Terms of use
Terms of use
Last Updated: 12/31/2024
These Terms of Use (“Terms”) govern your access to and use of the website located at www.theprudentword.com (the “Site”), which is owned and operated by The Prudent Wordsmith, Pbc. (“Company,” “we,” “us,” or “our”). By accessing or using the Site, or by purchasing or using any services offered through the Site (the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Services Overview; No Legal Advice
1.1 Services. We provide virtual paralegal and litigation support services, which may include document preparation, formatting, filing coordination, calendaring support, case organization, legal research, and analytics-based research regarding publicly available court records and filings (“Motion Intelligence”). Specific deliverables, turnaround times, and scope will be set forth in a separate written statement of work, engagement letter, or services agreement (each, an “SOW”).
1.2 No Legal Advice; Not a Law Firm. Company is not a law firm, does not provide legal advice, and does not form an attorney-client relationship with you through your use of the Site or Services. Any information on the Site is for general informational purposes only and is not legal advice.
1.3 Attorney Supervision. You represent and warrant that any work performed by us that constitutes work typically performed by a paralegal will be appropriately supervised by a licensed attorney consistent with applicable laws, rules of professional conduct, and court rules.
2. Eligibility and Authorized Users
You represent that you are at least 18 years old and have authority to bind the law firm, entity, or client on whose behalf you use the Site. If you create or use an account, you are responsible for maintaining the confidentiality of credentials and for all activity under your account.
3. Engagement, Orders, and Deliverables
3.1 SOW Controls. If you purchase Services, the applicable SOW will describe the scope, fees, deliverables, and timelines. If there is a conflict between an SOW and these Terms, the SOW will control only with respect to the Services covered by that SOW.
3.2 Client Responsibilities. You agree to provide accurate instructions, complete materials, and timely responses. You are responsible for attorney review and approval of all deliverables prior to filing, service, production, or other use.
3.3 No Guarantee of Outcome. We do not guarantee any legal or case outcome, including outcomes related to litigation strategy, motion practice, or court rulings.
4. Motion Intelligence and Research Disclosures
4.1 Data Sources and Limitations. Motion Intelligence may rely on public records, third-party databases, court docket systems, and other sources that may be incomplete, delayed, or contain errors. We do not warrant that any analytics, summaries, or trend assessments are complete or error-free.
4.2 Use at Your Discretion. Any insights regarding opposing counsel filing patterns or judicial ruling history are informational and intended to support attorney decision-making. You remain solely responsible for verifying citations, docket entries, and authorities and for determining appropriate legal strategy.
5. Fees, Billing, Subscriptions, and Refunds
5.1 Fees. Fees are as stated on the Site, in proposals, or in the applicable SOW. You authorize us (and our payment processor) to charge your provided payment method for fees, taxes, and other charges.
5.2 Subscriptions and Renewals (If Applicable). If you enroll in a subscription, it may renew automatically unless canceled prior to the renewal date, as described at checkout or in the SOW.
5.3 Refund Policy. Unless required by law or expressly stated in an SOW, fees are non-refundable, including for partially completed work, reserved capacity, or expedited scheduling.
5.4 Late Payments. We may suspend Services for overdue amounts. You agree to pay reasonable costs of collection as permitted by law.
6. Confidentiality; Client Materials; Security
6.1 Confidential Information. Each party may receive non-public, confidential, or proprietary information (“Confidential Information”). Each party agrees to use Confidential Information only to perform or receive Services and to protect it using reasonable care.
6.2 Client Materials. You retain ownership of materials you provide to us (“Client Materials”). You grant us a limited license to use Client Materials solely to provide Services.
These Terms of Use (“Terms”) govern your access to and use of the website located at www.theprudentword.com (the “Site”), which is owned and operated by The Prudent Wordsmith, Pbc. (“Company,” “we,” “us,” or “our”). By accessing or using the Site, or by purchasing or using any services offered through the Site (the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Services Overview; No Legal Advice
1.1 Services. We provide virtual paralegal and litigation support services, which may include document preparation, formatting, filing coordination, calendaring support, case organization, legal research, and analytics-based research regarding publicly available court records and filings (“Motion Intelligence”). Specific deliverables, turnaround times, and scope will be set forth in a separate written statement of work, engagement letter, or services agreement (each, an “SOW”).
