Last Updated: 01-Feb-2016
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
ACCEPTANCE OF THESE TERMS
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
LawArmy reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. LawArmy will notify you of changes by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you by email. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
ADDITIONAL TERMS AND POLICIES
- "Platform" means all LawArmy websites, mobile or other applications, software, processes and any other services provided by or through LawArmy, including without limitation, integrations and applications created or developed by LawArmy or its Affiliates and made available by LawArmy (available at https://www.lawarmy.com/apps) which are expressly stated to be governed by these Terms.
- "Member" means a person who completes LawArmy's account registration process or a person who submits or receives a request through LawArmy, including but not limited to Provider Member and Customer Member.
- “Customer Member” means a Member who is registered to access the Platform, submit requests for proposals from Provider Member for providing legal services for a fee (“Jobs”), contract with Provider Member for additional work beyond the initial Job which established the Provider Member-Customer Member relationship, or otherwise uses the Platform to receive, pay for, or facilitate the receipt of Services. Provider Member may submit proposals (“Proposals”) for such Jobs and may also establish terms of the relationship with the Customer Member via a signed engagement letter or other written agreement.
- "Provider Member" means a Member who is registered to send Proposals for Jobs, may provide contracting or consulting work to Customer Member, communicates with Customer Member via the Platform, or otherwise uses the Platform to provide, receive payment for, or facilitate the provision of Services. Provider Member are not the employees or agents of LawArmy.
- "Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
- "LawArmy Content" means all Content LawArmy makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
- "User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, profile information, descriptions, postings, and reviews.
- "Collective Content" means User Content and LawArmy Content together.
ABOUT THE LAWARMY PLATFORM
LawArmy offers a Platform for collaboration and communication between legal professionals and Customer Members seeking legal help. The LawArmy Platform provides access to virtual community of Provider Members; collaboration and communication tools; job management tools; document management and storage solutions; and secure payment facility.
- LawArmy Is Not A Law Firm. LawArmy does not offer legal representation. LawArmy does not offer any legal advice, legal opinions, recommendations, referrals, or counseling. Provider Members are not the employees or agents of LawArmy. LawArmy is not involved in agreements between Customer Member or in the representation of Customer Member. At no point may LawArmy be held liable for the actions or omissions of any Provider Member performing any services for you.
- LawArmy Is Not An Attorney Referral Service. LawArmy is not an attorney referral service. LawArmy does not select or endorse any individual Provider Member to service a Customer Member. While LawArmy uses commercially reasonable efforts to verify that our Provider Member are licensed attorneys (i.e., Verified Provider Member), we do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any Provider Member, whether a registered or Verified Provider Member. LawArmy does not warrant or guarantee that Provider Member are covered by professional liability insurance. LawArmy encourages Customer Member to research any Provider Member before accepting professional advice.
- LawArmy does not vouch for any of its Members. Providing a service where potential clients and legal professionals can meet does not imply an endorsement of any subscribing attorney or service provider. LawArmy does not sanction statements an attorney may post on the system. LawArmy makes no representation concerning the qualifications of non-attorney legal service providers.
- LawArmy Does Not Guarantee Results. From time to time, Customer Member may submit reviews of Provider Member and vice-versa; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. LawArmy will have no responsibility or liability of any kind for any User-Generated Content or legal advice you encounter on or through the Website, and any use or reliance on User-Generated Content or legal advice is solely at your own risk.
- Use of LawArmy Does Not Create An Attorney-Client Relationship With LawArmy. LawArmy does not offer legal advice or services. Any use of the LawArmy Service is not intended to, and does not, create an attorney-client relationship. Any communication via LawArmy may not be held confidential. LawArmy is not liable for the actions or omissions of any Provider Member performing consulting services for you.
ELIGIBILITY; PROVIDE MEMBER REPRESENTATIONS AND WARRANTIES
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
By registering or using the Platform to offer, post or provide legal services, Provider Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their legal services and in relation to the specific job they are performing. Provider Members understand and agree that sending a proposal does not guarantee the proposal will be read, and using the Platform does not guarantee they will be hired for work.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using your existing Linkedin account, Google+ account and log-in credentials or any other Third-Party login integration that LawArmy provides (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your LawArmy password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify LawArmy immediately of any unauthorized use. LawArmy is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of LawArmy or others due to such unauthorized use.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, LawArmy grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LawArmy or its licensors, except for the licenses and rights expressly granted in these Terms.
