Dr. Alok Aggarwal
Transform Your Workflow with Scry AI Automation
Get StartedAlthough the offshoring of IT services and other low-end business processes to lower-wage countries
has been a fact of life over the past 15 years, the offshoring of legal services is still in its nascent
stages. In fact, research conducted by Evalueserve shows that only 1,300 professionals are currently
providing legal services to the US from India, however, this number is expected to grow to 5,200 by
December 2010 and to 16,000 by December 2015. Evalueserve contends that the Indian companies
providing such services will generate approximately $56 million in revenue during July 2005 – June
2006, $300 million in July 2010 – June 2011, and $960 million in July 2015 – June 2016. However,
it is worth noting that during the same period, the legal services industry in the US is likely to expand
from 975,000 legal and paralegal professionals in 2005 to 1.125 million professionals in 2010 and 1.3
million in 2015. Correspondingly, the revenue generated by this industry is likely to grow from $270
billion in 2005 to $360 billion by 2010 and to $480 billion by 2015. So despite the seemingly large
growth in offshoring of legal services, in actuality, only 1.2% of the legal and paralegal jobs would be
offshored to India by 2015 and constituting only 0.2% of total revenue!
According to the US Census Bureau, the legal services industry in the US generated approximately $184 billion in revenue in 2002. This Census Bureau figure includes revenue generated from law- firms, solo practitioners, title and abstract companies and other various organizations that provide assorted legal services however does NOT include revenue corresponding to lawyers, paralegals and related professionals employed in various levels of the government, academia, various corporations and other non-governmental organizations (NGOs). Also, according to the US Bureau of Labor Statistics (BLS) 695,000 lawyers and 200,000 paralegals (also known as legal assistants) held jobs in
2002 and, of these, 75% lawyers and 70% paralegals worked in the first group (law-firms, title and
abstract companies and with solo practitioners) whereas, the remaining worked in various government
offices, corporations and NGOs.
Evalueserve estimates that in 2005, the revenue of the US legal services industry will be
approximately $225 billion using the US Census Bureau definition, up to approximately $270 billion
if we include lawyers and paralegals in all organizations. Furthermore, according to our estimates,
approximately 760,000 lawyers and 215,000 paralegals are employed in 2005 in all organizations
within the US. supported by another 225,000 professionals that include secretaries, receptionists,
agents, office administrators, IT professionals, HR professionals, and accounting. These
professionals work in various industry verticals such as – but not limited to – taxation, accounting,
telecom, biotech and pharmaceuticals. Since this article does not consider the offshoring of such
ancillary services – even within the legal industry – these services will not be discussed any further in
this article.
Currently, many US organizations have in-house legal departments that consist of senior lawyers,
associates, paralegals and related staff. However, many small and medium-sized enterprises do not
have any such departments and for various reasons (that include cost, quality and efficiency), even many large firms outsource legal work to external, US-based law-firms. However, since both the price of, and the demand for, legal services has been rising rapidly and since this trend is likely to continue and since the corresponding budgets may not even grow at the rate of inflation, more and more organizations, including some law-firms, are beginning to adopt one or more of the following mechanisms to reduce costs without jeopardizing quality:
1. Utilizing procurement departments for legal services – As procurement departments have
become what can be more aptly described as strategic sourcing departments with trained
contract development professionals, many firms are asking their procurement teams to
evaluate alternatives for legal services and assisting with strategic planning, supplier
evaluation and economic forecasting, reviews of their legal spending, and issuing RFPs
(Request For Proposals). Examples of companies that are using their strategic sourcing
departments to optimize legal costs include United Technologies Corporation, Oracle
Corporation, Bayer AG, JP Morgan Chase & Company, Merrill Lynch & Company,
Motorola Inc., Pfizer Inc., Tyco International Ltd., and Wyeth.
2. Increasingly using Information Technology applications to improve the efficiency of their
internal legal departments and external law-firms and to reduce their administrative
overheads. These IT applications include (a) e-billing to spot, flag and dispute charges that may have otherwise gone unnoticed, (b) use of extranets and a central repository of all work- product that can be searched electronically, and (c) e-filing of patent and trademark applications in order to improve efficiency and reduce cost.
3. Using paralegals to perform some of the same functions once reserved for lawyers . Clearly,
paralegals are expressly prohibited from carrying out functions that are considered
“practicing law” or setting legal fees, giving legal advice, and presenting cases in courts.
