TERMS OF USE

TERMS OF USE

1. Introduction

 

Meisterline Analytics Limited is a research-based organisation applying cognitive analysis and advanced technology to the assessment, tracking and measurement of the expertise of lawyers who practice in specific jurisdictions and areas of law.

 

1.1 Purpose

 

Our mission is to bring greater transparency to the market for legal expertise so that lawyers can more meaningfully differentiate their legal services and clients can make better hiring decisions. We also seek to help lawyers better understand and improve their cognitive development as legal experts.

 

1.2 Agreement

 

When you use our Services, you are entering into a legal agreement and you agree to all these terms. You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

 

You agree that by accessing or using our services in any capacity (including for self-assessment, formal reports, certificates, search and any content, information and calculations provided or performed as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Meisterline Analytics Limited (“Meisterline” or “we”).

 

This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features, as may be amended by Meisterline from time to time. If you do not agree to this Agreement, do NOT access or otherwise use any of our Services.

 

Whether you are a user of our Services or just a visitor to this site, this Agreement applies to you.

 

2. Obligations

 

These are some of the promises you make to us in this Agreement. 

 

2.1 Service Eligibility

 

To use the Services, you agree that: (1) you will only and always provide factually correct information in response to requests for information we make regarding your background, experience and related matters; and (2) you are not already restricted by Meisterline from using the Services.

 

2.2 Your Account

 

You will not share an account with anyone else and will follow our rules and the law.

 

As between you and others, your account belongs to you. You agree to: (1) not transfer any part of your account, and; (2) follow the law and the Dos and Don’ts below. You are responsible for anything that happens through your account unless you close it or report misuse.

 

2.3 Payment

 

You will honour your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices. We do not guarantee refunds.

 

If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees and taxes may result in the termination of your account and/or your subscription or access to the Premium Services. Also:

a. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

b. You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.

c. You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period.

d. Taxes are calculated based on the billing information that you provide us at the time of purchase.

 

2.4 Notices and Service Messages

 

You are okay with use using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us. If the contact information you provide isn’t up to date, you may miss out on these notices.

 

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

 

3. Rights and Limits

 

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. We'll honour the choices you make about who gets to see your information and content. You promise to only provide information and content that you have the right to share, and that you’re the information you provide to us will be truthful.

 

3.1 Your License to Meisterline

 

As between you and Meisterline, you own the content and information that you submit or post to the Services and you are only granting Meisterline the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

1. You can end this license for specific content by asking us to delete such content from the Services, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

2. We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in our Privacy Policy.

3. While we may edit and make formatting changes to your content, we will not modify the meaning of what you say.

4. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

 

You agree that we may access, store and use any information that you provide in accordance with the terms of our Privacy Policy.

 

By submitting suggestions or other feedback regarding our Services to Meisterline, you agree that Meisterline can use and share (but does not have to) such feedback for any purpose without compensation to you.

 

You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that information you provide will be truthful. Meisterline may be required by law to remove certain information or content in certain countries.

 

3.2 Service Availability

 

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

Meisterline is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

 

3.3 Other Contents, Sites and apps

 

When you see or use others' content and information provided in or via our Services, it's at your own risk.

 

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for third parties' content or information or for any damages as result of your use of or reliance on it.

 

You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with our Services, that app or site can access information on Meisterline related to you. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Meisterline is not responsible for these other sites and apps -- use these at your own risk.

 

3.4 Limits

 

We have the right to limit how you connect and interact on our Services. We're providing you notice about our intellectual property rights.

 

Meisterline reserves the right to limit your use of the Services. Meisterline reserves the right to restrict, suspend, or terminate your account if Meisterline believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).

