1. Parties and acceptance
This Office Subscription Agreement is between NEXGEN Solutions, LLC ("NEXGEN") and the prosecutor's office named when it was accepted (the "Office"). The Office names one person who speaks for it and is authorized to bind it (the "Signatory"). The Signatory accepts this agreement on the Office's behalf. The date, time, name and title of the Signatory and the Footprint of the version accepted, a code that identifies its exact text, are recorded. Each person the Office invites accepts the Terms of Use for their own access only. If the Office has signed a separate written contract or issued a purchase order for Legal Binders, that signed contract or purchase order controls where it differs from this agreement.
2. The service
Legal Binders is an online library of statutes, elements, court opinions, jury instruction summaries and motion drafts, organized by case type, together with a workspace where the Office keeps its own templates and guidance (the "Service"). NEXGEN provides the Service on the plan the Office chooses.
3. Free trial
The Office may use the Service free of charge until its trial ends. During the trial, the number of people the Office may invite is limited. NEXGEN sends two reminders before the trial ends. If the Office does not choose a paid plan, its access becomes download-only for 30 days so it can take its work, after which its content is deleted.
4. People and roles
The Office decides who may use the Service, what Role and Profile each person has, and when their access ends. The Office is responsible for the people it invites and for keeping their access current. Every person accepts the Terms of Use.
5. No case files
The Service is not a case management system. The Office will not store, and will direct its people not to store, any defendant, victim or witness information, case records, or criminal justice information in the Service, as set out in the Acceptable Use policy.
6. Starting content
NEXGEN prepares the starting content from public statutes, court rules and published opinions and keeps the statutes checked against their official sources. The content is a starting point, not legal advice, and no attorney-client relationship is formed. The Office's Approvers decide what its attorneys see, and the Office remains responsible for its legal positions.
7. The Office's content
- Documents, folders, motion edits and other material the Office adds belong to the Office. NEXGEN uses them only to provide the Service to the Office.
- The Office's content is kept separate from every other office's. No other office can see it.
- The Office's Administrators may download all of the Office's content at any time, including while access is suspended.
- When the subscription ends, NEXGEN deletes the Office's content after the 30-day download period.
8. Fees and payment
- Fees are those of the Office's plan as shown when it upgrades, billed monthly or annually.
- The Office may pay by saved card, by a one-time card payment, or by invoice. Invoices are sent on the first day of the month and are due on receipt.
- If an invoice remains unpaid 30 days after it is sent, the Office's access is suspended automatically, except that its Administrators may still sign in to pay and to download its content. Access is restored as soon as payment is received.
- Where the Office is exempt from taxes, it will provide its exemption certificate.
9. Security and records
NEXGEN protects the Service with encrypted connections, access by Role and Profile, and a tamper-evident audit log that records each action with its date, time and person. The Office's Administrators can read and verify the Office's log.
10. Public agencies
- Nothing in this agreement requires the Office to indemnify anyone, or to give up any immunity, where the law that governs the Office does not allow it.
- The Office may end a paid subscription at the end of a fiscal year if the funds for it are not appropriated, by notice before that year ends.
- NEXGEN understands that this agreement and records about it may be subject to public records laws.
11. Warranties and liability
NEXGEN will provide the Service with reasonable skill and care. Apart from that, the Service is provided as it is, without other warranties. To the extent the law allows, each party's total liability under this agreement is limited to the fees the Office paid in the 12 months before the claim, and neither party is liable for indirect or consequential losses.
12. Term and ending
This agreement starts when it is accepted and continues while the Office uses the Service. The Office may cancel at any time; a paid plan runs to the end of the period already paid. NEXGEN may suspend or end the Service for serious misuse or non-payment, as described above.
13. Changes
NEXGEN may update this agreement with 30 days' notice to the Signatory and the Office's point of contact. Until the Signatory accepts the new version on the Office's behalf, the version the Office last accepted applies. If the Signatory has not accepted it within the 30 days, the Office's access is suspended until they do. While it is suspended, the Signatory can still sign in to read and accept the new version, and the Office's Administrators can still download all of the Office's content. NEXGEN sends reminders before the suspension and tells the Office's point of contact which of its people have not yet accepted a new version of the Terms of Use.
14. Governing law
This agreement is governed by the law of the state in which the Office is located.
15. Entire agreement
This agreement, the Terms of Use and the Acceptable Use policy are the whole agreement between NEXGEN and the Office about the Service, subject to section 1.