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Tabellion Terms of Service


Effective Date: 02/24/2021

IMPORTANT: Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully before using Tabellion. Your use of Tabellion constitutes your acknowledgement of and agreement to follow and be bound by these Terms, and if you do not acknowledge or agree to these Terms, you should not, and are not authorized to, access or use Tabellion. These Terms constitute a binding agreement between you and Autumn Moon Softworks LLC and its affiliates (advertisers, analytics providers, developers, publishers, and any other party with whom Autumn Moon Softworks LLC contracts in order to provide Tabellion) (together, “Autumn Moon Softworks LLC”, “we” or “us”), and govern all use by you of Tabellion, except as may be otherwise noted in these Terms. Supplemental policies, standards and other terms and conditions may apply, in which case these will be made available on the Autumn Moon Softworks LLC web site or, and are incorporated by reference herein.

UPDATES TO THESE TERMS OF SERVICE


We reserve the right to make changes to these Terms from time to time without advance notice and in our sole discretion. When we make changes to these Terms, we will post them on our website. We encourage you to bookmark and review these Terms on a regular basis in the course of using Tabellion.

PERMITTED USES AND USER RESPONSIBILITIES


LAWFUL USE

You understand and agree that Tabellion may be used only for lawful purposes consistent with its intended use and in accordance with these Terms and is available for your use where your use is not prohibited by applicable laws and regulations.

USERS MUST BE A LICENSED ATTORNEY IN THE STATE OF TENNESSEE

Tabellion is intended for users who are licensed attorneys in the state of Tennessee. You are NOT authorized to use Tabellion if you are not a licensed attorney in the state of Tennessee. Autumn Moon Softworks LLC may use information provided by you as well as other means to verify that you are licensed attorney in the state of Tennessee, and we reserve the right to revoke your Tabellion account if such information is not verifiable.

PROHIBITED USES

By using Tabellion you agree not to use the software for any of the following prohibited uses:

Providing any information which is incomplete, false, inaccurate, misleading or not your own;

Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that fails to comply with accepted Internet protocols;

Communicating, transmitting, or otherwise providing material that infringes on or violates any copyright, trademark, or other intellectual property right, or any privacy, publicity, or contract right owned by a third party, unless you are the owner or have the permission of the owner to use it;

Communicating, transmitting, or otherwise providing material that reveals trade secrets, unless you own them or have the permission of the owner;

Communicating, transmitting, or otherwise providing material that constitutes unsolicited, inappropriate, libelous, defamatory, obscene, offensive, threatening or otherwise harassing content;

Communicating, transmitting, or transferring (by any means) information or software derived from Autumn Moon Softworks LLC to foreign countries in violation of any applicable export control laws

Attempting to interfere in any way with Autumn Moon Softworks LLC or our networks or network security (or those of our business partners), or attempting to use Tabellion to gain unauthorized access to any other computer system;

Harassing, threatening, defrauding or “stalking” any other users or any employees or contractors of Autumn Moon Softworks LLC or any of its other affiliates;

Making offers, advertisements or proposals for goods, services or other commercial activities outside of Autumn Moon Softworks LLC;

Using Tabellion for anything other than its intended purpose or in any manner inconsistent with their intended use;

Using Tabellion in violation of applicable laws and regulations, these Terms or any terms and conditions of third party products, services and platforms that are used in conjunction with Tabellion;

Assisting, permitting or encouraging any party in engaging in any of the activities described above.


SECURITY RULES

Violations of computing, system, or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security and integrity of Autumn Moon Softworks LLC, including, without limitation, the following:

Accessing data not intended for you or logging on to our servers or accounts, which you are not authorized to access;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);

Attempting to interfere or interfering with or causing excessive use of the operation of Autumn Moon Softworks LLC, our provision of services to any other users or visitors to our web sites, our hosting provider or our network, including, without limitation, via means of submitting a virus to the web sites or services, overloading, “flooding”, “mailbombing” or “crashing” the web sites or services;

Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to Autumn Moon Softworks LLC;

Deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any code or underlying ideas or algorithms of any part of Tabellion;

Using, developing or distributing any “bot”, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third party software designed to modify or interfere with or provide automated access to or use of Autumn Moon Softworks LLC. Accessing Tabellion through an unauthorized hardware or software interface, including through the use of emulation software;

Assisting, permitting or encouraging any party in engaging in any of the activities described above;

If you create any accounts with us or with third party services for use with Tabellion, you are responsible for maintaining the security of your credentials, password, payment details and other sensitive information for the account, and you agree to pay all fees or charges incurred by such account, including applicable taxes, at the time the applicable fee or charge becomes payable. You are fully liable for all fees and charges made through your account when they are made, all such transactions are final, and there are no refunds, transfers or exchanges.

