Last updated June 17, 2019
LawyerLinx is a platform for individuals, companies or organizations (collectively, the “Client”) to find and exchange information with lawyers using LawyerLinx (the “Lawyers”). Clients, Lawyers and any other person or entity accessing and/or using LawyerLinx and/or the Services are herein collectively referred to as the “User”. LawyerLinx provides products, features, applications, services, technologies, and software that the Company makes available to the Users to advance the mission of LawyerLinx: To make legal services and legal resources more accessible for everyone. The services offered by LawyerLinx include:
1. Acceptance of Agreement
2. Using LawyerLinx
The User agrees to abide by any and all policies made available within LawyerLinx from time to time and further agrees and undertakes not misuse LawyerLinx. The User agrees not to interfere with LawyerLinx and/or Services or attempt to access LawyerLinx or Services using a method other than the interface and the instructions provided. The User may use LawyerLinx only as permitted by law and regulations. The Company may suspend or stop providing Services to any User who does not comply with the within this Agreement or any other policy made available within LawyerLinx.
You will use the Services responsibly. You will not, and will not attempt to, misuse the Services by using, or attempting to misuse, the Services to do things which include, but are not limited to, the following:
· violate the law in any way, or to violate the privacy of others, or to defame others.
3. Your Representations and Obligations
By creating and using a Client account, you agree to the following:
Lawyer accounts are only to be created and used by persons (i) licensed to practice law in the state or province which they select as their “Licensed State / Province”; and (ii) in good standing with the licensing body. By creating and using a Lawyer account, you agree to the following:
4. No Legal Advice or Lawyer-Client Relationship
Company provides the Services and Content on LawyerLinx for general information purposes only. It is neither intended as, nor should be considered legal advice or opinions of any kind. Neither the use of any Content or Service, nor the transmission of any Content or Service to the Company by e-mail or otherwise, will establish any lawyer-client, contractual or other relationship between the Company and any User.
5. Not a Referral Service
The Services offered by the Company through LawyerLinx are not a lawyer referral service. The Company does not select or endorse any individual Lawyer to service a Client. The Company takes reasonable effort to verify that Lawyers are licensed lawyers, however it does not make any warranty, guarantee or representation as to the legal ability, competence, quality, or qualifications of any Lawyer. The Company does not warrant or guarantee that any Lawyer is covered by professional liability insurance. Clients are required to confirm the professional standing of a Lawyer before retaining them or accepting professional advice.
6. Proposals and Contracts
Clients may, but are not required to, contract for the provision of legal services with a Lawyer whose proposal they have accepted in respect of their job. Such contracts and retainers for legal services are solely between the Client and the Lawyer. The Company is not a party to any contracts for legal services between a Client and a Lawyer as a result of initial communications through LawyerLinx. The Company facilitates these contracts by supplying a marketing platform only. All legal fees are paid to the Lawyer with whom the Client contracts. No legal fees are split or shared between the Lawyer and the Company.
LawyerLinx may use mechanisms that enable Clients to rate or review a Lawyer whose proposal they accepted and may make these ratings or reviews publicly available. We do not and are under no obligation to monitor,censor, investigate or verify ratings or reviews. Notwithstanding that we do not and are under no obligation to monitor, censor, investigate or verify ratings or reviews, we may, upon request by a User, investigate ratings or reviews. In order to protect the integrity of the Services and other Users from abuse, we reserve the right, but are under no obligation, to remove any rating or review.
If you post a rating or review you may be held legally responsible for damages suffered by other Users or third parties if such remarks are defamatory or otherwise legally actionable. We are not legally responsible for any ratings or reviews, even if such ratings or reviews are defamatory or otherwise legally actionable. You will have no ownership interest in or licence to use any ratings or reviews posted on LawyerLinx.
8. Data and Privacy
Providing our Service requires collecting and using User information (the “Information”). As the Services enable you to share information with other Users, the Information you share belongs to the Company.
You acknowledge the Company has no obligation to monitor any Information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of information or any other Information you may be able to access using the Services.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify LawyerLinx of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of Information to LawyerLinx, it is your responsibility to use a secure encrypted connection to communicate with the Services.
The Services offered and Content posted on LawyerLinx are provided "as is", “as available” basis without any representations, warranties or conditions, whether expressed or implied, statutory or otherwise, including, without limitation, any representations, warranties or conditions as to quality, accuracy, currency, correctness, fitness for particular use, completeness, adequacy, reliability, suitability, uninterrupted access, error free operation, or the absence of computer viruses and other harmful components or corrupted data or information.