 

Meisterline reserves all of its intellectual property rights in the Services. For example, Meisterline logos and other Meisterline trademarks, service marks, graphics, and logos used in connection with Meisterline are trademarks or registered trademarks of Meisterline or Meisterline Limited. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

 

4. Disclaimer and Limit of Liability

 

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

 

4.1 No Warranty

 

TO THE EXTENT ALLOWED UNDER LAW, MEISTERLINE (AND THOSE THAT MEISTERLINE WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

 

4.2 Exclusion of Liability

 

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS MEISTERLINE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), MEISTERLINE (AND THOSE THAT MEISTERLINE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

 

IN NO EVENT SHALL THE LIABILITY OF MEISTERLINE (AND THOSE THAT MEISTERLINE WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $100.

 

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MEISTERLINE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF MEISTERLINE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

 

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

 

5. Termination

 

Meisterline or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

a. Our rights to use and disclose your feedback;

b. Users’ and visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;

c. Sections 4, 6 and 7 of this Agreement;

d. Any amounts owed by either party prior to termination remain owed after termination.

 

6. Dispute Resolution

 

In the unlikely event we end up in a legal dispute, it will take place in Hong Kong courts, applying Hong Kong law.

 

You agree that the laws of the Hong Kong Special Administrative Region, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of the Hong Kong Special Administrative Region, and we each agree to personal jurisdiction in those courts.

 

7. General Terms

 

If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

 

If we don't act to enforce a breach of this Agreement, that does not mean that Meisterline has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Meisterline may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.

 

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.

 

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

 

8. Meisterline “Dos” and “DON’Ts”

 

8.1 Dos. You agree that you will:

a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

b. Provide accurate information to us and keep it updated;

c. Use your real name as required;

d. Use the Services in a professional manner.

 

8.2 Don’t. You agree that you will not:

a. Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;

b. Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Meisterline);

c. Create a false identity on Meisterline;

d. Misrepresent your current or previous positions and qualifications;

e. Misrepresent your affiliations with a person or entity, past or present;

f. Misrepresent your identity, including but not limited to the use of a pseudonym;

g. Create a user profile for anyone other than yourself (a real person);

h. Use or attempt to use another's account;

i. Harass, abuse or harm another person;

j. Send spam or other unwelcomed communications to others;

k. Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);

l. Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;

m. Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));

n. Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;

o. Violate the intellectual property or other rights of Meisterline, including, without limitation, using the word “Meisterline” or our logos in any business name, email, or URL except as agreed in writing with us;

p. Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Meisterline;

q. Post anything that contains software viruses, worms, or any other harmful code;

r. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;

s. Create profiles or provide content that promotes escort services or prostitution.

t. Creating or operate a pyramid scheme, fraud or other similar practice;

u. Copy or use the information, content or data of others available on the Services (except as expressly authorized);

v. Copy or use the information, content or data on our Services in connection with a competitive service (as determined by Meisterline);

w. Copy, modify or create derivative works of Meisterline, the Services or any related technology (except as expressly authorized by Meisterline);

x. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or underlying algorithms or computations for the Services or any related technology, or any part thereof;

y. Imply or state that you are affiliated with or endorsed by Meisterline without our express consent;

z. Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;

aa. Sell, sponsor, or otherwise monetize a Meisterline or any other feature of the Services, without Meisterline's consent;

ab. Deep-link to our Services for any purpose other than to promote your profile without Meisterline's consent;

ac. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;

ad. Remove, cover or obscure any advertisement included on the Services;

ae. Collect, use, copy, or transfer any information obtained from Meisterline without the consent of Meisterline;

af. Share or disclose information of others without their express consent;

ag. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;

ah. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

ai. Monitor the Services' availability, performance or functionality for any competitive purpose;

aj. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

ak. Access the Services except through the interfaces expressly provided by Meisterline, such as its mobile applications and meisterline.com;

al. Override any security feature of the Services; and/or

am. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

 

9. Complaints Regarding Content

 

We respect the intellectual property rights of others. We require that information posted by users of our Services to be accurate and not in violation of the intellectual property rights or other rights of third parties.

 

10. How to Contact Us

 

If you want to send us notices or service of process, please contact us:

 

ONLINE at: meisterline.com/contact
OR BY MAIL: Meisterline Analytics, 1104 Crawford House, 70 Queen’s Road, Central, Hong Kong