INTERNATIONAL USE

We control and operate Autumn Moon Softworks LLC from the United States, and process information within the United States. We do not represent that materials available through Autumn Moon Softworks LLC are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of Tabellion. Software may be subject to export controls under the laws and regulations of the United States and other jurisdictions. By visiting, accessing, downloading, installing or otherwise using Tabellion, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations, or listed on any of the United States Government’s lists of prohibited and restricted parties.

PROPRIETARY RIGHTS AND LIMITED LICENSE

No material provided through Autumn Moon Softworks LLC may be copied, reproduced, republished, uploaded, posted, transmitted, broadcast or distributed in any way, except as specifically permitted pursuant to these Terms. Tabellion, including all of its information and contents, such as names, logos, designs, text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages and software (collectively, “Materials and Content”), are Autumn Moon Softworks LLC property or that of our partners or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided in these Terms, by the Software or on the web site, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from Autumn Moon Softworks LLC in whole or in part, for any public or commercial purpose without our specific prior written permission.

LIMITED LICENSE

We grant you a personal, limited, non-exclusive, non-transferable, license (without right to sublicense) to access Tabellion and to use the products and services expressly made available to you therein in accordance with these Terms. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to modify such products and services and to terminate, change, suspend or discontinue any aspect of your Tabellion account or use, including, but not limited to, their Materials and Content as well as features, pricing (including pricing and availability of “digital” or “virtual goods” or “virtual currency”) and/or availability of Tabellion, and we will not be liable to you or to any third party for doing so. We reserve the right to impose and enforce additional rules for and limits on use of Tabellion or restrict your access to part, or all, of Tabellion without notice or penalty, including by terminating any user accounts for engaging in prohibited conduct or otherwise violating these Terms. We have the right to change these rules and/or limitations at any time, in our sole discretion. Your license to use this software is further defined in our Tabellion End User License Agreement (“EULA”) as posted on our web site. By using Tabellion you agree that the EULA constitutes a legally binding agreement between you and Autumn Moon Softwork LLC. The EULA is incorporated by reference into these Terms. The EULA may be reviewed at http://www.autumnmoonsoftworks.com/tabellioneula.

PRIVACY


Notwithstanding anything else to the contrary contained in these Terms, our use of any personally identifiable information you provide via Tabellion will be governed by our Privacy Policy. Our Privacy Policy is incorporated by reference into these Terms. For further information regarding our processing and use of your personal information, please refer to our Privacy Policy, which can be reviewed at http://www.autumnmoonsoftworks.com/tabellionprivacy.

DISCLAIMERS AND LIMITATION OF LIABILITY


DISCLAIMER

You assume all responsibility and risk with respect to your use of Tabellion, which are provided on an “AS IS” and “AS AVAILABLE” basis in all respects. Autumn Moon Softworks LLC disclaims, and you hereby irrevocably waive, all warranties, conditions, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via Tabellion ( including without limitation, all content and materials, functions and services provided on or through Tabellion, all of which are provided without warranty of any kind), including but not limited to any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the Tabellion or its functions or the content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that Tabellion will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through Autumn Moon Softworks LLC will create any warranty not expressly made herein. If you are dissatisfied with Tabellion, your sole remedy is to discontinue its use. Any material downloaded or otherwise obtained through the use of Tabellion is done at your own discretion and risk and you will be solely responsible for any damage that results from the download of any such material.

