LegalQ® Terms and Conditions – Third Party Attorneys
Last Modified: June 13, 2022
IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT (THE “AGREEMENT”) IS ACCEPTING ON BEHALF OF A LAW FIRM, PARTNERSHIP OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERM “ATTORNEY” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, SUCH INDIVIDUAL MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
These LegalQ Terms and Conditions – Third Party Attorneys (“Terms”) are hereby accepted and agreed to by the attorney identified within the LegalQ sign-up process (“Attorney” or “You”), and constitute a legally binding agreement by and between Attorney and LegalQ, Inc. (“LegalQ,” or the “Company”). Attorney’s access to and use of the Third Party Attorney Services and Applications (as defined below) is subject to the Agreement and may be modified or updated by LegalQ from time to time, effective upon posting an updated version of these Terms. Attorney is responsible for updating contact information and regularly reviewing the Terms and any applicable addenda, updates or supplemental information received from LegalQ. Continued use of the Third Party Attorney Services (as defined below) after any such modifications or updates shall constitute Attorney’s consent to such changes. Use of the word “including” in these Terms means “including but not limited to.”
LegalQ makes available certain proprietary technology services, including a website (https://legalq.io and https://attorney.legalq.io and https://app.legalq.io, collectively the “Website”), mobile application or other technology interface (each an “Application” and collectively the “Applications”) that allow Attorneys conduct limited scope initial consultations with Customers (as defined below), including communications platforms, on-demand lead generation, payment processing, marketing, advertising and promotional services, proprietary information services, onboarding, operational and other support services (“Third Party Attorney Services”). LegalQ’s collection and use of personal information in connection with the Third Party Attorney Services is described in LegalQ’s Privacy Statements located at: https://legalq.io/privacy-policy/.
In connection with the provision of Third Party Attorney Services to Attorney, LegalQ, on behalf of Attorney, may respond to complaints by Attorney’s customers (“Customers”) about the consultation services and user experience delivered through the Applications. For the avoidance of doubt, as between Attorney and LegalQ, LegalQ will retain sole and absolute control over the Applications (and elements of the user experience and user interface related to the Applications).
Attorney will comply with all applicable laws, regulations, and rules of professional conduct governing the practice of law in Attorney’s applicable jurisdiction (“Professional Standards”). Attorney will determine which Professional Standards apply in connection with its use of the Third Party Attorney Services and Applications, and will ensure its own compliance at all times with Professional Standards, using the Attorney’s independent professional judgment. If Attorney fails to comply with Professional Standards, LegalQ may, in its sole discretion, terminate Attorney’s access to the Applications and Third Party Attorney Services. Attorney warrants that all information it provides in connection with the Third Party Attorney Services are, and will at all times, remain accurate.
LegalQ processes payments using the Stripe online payment platform. All Users making or receiving payments via LegalQ agree to the Stripe terms of service found at www.stripe.com. To ensure uninterrupted service and to enable Users to conveniently purchase additional products and services, LegalQ and/or Stripe may store your payment method on file. Please note that it is your responsibility to maintain current billing information on file with LegalQ. Payment processing services for Users on LegalQ are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on LegalQ, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of LegalQ enabling payment processing services through Stripe, you agree to provide LegalQ accurate and complete information about you and your business, and you authorize LegalQ to share it and transaction information related to your use of the payment processing services provided by Stripe.
Subject to your compliance with these Terms, LegalQ grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications and Third Party Attorney Services. Any rights not expressly granted herein are reserved by LegalQ and LegalQ’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Applications; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Applications except as expressly permitted by LegalQ; (iii) decompile, reverse engineer or disassemble the Applications except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Applications; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Applications or unduly burdening or hindering the operation and/or functionality of any aspect of the Applications; or (vi) attempt to gain unauthorized access to or impair any aspect of the Applications or its related systems or networks.
Third Party Applications and Content
The Applications may be made available or accessed in connection with third party services and content (including advertising) that LegalQ does not control. You acknowledge that different terms and privacy policies may apply to your use of such third party services and content. LegalQ does not endorse such third party services and content and in no event shall LegalQ be responsible or liable for any products or services of such third party providers.
