LegalQ® Terms and Conditions – Consumers
Last Modified: August 25, 2021
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
LegalQ may amend the Terms from time to time. Amendments will be effective upon LegalQ’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as may be amended from time to time. This written notice must be provided either (a) by mail or hand delivery 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, or (b) by email from the email address associated with your Account to: contact@LegalQ.io. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
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.
The Services comprise of mobile applications, website (“Website”) and related services (each, an “Application”), which enable users to arrange and schedule limited-scope consultations with independent third party attorneys under agreement with LegalQ (“Third Party Attorneys”). YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN LIMITED SCOPE CONSULTATIONS THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH LEGALQ AS AN ATTORNEY OR AN ATTORNEY REFERRAL SERVICE. LEGALQ DOES NOT OFFER LEGAL ADVICE OR SERVICES. ANY USE OF THE SERVICES IS NOT INTENDED TO, AND DOES NOT, CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND LEGALQ.
Subject to your compliance with these Terms, LegalQ grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. 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 Services; (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 Services except as expressly permitted by LegalQ; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services 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 Attorneys. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
The 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 Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner LegalQ’s company names, logos, product and service names, trademarks or services marks or those of LegalQ’s licensors.
Accessing and Using the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to LegalQ certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by LegalQ. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by LegalQ in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Attorney or any other party. If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Services and LegalQ may charge you a cancellation fee for a transaction that could not be completed because of your failure to comply with these Terms. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging, E-mail 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 Services textual, audio, and/or visual content and information, including commentary and feedback related to the 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 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 Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. LegalQ does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Limited Scope Initial Consultation; Professional Responsibility
LEGALQ OFFERS USERS TO PURCHASE LIMITED-SCOPE INITIAL CONSULTATIONS WITH THIRD PARTY ATTORNEYS. YOU HAVE THE OPTION OF PAYING FOR 15 OR 30 MINUTES OF THE THIRD PARTY ATTORNEY’S TIME, DURING WHICH THE THIRD PARTY ATTORNEY WILL PROVIDE LIMITED SCOPE, INITIAL CONSULTATION SERVICES.
IF YOU AND THE THIRD PARTY ATTORNEY DECIDE TO CONTINUE ENGAGING AFTER THE CONCLUSION OF THE INITIAL CONSULTATION, SUCH ENGAGEMENT SHALL TAKE PLACE OUTSIDE OF THE LEGALQ PLATFORM, AND LEGALQ WILL NOT BE A PARTY TO SUCH ENGAGEMENT. THE TERMS AND CONDITIONS OF ANY SUCH ENGAGEMENT OUTSIDE OF THE LEGALQ PLATFORM SHALL BE ESTABLISHED SOLELY BETWEEN YOU AND THE THIRD PARTY ATTORNEY. THE THIRD PARTY ATTORNEY IS RESPONSIBLE FOR MAKING THEIR OWN INDEPENDENT DETERMINATION, ACCORDING TO THEIR OWN PROFESSIONAL JUDGMENT, OF WHETHER THEY CAN OR WILL CHOOSE TO REPRESENT YOU PURSUANT TO A NEW SEPARATE ENGAGEMENT.
MANY LEGAL MATTERS ARE TIME-SENSITIVE. PARTIES MAY BE REQUIRED TO TAKE CERTAIN ACTIONS WITHIN DEFINITE TIME FRAMES, IN ORDER TO PRESERVE AND PROTECT THEIR RIGHTS. NEITHER LEGALQ NOR THE THIRD PARTY ATTORNEYS ARE WARRANTING THAT THEY WILL SOLVE YOUR LEGAL ISSUE OR THAT THE THIRD PARTY ATTORNEY WILL REPRESENT YOU AFTER THE INITIAL CONSULTATION.
LEGALQ IS NOT WARRANTING THE PROFESSIONAL QUALIFICATIONS OR REFERRING YOU TO ANY PARTICULAR THIRD PARTY ATTORNEY. THIRD PARTY ATTORNEYS ATTEST TO LEGALQ THEY ARE IN GOOD STANDING AND INDICATE THEIR PREFERRED PRACTICE AREAS AND GEOGRAPHIC LOCATIONS OF STATE(S) OF LICENSURE.
Disclaimers; Limitation of Liability; Indemnity.
THE 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 SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LEGALQ DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY ATTORNEYS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE 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 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 SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY ATTORNEY, 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 SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE CONSULTATIONS WITH THIRD PARTY ATTORNEYS, BUT YOU AGREE THAT LEGALQ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CONSULTATION SERVICES PROVIDED TO YOU BY THIRD PARTY ATTORNEYS 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 Services or services or goods obtained through your use of the Services; (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 Third Party Attorneys.
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 Services shall be instituted exclusively in the State of Minnesota, in each case located in Hennepin County, although LegalQ retains 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.
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 Services, electronic mail to your email address in your 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 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 Attorney as a result of this Agreement or use of the 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. This provision shall not affect the Severability and Survivability section of these Terms.
Reliance on Information Posted.
The information presented on or through the Website and Application is made available solely for general information purposes. LegalQ do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. LegalQ disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Application, or by anyone who may be informed of any of its contents.
The Website and Application includes content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting 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. LegalQ is 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 Application.
LegalQ may update the content and features of the Website and Application from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Website or Application may be out of date at any given time, and LegalQ is under no obligation to update such material.
Information About You and Your Visits to the Website.
Linking to the Website.
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our 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.
- 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 Application.
If the Website or Application 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 Application, 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 Services, Website or Application should be directed to: email@example.com