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Terms of Use

Last Updated: June 14, 2021

 

Overview

THE TERMS AND CONDITIONS SET FORTH HEREIN (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND DE NOVO, LLC ("DE NOVO", "WE" OR "US"). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT WWW.DENOVOAPP.COM AS WELL AS ALL ASSOCIATED WEBSITES LINKED TO WWW.DENOVOAPP.COM (COLLECTIVELY, THE "SITE"), AND ALL SOFTWARE, SERVICES, OR CONTENT ASSOCIATED WITH THE SITE (COLLECTIVELY, THE "SERVICES"). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO "SITE" INCLUDE THE SERVICES AVAILABLE THROUGH THE SITE. THIS IS A CONTRACT, WHICH MEANS, BY USING THIS SITE OR THE SERVICES, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE AND ANY OF THE SERVICES, OR ANY INFORMATION OR MATERIALS CONTAINED WITHIN THE SITE. 

The words "you," "your," or "user," whether or not capitalized, as used herein, refer to all individuals and/or entities accessing or using the Site or any Services, for any reason. 

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Changes. 

De Novo may make changes to the content and features of the Site and any Services at any time, with or without notice to you. De Novo can change, update, or add or remove provisions of these Terms, at any time by posting updated Terms at http://www.Denovoapp.com/terms-of-use. If we make a material modification to these Terms or the Privacy Policy (as defined below), we will notify you by (1) sending an email to the email address you have provided in your account (if any) or, (2) displaying an announcement on the Site, above the text of the Terms or the Privacy Policy (found at www.denovoapp.com/privacy), as appropriate, for thirty (30) days, after which the notice will be removed. Except as otherwise provided in this paragraph, these Terms may not be amended. By using this Site and/or the Services after De Novo has updated the Terms or Privacy Policy, you are agreeing to the updated terms; if you do not agree with any of the updated terms, you must stop using the Site and the Services. 

 

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Eligibility 

Age. Users must be at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside in order to use the Site and the Services. By using the Site or the Services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms. 

 

Compliance with Law. You also represent that you will use the Site and Services in a manner consistent with any and all applicable laws and regulations. 

Termination. De Novo may terminate these Terms and your use of the Site and Services without notice if we, in our sole discretion, believe that you are less than18 years old, or have otherwise violated the Terms. 

 

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Your Subscription and Use of the Site. 

You agree to use the Site and information therein solely and exclusively in connection with legal recruiting and job searching, networking for professional purposes, legal data reporting and products and services provided to or targeted to the legal profession, including, but not limited to, legal publications and forms, marketing and/or consulting services and goods and services related thereto.

 

For those above purposes, De Novo grants to you, for the duration of your subscription to the Site, a non-exclusive, non-transferable, limited right to access the Services solely for use by you. The contents of the Site, such as text, graphics, images, logos, button icons, software and other materials (collectively, the "Materials"), are protected under both United States and foreign copyright, trademark and other laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of De Novo and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Materials may violate these laws and is strictly prohibited. 

 

You agree that your use of the Site and materials therein will be in compliance with all applicable laws and regulations, and that you will not use, or knowingly allow any other person to use, the Site or materials therein for or in connection with, any illegal purpose or activity.

 

Likewise, you shall comply with the Can-Spam Act, the National Do Not Call Registry, and state privacy laws. You agree that De Novo is not responsible or liable for any violation of these laws.  

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Resale Prohibition. 

Resale, uploading to any service (with the exception of your own CRM, ATS or marketing database), or sharing of or otherwise providing De Novo Services or Materials for any purpose is strictly prohibited. Any violation of this prohibition of data resale allows De Novo the right to immediately terminate your license without refund. You are responsible for reimbursing De Novo for loss or damages resulting from violation of this prohibition, including legal fees. 

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Payment and Billing. 

If payment is being made by credit card, you hereby authorize De Novo, or any third party billing company to charge your credit card for the amounts due and payable for access to the De Novo’s Sites (the “Subscription Fees”). Subscription Fees are exclusive of applicable sales, use, value added tax (VAT) or equivalent, and other taxes, which are Subscriber’s responsibility, unless otherwise required by law. 

 

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Electronic Communications. 

By using the Site and/or the Services, you consent to receiving electronic communications from De Novo. These electronic communications may include information about De Novo’s Services and features of the Site, notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. You agree that any notices, agreements, disclosures or other communications that De Novo, or any of its representatives, sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

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Links to Third Party Sites. 

The Site may be linked to or may link to third party websites and applications that are not operated by De Novo, including, without limitation, the law firms or other employers from whom we gather our data, state bar websites, social networking, and similar websites through which you may be able to connect using the Site (collectively, "Third Party Sites"). Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than De Novo, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy policy, terms and conditions, and/or user guides. You hereby agree to comply with any and all terms and conditions, users’ guides and privacy policies of any of Third Party Sites. De Novo provides links to the Third-Party Sites to you as a convenience. De Novo does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT DE NOVO WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply De Novo’s endorsement or recommendation. 

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Disclaimer of Warranties. 

Your use of the Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by De Novo, and they may include inaccuracies or typographical or other errors. De Novo endeavors to keep its data as current as commercially reasonable, but De Novo does not warrant the accuracy or timeliness of the information contained on its Site. De Novo has no liability for any errors or omissions in the any of the materials or information contained on its Site, whether provided by De Novo or by any other entity or person.

 

DE NOVO, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. DE NOVO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. 

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Limitation of Liability. 

Except as permitted below, your sole and exclusive remedies against De Novo with respect to the Services, Materials and/or data or information provided therein, including any errors, inaccuracies, omissions or delays therein or thereof, shall be limited to the issuing of corrected information as soon as reasonably practicable following receipt of written notice of such problem from you. 

 

If De Novo fails to provide the remedies set forth immediately above, or if De Novo otherwise fails to perform its duties and obligations under these Terms, and you can establish that as a direct result thereof you have incurred any damages, liabilities, losses, fees, costs or expenses, then De Novo’s liability to you for actual damages for any cause whatsoever, during the term of your subscription, whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed in the aggregate the fees that you have paid for the Services/Materials in question during the subscription period in question. IN NO EVENT SHALL DE NOVO, ANY INFORMATION PROVIDER OR ANY OTHER PROVIDER OF SERVICES, DATA AND/OR INFORMATION FOR DE NOVO BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THE SERVICES OR CONTENT, REGARDLESS OF THE FORM OF THE ACTION AND WHETHER SUCH DAMAGES WERE FORESEEN OR UNFORESEEN AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

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Governing Law. 

This Agreement and any action related hereto will be governed by California law. No choice of law rules of any jurisdiction will apply. 

 

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Feedback. 

If you send or transmit any communications, comments, questions, suggestions, or related materials to De Novo, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, any Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and De Novo is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that De Novo is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. 

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Contact Us. 

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@denovoapp.com