Terms Of Service
We are are happy to be working with you and your law firm. If you have questions about the following Terms of Service, please call us at 800-713-0161 or email firstname.lastname@example.org.
Use of the LawLytics software, LawLytics Membership and service are subject to the following terms of service.
LawLytics Terms of Service, Effective March 14, 2016.
By using LawLytics, including our infrastructure, control panel, websites, coaching, support and network (collectively referred to as “Service”), which are all services of MarLytics, LLC dba “LawLytics” (“MarLytics” or “we”), you are agreeing to the following terms and conditions (“Terms of Service”).
The internet is constantly evolving, and we are continually working to improve our services to better serve the law firms that entrust their marketing infrastructure to us. As a LawLytics customer, you get the benefit of all upgrades, delivered automatically to your control panel. There is never any need for you to do anything, and you’ll always have the latest version of our software. Because our services continually improve and evolve, we reserve the right to update and change these Terms of Service periodically. Any new features that we add to the current Service will be subject to the Terms of Service. Continued use of the Service after any changes will constitute your consent to the changes. You can review the current version of the Terms of Service at any time by logging into the LawLytics control panel and clicking on the “Terms” link at the bottom. The effective date of the Terms of Service is always listed at the top.
Law Firms Only. We choose to work exclusively with law firms. In order to join LawLytics you must be a member of a Law Firm.
Pricing Overview. We pride ourselves on providing a valuable service at a fair price. We charge a monthly membership fee of $200 per website, plus a one-time $1,200 per website setup fee. When you sign up, you will immediately be charged the setup fee, and then our system automatically bills you for your membership fee on a monthly basis thereafter. Your membership is month-to-month and you may discontinue service at any time without penalty or further obligation.
The One-Time Setup Fee. The setup fee includes styling a LawLytics website layout, as well as the entry and styling of any content that you provide to us during the setup phase. We will also create a logo for you, if requested, from our inventory of template-based logos. The setup fee also includes optionally migrating the content from an existing site into the LawLytics system, and includes importing up to 50 pages of an existing website for you. Beyond the first 50 pages, you will be charged $3 per page for imports that we do for you. Any potential import charges are subject to your approval. Once approved, the one-time import fee will be added to your first regular monthly payment.
The Membership Subscription Fee. The monthly membership fee is $200 per month per website. Each month is paid in advance for the month to come. Payment of the membership subscription is not dependent on the launch of your website or websites. You will be billed automatically by our system on the same day each month, corresponding to the day of the month you signed up. For example, if you sign up on November 7th, you’ll be billed your membership fee every month on the 7th. Your monthly membership entitles you to unlimited use of the LawLytics system, including the ability to add unlimited users, pages, blog posts, attorneys, case results, recommendations, maps, images, videos and documents to your website. We also take care of hosting, security and backups for you. Whenever you want to discuss strategy, your membership entitles you to consult with us. We’re here to help you achieve your firm’s potential. We also help you with design changes as needed. In short, your monthly membership provides you with all the infrastructure, support and expertise necessary for you to continuously grow your marketing and without proportionally expanding overhead and without spending your valuable time on technical details.
Payments. Our system requires a valid credit card to complete the sign-up process. Our system will bill you for your monthly membership subscription fee on the regularly scheduled day each month, and will email you to notify you of successful payment. If the credit card doesn’t work, the system will send you an email message, with a link to update your card. It will then try again every 5 days for 15 days, notifying you each time the card is declined. If your account is not paid by the attempt on the 15th day after payment is due, our system will automatically send you an email notifying you that your account is temporarily suspended, and will temporarily suspend your account. In the event that this happens, your account can be immediately reactivated by entering a valid credit card number. None of your data will be lost. We will work with you to avoid any service interruptions due to credit card issues, and may, at our discretion, extend the time to pay for up to one month. If you need extra time to pay in any given month, please let us know by emailing email@example.com upon receipt of the first declined card notice.
