatewell. If you have materially breached any provision of the Terms, or if Slatewell is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), Slatewell has the right to, immediately and without notice, suspend or terminate any Services provided to you (and in the case of Customers, provided to their End Users), and take any action as set forth herein. You agree that all terminations for cause shall be made in Slatewell’s sole discretion and that Slatewell shall not be liable to you or any third party for any termination of your Account.
D. Termination of Services by You. THE SERVICES WILL CONTINUE UNTIL TERMINATED BY US OR BY YOU IN ACCORDANCE WITH THIS SECTION. If you want to terminate the Services provided by Slatewell, you may do so by closing your Account for all of the Services that you use.
E. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your and your End Users’ right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Data associated therewith from our live databases. Slatewell will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Data. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. TERMINATION OF THE SERVICES BY EITHER YOU OR SLATEWELL WILL NOT CANCEL OR REDUCE ANY CHARGES OR FEES THAT CONTINUE TO BE DUE AND PAYABLE TO SLATEWELL.
F. No Subsequent Registration. If your registration(s) with or ability to access Slatewell Properties, or any other Slatewell community is discontinued by Slatewell due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access Slatewell Properties or any Slatewell community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Slatewell Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Slatewell reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Slatewell and limits the manner in which you can seek relief from us. A. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Slatewell, will be resolved by binding arbitration, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
B. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent in Delaware. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Slatewell will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
C. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Slatewell. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
D. Waiver of Jury Trial. YOU AND SLATEWELL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Slatewell are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
E. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.
F. Severability. Except as provided herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
G. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Slatewell.
H. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Slatewell makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Slatewell at the following address: Slatewell, Inc., 1 Dock 72 Way, Brooklyn NY 11205.
General Provisions. A. Electronic Communications. The communications between you and Slatewell use electronic means, whether you visit Slatewell Properties or send Slatewell e-mails, or whether Slatewell posts notices on Slatewell Properties or communicates with you via e-mail or text message. For contractual purposes, you (1) consent to receive communications from Slatewell in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Slatewell provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
B. Release. You hereby release Slatewell Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from your acts or omissions under your attorney-client relationship between Customer and End User, or any dispute between such parties and/or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Slatewell Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
C. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Slatewell’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
D. Force Majeure. Slatewell shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
E. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Slatewell Properties, please contact us at: firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
F. Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Slatewell agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts located New York, New York.
G. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF New YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
H. Notice. Where Slatewell requires that you provide an e-mail address, you are responsible for providing Slatewell with your most current e-mail address. In the event that the last e-mail address you provided to Slatewell is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Slatewell’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Slatewell at the following e-mail address: email@example.com. Such notice shall be deemed given when received by Slatewell by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
I. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
J. Severability. If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
K. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter (except with respect to any Customer Agreement).