Terms of Use

TERMS OF USE

Effective Date: January 14, 2013

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR OUR SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS OF USE DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. YOU CANNOT USE THIS WEB SITE AND SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE.


I. Preamble and Definitions

These Terms of Use and all terms, rules, guidelines, policies, or disclosures incorporated by reference (hereinafter "Terms") apply to your access to, or use of, the web site and services (hereinafter "Services") provided by Rocket Lawyer Incorporated and Law Pivot Inc. (hereinafter "Company"), located at www.lawpivot.com (hereinafter "Website").


We are excited to announce that Rocket Lawyer Incorporated has recently acquired Law Pivot Inc., along with the Website and the Services. These Terms apply to your access to and/or use of the Website and the Services provided or otherwise made available by Company.


All content and other materials therein, including, without limitation, all media, designs, text, graphics, pictures, illustrations, reviews, information, data, software, sound files, other files and the selection and arrangement thereof are collectively, and hereinafter, referred to, as the "Site Materials." Content generated by a user of the Website or any Services or generated by a third party are hereinafter referred to as "LawPivot User or Third Party Content". Law Pivot, LawPivot, Lawpivot, www.lawpivot.com, lawpivot.com, Company logo and letterhead, site design, look and feel, layout, and any and all custom graphics or interface, and any trademarks, trade dress, service names, or slogans contained within the Website are hereinafter referred to as "Company Marks".


Users of the Website and any Services consist of, but are not limited to, individuals, sole proprietorship(s), general partnership(s), limited partnership(s), corporation(s),"S" corporation(s), limited liability company or companies, or unincorporated association(s) (hereinafter "Business Organization") allowing its agent(s), employee(s), consultant(s), or contractor(s) (hereinafter "Agent") to ask question(s) and to be able to receive answer(s) from an attorney(s) who uses and/or participates on the Website and any Services (hereinafter "Question and Answer Services") in which, among other things, the attorney(s) can invite or allow an Agent(s) of any Business Organization(s) to initiate a communication exchange with the attorney(s) for the purpose of retaining the attorney(s) or securing legal information, general information or services from the attorney(s) in the attorneys' professional capacity (hereinafter "Participating Attorney").


The Question and Answer Services collectively includes without limitation both the Confidential Question and Answer Service and the Public Question and Answer Forum both as defined below.


If you are using the Website or any Services and are affiliated with a Business Organization or an authorized Agent who has been designated during the registration process by a Business Organization to represent Business Organization and, among other things, to ask question(s) and to be able to receive answer(s) from Participating Attorney(s), you are herein referred to as "Registered Agent", and all provisions hereunder pertinent to Registered Agent apply to you. If you are accessing and using the Website and any Services as a Participating Attorney, all provisions herein pertinent to Participating Attorney apply to you. Registered Agent, Participating Attorney, or any Website visitor are collectively hereinafter referred to as a "LawPivot User", and all provisions herein pertinent to a LawPivot User apply to you.


"Confidential Communications" consist of the text of questions, answers, and responsive communications between a LawPivot User and Participating Attorney(s) conducted over certain designated, private portions of the Question and Answer Services portions of the Website or any Services. Company provides a confidential question and answer communication service (hereinafter "Confidential Question and Answer Service") where certain content and other materials submitted for publication and transmission by LawPivot User will be treated as Confidential Communications, privately directed and sent to Participating Attorney(s) which LawPivot User selects to receive such content and materials, and be made invisible to the public and other general LawPivot User(s) and other Participating Attorney(s).


Website and any Services also include a publicly visible website forum, which is not private, where any LawPivot User can initiate discussions and may seek to publish questions and their responses (hereinafter "Public Question and Answer Forum").


By using the Confidential Question and Answer Service, LawPivot User acknowledges and agrees that a Participating Attorney may publish generalized questions and generalized answers related to received Confidential Communications, with all confidential information redacted and modified, in the Public Question and Answer Forum for the benefit of the Law Pivot community. Such generalized questions and generalized answers shall not constitute "Confidential Communications." "Non-Confidential Information" is all communications and content on the Website or on any Services that are not Confidential Communications. For example, Non-Confidential Information includes, but is not limited to, information identifying the sender and recipient of Confidential Communications, the subject of Confidential Communications, the names of any adverse or involved parties associated with Confidential Communications and its accompanying Non-Confidential Information, and submissions, posts, comments, and their associated information submitted for publication on or actually published on the Public Question and Answer Forum. All information, both Confidential Communications and Non-Confidential Information, will be protected in accordance with Company's Privacy Policy.


Prevailing laws, rules, and regulations are hereinafter referred to as "Laws". The country, state, territory, court, or administrative agency where its Laws would govern the substantive matter ask, raised, or communicated by LawPivot User in its communication to Participating Attorney(s) on the Website and any Services, and/or the country, state, territory, court, or administrative agency where a Participating Attorney is licensed to practice law are both hereinafter referred to as "Jurisdiction."


II. Approval to Use Certain Features of Website and Services

LawPivot User's ability to use certain features of the Website and Services as a LawPivot User, including without limitation Question and Answer Services, is subject to Company approval. Company may approve, at its sole discretion, LawPivot User to use such portion of the Website and Services when (i) LawPivot User has provided sufficient information or credentials about such LawPivot User to allow Company to a perform a background check on such LawPivot User, and (ii) Company completes a background check on such LawPivot User to Company's sole satisfaction.


LawPivot User agrees to waive any and all claims or any objections against Company, and agrees to respect and to not contest the final decision of Company to deny and not approve LawPivot User the ability to use any such features of Website and any Services.