Upgrading or Downgrading Plans. With LawLytics, you can have 1 website or many. You may upgrade by adding a website any time during the month, and you won’t be charged the monthly fee for the additional site until your next regular billing day. You will, however, be charged the setup fees for the new site(s) immediately. If you downgrade by removing a site, you simply will not be billed again for that site. So, for example, if you had 2 sites and were billed $400 on April 7th, and then decided to consolidate your two sites into one on April 25th, your next charge, on May 7th, would be reflective of one site.
Canceling Your Membership. Your LawLytics membership is month to month (unless you have arranged to pay for services in advance), and you can cancel at any time without penalty. To cancel, send an email to firstname.lastname@example.org stating that you would like to cancel your account at the end of the current billing cycle. We will then follow up with you with a phone call to confirm your request. Your account will officially go offline on the next billing date and you will not be billed again unless you reactivate your account in the future. We realize that law firms may cancel their service for a variety or reasons and may wish to return in the future. For that reason, if you cancel your account, we will preserve your data as you left it, for a period of two years. Your account may be resumed at any time. To reactivate a closed account, call us or email your request to email@example.com. There is a one-time account reactivation fee of $500 each time an account is reactivated. If you chose to move away from the LawLytics platform, you may take all of your content with you, all images from your site that you own, and any logo that we created for you. You may not use any of the code that powers or structures your website within the LawLytics system outside of LawLytics, as that code remains proprietary and the intellectual property of LawLytics.
Unlimited Users.You may have an unlimited number of users on your LawLytics account. You may limit users to certain areas of your account. For example, you may limit a summer associate to just blogging and prevent access to modify your website or view your leads.
Responsibility for Content. You (the primary account holder) are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to whom you have given access to your account). It is a good idea to periodically audit the content on your site(s) to make sure that it is appropriate and ethics-compliant. You are responsible for assuring that all content authored by users on your account complies with relevant advertising provisions of your jurisdictions’ regulations. In short, you agree to review all materials posted on your firm’s websites and blogs and assume full responsibility for all content.
The Setup Process. The setup process is dependent on your cooperation and your collaboration, and the time estimates below presume that you are able to answer our questions by returning phone calls or emails within one business day, your timely design approval, and on you having the login information for the registrar account in which your domain name resides (which is necessary to make your website “go live” on the internet). There are two ways to start a site with LawLytics. We can build a brand new site for you, or we can import the content of an existing website into the LawLytics system. Either way, we pride ourselves in being able to deliver a high quality website quickly. Brand new sites can be built and launched within 10 business days of registration assuming the timeliness of your responses and your satisfaction with presented designs. Existing sites can be built, the content imported and launched within one calendar month from the date you register (assuming the timeliness of your responses and satisfaction with presented designs), unless the total number of imported pages exceeds 1,000, in which case the import will be done as quickly as possible (we will give you a not-to-exceed time estimate for sites of more than 1,000 pages registration).
Let’s Keep It Legal. We know we’re probably preaching to the choir here, but you may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Please Don’t Steal, Borrow or Plagiarize. We have a strict policy against posting scraped, stolen or protected materials unless you own the copyright or have the express permission of the copyright holder. You avow that any pictures, video and audio you post are yours to use (be very careful of posting images that you’re not sure about, especially images that may have come from stock photo companies).You agree to indemnify us, defend us and hold us harmless against claims and damages from any breach or alleged breach of copyright, trademark, patent, etc resulting from actual or alleged misuse (intentional or inadvertent) of prohibited or protected materials. This includes any content that we either import into your site for you at your request, or that we assist you in importing at your request. If we are importing an existing site for you, you avow that all images on the site are yours to use and understand that we may import any and all images on your existing site unless we receive written notice from you, prior to importing the site, that specifies images that should not be imported.
Civility. No scammers, spammers, porno, gambling or malware are allowed on the LawLytics platform. This is to protect you and your law firm. We reserve the right to remove any material that is offensive or illegal, including but not limited to pornography, gratuitously violent images, hate words, “fighting words” used for the purpose of inciting hate or violence, etc, but we have no affirmative obligation to do so. We are not responsible for policing your firm’s content, which remains your sole responsibility.
