1. Ability and authority to use Services
You may only use the Services if you are at or above the age of majority. The age(s) of majority shall be defined by the state in which you reside and use the Services. If you use the Services on behalf of another person, business, or other entity, you are truthfully representing to us that you have authority to act on that other person, business, or other entity’s behalf.
2. We are not a lawyer or law firm
We are not a law firm. The Company is not a lawyer or a law firm and does not offer legal representation. The principals, directors, officers, employees, contractors, affiliates and agents of the Company are also not lawyers and do not provide any legal services. We do not employ the lawyers, law firms, paralegals or other providers (collectively, “Providers” and each a “Provider”) that may provide you with services, nor are they our agents. The Company allows consumers to communicate and transact with Providers for certain services, and in doing so we are simply a platform for making this connection. We are not involved in agreements between you and any Provider, and we will not be held liable for the actions or omissions of any Provider performing services for you. We will not be involved in any dispute that may arise between you and any Provider. Examples of the types of disputes we will not be involved with are the scope of services, quality of services, price of services, outcome of services, etc.
We are not an attorney referral service. The Company is not an attorney referral service. We do not select or endorse any individual Provider to service you. While we use commercially reasonable efforts to confirm the Providers are licensed attorneys, we do not make any warranty, guarantee, or representation as to the ability, competence, quality, or qualifications of any Provider. We do not warrant or guarantee that Providers are covered by liability insurance.
The Company does not vouch for any Provider. We do not endorse any Provider and do not sanction any statements made by any Provider. We make no representation concerning the qualifications of any Provider.
3. No guarantee as to quality
We do not guarantee the quality of services offered by the Providers. We make no representations, guarantees or predictions regarding the outcome of working with any Provider. The Providers are independent of and unaffiliated with the Company. Similar to you, they are third-party users of the platform who do not represent and cannot speak for the Company.
4. Information on site is not legal advice
All material published on our website and other platforms is for informational or educational purposes only and not for the purpose of providing legal advice. You should not exclusively rely on any information on our website in making any legal decisions. Every legal issue is unique, and you should communicate with an attorney directly for legal advice. Although we strive to keep the content on the website relevant and useful, we cannot guarantee that all of the content is complete, accurate, or current. As such, you should not rely on any information on our website, and should seek professional advice.
5. No formation of an attorney-client relationship
As the Company is not an attorney or law firm, any communication between you and us does not form an attorney-client relationship. This means that benefits and privileges from such a relationship, such as confidentiality and attorney-client privilege to list just two examples, do not apply when you are communicating with the Company, its officers, directors, employees, or agents. No attorney-client relationship between you and us or between you and any Provider is or may be created by your access or use of our website, the information contained on it, submitting a form, or otherwise contacting us.
Any information you voluntarily submit through the website, application, chat, email, or otherwise to us may not be considered confidential or privileged and may be subject to disclosure. Please do not send us any confidential information about any matter that may involve you or your business.
6. Intellectual property
You shall not upload, distribute, or otherwise make available content on the Services that you are not the exclusive intellectual property owner of. By uploading, distributing, or otherwise making content available to others via the Services, you are granting us an unlimited, non-exclusive, transferable, non-revocable license to use that content however we choose, with no restrictions. The content on the Services and the source code used to create the Services are protected by copyright, trademark law, or other intellectual property law. You are not allowed to download, redistribute, reproduce, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, or decompile any content on the Services for any purpose, whether commercial or noncommercial, without our prior written permission.
7. Information and warranty disclaimer
Some of the content on the Services is created by its users. While we may periodically discover patently false or misleading information and remove it, we do not check every piece of information for accuracy, currency, or completeness. YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
8. Indemnification, Limitation of liability
YOU AGREE TO PROTECT, DEFEND, INDEMNIFY, AND HOLD THE COMPANY AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, CONTRACTORS AND AGENTS (COLLECTIVELY, “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, JUDGMENTS, PENALTIES, LOSSES, COSTS, DAMAGES (INCLUDING INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AT ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) SUFFERED OR INCURRED BY US, INCLUDING, WITHOUT LIMITATION, ARISING FROM: (A) YOUR VIOLATION OF ANY OF THE PROVISIONS OF THIS AGREEMENT; (B) ANY SERVICES PROVIDED TO YOU; (C) ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS; (D) YOUR USE OF OR INABILITY TO USE THE COMPANY’S WEBSITES, APPS OR SERVICES AND/OR (E) THE COMPANY OR ANY INDEMNIFIED PARTY BEING NAMED AS A DEFENDANT IN AN ACTION BASED ON YOUR ALLEGED OR ACTUAL CONDUCT.