Provider Members are independent legal professionals who offer to perform services for prospective Clients. They are not employees of LawArmy.
- No Attorney-Client Relationship through Platform Use. Use of the LawArmy Platform may not form an attorney-client relationship with Provider Member. Information posted or made available on or through the Platform, including, without limitation, any responses to legal questions posted on the Platform; information in various Guides and Documents; information posted publicly on the Platform; or information sent in an unsolicited message to a Customer Member is not intended as legal advice, is not confidential, and does not create an attorney-client relationship. It is considered User-Generated Content.
- Attorney-Client Relationship through Platform Use. An attorney-client relationship may be formed through the use of the Platform between Customer Member and Provider Member only. Customer Member may post Jobs through the Platform. Provider Member may submit Proposals and negotiate details of these Jobs prior to acceptance. Upon acceptance, the scope of a Provider Member’s representation is strictly limited to the matter agreed upon in the Proposal unless Customer Member and Provider Member subsequently formalize their arrangement via a signed engagement letter or other written agreement, in which case the most recent written agreement would take precedence over a previously accepted proposal. A Proposal is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon information contained in a Proposal as legal advice. LawArmy takes every reasonable effort to ensure the privacy of Proposals and other personal messages on our Platform, but it cannot guarantee confidentiality. Communications requiring confidentiality should take place outside the LawArmy Platform, such as via telephone.
- User Responsibilities. Provider Members are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Platform, including without limitation User-Generated Content, and any communications they may have with prospective clients through the Platform, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.`
- Payment of Provider Members. Certain specific terms govern Provider Members and payment.
- LawArmy Is Not A Party To Contracts. Customer Member may contract with Provider Member through posting and acceptance of Jobs. Such contracts are solely between the Customer Member and the Provider Member. LawArmy will not be a party to any contracts for Jobs submitted through our Platform, unless posted by an LawArmy officer. LawArmy facilitates these contracts by supplying a platform for communication management and payment tools.
- All Legal Fees Are Paid To Provider Members. LawArmy does neither provide nor charge for legal services. LawArmy may charge a transaction fee for each Job facilitated by LawArmy for providing the LawArmy Platform to our Members
- Provider Members Must Receive Payment Through The Platform. For All Customer Member Transactions. Provider Members who receive Jobs through the Platform must receive payment through the Platform relating to that Customer Member. LawArmy will terminate a Provider Member’s access to and use of the Platform if such Provider Member is found to be accepting payment outside the Platform for clients found through the Platform.
- Use of Coupons Does Not Imply An Attorney-Client Relationship. From time to time, Customer Member will have access to discounts supplied by the Platform which, in part, use LawArmy funds to pay for a portion of the legal fees paid by Customer Member to Provider Member. The use of such coupons does not imply any attorney-client relationship between LawArmy and the Provider Member where a coupon is used for any paid billings from a Customer Member.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to LawArmy a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by LawArmy in public advertising. In the interest of clarity, the license granted to LawArmy shall survive termination of the Platform or your Account. With the exception of Feedback, LawArmy does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to LawArmy the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or LawArmy's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that LawArmy may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms.
LawArmy reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, you may not:
- Use another person's Account, misrepresent yourself or Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a Proposal request, or post Content in any inappropriate category or areas on the Platform;
- Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without LawArmy's prior written approval;
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
- Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. LawArmy reserves the right to revoke these exceptions either generally or in specific cases;
- Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm LawArmy or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee structure, billing, or Fees owed;
- Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
- Recruit, solicit, or contact in any form Provider Member or Customer Member for employment or any other use not specifically intended by the Platform;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory; advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Advertise or solicit a Service not related to or appropriate for the Platform including, but not limited to any Service that (a) is not in supported categories or provides only products; (b) competes with the business of LawArmy; or (c) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways.
- Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-LawArmy mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on LawArmy, (b) offers to purchase any Service outside of LawArmy, or (c) using a profile page or user name to promote services not offered on or through the Platform;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- Fail to perform Services purchased from you as promised, unless the Customer Member fails to materially meet the terms of the mutually agreed-upon agreement for the Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Member's identity;
- Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods not specifically approved by LawArmy;
- Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
- Agree to purchase a Service when you do not meet a Provider Member's requirements;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
- Attempt to indirectly undertake any of the foregoing.