III. No Sharing of LawPivot User Account

Each LawPivot User account on the Website and any Services can only be used by the LawPivot User who registers during such LawPivot User's initial registration process. If another individual, Agent, Business Organization, lawyer, or law firm wants or requests to use the Website and Services under an existing LawPivot User's account, such LawPivot User must not share his or her account and should direct such individual, Agent, Business Organization, lawyer, or law firm to register for their own Website and Services account. Should Company discover on its own that a LawPivot User is sharing his or her LawPivot User account with another individual(s), Agent(s), Business Organization(s), lawyer(s), or law firm(s), Company reserves the right to suspend or terminate LawPivot User's account immediately and without prior notice.


IV. Prohibitions on Use

LawPivot User can only use the Website and any Services if any such Services do not conflict with or violate the Laws of the Jurisdiction(s). Company does not intend for LawPivot User to access or use the Website and Services if it is prohibited by the Laws of the Jurisdiction(s). Any availability of the Website and Services in the Jurisdiction(s) is not an invitation or offer by Company to access or use the Website and any Services in which LawPivot User's access and usage will violate any Laws of the Jurisdiction(s). By using the Website and any Services, you or any LawPivot User accept sole responsibility for confirming that you or LawPivot User's use or access to the Website and any Services does not violate any Laws of the Jurisdiction(s).


V. Conduct and Responsibilities

LawPivot User must use the Website and any Services for only lawful and legitimate purposes. Do not take any action(s) or post any content that violates or infringes the rights of others, including but not limited to the intellectual property rights of others, or that otherwise violates the law. Do not post content on the Website and any Services that is irrelevant to or inappropriate for the surrounding content or for the Website and any Services, deliberately hostile, threatening, insulting, provocative, bigoted, abusive, defamatory, libelous, obscene, or incites violence, promotes illegal activity, contains graphic violence or nudity, or creates or poses security or privacy risks to Company or any LawPivot User or other third party. Personal and commercial attacks, bullying, and hate speech are expressly forbidden. Do not falsely state, impersonate, or otherwise misrepresent LawPivot User's identity, such as using a pseudonym. Do not abuse the Website's Question and Answer Services or feedback features by submitting inappropriate referrals, comments, or suggestions. Do not misrepresent LawPivot User's current or previous positions and qualifications, or LawPivot User's affiliation with a person, organization, association, or entity, past or present. Do not engage in any other activity that denigrates Company, the Website or any Services. Such activity includes, without limitation, posting links to sites that contain viruses or malicious programs, using automated means (e.g. viruses, bots, robots, spiders, scrapers, or any other computer code) to collect any Site Materials or LawPivot User or Third Party Content, or engaging in any activity that can interfere with or burden the operation of Company, or Website or any Services. Do not engage in bad faith excessive usage or abuse of Website and any Services as bad faith excessive usage or abuse may result in temporary or permanent suspension of LawPivot User's account, to be determined by Company in its sole discretion.


LawPivot User must not use the Website or any Services to commit, engage in, or abet wrongful or illegal activity. LawPivot User acknowledges that any willful violation of any of the foregoing will subject LawPivot User to civil and/or criminal liability.


Any violation of the foregoing is a material breach of the Terms and can be grounds for termination of LawPivot User's account.


Although Company takes commercially reasonable efforts to initially verify that Participating Attorney who holds him or herself out as a licensed attorney is in fact licensed to practice in the Jurisdiction(s) which he or she may claim based on certain limited information provided by Participating Attorney, by continuing to use the Website or any Services, LawPivot User assumes responsibility to independently ensure and verify all of the following: the Participating Attorney(s) whom LawPivot User interacts with are indeed licensed and are in good standing in the relevant Jurisdiction(s) where LawPivot User is seeking legal help, and are in fact qualified to handle LawPivot User's legal matter. Also, LawPivot User agrees to be solely responsible for his or her use and reliance upon any Site Materials, LawPivot User or Third Party Content, or any decision(s) LawPivot User makes or action(s) or omission(s), and its outcome(s) as a result of accessing and using the Website and any Services.


Special Provisions Applicable to Participating Attorney

To use this Website or any Services as a Participating Attorney, Participating Attorney must be an attorney lawfully licensed and eligible to practice law in a legally recognized Jurisdiction(s) in which he or she must be in good standing, and must comply with the Laws governing the practice of law in that Jurisdiction(s). At any time that a Participating Attorney is no longer licensed or authorized to practice law, that Participating Attorney must immediately cease usage of the Website and any Services, immediately notify Company, and request complete or partial suspension and deactivation of the Participating Attorney's account with respect to the availability to receive questions from LawPivot User(s) in the affected Jurisdiction(s). Should Company discover this on its own, Company reserves the right to suspend or terminate Participating Attorney's account immediately and without prior notice.


Participating Attorney represents and warrants that he or she has received permission and authorization from his or her employer or law firm to participate on the Website and Services. Use of the Website or any Services for any unauthorized purpose whatsoever are grounds for termination of Participating Attorney's account immediately and without prior notice. At any time that Participating Attorney is no longer affiliated with his or her employer or law firm, Participating Lawyer must immediately notify Company to inform Company of the change in affiliation. Should Company discover this on its own, Company reserves the right to suspend, modify or terminate Participating Lawyer's account.