1.2 No Legal Advice; Not a Law Firm. Company is not a law firm, does not provide legal advice, and does not form an attorney-client relationship with you through your use of the Site or Services. Any information on the Site is for general informational purposes only and is not legal advice.
1.3 Attorney Supervision. You represent and warrant that any work performed by us that constitutes work typically performed by a paralegal will be appropriately supervised by a licensed attorney consistent with applicable laws, rules of professional conduct, and court rules.
2. Eligibility and Authorized Users
You represent that you are at least 18 years old and have authority to bind the law firm, entity, or client on whose behalf you use the Site. If you create or use an account, you are responsible for maintaining the confidentiality of credentials and for all activity under your account.
3. Engagement, Orders, and Deliverables
3.1 SOW Controls. If you purchase Services, the applicable SOW will describe the scope, fees, deliverables, and timelines. If there is a conflict between an SOW and these Terms, the SOW will control only with respect to the Services covered by that SOW.
3.2 Client Responsibilities. You agree to provide accurate instructions, complete materials, and timely responses. You are responsible for attorney review and approval of all deliverables prior to filing, service, production, or other use.
3.3 No Guarantee of Outcome. We do not guarantee any legal or case outcome, including outcomes related to litigation strategy, motion practice, or court rulings.
4. Motion Intelligence and Research Disclosures
4.1 Data Sources and Limitations. Motion Intelligence may rely on public records, third-party databases, court docket systems, and other sources that may be incomplete, delayed, or contain errors. We do not warrant that any analytics, summaries, or trend assessments are complete or error-free.
4.2 Use at Your Discretion. Any insights regarding opposing counsel filing patterns or judicial ruling history are informational and intended to support attorney decision-making. You remain solely responsible for verifying citations, docket entries, and authorities and for determining appropriate legal strategy.
5. Fees, Billing, Subscriptions, and Refunds
5.1 Fees. Fees are as stated on the Site, in proposals, or in the applicable SOW. You authorize us (and our payment processor) to charge your provided payment method for fees, taxes, and other charges.
5.2 Subscriptions and Renewals (If Applicable). If you enroll in a subscription, it may renew automatically unless canceled prior to the renewal date, as described at checkout or in the SOW.
5.3 Refund Policy. Unless required by law or expressly stated in an SOW, fees are non-refundable, including for partially completed work, reserved capacity, or expedited scheduling.
5.4 Late Payments. We may suspend Services for overdue amounts. You agree to pay reasonable costs of collection as permitted by law.
6. Confidentiality; Client Materials; Security
6.1 Confidential Information. Each party may receive non-public, confidential, or proprietary information (“Confidential Information”). Each party agrees to use Confidential Information only to perform or receive Services and to protect it using reasonable care.
6.2 Client Materials. You retain ownership of materials you provide to us (“Client Materials”). You grant us a limited license to use Client Materials solely to provide Services.
6.3 Security. We maintain reasonable administrative, technical, and organizational safeguards. However, no system is completely secure, and you acknowledge that transmission of information over the internet carries inherent risks.
6.4 Protected/Regulated Data. Do not submit regulated personal data (e.g., sensitive identifiers, medical records) unless expressly agreed in writing and necessary safeguards are in place.
7. Intellectual Property
7.1 Site Content. The Site, including text, graphics, logos, templates, and software, is owned by Company or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works except as expressly permitted.
6.4 Protected/Regulated Data. Do not submit regulated personal data (e.g., sensitive identifiers, medical records) unless expressly agreed in writing and necessary safeguards are in place.
7. Intellectual Property
7.1 Site Content. The Site, including text, graphics, logos, templates, and software, is owned by Company or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works except as expressly permitted.
7.2 Work Product. Unless otherwise stated in an SOW, upon full payment we grant you a non-exclusive license to use deliverables created specifically for you for your internal business purposes and client matters. We may reuse general know-how, non-client-specific templates, and methods developed in the course of providing Services.
