We are pleased that you have decided to use LeaveSuite VIA JL through Jackson Lewis P.C. (herein "the Firm"). This product is licensed to you on a non-exclusive basis for your use and is subject to the Firms Terms of Use, and Privacy Policy. The license granted to you is not transferrable. LeaveSuite is intended and offered to you as an aid to your consultation with outside legal counsel or in-house legal staff and experienced HR professionals. We are not providing you with legal, accounting or other professional advice or making recommendations regarding legal rights, duties, defenses or strategies. Statutes, rules, regulations, administrative agency interpretations and case law change and vary from court to court, agency to agency, state to state and jurisdiction to jurisdiction. Your use of the LeaveSuite is not intended as, and should not be used as a substitute for, legal advice on any particular matter or factual situation. Accordingly, a user of the LeaveSuite should consult legal counsel before making decisions to take or refrain from taking any actions based only on the information contained in the Surveys.
The attorney/client privilege and attorney work product privilege are important evidentiary protections. They may not be available to you for the information you input into LeaveSuite or the outputs derived unless the inputs and outputs are for the purposes of obtaining legal advice from your outside counsel or your in-house counsel. The privileges also may be lost if the inputs or outputs are not treated as confidential by you or are provided to or shared with non-lawyers. You should consult legal counsel before using or putting into practice any outputs from the LeaveSuite or sharing any information derived from the use of the tools.
Should you or any other user from your organization with access to LeaveSuite or to any other system, site, or workspace created by the Firm for your use cease to be employed at any time, you must immediately notify the Firm so that the Firm can terminate access to these systems. The Firm shall not be responsible for any unauthorized access by such a former user to such systems due to or resulting from your failure to notify the Firm that their employment has terminated. However, you shall continue to be responsible to the Firm for all access to LeaveSuite until the Firm has received notice that the former user no longer is entitled to access under your license from the Firm.
You may terminate your license for use at any time, with or without cause. We also reserve the right to withdraw your license for use at any time to the fullest extent permitted by the applicable ethical rules. In the event of termination of license for use by either of us, any subscription fees, if applicable, will still be payable.
Following any termination of your license for usage, upon the effective date of termination, the Firm may deny access to you and other users of your organization to LeaveSuite without notice to you or any such person.
Should a claim be received by you related to your use of LeaveSuite, you must take immediate steps to identify, preserve and collect all relevant information and data until the matter is completely resolved. Should such a claim be received by you, you also must immediately notify the Firm so that the Firm can take prompt action to preserve any relevant information that may be in its possession.
These services are dynamic and the form and nature of the tool may change or cease from time to time without notice. Your continued use of LeaveSuite will be contingent on your compliance with all applicable terms and conditions herein and as presented in the tool itself from time to time. Changes will be effective when you opt-in or otherwise proceed to use the updated services, whichever comes first.
You and Jackson Lewis P.C. agree that any dispute between us arising out of, or relating to, your use of LeaveSuite shall be resolved by binding arbitration between the parties. This includes, but is not limited to any claims regarding attorney's fees or costs under this agreement or regarding a claim of attorney malpractice, that is, whether any legal services Jackson Lewis P.C. has rendered, under this agreement or otherwise, were improperly, negligently, or incompetently rendered, or otherwise rendered in breach of a contractual or ethical duty. Arbitration shall be in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules"). The AAA Rules can be found at the AAA's website (https://www.adr.org/sites/default/files/CommercialRules Web.pdf). Please note there are certain advantages and disadvantages when submitting a dispute to an arbitral forum as compared to a judicial forum. In arbitration, the dispute will be submitted to a single arbitrator or a panel of arbitrators presiding over the issues. For purposes of this agreement, a single arbitrator will preside over any arbitration brought pursuant to this provision. In a judicial forum, you would be entitled to a trial before a jury in a courtroom open to the public. The outcome of the arbitration generally will not be appealable and will remain confidential. In comparison, the non-prevailing party in a judicial proceeding has a right to appeal to challenge errors in the trial court and any award or verdict is a matter of public record. If a settlement results from a matter filed in a judicial forum, a confidentiality provision would be a negotiated term of the settlement. In terms of potential costs, the cost of the arbitration, including payment to the arbitrator, shall be shared by the parties, but the arbitrator shall have the right to allocate costs in the final award. With a judicial proceeding, each party bears their respective filing fees and neither pays for the services of the judge. It is also important to note the scope of discovery available in arbitration may be more limited than a judicial forum, which generally has broad discovery. You should review the differences between a dispute in an arbitral and judicial forum and should carefully consider whether arbitration is acceptable to you. If you so desire, you should consult with independent counsel regarding this issue.