Participating Attorney is solely responsible for any content, information, or advertising materials Participating Attorney posts, transmits, or submits through Website and the compliance of such materials with Laws of the Jurisdiction(s). Such compliance includes without limitation, that Participating Attorney must not engage in the unauthorized practice of law and that Participating Attorney must provide competent legal information within the Question and Answer Services, that Participating Attorney must observe and obey any applicable professional ethical duties as a result of Participating Attorney's access to or receipt of Confidential Communications, and that Participating Attorney must not communicate, in person, by telephone, or by other means involving live, interactive communication except through the Website or any Services, with any Business Organization which has been identified through the Website and any Services relating to any matter discussed over the Website and any Services unless and until the identified Business Organization has unequivocally and unambiguously requested such communications from Participating Attorney. With respect to observing and obeying any applicable professional ethical duties as a result of access to or receipt of Confidential Communications, Participating Attorney must appropriately and comprehensively redact and modify such Participating Attorney's response and received question prior to submitting it as Non-Confidential Information for publication in the Public Question and Answer Forum.


Furthermore, Participating Attorney authorizes Company to publicly display on the Website and on any Services Participating Attorney's professional lawyer profile, law firm profile and picture, and questions and responses submitted for publication on the Public Question and Answer Forum. Participating Attorney agrees to keep Participating Attorney's professional lawyer profile and, if authorized, law firm profile both current and accurate on the Website and any Services. It is also Participating Attorney's sole responsibility to retain and maintain any and all advertising materials if required by the Laws of the Jurisdiction(s).


Special Provisions Applicable to Registered Agent and Business Organization

Registered Agent represents and warrants that he or she is authorized to accept these Terms on the Business Organization's behalf, and such Business Organization agrees to be bound by and be responsible for Registered Agent's acts and representations on the Website and any Services. Use of the Website or any Services for any unauthorized purpose whatsoever are grounds for termination of Registered Agent's account immediately and without notice. At any time that Registered Agent is no longer affiliated as an Agent of a Business Organization or the Business Organization that Registered Agent is affiliated with ceases to exist, Registered Agent must immediately cease usage of the Website and any Services, immediately notify Company, and suspend and deactivate Registered Agent's account. Should Company discover this on its own, Company reserves the right to suspend or terminate Registered Agent's account.


Business Organization and its Registered Agent must allow Company to gather and display limited profile information about Business Organization and Registered Agent to allow selected Participating Attorney(s) to perform due diligence and comply with any applicable professional responsibility and ethical obligations, and for marketing purposes. By continuing to use this Website or any Services, Registered Agent must keep such profile information both current and accurate on the Website and Services.


VI. Presumption of No Attorney-Client Relationship

In recognition of the limited scope, duration, and brevity of the communication(s) exchanged between Participating Attorney(s) and LawPivot User within the Question and Answer Service or any communication(s) exchanged through Question and Answer Services, LawPivot User understands beforehand and intends that no attorney-client relationship necessarily forms between LawPivot User(s), and if any, their respective Business Organizations and law firms, arising from use of the Website and any Services, including without limitation the Question and Answer Services.


With respect to the Confidential Question and Answer Service and related services, certain communications are initiated when LawPivot User(s) submits a question to a selected Participating Attorney(s). The selected Participating Attorney(s) is provided notice that the question was submitted, but is only initially presented with LawPivot User's certain supplied profile information, the subject/title description of the initiating question, information regarding potentially adverse or involved parties, and the LawPivot User's identification of the question's relevant jurisdiction and practice area. It is the responsibility of each selected Participating Attorney(s) to first determine and represent that no conflicts of interest exist. Only after selected Participating Attorney(s) represents that no conflicts of interest exist and desires to receive the question, is the text of the question (i.e., the Confidential Communications) actually made accessible to the selected Participating Attorney(s), in whose discretion it lies whether or not to answer the question or complete an exchange. It is up to a selected Participating Attorney(s) to determine whether he or she wants to further investigate, follow- up, review, pursue, take further action, or represent the Business Organization. Therefore, it is presumed by LawPivot User that communications exchanged within the Website and any Services will not give rise to an attorney-client relationship unless the Participating Attorney(s) and LawPivot User explicitly agree otherwise or act in a manner that would be sufficient to rebut this presumption in the applicable Jurisdiction(s).


Nevertheless, Participating Attorney agrees to keep confidential all Confidential Communications under the Terms and the Laws of the Jurisdiction(s). LawPivot User acknowledges and understands that in limited circumstances, Company could be required by law to disclose such communications.


In addition, it is presumed by LawPivot User that submissions, posts, or comments published on the Public Question and Answer Forum will not give rise to an attorney-client relationship unless the Participating Attorney(s) and reader of the submission explicitly agree otherwise or act in a manner that would be sufficient to rebut this presumption in the applicable Jurisdiction(s).


VII. Attorney Advertising

Company provides on its Website and any Service a listing or directory of individuals that comprise of Participating Attorney(s), which LawPivot User acknowledges may consist of attorney advertising.


LawPivot User acknowledges that every initial communication(s) in the Question and Answer Services and any submission, post, or comment on the Public Question and Answer Forum sent by any responding Participating Attorney(s) to him or her may consist of or contain advertising information sent by electronic means through the Website and Services. Such communication(s) is sent to LawPivot User after such LawPivot User's identity has been revealed to the selected Participating Attorney(s). Participating Attorney(s) have not paid a fee to participate within the Question and Answer Services of Company.


Participating Attorney is solely responsible to ensure that any communication with any LawPivot User(s) and any other information about such Participating Attorney complies with Laws of the Jurisdiction(s).


VIII. Company is Not a Lawyer Referral Service

Company is not a lawyer referral service and does not provide such services. Company provides on its Website and any Service a listing or directory of individuals that comprise of Participating Attorney(s), which is provided solely for information purposes. LawPivot User agrees to independently evaluate the qualifications beforedeciding for itself which attorney(s) it wishes to interact with or retain to assist with its legal matter. LawPivot provides tools to assist LawPivot User to identify relevant Participating Attorney(s) who may assist with LawPivot User's legal needs, but LawPivot User acknowledges that Company does not recommend, endorse, or qualify any particular attorney to assist LawPivot User with its legal needs.