LAWARMY FEES AND TAXES
In connection with use of LawArmy's Platform, LawArmy charges certain Fees ("LawArmy Fees" or "Fees"). LawArmy may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if LawArmy cannot charge a credit card, PayPal or other payment method for any reason, LawArmy reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by LawArmy or by anyone on its behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that LawArmy may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Provider Member or Customer Member.
PAYMENT AND TRANSACTIONS
- Payment Process. Payment will be processed as specified in the proposal and/or invoice and agreed upon by the Customer Member and the Provider Member. When a Job (or a segment thereof as pre-agreed in writing by the Customer Member and the Provider Member) is marked as completed by the Provider Member, LawArmy will inform the Customer Member that the Job (or a segment thereof as pre-agreed in writing by the Customer Member and the Provider Member) is complete. The Customer Member must then pay the agreed-upon amount or request changes. If the Customer Member has taken no action after 7 days, LawArmy will have the right to charge the Customer Member's credit card, bank account, or PayPal account for the full amount of the agreed-upon fee or undisputed invoice, in addition to LawArmy’s processing fee, if any. The Customer Member may submit disputes over payment to [email protected] provided that he or she adheres to the other conditions set forth in these Terms.
- Responsibility for Payment. You are responsible for all fees, including taxes, associated with your use of the Platform. By using the Platform, you agree to pay the Provider Member through LawArmy the amount agreed on in the Proposal or undisputed invoice, unless you dispute the matter by sending an email to [email protected] and adhere to the other conditions set forth in these Terms. You are responsible for providing us with a valid means of payment.
- LawArmy’s Responsibility. LawArmy agrees to present you with a full invoice of each charge in advance of charging your credit card or PayPal account. LawArmy agrees to pay the applicable Provider Member the amount received, less LawArmy’s processing fee, if any.
- Payment Authorization. By agreeing to these terms, you are giving LawArmy permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize LawArmy to satisfy. Depending on your Proposal specifications, LawArmy may charge you on a one-time or recurring basis. You authorize LawArmy to charge you the full amount owed to any Provider Member via the Platform, as well as LawArmy’s processing fee, if any. For the avoidance of doubt, in the event that in a particular instance a Provider Member only uses the Platform to invoice you for legal services other than those which are the subject of a Proposal or other offerings on the Platform, by placing your credit card or PayPal account on file with LawArmy or our third party payment processor, you acknowledge and agree that the payment terms set forth in this Section shall apply.
- Processing Fee Authorization. An applicable processing fee may be applied to payments to Provider Member prior to deposit in their bank account. By agreeing to these terms, you are giving LawArmy permission to charge this fee and are fully aware that it is part of the transaction between yourself and the Provider Member.
DATA PRIVACY AND SECURITY; CONFIDENTIALITY
LawArmy will implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any Account Information, and other sensitive data or information you provide us. Such safeguards will include, without limitation and at a minimum, an information security program that meets the standards of industry practice to safeguard your Account Information and other sensitive data and information you provide us. LawArmy will promptly notify you or your employer (as applicable) following discovery of a breach incident or the compromise of the security, confidentiality, or integrity of any of the data and information you provide us, including Account Information. LawArmy will comply with all notification obligations, including as to the cost, timing, and content of providing notice to any affected individual, as may be required by relevant state and federal law.
From time to time, we may make available software to access the Platform via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. We do not warrant that the Mobile Software will be compatible with your mobile device. You agree that you are solely responsible for any mobile data usage or other similar charges incurred by you in connection with the Mobile Software. Subject to the terms and conditions of this Agreement, LawArmy grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one LawArmy account on one mobile device owned or leased solely by you and in accordance with the features made available to you. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that LawArmy may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and LawArmy or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
Mobile Software from the Apple App Store
The following applies to any Mobile Software you acquire from Apple’s App Store (“App Store-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and LawArmy, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to LawArmy as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to LawArmy as provider of the software.
You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, LawArmy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and LawArmy acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.
