Last Modified: November 5, 2021
IMPORTANT! Please read these terms of service carefully before using the Website or any of the Services provided by Digitize Legal. The Website and the Services are not intended to be legal advice and use of any of the foregoing does not create an attorney-client relationship between you and Digitize Legal Inc. Disputes about these terms, the Website, and the Service are subject to binding arbitration and a waiver of class action rights as detailed in the “Dispute Resolution” section below.
ACCEPTANCE OF THE TERMS OF SERVICE
Digitize Legal Inc. ("Digitize Legal") provides informational products and self-help, fill-in-the-blank web-based applications that automate the creation of legal documents (the “Services”). The Services are accessible at http://www.digitize.legal or other websites or webpages owned or controlled by Digitize Legal (collectively, the "Website") and are made available subject to these terms of service (“TOS”). In these TOS, the words “you” and “your” refer to each customer, visitor, or user of the Website or the Services, and “we”, “us” and “our” refer to Digitize Legal.
Please read the TOS carefully before you start to use the Website. By using the Service or Website, you accept and agree to be bound and abide by these TOS and our Privacy Policy, which is available at https://www.digitize.legal/privacy-policy and is incorporated herein by reference. If you do not agree to these TOS or the Privacy Policy, you must not access or use the Website or the Services.
USER REPRESENTATIONS AND ACKNOWLEDGEMENTS
This Website and the Services are offered and available to end users who are 18 years of age or older. By using this Website, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Website or the Services.
YOU WARRANT AND REPRESENT THAT: 1) you are over 18 years of age; 2) you are legally able to enter into this contract; 3) you are not a person barred from using the Website or the Services under the laws of the United States or any other applicable jurisdiction; 4) if you are acting on behalf of an institution, business, organization or other entity (an “Organization”), (a) you have the authority to bind that Organization to these TOS and that your agreement to these TOS will be treated as the agreement of the Organization and (b) any individual or entity to whom you provide access to the Website or the Services is made aware of and complies with these TOS.
YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME DO WE: 1) review your answers for legal sufficiency; 2) draw legal conclusions; 3) provide legal advice, opinions or recommendations about your legal rights, risks, remedies, defenses, options, or strategies, including whether acceptance of particular agreements or provisions are appropriate in your particular situation; 4) perform conflicts checks; 5) establish or create an attorney-client relationship with you; OR 6) apply the law to the facts of your particular situation.
YOU ACKNOWLEDGE AND AGREE THAT: 1) Digitize Legal is not a law firm and may not perform legal services; 2) Digitize Legal and its Service do not substitute the advice or services of an attorney; and 3) your use of the Website and the Services does not and will not create an attorney-client relationship between you and Digitize Legal.
CHANGES TO THESE TOS
We may revise and update these TOS from time to time as we believe necessary. All changes are effective immediately when we post them as reflected in the “Last Modified” date and apply to all access to and use of the Website thereafter. Any material change made to these TOS will be either posted with a prominent notice of the change on the homepage of the Website or sent to the user’s registered email address. We will not enforce the material change and the previous version of these TOS will apply until the end of your then-current subscription term, if you notify us of your objection by sending an email to support@digitize.legal within 30 days of our notice of the material change to you.
Your continued use of the Website or the Services following the posting of revised TOS means that you accept and agree to all changes and material changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. If at any time you find the TOS unacceptable or if you do not agree to the TOS, please do not visit the Website or use the Service. If you have any questions about the TOS, please contact us at support@digitize.legal.
DISCLAIMERS
As part of our Services, we offer information products and self-help, fill-in-the-blank forms to both paying and non-paying users. You understand that your purchase, download, or use of a form document from the Website or the Services is neither legal advice nor the practice of law. Our Website and Services do not substitute the advice of an attorney and if you need legal advice for your specific matter, or if your matter is too complex to be addressed by our tools, you should consult a licensed attorney in your area. At no time is an attorney-client relationship or any other special relationship created between you and Digitize Legal or any employee or other person associated with Digitize Legal, and any information you provide us is not protected by attorney-client privilege or as work product.
We provide online tools and materials to assist you with the preparation, execution, and, in some cases, storage of your own legal documents and related information. We strive to keep the documents and other materials available through the Services, including any descriptions, information and other help resources (collectively, "Document Materials") current and up to date; however, they are not legal advice and are not guaranteed to be correct, complete, or up to date. The law changes rapidly, is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. We do not review the Document Materials or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law, and that the Document Materials are not customized to your particular needs. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
If, prior to your use of any document, you believe that Digitize Legal gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use such document. Any use of documents provided through the Website or the Services is done at your own risk.