No fee sharing arrangement exists between any Participating Attorney(s) or other attorneys and Company.


IX. Public Question and Answer Forum General Terms

Company provides a Public Question and Answer Forum where content and other materials submitted for publication by LawPivot User are not confidential, and such content and materials are visible and viewable to the general public. By submitting any content and other materials in the Public Question and Answer Forum, LawPivot User acknowledges that submitting any content and materials to the Public Question and Answer Forum will not be held in confidence and agrees to allow such content and other materials to be visible and viewable to the general public. By using the Public Question and Answer Forum, LawPivot User further agrees to allow certain identifying information about the author of the content and other materials to be published and associated with such content and other materials in the Public Question and Answer Forum.


By submitting content and other materials to the Public Question and Answer Forum, LawPivot User acknowledges that it is not a guarantee that it will be published or that it will receive any response. LawPivot User acknowledges that publication of any content and other materials to the Public Question and Answer Forum is not instantaneous and subject to review and approval by Company. Company reserves the rightto deny publication of any content and other materials submitted for publication in the Public Question and Answer Forum for any reason.


Company is not a law firm and is not obligated to provide any response to any such content or other materials submitted on the Website and any Services including the Public Question and Answer Forum. Even if content and other materials are approved for publication in the Public Question and Answer Forum, any response is still not guaranteed and is provided at the sole discretion of other LawPivot User(s) including Participating Attorney(s). Any such responses should only be used for informational purposes only. LawPivot User acknowledges that it should not rely solely on obtaining information from the Website and any Services, including the Public Question and Answer Forum and should independently retain legal counsel for assistance with its legal matter.


LawPivot User grants Company the right to edit, redact, delete, modify, or re-categorized any content and other materials submitted for publication or published in the Public Question and Answer Forum in Company's sole discretion. LawPivot User agrees to release Company from liability and not hold Company liable for making such edits, redactions, deletions, modifications, or re- categorizations. LawPivot User further agrees to not hold Company liable for any content and other materials that are not published, timely or otherwise, does not receive any responses, or are removed.


Publication of Submissions by Participating Attorney to the Public Question and Answer Forum

Among the Services provided in the Public Question and Answer Forum, Company provides a Service which allows a Participating Attorney to publicly publish Non-Confidential Information on the Website and Services related to Confidential Communications rightfully received by such Participating Attorney on the Website and Services.


In order to maintain the integrity and confidentiality of Confidential Communications, Company takes commercially reasonable steps to facilitate this process by initially directing and requiring such Participating Attorney to appropriately modify, remove, or redact such communications. The intention of this process is to redact or remove all confidential information and any identifying information contained therein so that it is suitable for submission and publication on the Public Question and Answer Forum. By using the Public Question and Answer Forum, Participating Attorney agrees to appropriately modify or redact such confidential information before submitting Non- Confidential Information for publication in the Public Question and Answer Forum. Company reserves the right but does not undertake the obligation to additionally screen such submissions or to reject such submissions for publication on the basis that it contains inappropriate or irrelevant information to be displayed in the Public Question and Answer Forum, even after publication.


X. Confidential Question and Answer Service General Terms

By using the Confidential Question and Answer Service, LawPivot User agrees to allow certain identifying information about the author of the Confidential Communications to be published and associated with such Confidential Communications in the Confidential Question and Answer Service.


By submitting such content and other materials to the Confidential Question and Answer Service, LawPivot User acknowledges that LawPivot User's Confidential Communications may not receive any response from a Participating Attorney(s) or that any response may not answer or address the scope or nature of such Confidential Communications. LawPivot User acknowledges that any response(s) to such Confidential Communications is not instantaneous, and the return and receipt of any such response is outside the control of Company and is at the individual discretion of each Participating Attorney(s) selected to receive such content and other materials.


Company is not a law firm and is not obligated to provide any response to any such content or other materials submitted on the Website and any Services including the Confidential Question and Answer Website. Company reserves the right to deny publication of such content and other materials submitted for publication in the Confidential Question and Answer Service for any reason.


Any such responses should only be used for informational purposes only.


LawPivot User acknowledges that it should not rely solely on obtaining information from the Website and any Services, including the Confidential Question and Answer Service and should independently retain legal counsel for assistance with its legal matter(s).


Payment

To submit certain content and other materials to the Confidential Question and Answer Service, LawPivot User must purchase valid access to use this portion of the Website and any Services under an automatically, renewable monthly subscription (hereinafter "Monthly Subscription") or on a per question basis. If LawPivot User purchases valid access to use the Confidential Question and Answer Service, then such content and materials will be treated as Confidential Communications and subject to the terms of the Confidential Question and Answer Service and privately directed to Participating Attorney(s) which LawPivot User selects to receive such content and materials, and such Confidential Communications will be made invisible to the public and other LawPivot User(s) and Participating Attorney(s).


Monthly Subscription services, which includes access to the Confidential Question and Answer Service, are fully earned upon payment. If LawPivot User purchases a Monthly Subscription, LawPivot User agrees that it will continue month-to-month unless and until LawPivot User cancels the Monthly Subscription or Company terminates it. By purchasing a Monthly Subscription, LawPivot Users expressly agrees that Company is authorized to charge LawPivot User a monthly subscription fee at the then current rate, and any other charges such LawPivot User may incur in connection with LawPivot User's use of the Website and any Services to the payment method LawPivot User provided during registration or to a different payment method if LawPivot Users changes his or her account information.


