1. BINDING AGREEMENT. Use of LSData is governed by these Terms and Conditions ("Terms"). By using LSData, you agree to be bound by these Terms, and you may not use LSData unless you have accepted the Terms. Your acceptance of the Terms creates a binding legal agreement between you and Harvest Collective Inc. ("we" or "us"). Please read these Terms carefully.
2. ASSUMPTION OF RISK. You assume any and all risks of using LSData, and under no circumstances will we be liable for any outcome resulting from your use of LSData. We hold absolutely no liability for any errors or inaccuracies in our presentation of statistics or any other materials, and you are solely responsible for the content of your law school applications and course work.
3. INTELLECTUAL PROPERTY.
   1. All material that you share, upload, publish, or display to others, via the LSD platform is referred to collectively as “Your Content.” By submitting, posting, or displaying Your Content on LSD, you grant LSD a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers) license to use Your Content in any way.
   2. If you post defamatory statements to the Platform, persons harmed by those statements may sue you and seek damages. Company will not be held liable for your statements that are defamatory or otherwise legally actionable.
   3. Compliance with Law. You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with your content.
   4. Copyrighted Materials; Copyright Notice. All content and other materials available through the LSD platform are owned by the Company. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
   5. If you believe content located on or linked to by the Service violates your copyright, please immediately notify the Company by email.
   6. The use of any materials accessed on LSD for business gain is prohibited without the explicit written permission from the Company. Violation of this prohibition may result in civil suit and a share with the Company of any sales that resulted from the use of any LSData materials.

4. TERMINATION. 
   1. We may terminate your access to LSData, and take any reasonable action to keep you from accessing the LSData platform, for any reason without notice or warning.
   2. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by deleting your LSD account.

5. EFFECT OF TERMINATION.
   1. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, Company may, but has no obligation to, in Company’s sole discretion, rescind any services and/or delete from Company’s systems all your Personal Information and any other files or information that you made available to Company or that otherwise relate to your use of the Service. Upon termination, you shall stop any use of the Service.

6. ELIGIBILITY.
   1. By accessing and/or using the Service, you represent and warrant that you: (1) are at least 18 years old; (2) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; Accounts are for a single user. Any multiple-party use is prohibited without written permission from the Company. For example, sharing a login between individual users is prohibited. Violation of this can result in loss of account access without refund.
   2. No Use of Service for the Benefit of a Competitor. By using or accessing the Service, you represent and warrant that you are not utilizing the platform for the benefit of any competitor of LSData. A competitor is a person or organization engaged in a similar line of business to any in which LSData regularly engages. Organizations that fall under the definition of competition can receive permission to use the Service through written permission from the Company.

7. DISCLAIMER OF WARRANTY. LSData is provided "as is" to the maximum extent permitted by applicable law. We expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. We specifically do not represent or warrant that LSData will meet your requirements, will be accurate or reliable, and will be error free. No information or advice, whether oral or written, given by us, shall create any warranty not expressly provided in the terms.
8. ACCOUNT SECURITY. You will be asked to provide a username, password, and possibly other information to secure your Account. You may access your Account solely for your own use. You are entirely responsible for maintaining the confidentiality of your Account's security information, including your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify the Company immediately of any unauthorized use of your Account. Company shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.
9. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM THE COMPANY AND FEEDBACK. By registering for the Service and providing your information through the Service, you expressly consent to receive electronic and other communications from the Company. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to support@lsd.law.
10. FEES
    1. Automatic Billing. The Company will bill your LSD+ access subscription fees automatically to the payment method you designate when signing up.
    2. Automatic Renewal. Your Subscription will renew automatically at the end of its term, unless you cancel your Subscription.  
    3. Cancellation.
       1. How to Cancel. To cancel your SaaS subscription, navigate to https://www.lsd.law/lounge, then click on ‘manage subscription’ at the top bar. You will be redirected to a Stripe page. Enter your LSData email address and follow the Stripe instructions to cancel or change your membership. Once canceled, your membership will not renew and you will maintain access until the end of your current billing cycle.
       2. Effect of Cancellation. The Company will not bill you further, and will not refund you for any remainder of that term. The Company will terminate your access to the LSD+ subscription at the end of your billing term.
       3. Website Terms Still Apply. These Terms of Service and the Privacy Policy still apply, in full, after your SaaS subscription ends.
    4. Reserved Rights for Company’s Fees. Company reserves the right, in its sole discretion, to change the fees and charges in effect, or to add new fees and charges, by posting such changes or providing notice to you. All fees and charges are nonrefundable, and there are no refunds, nor are there credits for partially used subscription periods.
       1. Company’s decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including collecting regularly recurring fees from you, shall not affect Company’s later ability to exercise those rights or to require performance at any later time. Company’s waiver of your breach shall not constitute a waiver of any later breach by you, or by any other user of the Service. By using the Service, you authorize Company or its payment processor to charge Company’s fees to the payment method you provide, in addition to applicable sales and other taxes.

11. PROHIBITED USES. Company imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited:
    1. harassing or stalking any person, or contacting any person who has requested not to be contacted;
    2. providing false, misleading, or inaccurate information to Company or to any other person in connection with the Service;
    3. impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
    4. modifying any advertisement posted through the Service;
    5. harvesting or otherwise collecting identifying information about users, including email addresses and phone numbers;
    6. without express written permission from Company, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information or content from the Service for any use, including without limitation use on Third Party Websites;
    7. accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
    8. attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization;
    9. interfering or attempting to interfere with the use of the Service by any other user, computer, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities;
    10. using the Service to send unsolicited email, including without limitation promotions or advertisements for products or services;
    11. forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
    12. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable;
    13. selling, sublicensing, distributing, displaying, storing, or transferring content and/or other materials available through the Service, including, without limitation, case briefs
    14. any other use that could be considered detrimental to the operations or reputation of LSData.

12. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, The Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to any academic impact or admissions impact) that may arise from the use of LSData. We shall not be liable for such damages whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
13. INDEMNITY BY YOU. Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless The Company and the Company Parties (collectively, the “Indemnitees”) from and against any and all Claims, including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to the Company. Without limitation, the Indemnitor also agrees to compensate Company for any and all lost revenues, future lost profits, reasonable search costs, and any other reasonable expenses resulting from any Indemnitor violation of Prohibited Uses Section
14. DISPUTE RESOLUTION.
    1. Binding Arbitration. Any Claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by a professional arbitrator selected by the Company.
    2. Frivolous Claims. If the arbitrator or a Court of Competent Jurisdiction finds that the substance of a Claim or the relief sought is frivolous, or that a Claim is brought for an improper purpose (as measured by the standards of Rule 11(b) of the Federal Rules of Civil Procedure and related case law), then the party bringing that Claim shall pay all arbitrator fees, attorneys’ fees, and costs related to that Claim.

15. NOTICES. All notices required or permitted to be given under this Agreement must be in via email. The Company shall give any notice by email. You agree that any notice received from the Company electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Company is accurate and current, and notice to you shall be deemed effective upon the sending by Company of an email to that address. You shall give any notice to the Company by email to support@LSD.law.
16. GENERAL. The Terms will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the courts located within Massachusetts to resolve any legal matter arising from the Terms or your use of LSData. The Terms are the whole agreement between you and us and supersedes any prior communications or agreements. If any provision of the Terms is held invalid, such provision will be removed and the remaining provisions will continue to be valid and enforceable. Our failure to enforce any right or remedy arising out of the Terms will not constitute a waiver of such right or remedy.

Changelog

March 8, 2019 - Initial commit.

March 29, 2023 - Major overhaul for LSD+.