Terms of service

Updated: November 20, 2017

Community.lawyer, P.B.C. (“Community.lawyer”) is a platform that helps facilitate communication and collaboration between and among legal organizations, attorneys, and people requesting legal help.

Before using our services, Community.lawyer requires our users — attorneys, legal organizations, and people requesting legal help — to read and agree to the following Terms of Service (“Terms of Service”). These Terms govern your use of and access to the sites (including subdomains), templates, products, applications, tools, and features (collectively, the “Services”) provided by Community.lawyer (together with its officers, directors, employees, agents, subsidiaries and affiliates).

You should review these terms periodically as we may update them at our sole discretion and without notice:

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ARE BOUND BY THESE TERMS OF SERVICE. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, WAIVER OF CLASS­-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

YOU MAY NOT ACCESS OR USE THIS SERVICE IF: (I) YOU CHOOSE NOT TO AGREE TO THE TERMS, (II) YOU ARE UNDER 18 YEARS OF AGE, (III) YOU DO NOT HAVE THE FULL POWER AND AUTHORITY TO ENTER INTO AND FOLLOW THESE TERMS, OR (IV) YOUR AGREEMENT TO AND FOLLOWING OF THESE TERMS DOES OR WILL BREACH OR CONFLICT WITH ANY OTHER AGREEMENT OR ARRANGEMENT YOU HAVE WITH SOMEONE ELSE OR OTHERWISE VIOLATES THE LAW.

A. Services Community.lawyer Does Not Provide

Community.lawyer does not provide any of the following:

1. Attorney Endorsements, Recommendations, or Referrals — Community.lawyer provides software to attorneys and legal organizations; we do not operate a legal referral service and do not endorse or recommend the legal service providers (e.g., attorneys) or portal administrators (e.g., legal organizations) who use our service. Any reviews, ratings, or other descriptions of or opinions regarding attorneys or legal organizations published on Community.lawyer do not guarantee or predict future results and should be relied on solely at each consumer’s own risk.

2. Legal Advice, Legal Opinions, Legal Services, or Legal Representation — Community.lawyer is not a law firm and is not engaged in the practice of law. The attorneys and legal organizations who use our service are not employees or agents of Community.lawyer.

3. Services that Create An Attorney-Client Relationship — Use of our service, including but not limited to requesting a consultation from an attorney or referral from an organization using our service, does not create attorney-client relationships with Community.lawyer, attorneys, or said organizations. When a consumer and attorney using Community.lawyer enter into an attorney-client relationship at any time, including but not limited to during a consultation facilitated by Community.lawyer, Community.lawyer has no involvement in that relationship nor in any agreements arising out of the relationship. Community.lawyer does not accept any portion of an attorney’s fees, and we are not liable or responsible for any professional services provided by or acts or omissions of attorneys or legal organizations who consumers may connect with via our service.

4. Confidential, Private, or Privileged Channels for Sharing Information — Community.lawyer takes commercially reasonable measures to keep information secure and prevent it from becoming disclosed to individuals who are not privy to it (as set forth by these Terms and the Privacy Policy). However, except as explicitly provided by these Terms, our Privacy Policy, or in non-conflicting rules and policies of portal administrators, user data and content are not confidential or protected by privilege. Community.lawyer reserves the right to collect, store, and use user data and content for the purposes described in our Privacy Policy. In addition, except as provided in non-conflicting rules and policies of portal administrators, legal service providers and portal administrators have no duty to keep information confidential or to forego representation adverse to the interests of users who submit or generate data and content.

5. Guarantees of the Identity of Users — While we take commercially reasonable measures to verify users’ identities, Community.lawyer does not warrant or represent the accuracy of user identities or claims made by users. We encourage users to research and, where appropriate, request further proof of any identities or claims made by other users, particularly when entering into an attorney-client relationship. Where users provide identity-related information that is untrue, inaccurate, not current, or incomplete, or if Community.lawyer has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Community.lawyer may suspend or terminate said users’ accounts and refuse current or future use of Community.lawyer.

B. General Terms

Community.lawyer reserves the right to monitor our services for the purpose of determining that use of the service complies with the terms of service. YOU AGREE THAT YOU WILL NOT, DIRECTLY OR INDIRECTLY:

1. Use the service, including but not limited to transmitting content, in a manner that violates these terms or any applicable law, rule, or regulation, or for any unintended purpose;

2. Use the service, including but not limited to transmitting content, in a manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group of persons;

3. Use the service, including but not limited to transmitting content, in a manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion, gender identity or expression, sexual orientation, age, military or veteran status, marital status, or disability;

4. Use the service, including but not limited to transmitting content, in a manner that is pornographic or obscene;

5. Except as expressly permitted by these terms, copy, reproduce, modify, distribute, display, create derivative works of, or transmit any content on the website or part of the service;

6. Use the service or any of our marks commercially, for benchmarking, or to compile content for a competitive product or service;

7. Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the service (except as and only to the extent any foregoing restriction is prohibited by a non­waivable provision of applicable law or to the extent as may be permitted by the licensing terms governing use of any open­-source components), or otherwise attempt to obtain source code;

8. Interfere with or damage the service or our servers, including but not limited to through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology;

9. Impersonate or misrepresent your identity or affiliation with a person, entity or organization, or use a false identity;

10. Attempt to obtain unauthorized access to the service or any materials or information not intentionally made available through the service;

11. Violate, misappropriate, or infringe a third party’s intellectual property or other right through the service; or

12. Interfere with any third party’s ability to use or enjoy, or our ability to provide, the service.

Community.lawyer prohibits the conduct and content described above and, without obligation, may take measures to prevent or eliminate such conduct and content on Community.lawyer (e.g. pre-screening, monitoring, and/or removing offending content/conduct). However, users agree that they may be exposed to such conduct and content and that they bear all risks associated with such exposure. Community.lawyer is not responsible for any content, information, or materials posted by users, including but not limited to any reliance on the accuracy, completeness, or usefulness of such materials, information, or content.

C. Intellectual Property Rights of Community.lawyer and Others

Community.lawyer owns the service and the content on the website but is not responsible for third party content. All content on the website, or otherwise made available via the service, except for third party content, the trademarks, service marks and logos contained therein, the design of the website and service, and all software and other technology used to provide the service, are owned by or licensed to Community.lawyer. We reserve all rights not expressly granted to users.

Community.lawyer may contain content provided by third parties. In addition, the service may contain links to third party websites. Community.lawyer is not responsible for the third party content on the website or provided through the service or the content on any linked site or any link contained in a linked site, or any changes to such sites. We do not endorse or accept any responsibility for third party content or the practices of third party sites.

D. Content of Users

1. Ownership of and Responsibility for Content — Community.lawyer may include services that allow users to submit or generate information, comments, reviews, data, photographs, interactive materials or software, or other content for or submit such content to our website. Users retain all rights, interest, and title in, and are solely responsible for, such content. Use of services for generating or submitting content is solely at each user’s own risk. By submitting or generating content, users represent and warrant that the content is their original work or that they have the right to use content in the manner such content is used on Community.lawyer. Users further represent and warrant that they have the consent, release, and/or permission of each identifiable person depicted in content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness. Users agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any content submitted or generated for this service. User also warrants and represents that the content is accurate, not a misrepresentation, and not misleading, and that no copyright/trademark laws or rules of professional conduct have been violated by submitting or generating said content (e.g., rules related to confidentiality and privilege).

2. Grant of License to Community.lawyer — By generating content for, submitting content, or otherwise making content available via Community.lawyer’s service(s), users grant Community.lawyer a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicenseable and transferable license to use, reproduce, modify, prepare derivative works of, distribute, perform, publish, or translate that content in any media formats or through any media channels. Users warrant that content generated for or submitted to Community.lawyer is original or that the owner of the work has granted the user a license for said work with all the rights granted by users to Community.lawyer in this paragraph.

3. Digital Millennium Copyright Act Complaints — Community.lawyer strives to ensure that our service is not used to host infringing content. Accordingly, Community.lawyer responds to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act (DMCA). Where appropriate under the DMCA, Community.lawyer will terminate accounts that are used to infringe on the rights of others. Community.lawyer encourages users to file counter-notifications when they believe a DMCA takedown demand is improper. For information on how to respond to improper demands, consult the Chilling Effects (https://www.chillingeffects.org/) website. Owners of content that is being infringed upon may request that the removal of the content under the DMCA. To make such a request, please email us at legal@community.lawyer or send snail mail to our office address, attention Community.lawyer: 150 Court St, Flr 2, Brooklyn, NY 11201.

E. Portal-Specific Terms

The following are additional terms that apply to the referral service and/or lawyer directory portal platform:

1. Portal Administrators — Portal administrators are users who, independent of these Terms, have entered into a Software License Agreement (“SLA”) with Community.lawyer to operate a portal via our software. As provided in the SLA, Community.lawyer grants to portal administrators a limited, non-exclusive, non-transferable, revocable license to use the software, solely for the operation of the portal.

2. Legal Service Providers — Legal service providers are users who create a lawyer account (e.g., through a “Sign in as a lawyer” webpage) through a portal or in manner otherwise provided by Community.lawyer. Legal service providers agree to use Community.lawyer’s services (e.g., respond to requests for legal help) in a manner consistent with their independent obligations under any agreements, laws, or rules of professional conduct they may be subject to.

3. Legal Consumers — Legal consumers are users who submit a request for legal assistance via Community.lawyer. Community.lawyer takes commercially reasonable measures to keep the contact information of legal consumers private until they authorize its use by submitting a request for a consultation or to view lawyers or by otherwise agreeing to share this information.

