Clio: More Terms of Service

Lawyers read contracts.  It’s akin to swearing like a sailor … just part of the deal.  And having heard everyone’s doing it, the FutureLawyer has begun scrutinizing terms of service agreements himself, before checking the “Accept” box for installations.  Like a healthy early-adopter, he found a well-recommended beta service, and thought he would give the free trial a shot.

I can appreciate his hesitation as he launched into registration.  I’m thinking he’s thinking, “what kind of language will be in the terms of service to give me comfort that I can entrust these people with my day-to-day practice, my livelihood, and ultimately, even my good standing with the state bar.”  But, I nearly digress.

So, there’s Rick, excited about trying out this new software as a service (Clio, by Themis Software), and he takes a few moments to scan the terms for how well he might be protected in the event something goes wrong. Then he comes across just what he’s not looking for (what’s a good antonym for glee).  In his words, here are

[j]ust a few of the gems on the hit parade: “1. You expressly understand and agree that Themis Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Themis Software has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. 2. Abuse or excessively frequent requests to Clio via the API may result in the temporary or permanent suspension of your account’s access to the API. Themis Software, in its sole discretion, will determine abuse or excessive usage of the API. Themis Software will make a reasonable attempt via email to warn the account owner prior to suspension. 3. Themis Software reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.”

What does the FutureLawyer do; how should he react?  The suspense is killing you.  You’ll have to read the punch line at FutureLawyer.  (You didn’t think I would mooch his ENTIRE post, I hope; but here’s a hint: it ends with sarcasm.)

And for those following a now-stale thread on these premises: know that neither Erik Larson nor anyone at Adobe has lived up to their “we’ll get back to you” promise regarding the new Acrobat.com terms of service.  You’re stunned.  I know.  Apparently, we gave way to more recent posts showing up on the Google Finance page for ADBE.  (Yes, I would feel bad if I suspected they just paid us a little lipservice while shareholders were watching.)