8. Acceptable Use; Prohibited Conduct
You agree not to:
The Site may reference third-party tools (e-filing portals, docket services, payment processors). We are not responsible for third-party services, content, availability, or practices. Use of third-party services is subject to their terms.
10. Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS OWNERS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHSBEFORE THE EVENT FIRST GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain limitations; in such cases, the limitation applies to the fullest extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, contractors, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your instructions, Client Materials, or use of deliverables; or (d) your violation of applicable laws, court rules, or professional obligations.
13. Termination and Suspension
We may suspend or terminate access to the Site or Services at any time if we reasonably believe you have violated these Terms or if continued service may create legal, ethical, or security risk. Upon termination, your right to use the Site ends immediately. Sections that by their nature should survive will survive (including confidentiality, IP, disclaimers, limitation of liability, and indemnification).
14. Privacy
Our collection and use of personal information is described in our Privacy Policy at [link], which is incorporated by reference. If there is a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls.
15. Governing Law; Venue
These Terms are governed by the laws of the State of [State], without regard to conflict of laws principles. Exclusive venue for any dispute will be the state or federal courts located in [County/State], and each party consents to personal jurisdiction there.
16. Dispute Resolution (Optional)
If you want arbitration/class-action waiver language, insert here. (This is highly jurisdiction- and business-specific and should be reviewed by counsel.)
17. Changes to Terms
We may update these Terms from time to time. The “Last Updated” date reflects the effective date. Continued use of the Site after changes become effective constitutes acceptance of the revised Terms.
18. Miscellaneous
18.1 Entire Agreement. These Terms and any applicable SOW constitute the entire agreement regarding the Site and Services.
18.2 Severability. If any provision is held unenforceable, the remainder remains in effect.
18.3 Assignment. You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
18.4 No Waiver. Failure to enforce a provision is not a waiver.
19. Contact
Questions about these Terms can be directed to: The Prudent Wordsmith, Pbc.
You agree not to:
- Use the Site for unlawful purposes or in violation of any applicable rules of professional conduct or court rules;
- Misrepresent your identity or authority;
- Attempt to access non-public areas or systems, interfere with operation, or introduce malware;
- Scrape, harvest, or misuse Site content or data beyond ordinary browsing;
- Use Motion Intelligence to harass, threaten, or unlawfully profile individuals.
The Site may reference third-party tools (e-filing portals, docket services, payment processors). We are not responsible for third-party services, content, availability, or practices. Use of third-party services is subject to their terms.
10. Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS OWNERS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHSBEFORE THE EVENT FIRST GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain limitations; in such cases, the limitation applies to the fullest extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, contractors, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your instructions, Client Materials, or use of deliverables; or (d) your violation of applicable laws, court rules, or professional obligations.
13. Termination and Suspension
We may suspend or terminate access to the Site or Services at any time if we reasonably believe you have violated these Terms or if continued service may create legal, ethical, or security risk. Upon termination, your right to use the Site ends immediately. Sections that by their nature should survive will survive (including confidentiality, IP, disclaimers, limitation of liability, and indemnification).
14. Privacy
Our collection and use of personal information is described in our Privacy Policy at [link], which is incorporated by reference. If there is a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls.
15. Governing Law; Venue
These Terms are governed by the laws of the State of [State], without regard to conflict of laws principles. Exclusive venue for any dispute will be the state or federal courts located in [County/State], and each party consents to personal jurisdiction there.
16. Dispute Resolution (Optional)
If you want arbitration/class-action waiver language, insert here. (This is highly jurisdiction- and business-specific and should be reviewed by counsel.)
17. Changes to Terms
We may update these Terms from time to time. The “Last Updated” date reflects the effective date. Continued use of the Site after changes become effective constitutes acceptance of the revised Terms.
18. Miscellaneous
18.1 Entire Agreement. These Terms and any applicable SOW constitute the entire agreement regarding the Site and Services.
18.2 Severability. If any provision is held unenforceable, the remainder remains in effect.
18.3 Assignment. You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
18.4 No Waiver. Failure to enforce a provision is not a waiver.
19. Contact
Questions about these Terms can be directed to: The Prudent Wordsmith, Pbc.
Email: legal@prudentword.com
Address: 8 The Green Ste. 21185, Dover, DE 19901