The Services and Content within LawyerLinx should never be considered a substitute for professional legal analysis and advice. Validity of information may vary greatly by jurisdiction. Laws change rapidly and are subject to interpretation. No User shall rely on any Content provided on LawyerLinx and should seek legal advice. The User assumes all responsibilities and obligations with respect to any decisions made as a result of the use of any Content or Service. LawyerLinx makes available certain Content created entirely by the Lawyers and such Content is solely the responsibility of such contributing Lawyers. The Company cannot, and does not, represent or warrant the reliability, accuracy and quality of Content created by a Lawyer. The Company has no responsibility for such Content; rather the Company is merely providing access to such Content as a service to the Client. The Client shall exercise appropriate discretion, good judgment and caution in accessing any and all Content on LawyerLinx and bears all risk associated with any accessed Content.
11. Limitation of Liability
TO THE MAXIMUM PERMITTED BY LAW, THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, THIRD-PARTY SERVICE-PROVIDERS AND AFFILIATES (COLLECTIVELY THE “AFFILIATED PARTIES”) HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF LAWYERLINX AND/OR THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), SERVICE AND/OR PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND THE COMPANY. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
If, notwithstanding the previous provision, any one or more of the Affiliated Parties are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Service and/or LawyerLinx (including the use of any Content) exceed the greater of the total amounts you paid to us in the 12 months prior to the action giving rise to liability, and (b) One Hundred Canadian Dollars ($100.00 CAD).
12. Links & Third Parties
LawyerLinx may contain links to other sites controlled by parties other than the Company (the “Third Parties”). The provision of these links is for convenience only and does not constitute an endorsement, recommendation or approval of any other sites. The Company is not responsible for the content, accuracy, or opinions expressed in any of the linked LawyerLinx, and makes no representations concerning any effort to review the content of any of the linked LawyerLinx. The Company shall have no liability related to or arising from such sites or the use thereof.
The Company retains all copyright, trade-mark and other rights in all Content and material made available on LawyerLinx, including the lawyer directory, its organization, gathering, compilation and other matters related to the Content, as well as all text and graphic images. Any rights not expressly granted herein are reserved. The copying, redistribution, use or publication of any Content or any part of LawyerLinx is strictly prohibited.
Some of our Services allow Lawyers to submit Content to be published on LawyerLinx and in other publications maintained by the Company. The Lawyer submitting such Content retains ownership of any intellectual property rights that the Lawyer holds in that Content, but that Lawyer gives the Company (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such Content. The rights the Lawyer grants in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if the Lawyer stops using our Services. Lawyers submitting any Content to LawyerLinx and/or Service shall ensure they have all requisite rights to grant the Company this license for any Content that is submitted.
We reserve the right in our sole discretion to edit or delete any Content whether produced by the Company or any Lawyer.
14. Limited Use
The viewing or downloading of any Content grants the User only a limited, non-exclusive license for use solely for the User’s own informational use and not for any commercial purpose, republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use. No portion of any Content posted on LawyerLinx may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User's own use, without the prior written permission of the Company.
15. User Accounts
Users may require a LawyerLinx account in order to use some of our Services and are responsible for the activity that happens on or through their LawyerLinx account. User accounts are not transferable. To protect their LawyerLinx account, the User shall keep the password confidential.
16. Indemnity and Release
By using LawyerLinx and/or the Services you agree to indemnify the Company and the Affiliated Parties and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of LawyerLinx and/or Services. By accessing LawyerLinx you are agreeing to release the Company and the Affiliated Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to LawyerLinx, the Services and/or the Content. Each and every User irrevocably agrees to waive all laws that may limit the efficacy of such releases.
Lawyer’s may purchase “Tokens” which can be used to submit proposals for jobs on LawyerLinx. All purchases are non-refundable. The price of tokens are subject to change from time to time.
18. Editing, Deleting & Modification
The Company may amend this Agreement from time to time without specific advance notice to the User. The latest Agreement will be posted on LawyerLinx and the User should review the latest Agreement prior to using LawyerLinx. The Company reserves the right in its sole discretion to edit or delete any Content appearing on LawyerLinx and to add or remove functionalities or features of the Service, or suspend or stop a Service altogether.
Each User represents that they are over the age of 18. The Company does not target our Services and/or Content to children or teenagers under 18 years of age.
These terms and conditions and the use of LawyerLinx shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario.
If for any reason, the previous paragraph is found to be not enforceable, you irrevocably attorn to the exclusive jurisdiction of the courts of Ontario.