LawPivot User who purchases a Monthly Subscription will be billed in advance on a monthly basis and LawPivot User will not be entitled to any refunds or credits for partial month(s) of service. Company will not prorate fees, funds or subscriptions paid. LawPivot User must cancel the Monthly Subscription before it renews each month in order to avoid billing of the next month's Monthly Subscription fees to LawPivot User's payment method.


If LawPivot User purchases such access to the Confidential Question and Answer Service on a per question basis, such access to the Confidential Question and Answer Service is also fully earned upon payment. Company reserves the right to terminate access to the Confidential Question and Answer Service at any time for any reason.


If LawPivot User has not purchased access, has invalid or cancelled access, or has completely redeemed previously purchased access and has neither renewed such access nor purchased additional access to use the Confidential Question and Answer Service during the signup registration process, any content and other materials LawPivot User submits henceforth to Website and any Services will not be treated as Confidential Communications, subject to the terms of the Confidential Question and Answer Service, and will be subject to publication in the Public Question and Answer Forum. LawPivot User understands that any content or other materials submitted to Website and any Services that are not Confidential Communications cannot be retroactively be converted into Confidential Communications by subsequently acquiring and maintaining valid access to use the Confidential Question and Answer Service.


XI. Legal Services

Among the services provided on Website and any Services, Participating Attorney(s) perform defined legal services (hereinafter "Legal Services") for LawPivot User in return for a fixed cost (hereinafter "Fixed Cost"), which includes among other things, an estimated flat attorney's fee, and transaction cost to be paid to Company for handling of administrative tasks and details and maintenance of the Website. Such Legal Services are only available to LawPivot User(s) and will be confined within the scope as defined and published on the Website and any Services, unless otherwise directed or described separately. To obtain such estimated flat attorney's fee, LawPivot User must disclose all material facts and other relevant information and client goals (including work product requirements) to allow Participating Attorney(s) to render an accurate flat attorney's fee estimate prior to the commencement of such Legal Services. The estimated flat attorney's fee will presumptively be the attorney's final fee (not including costs which must be paid as incurred on behalf of LawPivot User) at the completion of such Legal Services. Specific details about such Legal Services will be discussed and determined when such LawPivot User and Participating Attorney communicate with one another and after payment has been tendered. If in the course of providing such Legal Services LawPivot User introduces additional material facts, circumstances, directives, or other demands that would objectively cause the scope of the Legal Services to substantially exceed that which was mutually agreed upon prior to the rendering of such Legal Services, both LawPivot User and Participating Attorney(s) must act in good faith and make their respective best efforts to amicably and fairly resolve any fee or other dispute, and any unresolved disputes must be resolved as provided below in this section.


LawPivot User must tender payment to Company prior to the beginning of any of such Legal Services, which includes the Fixed Cost. Participating Attorney(s) who agrees to provide such certain Legal Services will receive payment that is the estimated flat attorney's fee from the Fixed Cost. Company will hold such payment pending completion of such Legal Services and Company will disburse, shortly thereafter, such estimated flat attorney's fee to such Participating Attorney(s). It is LawPivot User's responsibility to claim any disputes by the end of the fourth (4th) day after Participating Attorney(s) has claimed completion of the Legal Services by directly notifying Company and Participating Attorney(s) of such claim in writing. Once the aforementioned dispute period has passed, the Fixed Cost is accepted by LawPivot User and can no longer be disputed and can only be refunded by Participating Attorney(s).


If a dispute regarding Legal Services arises during the course of the transaction, such LawPivot User and Participating Attorney(s) must act in good faith and make their respective best efforts to amicably and fairly resolve any fee or other dispute. If such resolution is not ultimately achieved by such means, both parties agree to submit claim(s) in a neutral and binding third party arbitration and the losing party will pay all arbitration costs and any associated attorney's fees. Company is under no duty or obligation to mediate or settle such disputes.


LawPivot User agrees to release Company and its affiliates, its employees, officers, directors, agents, shareholders or independent contractors, service providers, or consultants, and not hold Company, and its affiliates, its employees, officers, directors, agents, shareholders or independent contractors, service providers, or consultants liable for any matter relating to such Legal Services or payment of any additional attorney's fees for such Legal Services, including without limitation, any disputes regarding Legal Services.


XII. Disclaimers
Warranties

THE WEBSITE AND ANY SERVICES ARE OFFERED AND PROVIDED "AS IS" AND "AS AVAILABLE" AND LAWPIVOT USER USES THEM AT LAWPIVOT USER'S OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DUE TO THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AND OTHER FACTORS NOT WITHIN THE CONTROL OF COMPANY, COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THAT MAY OCCUR.


Company does not warrant, guarantee, represent, or make any claim that use of the Website or any Services will necessarily yield any type of result, including the receipt of any type or quality of information or the generation of business LawPivot User agrees and acknowledges that such outcomes depend on individuals not employed by and not in the control of Company. Therefore, Company does not warrant, guarantee, represent, or make any claim that the work performed by any Participating Attorney will yield any type of result or be of a certain quality.