NO WARRANTIES

We make no warranties of any kind regarding any Materials and Content not owned by Autumn Moon Softworks LLC, including any products or services to which you may be directed, linked or otherwise connected from Autumn Moon Softworks LLC, and you understand and agree that we are not responsible or liable for any such content, information, products or services originating from or provided by a third party, including their availability and functionality. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through Tabellion. For any third party service which you have downloaded and/or are accessing through Tabellion, you understand and agree that: (a) in addition to these Terms between you and us, you are responsible for complying with such service provider’s terms and conditions, which are between you and such service provider, and (b) neither Autumn Moon Softworks LLC nor such service provider is responsible or liable to you for the other’s products and services, including with respect to any product liability, infringement, support, maintenance, functionality or availability of the other’s products and services.

LIMITATION OF LIABILITY

In no event will Autumn Moon Softworks LLC, its affiliates or any of their respective directors, officers, employees, agents, business partners or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of Tabellion or the materials and content or functionality or features on or accessed through Tabellion, as well as any third party products, services, materials or content that may be accessed on or through Tabellion, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature, even if Autumn Moon Softworks LLC or such other parties have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with Tabellion is to cease using Tabellion and cancel any related accounts. Under no circumstances will the total combined liability to you of Autumn Moon Softworks LLC, its affiliates and any of their respective directors, officers, employees, agents, business partners or content or service providers, arising out of or in connection with the use of Tabellion, whether in contract, tort or otherwise, exceed the total amount actually paid by you to Autumn Moon Softworks LLC in the preceding twelve (12) months, if any, to access or use Tabellion. Some jurisdictions do not allow this limitation or exclusion of liability so some of the foregoing limitations may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify and hold Autumn Moon Softworks LLC, together with its affiliates and its and their respective directors, officers, employees, agents, business partners and content and service providers (“Autumn Moon Softworks LLC Third Party Beneficiaries”), harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of Tabellion, your violation of the Terms or the posting or transmission of any materials on or through Tabellion by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right. You agree that the Autumn Moon Softworks LLC Third Party Beneficiaries are express third party beneficiaries of these Terms and have the right (and are deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries.

GENERAL


GOVERNING LAW AND DISPUTES

By use of Tabellion, you agree that these Terms will be governed by, construed and enforced in accordance with the laws of the State of Tennessee and laws of the United States of America applicable in the State of Tennessee, without giving effect to any conflict of law provisions. Any claim or cause of action you may have with respect to us or Autumn Moon Softworks LLC must be commenced within one (1) year after the circumstances giving rise to the claim or cause of action arose and in accordance with these Terms. We may seek injunctive or other appropriate relief against you for any violation of these Terms by filing suit in any state or federal court in the State of Tennessee, and you consent to exclusive jurisdiction and venue in these courts. If you have in any manner violated or threatened to violate any of our intellectual property or other proprietary rights in Materials and Content, you agree that such violation or threatened violation will cause irreparable harm to our business, and you agree not to challenge any application on our part for preliminary or permanent injunctive relief.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us and govern your use of Tabellion, and they supersede any prior agreements between you and us. You also may be subject to additional terms and conditions that are expressly applicable to certain parts of Autumn Moon Softworks LLC, which are incorporated by reference herein, and in the event of any conflict between these Terms of Service and such additional terms and conditions, we will resolve the conflict in our sole discretion. We may terminate this Agreement and deny you access to Tabellion at any time (including by terminating user accounts for Tabellion), immediately and without notice from us or any liability on our part, if in our sole discretion you fail to comply with any provision of these Terms.

RELATIONSHIP OF PARTIES

You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of this Agreement or your use of Tabellion.

WAIVER; SEVERABILITY

Any failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any term, condition or provision in these Terms is ever deemed invalid or unenforceable under the law, it will not affect the enforceability of any other portion of the Terms.

NO ASSIGNMENT

You may not assign the Terms or any of your rights or obligations under the Terms to any other person without our express written consent. The Terms inure to the benefit of our successors, assigns and licensees.

EFFECT OF HEADINGS

The section headings or titles in these Terms are for convenience only and have no legal or contractual effect.

CONTROLLING LANGUAGE

These Terms may be provided in multiple languages as a courtesy, however, the English language version of these Terms will control in the event of any conflict between the meaning of terms in the English version and any version provided in another language.

CONTACT US

To contact us with any questions or concerns in connection with these Terms or Autumn Moon Softworks LLC, or to provide any notice under these Terms to us, please refer to our contact information accessible from http://www.autumnmoonsoftworks.com/contact.

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