Terms of Service
Date: December 16, 2020
Please carefully read these Terms of Service ("Terms") before accessing and using the www.1-joule.com website and associated pages ("Website"); applications, including our proprietary legal citation application ex.CITE, together with any updates and upgrades thereto (collectively, "Applications"); our helpdesk services and any other services specified in any subscription or order(s) relating to your account (collectively, "our Services" or "Services") created, owned, and/or provided by One Joule LLC ("One Joule" or "us").

These Terms, along with any subscription agreements relating to our Services ("Subscription") executed by you, whether personally or on behalf of an entity ("you" or "Customer"), or accepted by you via email or online at the time of registration or otherwise, and any other conditions incorporated into these Terms by reference, including our Privacy Policy, or any other terms incorporated into any Subscription, constitute a legally binding agreement ("Agreement") between you and One Joule (collectively, "Parties").

Acceptance of these Terms.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By executing or accepting any Subscription, clicking the "I agree" or "Submit" buttons as part of the registration process for the Services, and/or by using any of our Services, with or without a registration, you agree to these Terms. By accepting and/or executing these Terms on behalf of an entity, you represent and warrant that you have read and have the full legal authority to represent and bind such entity to these Terms. IF YOU DO NOT HAVE SUCH LEGAL AUTHORITY, OR YOU DO NOT AGREE WITH THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

If you are using our Services during a trial period, your use of the Services during that period is governed by these Terms. Should you continue using our Services after the conclusion of the trial period without a fully executed Subscription between One Joule and you or the entity you represent, you understand that these Terms will govern your ongoing use of and access to our Services.

Authorized Use by Individuals Older than Eighteen Years.

The Services are intended for access and use by individuals who at least eighteen (18) years old. By accessing or using any of our Services, you warrant and represent that you are at least eighteen (18) years old and have the full authority, right, and capacity to agree to and abide by these Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access to and use of our Services.

No Attorney-Client Relationship.

The content available through our Services does not constitute legal advice, and no attorney-client relationship is formed.

Your Account.

To access our Services, you may be asked to provide certain registration information to create your account ("One Joule Account"), including your Customer ID and password. You are responsible for the safety and confidentiality of your registration credentials, including your Customer ID and password, as well as any activities under your One Joule Account. You represent and warrant that all the information you provide to us either via Website, Applications or through your One Joule Account at the time of registration and at any time thereafter is accurate, current, and complete. By providing us with your email address, you agree to keep your email address and other contact information current and receive all required notices electronically to that email address.

You may not authorize any third party to access or use your One Joule Account on your behalf. You must immediately notify us of any unauthorized use of your One Joule Account and other security breach. We will not be liable for any loss that may occur as a result of someone else using your Customer ID or password, with or without your knowledge. Particular caution is required when accessing your One Joule Account from a public or shared computer.

Changes to these Terms.

One Joule may update these Terms and the content of our Services from time to time by posting the revised Terms and/or the Agreement on our Website and/or by providing written notice of such amendment via email to the current contact email address that you provide at the time of registration. Any revised Terms and/or the Agreement will take effect from the date of posting or notice to the Customer, unless otherwise specified in such posting or notice.

Please check our Website frequently for any updates and revisions. The Customer's continued use of the Services shall be deemed to constitute the Customer's acceptance of any revised Terms and Agreement.

Accessing our Services.

We reserve the right to withdraw or amend our Services at our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entirety of our Services to Customers, including registered Customers.

Intellectual Property Rights.

One Joule retains all rights, titles and interests (including, but not limited to, intellectual property rights) in and to the Services, the Applications, and other technology used by One Joule in providing the Services ("One Joule's Technology"), any collective ideas, know-how, inventions, methods, or techniques developed or conceived as a result of providing the Services, including any derivative works, improvements, enhancements and/or extensions made to the Services and any information reflecting access or use of the Applications by you or any Customer.

One Joule grants you a limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable worldwide license to access and use the Services solely for your internal business purposes in accordance with these Terms and subject to limitations provided in any Subscription to One Joule's Services. You grant One Joule a non-exclusive license to generate usage data that does not identify or reasonably permit the identification of your information.

One Joule's marks, designs, slogans, names and logos, as well as any related names and logos of One Joule's products and services, are the property of One Joule and/or its affiliates or licensors. You must not use such marks, designs, slogans, names and logos without the prior written permission of One Joule.

Reporting Claims of Copyright Infringement.

If you believe that any copyrighted material owned by you has been infringed upon by someone using our Services, you may request removal of those materials from our Services by submitting written notification to legal@1-joule.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 USC § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website or in the Applications;
4. Your name, address, telephone number and email address;
5. A statement by you that you have a good‑faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Be aware that if you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity of our Services is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of customers who are infringers.

Prohibited Uses.

You may use our Services only for lawful purposes and in accordance with these Terms and the Agreement. You represent, warrant, and covenant on behalf of yourself and/or the legal entity you represent that you will not directly or indirectly: (i) use, or permit the use of, the Services for illegal, fraudulent, or unethical purposes or otherwise in a manner that could give rise to civil or criminal liability, including unauthorized monitoring or copying any of the material provided through our Services; (ii) interfere with or impede the ability of others to use the Services, (iii) impersonate or attempt to impersonate One Joule or any other person or entity; (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services or any server, computer, or database connected to our Services; (v) reverse engineer, disassemble, or otherwise infringe upon underlying intellectual property of One Joule or its affiliates; (vi) access or use the Services if you are a direct competitor of One Joule or for any competitive purposes; or (v) otherwise attempt to interfere with the proper working of our Services.