Participating Attorney(s) who appear on the Website or any Services are not employed by Company. No such information contained on the Website or provided through any Services, constitutes an endorsement of any particular attorney or a guarantee of any personal qualities, professional qualities or characteristics of any attorney or any information or opinion he or she may render. Company takes commercially reasonable efforts to initially verify that every Participating Attorney who holds him or herself out as a registered attorney is in fact registered to practice in the Jurisdiction(s) which he or she may claim based on certain limited information provided by Participating Attorney. However, Company does not warrant and does not guarantee that every individual who holds him or herself out as a registered attorney is in fact registered to practice in the Jurisdiction(s) which he or she may claim or is competent in the areas of practice in which he or she claims to be knowledgeable. By continuing to use the Website or any Services, LawPivot User assumes responsibility to independently ensure and verify the following: the attorney(s) that LawPivot User interacts with are indeed licensed in the Jurisdiction(s), and are in good standing where LawPivot User is seeking legal help, and are in fact qualified to handle LawPivot User's legal matter. LawPivot User is solely responsible for selecting the attorney(s) to handle LawPivot User's legal matter and the consequences that may result from that selection.


Company does not monitor or have any control over any other services, including without limitation legal, Legal Services, legal-related services, offered by its members or users (hereinafter "Third Party Services"). Therefore, Company assumes no responsibility or liability for any action, errors or omissions on the part of any providers of Third Party Services.


Company is not liable for any statements, representations, ratings, endorsements, advertisements, testimonials, responses, comments, information, opinions, advice, links to any third party websites and content contained on such third party websites, or content of any other kind provided by its users in any area of the Website or any Services, and any such reference(s) on the Website or any Services is not a sponsorship, endorsement, or recommendation by Company. Some information provided and displayed on the Website and any Services are based on contributions to the Website and any Services by its users and the automated computation of statistical data based on such contributions. Company makes commercially reasonable efforts to automate the display of such information when available on the Website and any Services, and LawPivot User acknowledges that some information may not be current or accurate, and may contain errors or omissions because that information is dependent upon the diligence of LawPivot User(s) of the Website and any Services to provide, update, or remove such information, or the unavailability of the Website and any Services. Therefore, LawPivot User agrees that Company assumes no responsibility and LawPivot User agrees to not hold Company liable for such errors or omissions displayed on the Website and any Services.


Although Company has no obligation to screen, edit or monitor user content, wherever accessible, Company reserves the right, and has absolute discretion, to screen or edit any content (other than Confidential Communications) or remove any content posted or stored on the Website or any Services at any time and for any reason without notice.


No warranty of any kind is provided regarding any LawPivot User, Third Party Services, or Third Party Content, and LawPivot User agrees that Company will not be liable for the acts or omissions of any LawPivot User, any Third Party Services, or any Third Party Content or the consequence of using or relying upon such LawPivot User, Third Party Services, or Third Party Content received through the Website or use of any Services, as any such advice, opinion, or services is the responsibility of the originating party.


Because of the limited scope, duration, and brevity of the communication(s) exchanged between Participating Attorney(s) and LawPivot User within the Question and Answer Services of Company, Participating Attorney(s) who receive questions may not have had an opportunity to conduct an independent investigation of any LawPivot User or Third Party Content, to review pertinent documents, or carefully research the applicable laws. Therefore, LawPivot User acknowledges and understands that any information provided by responding Participating Attorney(s) on the Website and any Services are preliminary and subject to modification based on information the Participating Attorney(s) may not yet have, and could contain errors or omissions.


Availability of Services

LawPivot User acknowledges and agrees that if Company disables access to, or suspends or terminates LawPivot User's account, or one or more Services or functionalities on the Website, LawPivot User may be prevented from accessing the Website or any Services, including any account information or data, uploaded content, transmissions, or communications contained in or involving LawPivot User's account.


LawPivot User acknowledges and accepts that the provision and availability of the Website and any Services depend on other services or resources outside Company's control, and that changes intended to improve the utility and performance of the Website or any Services may require periods of inaccessibility or downtime to effect. Company reserves the right and sole discretion to improve, modify, or discontinue availability of the Website or any Services. LawPivot User will not hold Company liable or responsible for any damages or loss that result from inaccessibility, unavailability, data corruption, any failure or omission on such LawPivot User's part to maintain accurate account data, such LawPivot User's failure to maintain the security or integrity of such LawPivot User's authentication or passwords, or such LawPivot User's failure to maintain or address the security and confidentiality of information or data such LawPivot User submits to the Website or any Services.


No Duty to Monitor Website

Company is under no obligation to restrict or monitor the Website and any Services in any way. COMPANY DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. Nevertheless, Company reserves the right to modify or remove content at any time at its sole discretion and LawPivot User grants Company the right to modify or remove such content including without limitation User and Third Party Content, except for modification of Confidential Communications to enable transmission, storage, or retrieval.


XIII. Limitations of Liabilities

IN NO EVENT SHALL COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SHAREHOLDERS OR INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR OTHERWISE, WHICH MAY ARISE FROM, IN CONNECTION WITH, OR BE RELATED TO ANY DENIAL OF OR INABILITY TO USE THE WEBSITE AND ANY SERVICES OR USE OF THE WEBSITE OR SERVICE, INCLUDING ANY ADVICE, INFORMATION, CONTENT, LEGAL SERVICES, THIRD PARTY SERVICES, ACTIONS, INACTIONS OR ADVICE OF ANY PARTICIPATING ATTORNEY OR OTHER LAW PIVOT USER, LINKS TO ANY THIRD PARTY WEBSITES AND CONTENT CONTAINED ON SAID THIRD PARTY WEBSITES, PURPORTED MALPRACTICE CLAIMS, OR OTHER MATERIALS CONTAINED, ACCESSED, OR DISPLAYED THEREIN, WHETHER SUBMITTED BY LAWPIVOT USER OR THIRD PARTIES. NOR SHALL COMPANY BE RESPONSIBLE, WITHOUT LIMITATION, FOR ANY DAMAGES, INJURY OR LOSS OF ANY KIND. SUCH LOSS MAY INCLUDE, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE OR LOSS OF PROFITS, THAT MAY HAVE BEEN CAUSED BY, WITHOUT LIMITATION, ANY USE OR RELIANCE ON WEBSITE AND ANY SERVICES, LEGAL SERVICES, THIRD PARTY SERVICES, ACTIONS, INACTIONS OR ADVICE OF ANY PARTICIPATING ATTORNEY OR OTHER LAW PIVOT USER, SITE MATERIALS, LAWPIVOT USER OR THIRD PARTY CONTENT, OR FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELETION OF FILES OR E-MAIL, VIRUSES, MALWARE, ANY FAILURE OF PERFORMANCE OR DELAY IN OPERATION OR TRANSMISSION, THAT MAY HAVE RESULTED FROM OR BE CAUSED BY ANY CIRCUMSTANCES, INCLUDING THOSE BEYOND COMPANY'S COMMERCIALLY REASONABLE CONTROL. SUCH CIRCUMSTANCES INCLUDE, WITHOUT LIMITATION, ACTS OF GOD OR GOVERNMENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S INFORMATION, DATABASE, RECORDS, WEBSITE AND ANY SERVICES. LAWPIVOT USER SOLELY ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ANY ACCESS OR USE OF WEBSITE OR ANY SERVICES OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THE WEBSITE AND ANY SERVICES.