IN NO EVENT SHALL WE OR ANY OTHER INDEMNIFIED PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, SITE PERFORMANCE, SITE SECURITY, ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, DISCLOSURES OF ANY PERSONAL INFORMATION SUBMITTED THROUGH THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE CONSEQUENCES WERE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ANY INDEMNIFIED PARTY, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Accuracy of user information
You agree to provide us and the Providers with accurate and truthful information, including but not limited to your name, address, billing and payment information, contact information, and location.
10. Links to Third Party Sites; Third party offers
We may work with partners and affiliates whose websites are linked with our site and controlled by parties other than us (each a “Third-Party Site“). We are not responsible for and do not endorse the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes to those sites. We do not guarantee the content or quality of the products or services provided by Third-Party Sites. If you purchase services that include a Third-Party Service, the third party may contact you by email or phone with instructions on how to access your benefits, and you may be required to accept additional terms that are located on the Third-Party Site.
11. Third Party Disclosure
12. Use Restrictions
(A) You agree to not use the Services, or any of the services offered by the Providers, in any way that would commit, or attempt, aid, abet, or conspire to commit, any act or omission that is illegal in any relevant or applicable jurisdiction, either federal, state, or local. You agree to use the Services solely for your or your business’ use and to not disseminate any product or services to another person or entity. You agree further that you will not engage in any activity that interferes with any Service, its operation, security, or attempt to reverse engineer, decompile, disassemble, or modify any of the website’s source or object code or any software or other products, website, or processes accessible through any portion of the Services.
(B) You also agree that you will not monitor, gather, copy, or distribute website content (except as may be a result of standard search engine activity or use of a standard browser) on the website by using any ‘bot’ or similar tool, or manual process of any kind. You agree that you will not modify any website content, keep intact all trademark, copyright, and other intellectual property notices concerning any content on the site and will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, websites, or brands.
(C) We may immediately suspend or terminate the availability of the website and any content available on it, in whole or in part, for any reason, in our sole discretion, and without advance notice or liability.
14. Law and venue
This Agreement shall be applied and interpreted according to the laws of the State of Texas.
10. Arbitration and Class Action Waiver
(A) Consent to Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in Travis County, Texas, before a single arbitrator under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(B) Venue. Except to the extent that arbitration is required in subsection (A) of this section, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any dispute arising under this Agreement may only be instituted in state or federal court in Travis County, Texas. Accordingly, you and the Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.
(C) Injunctive Relief. The provisions of subsections (A) and (B) of this section will not apply to any legal action taken by the Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the website, any content, or the Company’s intellectual property rights (including such that we may claim that may be in dispute), or the Company’s operations.
(D) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
15. Modification and termination
The Company reserves the right to modify the terms of this Agreement at any time without prior notice to you. We will always post the most recent version of this Agreement on our website. By using any Service after a new version of this Agreement has been posted on our website you agree to be bound by any new or modified term. We also have the right, in our sole discretion, to terminate this Agreement in its entirety, or any of its terms, at any time without notice to you. We may also block your access to our site or any of our services at any time without notice to you.
16. Additional Terms
(A) International Disclaimer. The Company operates the Services from the U.S., and the Company makes no representation that the Services are appropriate or available for use beyond the United States. If you use the Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content.
(B) Interpretation. The summaries of provisions and section headings are provided for convenience only and shall not limit the full terms of this Agreement. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law theory that may permit a contract to be construed against its drafter. Wherever the word “including” is used in this Agreement, the word will be deemed to mean “including, without limitation.”
(C) Communications. When you communicate with us electronically, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(D) Assignment. The Company may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of the Company.
(E) No Waiver. No failure or delay by the Company in exercising any of its rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy.