Terms of Service
Thanks for using Justice Bid (“JB”). These terms of service (“Terms”) cover your use and access to our services and websites (“Services”). Our Privacy Notice explains how we collect and use your information while these Terms outline your responsibilities when using our Services. By using our Services, you are agreeing to be bound by these Terms and our Privacy Notice.
Your Data & Your Permissions
When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Data”). Your Data is yours. These Terms do not give us any rights to Your Data except for the limited rights that enable us to offer the Services.
We need your permission to do things like storing Your Data, sharing it when you ask us to, and using your profile information to supplement our global company database. Our Services also provide you with features like managing a negotiation, submitting responses to a negotiation, sharing, searching, easy sorting and organization, and personalization to help reduce busywork related to legal department procurement. To provide these and other features, the Services may store and scan Your Data. You give us permission to do those things.
Our clients that have a subscription to our sourcing platform are referred to as “Sourcing Clients.” Sourcing Clients use our platform to run all types of outside counsel selection scenarios – panel refreshes, AFAs (e.g., time-based, fixed-fees, etc.), consolidations, rate reviews, matter-level RFPs, etc. (“Sourcing Events”). From time to time, a Sourcing Client may invite you to participate in a Sourcing Event. If you elect to participate in a Sourcing Event, these Terms describe the terms and conditions applicable to your use.
For each Sourcing Event, you may be presented with the terms and conditions imposed by the Sourcing Client relating to participation in that specific Sourcing Event ("Event Rules"). If the Sourcing Event includes Event Rules, the Sourcing Client will only allow you to participate in the Sourcing Event if you agree to the Event Rules. The Sourcing Client has final responsibility for all decisions regarding the operation of the Sourcing Events. The Sourcing Client may suspend or cancel a Sourcing Event at any time and without prior notification. If you are submitting a bid in connection with a Sourcing Event, you represent that such bid is a legally valid price quotation.
For each Sourcing Event, you understand that you are not our client. Our client is the Sourcing Client. As part of performing services for our client, the Sourcing Client, you consent to us providing to the Sourcing Client all communications by you during the Sourcing Events. We will not use data submitted in response to a Sourcing Event for any other purpose. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms.
Law Firm Analytics
Our clients that have a subscription to our law firm analytics platform are referred to as “Analytics Clients.” Analytics Clients use our platform to collect, evaluate, and analyze data related to their matters (“Client-Specific Requests”). From time to time, an Analytics Client may invite you to participate in a Client-Specific Request. If you elect to participate in a Client-Specific Request, these Terms describe the terms and conditions applicable to your use. If you are uploading data in connection with a Client-Specific Request, you represent that such data is accurate.
For each Client-Specific Request you understand that you are not our client. Our client is the Analytics Client. As part of performing services for our client, the Analytics Client, you consent to us providing to the Analytics Client all communications by you related to the Client-Specific Request. We will not use data submitted in response to a Client-Specific Request for any other purpose. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms.
If you are a law firm submitting your firmwide data or data in response to a Client-Specific Request, you should be aware that our Services enable you to: (a) upload your deidentified data, and view aggregated graphs of your own data; (b) benchmark your firmwide data against aggregated data of your peer firms; (c) proactively share your aggregated firmwide graphs with your prospects and clients, or approve a prospect’s or client’s request to view your firmwide data; and (d) respond to Client-Specific Requests that are only displayed to the Analytics Client in the aggregate. For the sake of clarity, the only third parties that can see your aggregated firmwide and/or data provided in response to a Client-Specific Request, are the third parties (including Analytics Clients) that you expressly approve of on the platform.
Use of Aggregate Data
We may collect, use and disclose aggregate quantitative data derived from the use of our Services, including without limitation JB Survey Data (as defined in the Privacy Notice), for industry analysis, benchmarking, and analytics. All such quantitative data will be deidentified, aggregated, and will not identify you, your users, or any third parties utilizing the Services.
Content and data provided as a part of the Services may be protected by others’ privacy and/or intellectual property rights. Please do not copy, upload, download, or share content or data unless you have the right to do so.
We are not responsible for the content people upload, download, post or share via the Services.
Safeguard your password to the Services, and keep your account information current. Do not share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 18.