However, paralegals are identifying appropriate applicable laws and analyzing judicial
decisions, researching legal articles and providing synthesized reports and files to their
attorneys who can more efficiently perform higher value-added work. Moreover, such
paralegals are also performing more of the vital functions including drafting of contracts,
mortgages, divorce agreements, trust agreements, tax returns and planning estates.
4. Negotiating fixed price contracts, e.g., paying a fixed price for drafting and filing a patent
application or a trademark application, or paying little – if any – overheads such as those for
photocopying and faxing charges, to external law-firms.
5. Offshoring legal processes that conform to US export controls of course, without the
offshoring firms giving any legal advice or constituting the practice of law in the US.
The next section discusses the types of legal processes that will be offshored by various organizations
currently as well as those that will be offshored in the near future.
Between 1990 and 2005, the legal services industry grew at an approximate annual rate of 6.75% and
our forecasts show this industry is likely to grow at 6% per year for the next decade, 2006 – 2015.
Within the broad field of legal services, revenue growth is expected to be particularly strong in areas
related to the aging and elderly, antitrust, environment, global trade and Intellectual Property.
Although the offshoring of IT services, software code and call centers and other low-end business
processes to lower-wage countries has now been underway for the last 15 years, the offshoring of
legal services is still in its nascent stages. In fact, research conducted by Evalueserve shows that only
1,300 professionals are currently providing legal services to the US from India, however, this number
is expected to grow to 5,200 by 2010 and to 16,000 by 2015. Evalueserve contends that the Indian
companies providing such services will generate approximately $56 million in revenue in 2005, $300
million in 2010, and $960 million in 2015. However, it is worth noting that during the same period, the legal services industry in the US is likely to expand from 975,000 legal and paralegal
professionals in 2005 to 1.125 million professionals in 2010 and 1.3 million in 2015.
Correspondingly, the revenue generated by this industry is likely to grow from $270 billion in 2005 to
$360 billion by 2010 and to $480 billion by 2015. So despite the seemingly large growth in
offshoring of legal services, in actuality, only 1.2% of the legal and paralegal jobs would be offshored
to India by 2015 and constituting only 0.2% of total revenue!
The services that will be offshored within the broad area of legal and paralegal services include:
1. Electronic Document Management services: These include word processing, creative design,
legal transcription, legal coding, data digitization, key word and XML tagging, and archiving
services. We estimate that 750 Indian professionals are providing these services today at rates
of $11 to $13 per hour.
2. Research services: These include statutory and case law research. Since much legal research
can be done using electronic databases, trained lawyers in India can sift through volumes of
data and provide focused results to US attorneys. We estimate that 100 Indian researchers
were providing these services today priced at $24 to $26 per hour.
3. Due diligence services: For most mergers and acquisitions, lawyers must examine large
amounts of data to verify the legal and financial status of the company that is being acquired.
Since most of this information is now available in electronic form, Indian lawyers and
researchers can set up a “virtual data room” and do the preliminary due-diligence for their US
clients. This research can involve, for example, confirming thousands of supplier agreements
as to whether they will remain valid after a “change of control” or whether each might lapse
after a certain period of time. Due diligence may also include checking of company books,
board resolutions and shareholder resolutions and to ensure that there are no surprises for the
acquiring company. We estimate that 50 Indian researchers were providing these services
during December 2005 at a price of $24 to $26 per hour.
4. Contract Drafting and Proof Reading of Contracts: US organizations require a large number
of contracts and agreements to be drafted, which include employee contracts, Non-Disclosure
Agreements, licensing agreements, supplier agreements, lease agreements, vendor
agreements, and distributor agreements. Since each agreement typically follows a standard
template, Indian lawyers can produce the initial drafts of such an agreements, which can be
then reviewed and modified by an attorney in the US. Furthermore, Indian lawyers can be
used for proofreading or “red-lining” documents and ensuring these documents follow the
guidelines provided by their client. For example, the Indian lawyers may check whether a
given NDA has a time limit,” after which the confidentiality of information need not be
maintained. We estimate approximately 50 Indian researchers were providing these services
in December 2005 at $24 to $26 per hour.
