TERMS OF USE – LEGAL PROFESSIONAL

 

PLEASE READ THESE TERMS OF USE (THE “AGREEMENT” OR THE “TERMS OF USE” OR “TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY LAW-YOUR.COM, LLC d/b/a Law-Your, a DELAWARE LIMITED LIABILITY COMPANY (HEREINAFTER “LAW-YOUR”, “OUR”, “WE”, OR “US”). 

 

In order to provide our Services (as defined below) through our apps, features, software, or website (hereinafter the “App”), we need to obtain your agreement to these Terms of Service (“Terms”) which may affect your rights and expectations with respect to usage of the Services.  As used herein, “User” or “You” shall mean the user of our App or the Services.

 

ABOUT OUR SERVICES

 

 

 

 

 

 

 

NO ACCESS TO EMERGENCY SERVICES: There are important differences between our Services and your mobile phone and a fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. We offer a specific Service, as defined herein, allowing you to provide Professional Advice sometimes on an urgent basis via video call or alternative assistance, and other times on an as convenient basis.  This Service is not intended to be in place of contacting the police or a hospital if a Client is in physical danger or otherwise physically injured.

 

IF YOU ARE A USER LOCATED IN THE UNITED STATES, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, WE AND YOU AGREE TO RESOLVE ALL DISPUTES (DEFINED BELOW) THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE "SPECIAL ARBITRATION PROVISION FOR UNITED STATES USERS" SECTION BELOW TO LEARN MORE. 

 

 

  1. Contractual Relationship.  We provide you a personalized platform (previously defined as the “App”) that enables you to conveniently give Professional Advice to Clients that are Users of the App. These Terms govern your access or use, from within the United States and its territories and possessions, of the App and any related content or services (collectively, the “Services,” as more fully defined below) made available in the United States and its territories and possessions by us, and our subsidiaries, representatives, affiliates, officers and directors. 

 

By accessing or using the App, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App or the Services or provide Professional Services through the App. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.

 

We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services and/or the App.  

 

By using the Services, you consent to receive all of our communications, including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. We may provide the electronic Contract Notices by posting them on the App or directly emailing you to an email address you provide in the registration process.

 

  1. Registration. In order to use most aspects of the Services, you must register for and maintain an active personal Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You must be a current licensed attorney in good standing in the jurisdiction in which you are providing the Professional Advice, and must maintain professional liability (i.e. malpractice) insurance, which includes Us as an additional insured.  You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration requires you to submit to us certain personal information, such as your name, address, mobile phone number, picture, age, a W-9 which includes your Employment Identification Number (EIN) or a Social Security Number, plus any other information reasonably requested by Us, including at least one valid payment method supported by us. For more information regarding our use of your personal information, please see our Privacy Notice currently available at www.law-your.com/privacy-policy. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, or failure to confirm insurance and licensure, may result in your inability to access or use the Services and a termination of this Agreement at our sole discretion. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times as well as any Professional Advice you give. Unless otherwise permitted by us in writing, you may only possess one Account.  You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.  You agree to share your information with any Licensed Professional for the purpose of receiving the Services.

 

  1. Text Messaging and Telephone Calls.  You agree that we, and our subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with an Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from us at any time, either by replying “STOP”, texting the word “STOP” or “UNSUBSCRIBE” to any message you receive, or by contacting us electronically to support@law-your.com. If you do not choose to opt out, we may contact you as outlined in our User Privacy Notice, located at www.law-your.com/privacy-policy.  You agree that we may contact you using any of the phone numbers you provided in connection with an Account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.

 

  1. Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.

 

  1. Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.  The Services cannot be used without such plans.  You are also responsible for collecting and remitting taxes on any of the Professional Advice you provide.

 

  1. Privacy Policy And User Data  We care about your privacy. Our privacy policy www.law-your.com/privacy-policy describes our data (including message) practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.

 

  1. Payment/Charges.  You understand that use of the Services may result in charges to you for the services or goods you receive from us (“Charges”). We will enable your payment of the applicable Charges for services obtained through your use of the Services.  Charges will include applicable taxes where required by law, but payments to You shall be subject to your own taxes, for which you will remain responsible. Charges may include other applicable fees such as service fees, cancellation fees, or government-mandated fees. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

 

All Charges and payments will be enabled by us using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your Account, if available, or otherwise cancel the Services. Charges paid by you are final and non-refundable, unless otherwise determined by us.

 

As between you and us, we reserve the right to establish or adjust Charges for any or all Services at any time. We will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.

 

If you think a correction should be made to any Charge you incurred, you must let us know in writing within 30 days after the Charge took place or we will have no further responsibility and you waive your right to later dispute the amounts charged.

 

Additionally, if you fail to comply with these Terms, you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.

 

  1. Ethical Considerations.  By agreeing to these Terms, you confirm that you have reviewed and understand your ethical obligations under the rules of professional conduct in your licensing jurisdiction(s). Licensed Professionals may only provide legal advice to Clients located in jurisdictions where they are properly licensed and authorized to practice law.  It is the responsibility of each Licensed Professional to determine and explain to the Client whether and when an attorney-client relationship has been established, to conduct conflict checks, and to define the scope and terms of the representation.

 

 

  1. Disclaimers; Limitation of Liability; Indemnity.

 

Disclaimer.