The Applications, the Third Party Attorney Services and all rights therein are and shall remain LegalQ’s property or the property of LegalQ’s licensors. Neither these Terms nor your use of the Applications or Third Party Attorney Services convey or grant to you any rights:
- in or related to the Applications or the Third Party Attorney Services except for the limited license granted above; or
- to use or reference in any manner LegalQ’s company names, logos, product and service names, trademarks or service marks or those of LegalQ’s licensors.
Accessing and Using the Third Party Attorney Services
Text Messaging and Telephone Calls
User Provided Content
LegalQ may, in LegalQ’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LegalQ through the Third Party Attorney Services textual, audio, and/or visual content and information, including commentary and feedback related to the Third Party Attorney Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to LegalQ, you grant LegalQ a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Third Party Attorney Services and LegalQ’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant LegalQ the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor LegalQ’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LegalQ in its sole discretion, whether or not such material may be protected by law. LegalQ may, but shall not be obligated to, review, monitor, or remove User Content, at LegalQ’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Third Party Attorney Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Third Party Attorney Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Third Party Attorney Services and Applications and any updates thereto. LegalQ does not guarantee that the Third Party Attorney Services, or Applications, or any portion thereof, will function on any particular hardware or devices. In addition, the Third Party Attorney Services and Applications may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Disclaimers; Limitation of Liability; Indemnity
THE APPLICATIONS AND THIRD PARTY ATTORNEY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LEGALQ DISCLAIMS 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, LEGALQ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE APPLICATIONS, THIRD PARTY ATTORNEY SERVICES OR THAT THE THIRD PARTY ATTORNEY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE THIRD PARTY ATTORNEY SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
LEGALQ 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 THIRD PARTY ATTORNEY SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF LEGALQ, EVEN IF LEGALQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LEGALQ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE THIRD PARTY ATTORNEY SERVICES OR YOUR INABILITY TO ACCESS OR USE THE ATTORNEY SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CUSTOMER, EVEN IF LEGALQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LEGALQ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LEGALQ’S REASONABLE CONTROL.
THE THIRD PARTY ATTORNEY SERVICES MAY BE USED BY YOU TO SELL AND CONDUCT LIMITED SCOPE INITIAL CONSULTATIONS WITH CUSTOMERS, BUT YOU AGREE THAT LEGALQ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES YOU PROVIDE TO CUSTOMERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER 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, LEGALQ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON LEGALQ’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold LegalQ and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Third Party Attorney Services or Applications; (ii) your breach or violation of any of these Terms; (iii) LegalQ’s use of your User Content; or (iv) your violation of the rights of any third party, including Customers.
Choice of Law, Jurisdiction, Venue
These Terms are governed by and construed in accordance with the laws of the State of Minnesota, USA, without giving effect to any conflict of law principles.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Third Party Attorney Services shall be instituted exclusively in the State of Minnesota, in each case located in Hennepin County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At LegalQ’s sole discretion, it may require you to submit any disputes arising from these Terms or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law, without giving effect to any choice or conflict of law provision or rule.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to LegalQ’s registered agent, whose name and current contact information is available here.
Intellectual Property of LegalQ
All website design, text, graphics, the selection and arrangement thereof, are owned by LegalQ, Inc. LegalQ, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of LegalQ, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
LegalQ may give notice by means of a general notice on the Third Party Attorney Services, electronic mail to your email address in your LegalQ account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your LegalQ account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to LegalQ, with such notice deemed given when received by LegalQ, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o LegalQ, Inc.. The name and current contact information for the registered agent is available online here.
You may not assign these Terms without LegalQ’s prior written approval. LegalQ may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LegalQ’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, LegalQ or any third party provider as a result of this Agreement or use of the Third Party Attorney Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. LegalQ’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LegalQ in writing.
Reliance on Information Posted
The information presented on or through the Website and Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Applications, or by anyone who may be informed of any of its contents.
The Website and Applications includes content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting Third Party Attorney Services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website and Applications
We may update the content and features of the Website and Applications from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Website or Applications may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website
You may link to LegalQ’s Website homepage, provided you do so in a way that is fair and legal and does not damage LegalQ’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on LegalQ’s part without LegalQ’s express written consent. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
You must not:
- Link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with LegalQ in causing any unauthorized framing or linking immediately to stop. LegalQ reserves the right to withdraw linking permission without notice.
Links from the Website and Applications
If the Website or Applications contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. LegalQ has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website or Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE OR APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website or Applications should be directed to: firstname.lastname@example.org.