5. Document Discovery in Litigation: In most litigation cases, lawyers and paralegals have to
pore over large amounts of data as a part of “document discovery”. This process is often time
consuming and usually has a critical deadline. Hence, often the involved lawyers and
paralegals have to put in extreme hours or hire temporary staff to meet the deadline. Since
this work is “rule based” and often is electronic data (i.e. email, electronic documents and
scanned pages), some of this work is now being offshored to India. We estimate
approximately 50 Indian researchers are provide these services today at $24 to $26 per hour.
6. Intellectual Property Services: These services include patent application drafting, prior art
searching, patent proof reading, docketing, patent landscaping and patent valuation services.
Within the last three years, these services have grown quite rapidly in India and more details
about the growth of these services can be found in my article titled, “Offshoring of Patent
Drafting and Prosecution Services,” (IP Today, May 2005). We estimate approximately 300
Indian researchers are providing these services today at $40 to $50 per hour. Finally, many Indian offshore service providers have recently started providing similar services for trademarks.
Essentially the Electronic Document Management services within Legal Process Operations are quite
similar to other business processes because these services require some – but not necessarily deep –
knowledge of law in a given jurisdiction. However, the other five services require substantial domain
knowledge and a fairly deep understanding of the law. Furthermore, the some of these services are
very “qualitative” in nature wherein every word and every punctuation mark is crucial and where
culture and trends in a given jurisdiction can also be important.
With respect to the offshoring of legal services, the following four models seem to be emerging:
1. Captive Centers formed by US Law Firms and Their Subsidiaries: Currently, Indian law does
not allow “foreign” (i.e., non-Indian) law-firms to practice in India. Hence, some law firms in
the US and India are setting up subsidiaries so that they do not practice law in India but
provide legal and paralegal services only for export purposes. For example, Schwegman,
Lundberg Woessner and Kluth – a law firm headquartered in Minneapolis – has two captive
centers for a of its subsidiary, Intellevate, located in Delhi-Gurgaon and Bangalore.
Intellevate currently has over 80 professionals in India involved in prior art searching and
patent proof reading, and they will soon provide other IP related services. Other examples of
this include Fox & Mandal and ALMT Legal, two Indian based law-firms, and Patent Metrix,
an Irvine-California based law firm. Each of these has fewer than 25 professionals providing
legal and paralegal services from India.
2. Joint Ventures by US-based Firms: Rather than opening their own captive centers, several
US-based firms have joint ventures with firms in India. A good example is Cantor-Colbourn
Esq. who has joined hands with Lall and Sethi, Esq. in India. Similarly, a well-known legal
consulting firm in the US, Hilderbrandt International, recently tied up with an Indian services
company, OfficeTiger, to provide such services jointly. However, since statistically most
joint ventures fail – especially in India – one needs to be cautious while treading this path.
3. Third Party Vendors Providing Services to Law-Firms and In-house Corporate Attorneys: Evalueserve is a prime example of a third party provider and currently has over 100
professionals providing legal support services. Evalueserve hires Indian engineers and
lawyers and trains them to become proficient in US law and various USPTO, PCT and WIPO
rules and regulations. Integreon is another company that provides Electronic Document
Management services for the legal services industry and has approximately 80 professionals.
Examples of other Indian companies that have 20 or fewer professionals but that are
providing such services include Manthan Services, Lawwave, Lexadigm, Lexworks, Atlas
Legal Research, Bickel and Brewer, Quislex, Pangea3 and Mindcrest.
4. Captive Centers: General Electric that has more than 50 IP and other legal professionals
working within its center in Bangalore India, who are providing many of the services listed in
Section 2. Although some other large companies are also trying this model, we believe that
this model is unlikely to succeed unless the corresponding center can grow to at least 100
professionals. Captive centers smaller than 100 will be unable to provide good career paths to
its professionals who are likely to quickly leave, especially because the job market in India is
expected to remain “hot” for the next 4-5 years.
Of course, the reduced labor costs, and therefore the increased profit margins for the end-clients, are
the most compelling reasons for these clients to offshore legal services to low-wage countries such as India. Besides the reduced labor costs, there are some other important reasons why many organizations – large, medium and small – offshore some of the work:
1. Improving Quality: Because of substantially lower labor costs in India the Indian legal
professionals can take substantially more time in doing a unit of work, thereby, making the
additional end-deliverable more robust and complete. Since this deliverable is then reviewed
by a US attorney, such a deliverable is likely to have a better quality than a similar one
produced in the US because of the extra attention it has received.. For example, since Indian
companies charge between $40 and $50 per hour for patent drafting as compared to $175 to
$350 per hour in the US, the Indian professionals can spend as much as 100 hours in drafting
a patent application, which is then reviewed by an experienced US attorney, who can act as a
“patent examiner,” before the patent application goes to through the actual examination
process at USPTO.