LAWPIVOT USER AGREES TO RELEASE COMPANY FROM ANY LIABILITY AND TO NOT HOLD COMPANY RESPONSIBLE FOR ANY DAMAGES ARISING FROM THE POSTING OR PUBLISHING OF ANY INFORMATION BY ANY LAWPIVOT USER ON ANY PART OF THE WEBSITE OR SERVICES, WHICH INCLUDES WITHOUT LIMITATION, ANY AND ALL INFORMATION POSTED OR PUBLISHED ON THE CONFIDENTIAL QUESTION AND ANSWER SERVICE OR PUBLIC QUESTION AND ANSWER FORUM. LAWPIVOT USER ACKNOWLEDGES THAT CONTENT AND OTHER MATERIALS SUBMITTED FOR PUBLICATION TO THE PUBLIC QUESTION AND ANSWER FORUM ARE NOT CONFIDENTIAL AND COULD BE USED AS EVIDENCE FOR OR AGAINST LAWPIVOT USER AND MAY NOT BE ENTITLED TO RECEIVE CERTAIN EVIDENTIARY OR OTHER LEGAL PROTECTIONS. LAWPIVOT USER FURTHER AGREES AND UNDERSTANDS THAT ANY CONFIDENTIAL INFORMATION REDACTED OR MODIFIED WITH THE INTENTION OF SUBMITTING NON-CONFIDENTIAL INFORMATION SUITABLE FOR PUBLICATION AND POSTING ON THE PUBLIC QUESTION AND ANSWER FORUM IS THE SOLE RESPONSIBILITY OF THE LAWPIVOT USER WHO IS SUBMITTING, POSTING, OR PUBLISHING SUCH INFORMATION.


NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN WARRANTY, CONTRACT, TORT OR OTHER CIVIL CAUSE OF ACTION, PRODUCT OR STRICT LIABILITY, OR OTHER THEORY, ARISING FROM OR RELATING IN ANY MANNER TO THE USE OF OR RELIANCE UPON THE WEBSITE, SITE MATERIALS, OR ANY SERVICE, EXCEED ANY COMPENSATION PAID WITHIN THE LAST THREE (3) MONTHS, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICE. TO THE EXTENT TO WHICH LOCAL OR STATE AUTHORITIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.


LAWPIVOT USER AGREES AND UNDERSTAND THAT COMPANY IS ONLY A CONDUIT FOR COMMUNICATIONS, AND IS NOT A PARTY, PRINCIPAL, OR PARTICIPANT IN ANY PROVISION, RENDERING, RECEIPT, OR SOLICITATION OF ANY LEGAL ADVICE, OPINION, COUNSEL, INFORMATION, OR GUIDANCE.


LawPivot User agrees to assume any liability which may result from such LawPivot User's denial of or inability to use the Website or any Services or use of the Website or any Services and hereby waives, absolves, indemnifies, and releases Company from any liability, loss, or damage resulting from any claim arising directly, indirectly, consequentially, or historically from any contact, content, communication, advice, consultation, or representation made using the Website or any Services as a conduit. LawPivot User further agrees to and understands that in accepting the Terms, such LawPivot User releases, absolves, and indemnifies Company from responsibility or liability for loss or damage of any kind, including legal or attorney's fees, incurred by such LawPivot User or Participating Attorney's former or current client(s) or any other affected third party as a result of any conflict of interest.


XIV. Ownership of Intellectual Property
LawPivot

Unless otherwise indicated, the Website, Site Materials, and Company Marks are the proprietary property of Company and are protected by U.S. and international intellectual property laws. LawPivot User agrees to respect any and all intellectual property of Company, including but not limited to the Website, Site Materials, and Company Marks in compliance with all applicable laws including intellectual property laws worldwide and of any jurisdiction, and not to copy, use, distribute, display, perform, publish or republish, alter, upload, post, transmit, imitate, reverse-engineer, or develop derivative works, in whole or in part, without the prior and express written consent of Company.