Outside Vendors. Sometimes outside vendors may peddle things they represent to be “SEO” services, but that can really harm sites. We want to protect you from this. Therefore we prohibit the use of tactics including link farms, link schemes, link prisms and all other forms of linking that are designed to trick or game the search engines in order to gain ranking. While you may have outside vendors work on your LawLytics site, doing so can be counterproductive. At your request we will review any proposals for legitimacy, safety and value to help protect you and your investment in your law firm’s marketing infrastructure. We are not responsible for any harm that third-party vendors may cause to your web presence.
Domain Name Registration. It’s important to us that you own and control your own domain name. We have no claim of ownership of your domain, and we strongly encourage you to make sure that your domain name is registered in a registrar account that you own and control. If you need help understanding this and making sure it’s done correctly, we’ll help you get this squared away during the setup phase of your membership. You are responsible for the cost of registering and renewing domain names you use with your LawLytics account. This is typically $10-15 per year paid to a registrar like GoDaddy for traditional top level domains like .com, .net, .info etc, and more for legal specific domains like .attorney, .lawyer and .law. You must register your own domain with an outside registrar, and pay the registration and renewal fees independently of LawLytics (if you need help doing this, we’ll walk you through and make sure you get set up right). We are not responsible for the management or security of your registrar account(s), nor the renewal of your domain names. We suggest that you set your registrar to automatically renew your domain names so that they never accidentally expire, and make sure that your registrar password is secure and not shared with anybody. If you have a previous webmaster who has accessed your registrar account, we strongly encourage you to change you password and lock transfer of your domain.
DNS Service. We provide a truly superlative DNS service to our members. When your domain is pointed to LawLytics, you can make use of our DNS service, which includes complete MX, Cname and A record hosting. (You don’t need to understand the technicalities of how DNS management works, just that it’s necessary to the health of your website and email, and that we’ll handle it all for you). If you’d rather not use our DNS service, you may also use your registrar’s DNS, or any other outside DNS provider. LawLytics uses a 3rd party DNS provider, “DynEct.” This service was chosen for its stability and security. Research its stellar record for uptime and compare it to any other provider and you’ll see why. However, we can’t control what DynEct does, nor what villains and pranksters on the internet might do to DynEct. Since it’s out of our control, we are not responsible for any downtime or undelivered emails caused by any failure of DynEct. If you choose to use our DNS service through DynEct, we do support slave DNS providers if you want extra protection against outages, DDoS attacks, etc. If you want to add a slave DNS provider, it is your responsibility to arrange it.
Email Service. Our DNS provider supports all email services. While we highly recommend that you use Google Apps because of ease of use, reliability, and low price point ($5 per email account per month), you may choose any email service provider you wish, and you may change providers at any time. If you use our DNS service, you will need to let us know which email service you are using, so we can ensure proper routing of your email (don’t worry, we’ll take care of the details for you). And if you ever change email providers, it is your responsibility to let us know when you want to make the switch, so we can help you. If we are providing you DNS services and you switch email services without letting us know, your email will be rendered undeliverable, so please keep us advised of your plans.
Sensitive Client Information. The internet is not a secure place. Contact forms, potential client tracking templates and emails are not sufficiently secure for the transmission of confidential or sensitive client information. We are not responsible for any interception, dissemination or any other breach of confidential client information transmitted using any feature in LawLytics, including but not limited to Forms, Social Media, the LawLytics Network, and the LawLytics blogging and site creation features. You agree to take full responsibility for adding disclaimers and warnings to any form that may encourage the transmission of confidential information, and indemnify and hold harmless MarLytics and its vendors and partners against any real or alleged damages resulting from the use of LawLytics in regards to client information.