One Joule reserves the right to take any action, including termination or suspension of your access to all or part of our Services, with respect to any Customer that we deem necessary or appropriate at our sole discretion, including if we believe that such customer violates these Terms or the Agreement, infringes upon any intellectual property right or other rights of any person or entity, threatens the personal safety of users of our Services or the public, or could create liability for One Joule. We have the right to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of our Services.

Termination.

These Terms remain in full force and effect while you have access to or use our Services, unless and until One Joule or you terminate these Terms. We may terminate your account and/or restrict your access to our Services at any time by giving you a notice of termination via email to the contact email address that you provide at the time of registration or by posting such notice on our Website, unless a different termination procedure is specified in the Subscription to our Services executed by you and One Joule. If you wish to terminate your One Joule Account at any time, you may contact us and request deactivation of your account at info@1-joule.com, unless a different termination procedure is specified in the Subscription to our Services executed by you and One Joule.

The following provisions will survive any termination of these Terms and the Agreement: "Intellectual Property Rights" (except as expressly provided therein); "Representations and Warranties; Disclaimer", "Liability", and "Miscellaneous Provisions".

Links from our Services.

Where our Services contain links to other sites, including without limitation www.jusmundi.com, and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or other resources linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and other resources.

Customers Outside the US.

One Joule controls and operates its Services from the United States and is subject to its laws. If you choose to access our Services outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.

Representations and Warranties; Disclaimer.

Each Party represents and warrants that these Terms constitute a valid and binding obligation and are enforceable against it in accordance with these Terms. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THESE TERMS, ONE JOULE DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, ONE JOULE MAKES NO WARRANTY THAT (I) THE SERVICES, INCLUDING THE ONE JOULE'S TECHNOLOGY, OR DELIVERABLES PROVIDED HEREUNDER (COLLECTIVELY, THE "MATERIALS") WILL OPERATE IN COMBINATION WITH ANY HARDWARE OR SOFTWARE NOT PROVIDED BY ONE JOULE, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. THE MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL DEFECTS. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY ONE JOULE, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES.

Liability.

EXCEPT FOR DAMAGES ARISING FROM A PARTY'S FRAUD OR WILLFUL MISCONDUCT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS: IN NO EVENT WILL (I) EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUES, DATA LOSS OR USAGE, OR LOSS OF OPPORTUNITIES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) EITHER PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICES, REGARDLESS OF CAUSE OR THEORY OF RECOVERY, EXCEED ONE HUNDRED US DOLLARS (US$100). To the extent any liability of a party cannot be disclaimed, excluded, or limited as aforesaid under applicable law, such liability shall be disclaimed, excluded, and limited to the fullest extent permitted under applicable law.

Miscellaneous Provisions.

1. Assignment.

Neither One Joule nor you may assign these Terms, the Agreement or any Subscription, in whole or in part, without written consent of the other Party, not to be unreasonably withheld; provided, however, that One Joule may assign these Terms, the Agreement or any Subscription without Customer's consent to any entity that acquires all or substantially all of the business or assets of One Joule related to the Services, whether by merger, reorganization, acquisition, sale, operation of law, change in control or otherwise. Any assignment made in conflict with this provision shall be void. These Terms, the Agreement or any Subscription are binding upon and will inure to the benefits of each of the Parties and their respective successors and assigns. Nothing in these Terms is intended or shall be construed to give any person, other than the Parties hereto, their successors and permitted assigns, any legal or equitable right, remedy, or claim under or in respect of these Terms.

2. Waiver.

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right unless expressly acknowledged and agreed to by both Parties in writing. A waiver of rights under these Terms will not be effective unless it is in writing and signed by an authorized representative of the Party that is waiving the rights. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a Party at law or in equity.

3. Severability.

If any provision of these Terms, or portion thereof, is found to be invalid, unlawful, or unenforceable to any extent, the Parties shall negotiate in good faith amendments to these Terms to reflect the original intent of the Parties as closely as possible. Such invalid provision or portion thereof will be severed from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by applicable laws. In the case of any conflict or inconsistency between the provisions of a Subscription and the provisions of these Terms, the provisions of these Terms shall govern, unless the applicable provision in the Subscription or any order(s) is expressly stated to supersede a conflicting provision in these Terms.

4. Force Majeure.

Neither One Joule nor you shall be in default if the failure to perform or delay in performing any obligation under these Terms (other than payment obligations) is caused by Force Majeure.

5. Governing Law and Jurisdiction.

You agree that the Services shall be deemed solely based in New York; and the Services shall be deemed passive ones that do not give rise to personal jurisdiction over One Joule, either specific or general, in jurisdictions other than New York.

This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 USC §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Albany County, New York for any actions for which One Joule retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in these Terms, including any provisional relief required to prevent irreparable harm. You agree that Albany County, New York is the proper forum for any appeals of an arbitration award or trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

6. Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS AN ARBITRATION CLAUSE AND LIMITS THE MANNER IN WHICH RELIEF FROM ONE JOULE MAY BE SOUGHT.

For any dispute with One Joule, you agree to first contact us at info@1-joule.com and attempt to resolve the dispute with us informally and amicably for sixty (60) days. If the dispute is not resolved within sixty (60) days informally, the Parties agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York County, New York, unless you and One Joule agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes:

i. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS;

ii. the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and

iii. you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing One Joule from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.

7. Class Action/Jury Trial Waiver.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND ONE JOULE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.


Our Services are provided and operated by One Joule LLC located at 132 West 31st Street, 9th Floor, New York, NY, USA 10001.

All communications relating to the Services should be directed to info@1-joule.com.