4. Payment Processing — Community.lawyer offers Portal Administrators the option of integrating payment processing into their portal. As such, Community.lawyer may act as an integration medium for a payment processing service that facilitates payment from Legal Service Providers to Portal Administrators using Stripe, PayPal (e.g., Payflow Pro), or any like payment processor that Community.lawyer, in its sole discretion, integrates into its service. By using the payment processing services, users agree to the applicable services agreement of the payment processor. For Stripe, such agreements are available at https://stripe.com/us/connect-account/legal and https://stripe.com/us/legal/. Community.lawyer makes no warranties or representations in regards to services provided by payment processors. The payment processor may charge a payment processing fee in its sole discretion, and such fee will be assessed at the time of payment. As payments are made from Legal Service Providers to Portal Administrators, Portal Administrators are responsible for refunds and chargebacks.

F. Disclaimers

While we try to keep Community.lawyer safe and functioning, using our service exposes users to some risks. Community.lawyer is not responsible for any harm users may experience. Furthermore:

THE SERVICE, AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. COMMUNITY.LAWYER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON­INFRINGEMENT, AND QUIET ENJOYMENT.

COMMUNITY.LAWYER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE, (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, OR OTHERWISE CURRENT OR COMPLETE, (III) MEET USER REQUIREMENTS, (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE USERS USE OR THIRD PARTY WEBSITES OR APPLICATIONS, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.

G. Limitation of Damages

Community.lawyer’s liability for any damages you or a third party may incur is limited as follows:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMUNITY.LAWYER, ITS MEMBERS, AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS’ FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF COMMUNITY.LAWYER OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF COMMUNITY.LAWYER IN CONNECTION WITH THE WEBSITE AND SERVICE EXCEED $100 OR THE AMOUNTS YOU PAID TO COMMUNITY.LAWYER IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.

YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OR NATION OF RESIDENCE.

H. Indemnity

You agree to indemnify Community.lawyer for all costs in connection with claims.

You agree to defend, indemnify, and hold Community.lawyer its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members harmless from any damage, loss, cost, or expense (including but not limited to attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action brought or asserted against any of the indemnified parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these terms by you; (ii) arising from or related to your use of the service; or (iii) arising from or related to your user content.

If you are required to provide indemnification, Community.lawyer may, in its sole and absolute discretion, control any claim at your sole cost and expense. You may not settle, compromise, or in any other manner dispose of any claim without Community.lawyer’s consent.

I. Changes to the Service; Termination

Community.lawyer may terminate or modify the service or your use of the website at any time unless termination procedures are otherwise provided in a Software License Agreement the user has separately entered into with Community.lawyer (in which case termination is governed by that agreement). Community.lawyer may, in its sole and absolute discretion and without any liability, modify, suspend, or discontinue any aspect of the service, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the service at any time for any reason or no reason at all. If we terminate your use of the service, you must cease all use of the service immediately. These terms will survive indefinitely unless and until Community.lawyer chooses to terminate them.

J. Disputes

If you have any dispute with us, you agree that before taking any formal action, you will contact us at hello@community.lawyer, provide a brief, written description of the dispute, and your contact information and allow sixty days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:

These terms, your use of the service, and any other matter relating to Community.lawyer will be governed by the laws of the state of New York, without regard to conflict of laws principles.

These terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer­ Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in New York, New York. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:

First, if we reasonably believe that you have in any manner violated or threatened to violate these terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in New York, New York if the claim and the parties are within the jurisdiction of the small claims court.

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICE, OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

K. Miscellaneous

Except as provided in any applicable Software License Agreement between Community.lawyer and the user, these terms make up the entire agreement between the parties regarding Community.lawyer and supersedes any prior agreements.

Under no circumstances will Community.lawyer or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Community.lawyer’s reasonable control.

The service is controlled and offered by Community.lawyer from the United States of America. Community.lawyer makes no representation that the service may be used in or complies with the laws of other locations. Use from other locations is at your own risk. You consent to processing in the United States of America of the data you provide.

If you provide us with your email address, you agree that we may send you emails related to the service or your account. If you do not want to receive promotional emails related to the service, you can opt­ out by following the instructions in our messages. You may not opt out of emails relating to the administration of any service you request. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to communicate with or give notice to us, you must use the address: Community.lawyer, P.B.C., 150 Court St, 2nd Floor, Brooklyn, NY 11201.

You may not transfer your rights or obligations under these terms without the prior written consent of Community.lawyer. Community.lawyer may freely do so, in whole or in part. These terms will be binding upon the successors and permitted assigns of you and Community.lawyer. These terms do not create any third party beneficiary rights. These terms will be interpreted as if equally drafted by Community.lawyer and you. A party’s failure or delay in exercising (in whole or in part) any right, power, or privilege under these terms will not waive its rights to exercise such right, power, or privilege in the future. If any provision of these terms is declared invalid or unenforceable, then such provision will be deemed automatically amended to the minimum extent necessary to conform to the requirements for validity, and the remaining provisions of these terms will remain in full force and effect.

You acknowledge that you have read, understood, and are bound by these terms of service, as well as by the Privacy Policy of Community.lawyer. If you have any questions about this agreement, please email us at hello@community.lawyer.