You understand that any error review we perform uses an automated process that is limited to confirmation that you or another user have provided an answer to all required fields in a fill-in-the-blank form or, in some cases, type checking (e.g., date and email fields contain dates and email addresses, respectively). It is on a best effort basis and is not comprehensive. There is no review on the accuracy of information provided. You will read the final document(s) before signing them and agree to be solely responsible for the final document(s).
ADDITIONAL SERVICES - AFFILIATED LAW FIRMS AND LAWYERS
Digitize Legal may provide you referrals to lawyers you can hire to assist in your legal matter. Digitize Legal users that access lawyers introduced by Digitize Legal enter into an attorney-client relationship directly with the lawyer and law firm - not with Digitize Legal. If you decide to access and pay for any legal help through any of such lawyer or law firm, you will be required to review and accept an attorney engagement letter specifically related to the services and fees that you are hiring them to perform. The terms of the engagement letter are unrelated to these TOS.
Please note, affiliated lawyers do not “fee split” (i.e., share fees) with Digitize Legal unless specifically allowed by the state in which such lawyers maintain offices. All legal fees generated are paid directly to the hired lawyer or law firm by you.
We recommend that you consult with an attorney related to interpretation, enforcement, or advisability of any document created using Digitize Legal.
LICENSE GRANTED TO YOU
Subject to your compliance with these TOS, Digitize Legal grants you a non-exclusive, freely revocable, royalty-free, non-transferable right to access and use the Website and Service for the purpose of preparing, reviewing, and optionally signing one or more legal documents for your own personal or internal business use. This right includes the right to share such prepared documents with any third party with whom you wish to enter into a relationship for their review and signature. Any rights not expressly granted herein in the Website, Services and the Digitize Legal Content (as defined below) are expressly reserved by Digitize Legal. Digitize Legal may terminate this license at any time for any reason or no reason.
This permission terminates automatically without notice if you breach any of the terms or conditions of these TOS. On any such termination, you agree to immediately destroy any downloaded or printed Document Materials and to cease using the service. Any unauthorized use of any Document Materials contained on the Website or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover the source code of the Website or Service, or transfer any right in the Website or Service in any manner. You shall not remove any proprietary notices from the Website, Service or Document Materials. By ordering or downloading draft documents, you agree that the documents you purchase, or download may only be used by you for your personal or business use or used by you and may not be sold, reproduced for anyone else or redistributed without the express written consent of Digitize Legal.
OUR INTELLECTUAL PROPERTY AND RIGHTS
This Website and Service are owned and operated by Digitize Legal. You acknowledge and agree that Digitize Legal retains all right, title, and interest in and to the Website, Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Digitize Legal Content"). You further acknowledge and agree that all Intellectual Property Rights (defined below) related thereto, are the exclusive property either of Digitize Legal or of our respective third-party authors, licensors, licensees, developers or vendors (“Third Party Providers”). Except as explicitly provided herein, nothing in these TOS shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Digitize Legal Content or materials on the Services for any purpose not expressly permitted by these TOS is strictly prohibited.
For the purposes of these TOS, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Digitize Legal™, the “workflow D” logo, all related names, logos, product and service names, designs, and slogans, and all Intellectual Property Rights of Digitize Legal may not be used by you without Digitize Legal’s prior written consent.
You may choose to, or we may invite you to submit comments or ideas about the Website, Services, or Document Materials, including without limitation about how to improve any of the foregoing or any of our other products, services, or support (collectively, "Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Digitize Legal under any fiduciary or other obligation, and that we are free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute the Idea in any manner without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Digitize Legal does not waive any rights to use similar or related ideas previously known to the Digitize Legal, or developed by its employees, or obtained from sources other than you.
YOUR INFORMATION, ACCOUNT, AND CONTENT
If you open an account to use or access certain portions of the Website or the Service, you must provide true, complete and accurate information as requested, and promptly update such information as appropriate. We reserve the right, in our sole discretion, to suspend or terminate your account and deny you access to the Website or Service without notice and for any reason. If you provide any information that is inaccurate or if we have reasonable grounds to suspect that such information is inaccurate, we shall terminate your account and deny you access to the Website and Service.
You or your authorized users may be asked to provide account credentials (i.e., username and password) if you have opened an account with Digitize Legal. You are entirely responsible for maintaining the confidentiality of your password and the passwords of any of your authorized users. You may not use a third party’s account, username or password at any time. By registering, you agree to be fully responsible for all activities that occur under your username and password or the usernames and passwords of your authorized users. You agree to notify support@digitize.legal immediately of any unauthorized use of your account or any usernames or passwords associated with your account. Digitize Legal is not liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge, and whether or not you have advised us of such unauthorized use of your account or password.