Other LawPivot User or Third Party Content

LawPivot User grants Company a nonexclusive, royalty-free, irrevocable, perpetual, sub-licenseable license to use, store, reproduce, modify, adapt, publish, translate, distribute, perform, or display content consisting of Confidential Communications for the purpose of composing, transmitting, retrieval, or displaying of such Confidential Communications as directed by LawPivot User to another LawPivot User(s) who is an intended recipient of the Confidential Communications. LawPivot User grants Company a nonexclusive, royalty-free, irrevocable and perpetual, sub-licenseable license to use, store, reproduce, sufficiently modify to enable transmission, adapt, publish, translate, distribute, perform, display, or create derivative works from content, other than Confidential Communications, and any information that such LawPivot User submits, posts, uploads, or makes accessible elsewhere on the Website, such as, but not limited to, Non-Confidential Information. LawPivot User represents and warrants that such LawPivot User: 1) owns and controls or possesses all rights to any user content that such LawPivot User posts as well as to grant the rights described above, and 2) that the content is accurate and not misleading, and 3) that by supplying or otherwise making available such content such LawPivot User does not violate the Terms or cause damages or injury to any other person or entity. Company may terminate the account of any LawPivot User who violates or infringes on the intellectual property rights of others under applicable law and these Terms.


LawPivot User grants Company a non-revocable license to use and disseminate Non-Confidential Information without restriction for any purpose without obligation, acknowledgement, or compensation to such LawPivot User. Company also has the right, in its sole discretion, to monitor, review, or censor Non- Confidential Information in order to preserve the quality and integrity of the Website and any Services.


XV. Privacy Policy

By using this Website or any Services, LawPivot User agrees to Company's Privacy Policy and its terms which are incorporated by reference herein. Click here to view Company's Privacy Policy.


Company takes commercially reasonable efforts to maintain the security and confidentiality of Confidential Communications, and Company personnel will not view or examine Confidential Communications except where absolutely necessary to address problems of a technical nature affecting such LawPivot User's account, or to respond to any legal process or comply with the law. Company may restrict, suspend, or terminate LawPivot User's account should such LawPivot User violate the provisions or guiding principles underlying this Privacy Policy.


LawPivot User acknowledges that there is no expectation of privacy or confidentially with respect to content that is submitted, posted, or published on certain areas of the Website and any Services not designated as being confidential (e.g. Non-Confidential Information) which includes without limitation, LawPivot User profile or the Public Question and Answer Forum.


XVI. Indemnification

LawPivot User must defend Company against any claim made or brought against Company by a third party alleging that such LawPivot User's data on the Website, or such LawPivot User use of the Website or any Services in violation of the Terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law (hereinafter "Claim"), and such LawPivot User shall indemnify Company for any damages finally awarded against, and for reasonable attorney's fees incurred by, Company in connection with any such Claim; provided, that Company (a) gives such LawPivot User written notice of the Claim; (b) gives such LawPivot User sole control of the defense and settlement of the Claim (provided that such LawPivot User may not settle any Claim unless the settlement unconditionally releases Company of all liability); and (c) provides to such LawPivot User all reasonable assistance, at LawPivot User's expense.


LawPivot User must defend, indemnify and hold harmless Company and its agents, from and against any claims, damages, costs, lost profits, liabilities and expenses (including, but not limited to, reasonable attorney's fees) (i) arising out of or related to any content such LawPivot User posts, stores, makes accessible, or otherwise transmits on or through the Website or any Services, or (ii) arising out of or related to such LawPivot User uses of or inability to use the Website or any Services, or inaccessibility or termination resulting from breach of the Terms, including without limitation any actual or threatened suit, demand or claim arising out of or relating to LawPivot User's conduct, to any content such LawPivot User posts, stores, makes accessible or otherwise transmits to the Website or any Services, or to such LawPivot User's violation of these Terms or LawPivot User's violation of the rights of any third party or such LawPivot User(s) of the Website or any Services.


XVII. Additional Terms E-mail Communications from LawPivot

By using the Website, LawPivot User consents to receive e-mails from Company, including service or account-related notifications necessary to make use of the Website or any Services and notices regarding updates or modifications to the Terms.


Assignment

The Terms are personal to LawPivot User and cannot be assigned, transferred, or delegated to any other person or Business Organization without the express written permission of Company. Any such attempt to assign, transfer, or delegate these Terms without the express written permission of the Company will not be honored and will be deemed null and void. Company has the right to assign, transfer, or delegate these Terms to one or more third parties without LawPivot User's permission, including without limitation, to a successor or acquirer of Company.


Applicable Law and Venue

These Terms and LawPivot User's use of the Website and any Services will be governed by and construed in accordance with laws of the State of California applicable to agreements made and to be entirely performed within the State of California without resort to its conflict of law provisions. All disputes and claims must be resolved by final and binding arbitration under the rules of the American Arbitration Association, to be held in San Francisco County, in English, with a written decision and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and attorneys' fees and costs of both parties to be borne by the party that ultimately loses. Any disputes or claims not eligible for arbitration shall be filed only in a state or federal court located in San Francisco County, California and LawPivot User hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts.


Changes to Terms

Company reserves the right to change or modify any of the provisions, terms, or conditions contained in these Terms or any policy or guideline of the Website, at any time, without prior notice and in Company's sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Website or any Services. LawPivot User indicates his or her assent to updated Terms by either affirmatively indicating assent when prompted during such LawPivot User's use of the Website or any Services, or by actually using or continuing to use the Website or any Services.


Termination

Use of the Website or any Services in violation of any of the Terms or Community Guidelines may result in the termination or suspension of LawPivot User's account and inaccessibility to any content or information LawPivot User has submitted to any part of the Website or any Services. Company may terminate LawPivot User's account at any time, at Company's sole discretion and without notice.


Severability

If any provision of these Terms is determined by a court having jurisdiction over the matter to be invalid, unlawful, unenforceable, or void for any reason, then that provision shall be deemed severable from the Terms and does not affect the validity or enforceability of any remaining provisions, which will continue to be valid and enforceable.