Modifications to the Service and Prices. We reserve the right to modify or discontinue, temporarily or permanently, any of our services. Prices of all Services, including but not limited to monthly subscription plan fees, are subject to change upon 90 days notice from us. Such notice may be provided at any time by posting the changes to the LawLytics Control panel. We also reserve the right to, without notice, charge any sales, service, excise or any and every other form of tax, tariff, fee or other method of payment lawfully demanded by the government of the United States, the State of Arizona, or any other relevant authority. You agree that any such tax is your responsibility. We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership. All content posted on the LawLytics Network, and to LawLytics powered websites and blogs must comply with U.S. copyright law. We reserve the right to remove any content that is in violation of the DMCA or other Federal, State or Local copyright laws, but have no affirmative obligation to police your content for compliance. If a complaint of alleged copyright violation is received, we will immediately contact you and give you an opportunity to respond before taking action. A failure to timely respond to such notice will be deemed to be your consent to remove the materials in question. We claim no intellectual property rights over the material you provide, including your posts, articles, endorsements, comments and media. Your profile and materials uploaded remain yours. However, by setting your LawLytics sites and blogs to be shared publicly, and by being a member of the LawLytics Network, you agree to allow others to view and share your Content via social media, email and by any other means. LawLytics does not pre-screen content, and there is no mechanism in place to prevent you from initially publishing anything, however, MarLytics and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
The look and feel of all LawLytics site templates, layouts, widgets and other display elements is copyright MarLytics, LLC. You are granted a limited use license to display these elements on your domain for the duration of your membership with LawLytics. You are also granted a limited use license for any stock images provided to you for use on your LawLytics site(s) for the duration of your LawLytics membership. All limited use materials must be surrendered upon termination of your account and cannot be reused or reproduced elsewhere without the express written consent of MarLytics, LLC. The name LawLytics and the LawLytics logo are registered trademarks of MarLytics, LLC.
Support, Training, Strategy and Education. Membership entitles all attorneys and employees of your law firm to unlimited use of all LawLytics training and educational materials. Membership also entitles one person from your firm, who you designate as your “power user,” to unlimited one-on-one technical support. Your “power user” must be an attorney or employee of your law firm. That user is expected to be the liaison between your firm and LawLytics, and should be equipped to assist other users in your law firm with LawLytics related questions, and who is empowered fully by your firm to act on your firm’s behalf with us, including making all design, style and account decisions. You may have an unlimited number of additional employees or members of your law firm, as well as outside consultants, on any support call, training or strategy session that also includes the presence of your designated power user.
We may, at our discretion, provide support for 3rd party vendors (examples include but are not limited to pay per click advertising, registrars, and email vendors), but are not obligated to provide ongoing support for software and services that you buy elsewhere. For example, we may help guide you through the setup of Google Apps, Google Analytics, Google Adwords, live chat software, payment systems, remarketing software, and other services that can be integrated with LawLytics, but we are not responsible for troubleshooting other vendor’s software or services. Account level changes must be authorized, in writing, by the primary account holder, and, for your protection, we require express permission before discussing your account with anyone outside your firm. Live support is available during designated business hours. LawLytics reserves the right to refuse to work with any outside vendor who is not an employee of your law firm.
Design and Customization Services. All LawLytics sites come with setup design support. This means that we will configure your site using a pre-existing layout and style it for you. You will have more than 20 layouts to choose from, and these layouts have thousands of possible design variations to enable sites to get the benefit of our structured system while maintaining a distinctive look and feel for your law firm. The service also comes with one optional template-based logo design per website, where you can choose from our inventory of logos and we will modify the colors and text for your firm. We have not agreed to provide you with custom design services unless a separate agreement exists specifying otherwise. By joining LawLytics, you accept that there are limitations imposed by the functionality of the software that make some design or display elements fall under the category of custom design. If there are design or display elements that we cannot accommodate, your sole remedy is cancellation of your service. All LawLytics website layout designs are responsive (the modern standard for mobile compatibility) and built with the mobile user in mind. We purposely limit our design options to what we know works. In other words, when you join LawLytics, you are getting the benefit of our design data and expertise, and will be guided into style choices that we believe work well and are in your best interest.