Regardless of whether you opened an account or not, you acknowledge the following: (1) you are solely responsible for all information, data, text, Ideas and other materials that you or your authorized users upload to the Website or Service, including account credentials (“User Content”); (2) you agree that Digitize Legal has no obligation to pre-screen User Content, although Digitize Legal reserves the right, in its sole discretion, to pre-screen, refuse, or remove any of your User Content from the Website, Service or Document Materials that violates the TOS or that it deems objectionable; and (3) you grant Digitize Legal a worldwide, perpetual, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, transmit, reproduce, modify, conform, adapt, publish and translate User Content for use in connection with the Website, Service, and Document Materials, subject to the Privacy Policy and further subject to our commitment to not publicly disclose information about your use of the Service or Document Materials without your prior consent or unless you or your authorized users expressly direct us to do so (e.g., directing the Website or Service to send a document or other request to a third party).
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete User Content from the Services. We may retain and use your User Content as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and in accordance with our standard back-up and data retention policies. Consistent with these requirements, we will try to delete your User Content quickly upon request. Please note, however, that there might be latency in deleting User Content from our servers and backed-up versions might exist after deletion. In addition, we do not delete User Content from our servers that you have in common with other users.
In connection with User Content, you affirm, represent, and warrant the following:
Your User Content and Digitize Legal’s use thereof as contemplated by these TOS and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Digitize Legal may exercise the rights to your User Content granted under these terms of service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.
Digitize Legal takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Services. You shall be solely responsible for User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Digitize Legal is not liable for any damages you may incur as a result of your, or any user’s, Content.
SECURITY
We will implement and maintain appropriate technical and organizational security measures designed to prevent unauthorized access, use, alteration or disclosure of User Data.
PROHIBITIONS
In connection with your use of the Website, Service and Document Materials, you shall not:
upload, post, e-mail, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
stalk or otherwise harass another person or entity;
impersonate any person or entity, including, but not limited to, Digitize Legal personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
create serial accounts for disruptive or abusive purposes or squat on accounts to prevent legitimate use by others;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website or Service;
upload, post, e-mail, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationship – for example, inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
upload, post, e-mail, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
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;
disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website, Service or Document Materials are able to type, or otherwise act in a manner that negatively affects the ability of other users to use the Website, Service or Document Materials;
interfere with or disrupt the Website or Service or servers or networks connected to the Website or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Service;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
use spiders, crawlers, robots or any other means to access the Website or Service or substantially download, reproduce or archive any portion of the Service except as otherwise expressly permitted in the TOS; or
reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Website, Service or Document Materials or your access to or use of the same.
PAYMENT
Certain aspects of the Services may be provided for a fee, other charge, or for free. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment, billing policies and refund policies applicable to such fees and charges. Digitize Legal may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You authorize Digitize Legal to charge your credit card for all fees and charges incurred in connection with your use of the Services, including Digitize Legal’s fees, government fees, taxes and other third-party fees.
Digitize Legal may process payment using Stripe, LawPay, or any like payment processor that Digitize Legal, in its sole discretion, chooses to use. By using the payment processing Services, you agree to the applicable services agreement of our payment processor. Digitize Legal makes no warranties or representations in regard to services provided by payment processors.
If you register with us, you may cancel your account at any time; however, there are no refunds for cancellation. All purchases are final and subject to our refund policy. If Digitize Legal suspends or terminates your account or these TOS with you, you understand and agree that you will not receive a refund or exchange.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
SUBSCRIPTIONS, RENEWAL AND BILLING
We may offer Services as a one-time purchase or on a subscription basis. If you elect to use Services that are offered on a subscription basis, your initial purchase will provide you access to the Services for an “Initial Service Period,” equal to one month or one year, unless otherwise mutually agreed. Your paid subscription will automatically renew at the end of the Initial Service Period and will automatically renew for a period equivalent to the length of the Initial Service Period each period thereafter. Your payment method will be charged upon each renewal of your paid subscription.
We may send a courtesy reminder to your account’s email address before any automatic renewal. Unless required by applicable law, we are not required to provide such notice. You agree that your failure to read, your failure to receive, or our failure to send any such notice creates no liability for us or any right to rescind an automatic renewal payment.
If you wish to cancel the automatic renewal of your paid subscription, you must cancel your plan through your account or by providing notice to support@digitize.legal. Any such cancellation must be made at least one day before the next automatic renewal. There are no refunds for any unused portion or time remaining in a subscription.