Mobile Software from Google Play Store
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and LawArmy only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) LawArmy, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to LawArmy’ Google-Sourced Software.
DISPUTES BETWEEN OR AMONG USERS
LawArmy values our Provider Members and Customer Members, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Provider Member or a Customer Member cannot be resolved independently, you agree, at LawArmy's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation or arbitration processes conducted by LawArmy or a neutral third party mediator or arbitrator selected by LawArmy. Notwithstanding the foregoing, you acknowledge and agree that LawArmy is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
INTELLECTUAL PROPERTY RIGHTS
LawArmy Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, LawArmy and its licensors exclusively own all right, title, and interest in and to the Platform and LawArmy Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of LawArmy used herein are trademarks or registered trademarks of LawArmy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
You acknowledge and agree that all feedback, comments, questions and suggestions ("Feedback") you provide to LawArmy are the sole and exclusive property of LawArmy. You hereby irrevocably assign to LawArmy and agree to irrevocably assign to LawArmy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. LawArmy shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to LawArmy, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
LawArmy complies with the Digital Millennium Copyright Act’s safe harbor provisions. We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.
If you believe that material located on or linked to by LawArmy violates your copyright, please notify LawArmy in accordance with our Digital Millennium Copyright Act Policy.
- Termination of Repeat Infringer Accounts. LawArmy respects the intellectual property rights of others and requests that our Members do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of LawArmy or others. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
- DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to LawArmy’s designated copyright agent at 46746 Crawford St, Unit 1A, Fremont, CA 94539.
- Response To DMCA Take-Down Notices. If LawArmy takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to LawArmy. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as LumenDatabase.org
- Counter-Notices. If you believe that your User-Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to LawArmy’s copyright agent using the contact information set forth above.
- Response to DMCA Counter-Notices. If a counter-notice is received by LawArmy’s copyright agent, LawArmy may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
LawArmy does not endorse any Provider Member, Customer Member or any Services, and LawArmy is not a party to any agreements between or among Customer Member, Provider Member or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any Customer Member’s or Provider Member’s use of any part of the Platform, including but not limited to any scheduling or other services. Neither LawArmy nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although LawArmy may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific LawArmy services they are using or any involvement by LawArmy personnel in providing or scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" , “verified” or “platinum”, "gold", "silver", or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by LawArmy and is not verification of their identity and whether they or their services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. LawArmy is not responsible for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by LawArmy. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from LawArmy with respect to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, LawArmy may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and LawArmy, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, terminating your Account, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your LawArmy Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from LawArmy support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any compensation for Platform services or Services cancelled or delayed or as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by sending an email to LawArmy support team from your registered email address. We shall send a confirmation email about your account cancellation on successful processing of the request. Unless such time, your account shall remain active and you may continue to use the Platform as per these Terms. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and LawArmy agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with LawArmy as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach LawArmy's support department at [email protected]. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the LawArmy support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For residents outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and LawArmy agree to submit to the personal jurisdiction of any federal or state court in Fremont County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LAWARMY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on LawArmy) written notice of your decision to opt out to [email protected] with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Platform, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, LawArmy also will not be bound by them.
Changes to This Section: LawArmy will provide thirty (30) days' notice of any changes to this section by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on LawArmy.com or sent to you by email. Changes will apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
The Terms and the relationship between you and LawArmy shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against LawArmy that is not subject to arbitration must be resolved by a court located in Fremont County, Fremont, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Fremont County, California, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE PLATFORM, SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT LAWARMY DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION OR BACKGROUND ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO PROVIDER MEMBER AND CUSTOMER MEMBER. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LAWARMY AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. LAWARMY MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LAWARMY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. LAWARMY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LAWARMY OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBER, PROVIDER MEMBER OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT LAWARMY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY SERVICES. LAWARMY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. LAWARMY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LAWARMY OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER LAWARMY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LAWARMY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF LAWARMY AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO LAWARMY BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold LawArmy and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Force Majeure: Other than payment obligations, neither LawArmy nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that LawArmy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, LawArmy or Provider Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from LawArmy or Provider Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to [email protected] with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device.
Waiver: No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and LawArmy's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to [email protected], or by writing to LawArmy, 46746 Crawford St, Unit 1A, Fremont, CA 94539.