2. Reducing Response Time: Offshoring also enables organizations to take advantages of
multiple shifts and time zone advantages, which is especially important for contracts, legal
research, electronic document management, document discovery, and in situations with strict
deadlines.
3. US Lawyers and Paralegals can Move Up the Value Chain: Since the work done by Indian
legal professionals is the same as that provided by a US associate with 2-3 years experience,
US lawyers can move up the value-chain and provide a broader array of services to their
clients. For example, if Indian lawyers do most of the drafting then the US lawyers can
provide more litigation services and spend more “face time” with their clients. Similarly, if
the Indian IP professionals perform patent drafting for in-house IP attorneys of a corporation
then these attorneys can spend more time with their R&D professionals and harvest more
inventions that may be worth patenting.
4. Ability to Send Overflow work: 98% of all US law-firms and legal service providers have
less than 20 attorneys, and in fact 76% have less than 4 attorneys. Many such firms are often
faced with “feast or famine” situations and often struggle with too much work or not enough
work. Since they cannot afford to keep a large workforce on their payrolls, they face massive
hardship when they get a large project that needs to be completed in a short period of time.
Such firms usually benefit a great deal by sending overflow work to offshore providers who
can provide a large number of reasonably experienced professionals with the right domain
expertise and at a reasonable cost. This can also help small and mid-sized law-firms level the playing field because it allows them to compete more effectively with larger US-based law- firms.
5. Extending Venture Capital Money: For most startups, the “cost of money” is the highest in
the initial stage, which is also the time when they need to patent their technology. Therefore it
is not surprising that a survey done by Evalueserve of 70 startups in the San Francisco Bay
Area in 2001 revealed that one-third of the startups would not even consider patenting their
technology if the total cost of a patent application exceeded $6,000. Hence, the offshoring of
the patent applications by the startup and its corresponding funding partners will allow the
VC dollars to have more of an impact.
6. Reducing the Law-Associate Churn: Law-associates’ churn occurs when junior lawyers
switch from one law-firm to another or when they open their own law-firm. Since most of
these junior lawyers remain in the same geographical neighborhood as the firm they left, this
churn is much worse than simple attrition because the firm may have actively contributed to
its competitor’s growth, or even created a new competitor. Equally important is the fact that
many law-associates – especially the more experienced ones –have their own clients and their
departure may also cause the corresponding movement of these clients to the firm’s
competitor. Hence, it is not surprising that most law-firms invest a substantial amount of
resources in reducing such churn. Indeed, the offshoring of various legal and paralegal processes can help in lowering this churn because the senior lawyers in the firm would require fewer junior lawyers.
The following are the main impediments associated with the offshoring of legal services:
1. The legal services industry has long had an aversion to risk. This is particularly true within the corporate legal area where stakes are very large. Here the general counsel and other in- house lawyers often only feel comfortable outsourcing work to known US based law-firms. Hence, this industry will be slow to embrace offshoring as a means of reducing cost and improving efficiency.
2. Since the cost of client acquisition in the legal services industry is rather large, many law-firms and solo practitioners try to maximize the number of billing hours from each client. However, when they have to outsource or offshore some of the work, then their ethics require them to reveal this to the client. Hence, sending work offshore clearly reduces the number of billing hours, and some times the law-firms can make up for the lost hours by
being more profitable but at other times they cannot!
3. Sending work offshore also raises the specter of the loss of confidentiality and although more and more research and development work is being done offshore, sending confidential material offshore causes the US lawyers to take pause .
4. Conflict of Interest issues are very important for law-firms, solo practitioners and in-house attorneys. And, most legal services providers in the US are bound by ethics and guidelines that incorporate Conflict of Interest issues. Hence, an appropriate framework needs to be created while working with any offshore provider, and this can slow the process of offshoring. In fact, the closer the work is to litigation (e.g., document discovery or patent
claim mapping), the more important the issues of confidentiality and conflict of interest
become.
5. Approximately 80% of the lawyers and paralegals in the US work for the government,
academia, non-governmental organizations, and law-firms with three or fewer lawyers. Since
the “unit” of work that can offshored by most of these organizations is less than one full-time
person per organization, it will be very costly for offshore service providers to market and
sell their services to this group. In fact, the “real” market for Indian offshore providers is the
larger law-firms with 10 or more lawyers and mid-sized and large corporations. Together
these form about 15% of the total US market and about $40 billion in revenue in 2005.