How Our Service Works. We are not an advertising or marketing agency, and do not promise or take responsibility for achieving any particular level of new business for your firm. You understand that advice and practices in terms of how web pages are presented and coded varies, and that much of it is based on the opinions of those providing (or trying to sell) the service or advice. We agree to use best practices based on our opinions as to what is optimal. If you believe that any of our practices or advice are not optimal for you, your remedies are to not follow our advice and/or discontinue your service.
We don’t claim to be able to exert any special influence over the search engines. Acceptable search engine optimization (SEO) practices have evolved and have changed rapidly over the past decade (and will continue to do so). Therefore, a common, objective and quantifiable framework for SEO deliverables is impossible to define, and we make no specific promises of SEO activities or results. We will however, guide your firm to use best practices to attract clients through search engines in a sustainable way that we believe is relevant to the generation of the best long-term ROI. We follow Google’s Webmaster Guidelines and we help and encourage you to do the same. We will also help you parse what outside SEO vendors are trying to sell you, and, as a courtesy to you, review any reports and proposals they provide you. This can help you understand their true utility and help you avoid making the costly mistakes.
Producing this content is your responsibility, unless you hire us to create the content for you (requires a separately signed agreement). We provide a range of short and long-term content creation options that, as a LawLytics Member, you can participate in as your firm’s marketing grows and your needs evolve. See “Add-on Services” below.
Your basic membership of $200 per month per website does not include any content creation. You understand that in order for LawLytics to work optimally for your firm you will need to supply content to your website(s) on a regular basis, and the more frequently you participate by adding high quality content, the more likely you are to succeed.
Once your site(s) is/are launched, you will be responsible for entering your own content (unless you enter into a separate agreement with us to create content for you, in which case we will enter any content that we create for you into your site).
LawLytics provides analytics within your control panel that show you various metrics including visits to your website. We do not warrant the accuracy of the analytics, nor guarantee that they will produce the same numbers as other services. Upon request, we will also integrate Google Analytics into each of your LawLytics websites. Google Analytics is a free service that provides reporting on a variety of metrics, and is quite robust. You will have complete access to your data at all times.
Add-on Services. In addition to the membership described above, we offer additional strategic services. As a LawLytics member, you have the ability to hire us to create some or all of the content for your website and blog, and to have us blog regularly for you. We can also provide detailed content planning services to help you develop very specific long term strategies, goals and a roadmap to get there. If you are curious about additional services, or get busy with your practice and don’t have time to participate in your marketing any more, let us know at any time and we will help you determine what add-on services would best benefit your firm. All add-on services are custom-tailored to your firm’s needs, and require a separate agreement.
Use Of Our Software and Infrastructure. You understand that we use third party vendors and partners to provide the necessary hardware, networking, storage, and related technology required to run the Service. Our service is built on Amazon’s Cloud Infrastructure, and we use Heroku (a Salesforce.com company) as well as DynEct to provide other essential pieces of our state-of-the-art cloud infrastructure. We reserve the right to change, modify or add to our software infrastructure at any time. You may not remove the LawLytics footer branding from your site(s), nor cause another person to remove it without our permission. You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission. You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may not upload, post, host, or transmit unsolicited email that violates CANSPAM, SMSs, or “spam” messages, worms, viruses or any malicious or predatory code using our infrastructure.
General Conditions. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You agree that we are not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. These Terms of Service constitutes the entire agreement between you and MarLytics and govern your use of the Service, and, when conflicting, supersede any prior agreements between you and MarLytics (including, but not limited to, any prior versions of the Terms of Service). Any agreements for Add-on services will be read in conjunction with the version of these Terms of Service unless otherwise stated in that agreement.
Any dispute or disagreement arising between the parties shall be resolved by binding arbitration in Pima County, Arizona. The laws of the State of Arizona shall govern such arbitration. Should litigation be necessary, the parties agree that the exclusive jurisdiction and venue will be in the Superior Court of Pima County, State of Arizona, and that Arizona law will be used.