We may change the renewal price for your paid subscription at any time upon notice to you. Any changes made will only take effect upon the next automatic renewal following the provision of notice to you regarding the change in renewal price. If you do not wish to renew at the changed renewal price, you must cancel your plan through your account or by providing notice to support@digitize.legal at least one day before the next automatic renewal.
You agree that we may store your payment method and related payment information. You authorize us to automatically charge your payment method for any automatic renewal payments. You may update your payment method through your payment account or by contacting us at support@digitize.legal. If any attempt to charge your payment method is not successful or if the automatic renewal payment fails for any reason, we may suspend or terminate your access to the Services without notice to you.
WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Digitize Legal, including the HelloSign e-signature platform via an application programming interface. Digitize Legal does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Services, you do so at your own risk, and you understand that these TOS and our Privacy Policy do not apply to your use of such sites. You expressly relieve Digitize Legal from any liability arising from your use of any third-party website, service, or content. You agree that Digitize Legal is not responsible for any loss or damage of any sort relating to your dealings with such third parties.
DISCLAIMER OF WARRANTIES
The Website, Services, Document Materials and all other materials, documents or forms provided on or through your use of the Website or the Services are provided on an “AS IS” and “AS AVAILABLE” basis with all faults, errors or omissions. To the fullest extent permitted by law, Digitize Legal and its officers, directors, employees, agents, shareholders, affiliates, and suppliers (the “Digitize Legal Parties”) expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement and any warranties arising from any course of dealing or course of trade.
Digitize Legal makes no warranty that: (a) the Website, the Services, or the Document Materials will meet your requirements; (b) the Website, the Services, or the Document Materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the Website, the Services, or the Document Materials will be accurate, reliable, complete, or up to date; or (d) the quality of any products, services, information or other material purchased or obtained by you through the Website or the Services, or or in reliance on the Document Materials will meet your expectations or that any errors or omissions will be corrected. Obtaining any materials through the use of the Website or Services is done at your own discretion and at your own risk. Digitize Legal has no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information, or software.
WAIVER OF LIABILITIES
You understand and agree that the Digitize Legal Parties are not liable to you for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (regardless of whether such damages were foreseeable or such Digitize Legal Party has been advised of the possibility of such damages), resulting from: (1) the use of or inability to use the Website, Services, or Document Materials; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or content received or transactions entered into through the Website or Services; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third-party in connection with the Services; or (5) any other matter relating to the Website, the Services, or the Document Materials. In no event shall the Digitize Legal Parties’ total liability to you for all claims arising under or relating to these TOS exceed the greater of the amount paid by you to Digitize Legal in the 12-month period immediately before any such claim arose or US$100.
INDEMNIFICATION
You agree to indemnify and hold the Digitize Legal Parties harmless from any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), due to or arising out of: (a) User Content; (b) your use of the Website, Service or Document Materials; (c) your violation of the TOS; or (d) your violation of any applicable laws; or (e) your violation, infringement, or misappropriation of any rights of a third party. You shall provide the Digitize Legal Parties with prompt written notice of any claim, suit or action for which you must indemnify Digitize Legal. The Digitize Legal Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Digitize Legal Parties in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Digitize Legal Parties.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to these TOS.
You may not assign or delegate any right or obligation under the TOS, by operation of law or otherwise, without the prior written consent of Digitize Legal. Digitize Legal may assign or delegate any right or obligation under the TOS, by operation of law or otherwise, without your consent.
ENTIRE AGREEMENT
The TOS and the Privacy Policy constitute the entire agreement between you and Digitize Legal concerning your use of the Website, Service, and Document Materials, superseding any prior or contemporaneous agreements between you and Digitize Legal with respect to the subject matter hereof.
GOVERNING LAW AND VENUE
The TOS and the relationship between you and Digitize Legal is governed by the laws of the State of California, without regard to conflict of law principles. Each party shall bring any action, proceeding, controversy or claim between arising out of or relating to these TOS in state or federal courts located in Santa Clara County, California. Each party hereby submits to the personal jurisdiction of such courts with respect to such actions, subject to the DISPUTE RESOLUTION provisions below.
DISPUTE RESOLUTION
If you have any disputes with us, you agree that before taking any formal action, you will contact us at support@digitize.legal, provide a brief written description of the dispute, and your contact information. You agree to allow 60 days to pass, during which we will attempt to reach an amicable resolution of any issue. Disputes are limited by the following:
You and Digitize Legal agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you are waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Digitize Legal otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.
Any binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer Related Disputes.
FAILURE TO ENFORCE DOES NOT CONSTITUTE WAIVER OF RIGHTS
The failure of Digitize Legal to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified, or, if necessary, severed to the extent necessary to eliminate its unenforceability.