If you believe you have discovered a potential security vulnerability, please let us know by emailing firstname.lastname@example.org. We request that you communicate about potential vulnerabilities in a responsible manner, providing sufficient time and information for our team to validate and address potential issues.
You agree not to misuse the Services or help anyone else to do so. For example, you must not do any of the following in connection with the Services:
a. probe, scan, or test the vulnerability of any system or network, unless done with our consent;
b. breach or otherwise circumvent any security or authentication measures;
c. access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;
d. interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
e. access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
f. send unsolicited communications, promotions or advertisements, or spam;
g. send altered, deceptive or false source-identifying information, including “spoofing” or “phishing;”
h. sell the Services unless specifically authorized to do so;
i. publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
j. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
k. harass or abuse JB personnel or representatives or agents performing services on behalf of JB;
l. violate the law in any way, including storing, publishing or sharing material that is fraudulent, defamatory, or misleading;
m. violate the privacy or infringe the rights of others, including re-identifying, attempting to re-identify, or selling personal information; or
n. copy, upload, download, access or share content or data to which you do not have the appropriate rights.
We sometimes release products and features that we are still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as our other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.
Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
Our Stuff and Our Role
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any right, title, or interest in the Services, others’ content in the Services, JB trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We have no involvement in any transaction between any two parties using the Services. Our role is simply one of facilitator – to provide You with the opportunity to take part in the Services. We are not responsible for ensuring that any parties complete a transaction.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Please send such notices to email@example.com. The notification should meet the following requirements and include the following information:
a. have an electronic or physical signature of the copyrighted work owner (or authorized person);
b. include a description of the copyrighted work, including the URL where this infringing content is available or a copy of it;
c. include the contact details of the person submitting the notice: an email address, telephone and address;
d. a statement in “good faith belief” that the work is not authorized by the copyright owner; and
e. a statement by the person who sends the takedown notice that the information included in the notice (all the above information) is accurate and that the person sending the notice is either the copyright owner or authorized to act on the copyright owner’s behalf
By using the Services, you understand that we may send you communications regarding the Services. We give you the opportunity to opt-out of receiving promotional communications by following the opt-out instructions provided in the communication.
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
a. you are in breach of these Terms, or
b. your use of the Services would cause a real risk of harm or loss to us or other users.
We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Data from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services.
We will not provide notice before termination where:
a. you are in material breach of these Terms,
b. doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
c. we are prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond JB’s control or to comply with a legal requirement. If we do so, we will give you reasonable prior notice so that you can export Your Data from our systems.
Services “AS IS”
We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, JB AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places do not allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO – THIS INCLUDES ANY LIABILITY FOR JB’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, JB, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL NOT BE LIABLE FOR:
a. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
b. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT JB OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, JB, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. JB AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $1,000 USD OR 100% OF ANY AMOUNT YOU HAVE PAID TO JB DURING THE 12 MONTHS PRECEDING THE ACT OR OMISSION ALLEGED TO GIVE RISE TO SUCH LIABILITY.
We want to address your concerns without needing a formal legal case. Before filing a claim against JB, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or JB may bring a formal proceeding.
Judicial Forum for Disputes. You and JB agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Cook County, Illinois, subject to the mandatory arbitration provisions below. Both you and JB consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give individuals the right to bring disputes in their local courts, this paragraph does not affect those requirements.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and JB agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by providing notice to email@example.com within 30 days of first using the Services.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Chicago, IL, or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. JB will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 USD in addition to the award. JB will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or JB may assert claims, if they qualify, in small claims court in Chicago, IL or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Cook County, Illinois to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
These Terms will be governed by Illinois law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user’s country. This paragraph does not override those laws.
These Terms constitute the entire agreement between you and JB with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights. If you are accessing the Services as part of an organization that has an agreement with JB (“Client Agreement”), you are still required to accept these Terms in order to use the Services, however, these Terms are subordinate to the Client Agreement and the Client Agreement will control if there is a conflict.
Waiver, Severability & Assignment
JB’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. JB may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
a. changes to the law,
b. new regulatory requirements, or
c. improvements or enhancements made to our Services.
By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms. These Terms were last updated on 1 May 2023.