 

THE APP AND ITS CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE APP OR THE SERVICES YOU MAY PROVIDE THROUGH THE APP, OR THAT THE SERVICES YOU PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, ABILITY OR CAPABILITY OF THE APP. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR PROVISION OF SERVICES THROUGH THE APP REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

 

Limitation of Liability.

 

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF OUR NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR PROVISION OF SERVICES THROUGH THE APP; or (ii) YOUR INABILITY TO PROVIDE SERVICES THROUGH THE APP; OR (iii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A CLIENT/PATIENT.  WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. 

 

THE SERVICES MAY BE USED BY YOU TO FACILITATE MEETING WITH CLIENTS/PATIENTS, BUT YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED BY YOU.

 

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION SET FORTH BELOW.

 

Indemnity.

 

You agree to indemnify and hold us and our affiliates and our officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) our use of your User Content; (iv) your violation of the rights of any third party, including Third-Party Providers; (v) your negligence in providing Professional Advice or services to other Users, including any claims for professional malpractice, or similar negligence (whether gross or not), or not within reasonable professional standards.

 

  1. Special Arbitration Provision For United States

 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES USERS. IF YOU ARE A USER LOCATED IN THE UNITED STATES, YOU AND WE AGREE TO SUBMIT ALL DISPUTES TO BINDING INDIVIDUAL ARBITRATION, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU WAIVE YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. FINALLY, YOU MAY BRING A CLAIM ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON, OR CLASS OF PEOPLE. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN, OR HAVE YOUR DISPUTE HEARD AND RESOLVED AS, A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

 

"Excluded Dispute" means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents) or efforts to interfere with our Services or engage with our Services in unauthorized ways (for example, automated ways). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

 

Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this "Special Arbitration Provision For United States " section, including any question whether a Dispute between you and us is subject to arbitration.

 

Agreement To Arbitrate Users Located In The United States. For Users who live in the United States, we and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. We and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. We and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.

 

Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your (a) name; (b) residence address; (c) username; (d) email address or phone number you use for your account; (e) a detailed description of the dispute; and (f) the relief you seek. Any Notice of Dispute you send to us should be electronically mailed to support@law-your.com. Before we commence arbitration, we will send you a Notice of Dispute to the email address you provide, or other appropriate means. If we are unable to resolve a dispute within sixty (60) days after the Notice of Dispute is received, you or we may commence arbitration.

 

The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. Issues relating to the scope and enforceability of the arbitration provision are for a court to decide. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.

 

Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (a) the date that you first accepted our Terms; and (b) the date you became subject to this arbitration provision. You must use this email address to opt-out: support@law-your.com.

 

You must include: (i) your name and residence address; (ii) the mobile phone number associated with your account; and (iii) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.

 

Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.

 

No Class Actions, Class Arbitrations, Or Representative Actions For Users Located In The United States. We and you each agree that if you are a User located in the United States, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute. If there is a final judicial determination that any particular Dispute (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that Dispute (or only that request for relief) may be brought in court. All other Disputes (or requests for relief) remain subject to this provision.

 

Place To File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree that this Agreement shall be governed by Michigan law, and any claims relating to the Services or this Agreement shall be brought in a  court of competent jurisdiction in Oakland County, Michigan and you agree such court has personal jurisdiction over you, and further that you waive any defense or argument for forum non conveniens.

 

  1. Content and Licenses.  You agree that the Services contain content provided by us and may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

 

  1. Copyright Dispute Policy.  Under the Digital Millennium Copyright Act (the “DMCA”), online service providers such as us have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

 

  1. Proprietary Rights.  We own and retain all proprietary rights in the Site, its logo, the Service and all material and information received from the you (“Content”). The Site contains our copyrighted material, trademarks and other proprietary information. You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without our express written permission.

 

  1. Termination.  All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

We reserve the right to terminate or suspend your access to some or all of the Services, effectively immediately, if you engage in activities that we conclude, in our discretion, breaches these Terms or the Privacy Policy.  

 

If an account is terminated, you will lose access to all stored information related to the Services, unless you separately download same for a reasonable fee.

 

  1. Force Majeure; No Partnership; No Third Party Beneficiaries.  We shall not be liable for any failure to perform out obligations hereunder where the failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. Except as expressly provided in these Terms, there shall be no third-party beneficiaries to the Services.

 

  1. Membership Fee.  You agree that you will pay a Membership Fee in an amount determined when you register for the Services.  The Membership Fee is used for the purpose of creating an avenue for you to communicate with Clients as well as giving you an opportunity to service Clients with legal questions in your area of practice.  The Membership Fee is not a referral fee.  You agree and understand that a Client may be directed to a number of Licensed Professionals that meet the same skillset as you, and the App is designed to allow you and the Client to pick each other. We do not provide preferential treatment to any Licensed Professional unless otherwise agreed in the Plan in which you participate.

 

  1. Non-Employment/Independent Contractor Relationship.  You agree that you are not our employee, and nothing in this Agreement shall be construed to create a joint venture, partnership, or any other sharing arrangement between us other than as set forth expressly herein.  Instead, you are an Independent Contractor, and are free to work on any other matters not in ethical conflict with your duties as a Licensed Professional.