6. Currently, Indian law does not allow foreign (i.e., non-Indian) law-firms to practice in India.
Since India is a strong emerging market whose GDP has been increasing at 7% a year, and
since its legal system is similar to that of the US, many US-based law-firms are quite eager
to open their own subsidiaries in India. Once this happens, they will have an automatic
incentive to send work offshore in order to reduce costs and improve efficiency.
So, where as much as 10%-12% of Information Technology, banking, finance and insurance services
services may be offshored to India by 2015, the corresponding number in legal services is likely to be
1.2%. Because this percentage is so small, it is quite likely that some of the Indian service providers
mentioned above may not survive beyond the next 2-3 years.
Blog Written by
CEO, Chief Data Scientist at Scry AI
Author of the book The Fourth Industrial Revolution
and 100 Years of AI (1950-2050)
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If you have consented to our processing of your Personal Data, you have the right to withdraw your consent at any time, free of charge, such as where you wish to opt out from marketing messages that you receive from us. If you wish to withdraw your consent, please contact us using the information found at the bottom of this page.
You can make a request to exercise any of these rights in relation to your Personal Data by sending the request to our privacy team by using the form below.
For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information.
We may modify this Policy at any time. If we make changes to this Policy then we will post an updated version of this Policy at this website. When using our services, you will be asked to review and accept our Privacy Policy. In this manner, we may record your acceptance and notify you of any future changes to this Policy.
To request a copy for your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, we've made the process simple:
Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".
These terms of service are entered into by and between You and Scry Analytics, Inc., ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of www.scryai.com, including any content, functionality, and services offered on or through www.scryai.com (the "Website").
Please read the Terms of Service carefully before you start to use the Website.
By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.
Accept and agree to be bound and comply with these terms of service. You represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and, you agree if you access the website from a jurisdiction where it is not permitted, you do so at your own risk.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
You are solely and entirely responsible for your use of the website and your computer, internet and data security.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Website may provide you with the opportunity to create, submit, post, display, transmit, public, distribute, or broadcast content and materials to us or in the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, ratings, reviews, feedback, or personal information or other material (collectively, "Content"). You are responsible for your use of the Website and for any content you provide, including compliance with applicable laws, rules, and regulations.
All User Submissions must comply with the Submission Standards and Prohibited Activities set out in these Terms of Service.
Any User Submissions you post to the Website will be considered non-confidential and non-proprietary. By submitting, posting, or displaying content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display and distribute such Content for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.
We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statement or representations in your Content provided by you in any area in the Website. You are solely responsible for your Content related to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Website. User Submissions are not endorsed by us and do not necessarily represent our opinions or the view of any of our affiliates or partners. We do not assume liability for any User Submission or for any claims, liabilities, or losses resulting from any review.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Content; (2) to recategorize any Content to place them in more appropriate locations in the Website; and (3) to prescreen or delete any Content at any time and for any reason, without notice. We have no obligation to monitor your Content. Any use of the Website in violation of these Terms of Service may result in, among other things, termination or suspension of your right to use the Website.
These Submission Standards apply to any and all User Submissions. User Submissions must in their entirety comply with all the applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:
We have the right, without provision of notice to:
You waive and hold harmless company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the company and any of the foregoing parties relating to any, investigations by either the company or by law enforcement authorities.
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Submission Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.
We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
You understand and agree that your use of the website, its content, and any goods, digital products, services, information or items found or attained through the website is at your own risk. The website, its content, and any goods, services, digital products, information or items found or attained through the website are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
You acknowledge and agree that company or its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents or that any goods, services, digital products, information or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available or content are free of viruses or other harmful components or destructive code.
Except where such exclusions are prohibited by law, in no event shall the company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable under these terms of service to you or any third-party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including any damages for business interruption, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not the company was advised of the possibility of such damages.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this Website.
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ontario law. (If multiple jurisdictions, under applicable laws).
Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within 1 year(s) after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Your provision of personal information through the Website is governed by our privacy policy located at the "Privacy Policy".
The Website and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Scry Analytics Inc. 2635 North 1st Street, Suite 200 San Jose, CA 95134, USA. We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.
To request a copy for your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, we've made the process simple: