- Smartlawyeronline is not a law firm. We are not offering legal representation and do not offer any legal advice, opinions, recommendations, and referrals or counselling.
- Lawyers who you may engage through your use of smartlawyeronline’s Service are not employees or agents of smartlawyeronline and at no point may smartlawyeronline be held liable for acts or omissions of any Network Participant performing services for you.
- Smartlawyeronline does not provide legal advice. Smartlawyeronline does not offer legal advice or services and does not make any assessment of your legal issues, needs or requirements.
- No attorney-client relationship is formed through your use of smartlawyeronline and any communication with smartlawyeronline, including in connection with Project Proposals, may not be held confidential.
- Smartlawyeronline is not a lawyer referral service. You acknowledge that smartlawyeronline does not select or endorse any particular lawyer to service a User.
- Smartlawyeronline does not recommend or endorse any specific lawyers or legal advice. Smartlawyeronline does not make any kind of guarantee as to the legal ability, competence or quality of Network Participants.
- Content on the Website is not legal advice and is provided for informational purposes only. As such, it is not a replacement for legal advice from a qualified legal professional.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, SERVICE OR CONTENT
Content” means any content featured or displayed throughout the Website or provided to you by www.smartlawyeronline.com in connection with your use of the Service, including but not limited to text, documents, information, data, articles, blog posts, guidance, diagnostic tools, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and other materials that are available on the Website or provided to you by www.smartlawyeronline.com in connection with your use of the Service.
Smartlawyeronline,” “we,” “us” and “our” mean Smartlawyeronline, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents and employees.
Network Participants” means professionals in the legal field who may provide limited services to Users they communicate with through our Service and who have agreed to be bound by this Agreement and our terms of participation for such legal professionals (the "Network Participation Agreement"). Network Participants are not employees or agents of www.smartlawyeronline.com
The “Service” means all of the services provided by smartlawyeronline, including but not limited to all Content, services and products available through the Website www.smartlawyeronline.com is not a law firm and does not provide a lawyer referral service.
The “User,” “You” and “Your” refer to the person, company or organization that has visited or is using our Website and/or our Service. Users may initiate a project through our standard project detail forms (“Standard Project Proposals”) or by submitting a custom project detail form (“Custom Project Proposals” and, together with Standard Project Proposals, “Project Proposals”) to solicit Network Participants for limited legal services (“Projects”). Network Participants may, but are not required to, submit responses (“Bids”) to Custom Project Proposals.
User-Generated Content” means Content that has been submitted by a User or that has been created in connection with the User’s use of the Service or the Website.
The “Website” means smartlawyeronline’s website located at smartlawyeronline, all subpages and sub domains and all content, services and products available through the Website.
About our Service
Smartlawyeronline provides a platform to facilitate communication and collaboration between Network Participants and Users seeking legal services. Our role is solely to facilitate the interaction of Network Participants with Users.
- Smartlawyeronline is not a law firm. Smartlawyeronline is not offering legal representation and does not offer any legal advice, legal opinions, recommendations, referrals or counselling. Network Participants are not employees or agents of smartlawyeronline.
- Smartlawyeronline is not (i) a party to any engagement agreements entered into between Users and Network Participants, or (ii) involved in the provision of legal services to, or legal representation of, Users in connection with a Project or otherwise. At no point may smartlawyeronline be held liable for the actions or omissions of any Network Participant performing services for you. Fees for legal services are not shared between Network Participants and smartlawyeronline.
- Smartlawyeronline does not provide legal advice. Smartlawyeronline does not offer legal advice or services. Any use of the Website and/or Service is not intended to and does not create an attorney-client relationship. Smartlawyeronline is not liable for the actions or omissions of any Network Participant performing services for you. You acknowledge that although some of the Content provided to you on the Website may be provided by individuals in the legal profession, the provision of such Content does not create an attorney-client relationship and does not constitute an opinion or legal advice but is provided as general information about legal requirements and procedures and to assist you in engaging appropriate legal assistance from a qualified legal practitioner. Smartlawyeronline does not make any direct assessment of your legal issues, needs or requirements.
- No attorney-client relationship. No attorney-client relationship is created by using the Website or Service or by using the Content provided by or through the use of the Website, including, but not limited to, links to other websites or any assistance we may provide to help you find an appropriate legal professional. Any communication directly with smartlawyeronline, including any documents shared with, or uploaded using tools or services provided by, Smartlawyeronline may not be held confidential. We make no guarantees, representations or warranties, whether express or implied, with respect to professional qualifications, expertise, quality of work or other information related to any Network Participant. Further we do not in any way endorse any individual described on our Website or through our Service. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- Smartlawyeronline is not a lawyer referral service. Smartlawyeronline is not a lawyer referral service and does not provide such services. Users and Network Participants acknowledge that smartlawyeronline does not select or endorse any individual Network Participant to service a User. Smartlawyeronline takes every reasonable effort to verify that our Network Participants are licensed attorneys. We do not make any warranty, guarantee or representation as to the legal ability, competence, quality or qualification of any Network Participant. Smartlawyeronline requires each potential Network Participant to provide proof of professional liability insurance before being registered as a Network Participant. Smartlawyeronline does not warrant or guarantee that Network Participants are covered by professional liability insurance and Smartlawyeronline makes no warranty or guarantee with respect to the sufficiency of such professional liability insurance. Although this Agreement requires Network Participants to provide accurate information, we do not attempt to confirm, and do not confirm, any Network Participant’s purported identity. Users agree to independently research any Network Participant and independently evaluate the Network Participant’s qualifications before deciding to accept professional advice from a Network Participant. Smartlawyeronline does not endorse any Network Participant’s work-product. By using our Website and/or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Network Participants will be limited to a claim against the particular Network Participants or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from, smartlawyeronline with respect to such actions or omissions.
- Smartlawyeronline does not guarantee results. From time to time, Users may submit reviews of Network Participants. These reviews do not constitute a guarantee, warranty or prediction regarding the outcome of any future legal matter. Smartlawyeronline will have no responsibility or liability of any kind for any User-Generated Content you encounter on or through the Website, and any use or reliance on User-Generated Content is undertaken solely at your own risk.
- Prices on the Website and/or Service are estimates only. Some of the Content on our Website and/or Service may include pricing for certain limited-scope Projects based on typical fact patterns associated with such Projects. Any and all posted prices are estimates only and pricing is not guaranteed until a separate engagement agreement has been executed between you and the Network Participant and only after the Network Participant has agreed to the formation of an attorney-client relationship.
Authorization and Acknowledgement
In connection with using the Website and Service to locate legal professionals, you understand that:
- Smartlawyeronline selects lawyers to be Network Participants based on a pre-existing application process with the lawyers;
- Smartlawyeronline will provide you with a list of Network Participants who may be suitable to deliver the legal services that you are seeking based solely on the information that you provide to smartlawyeronline (such as your industry, geographical location and the nature of your legal issue); you are ultimately responsible for choosing your own lawyers or legal-service providers;
- your selection of a Network Participant is not a guarantee that you will be able to work with such Network Participant and no attorney-client relationship is formed with a Network Participant until both you and such Network Participant have signed an engagement letter; and
- Smartlawyeronline may provide pricing estimates only for certain Projects and such pricing is not guaranteed until a separate engagement agreement has been executed between you and a Network Participant.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or, if you are accessing the Service or Website on behalf of an entity, that you are authorized to enter into, and bind the entity to, this Agreement.
- Relationship with Network Participants. Because we cannot guarantee the fitness of any of our Network Participants for your specific needs, we encourage Users to research any Network Participant before accepting professional advice. Users may also request a written engagement agreement specifying the terms, scope, limitations and conditions of the representation by the Network Participant.
- No reliance on Content. Content on the Website is provided for informational purposes only with no assurance that the Content is true, correct or accurate. The Content provided on the Website is not intended as a substitute for, nor does it replace, professional legal advice. You are encouraged to independently confirm the Content contained on the Website with other sources and to seek the advice of a qualified lawyer. Do not disregard, avoid or delay obtaining legal advice from a qualified attorney because of something you may have read on the Website. Your use of Content provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through the Service is intended to be, and must not be taken to be, the practice of law or the provision of legal advice.
- Compliance with laws. You represent and warrant that: (i) you have the authority to, and are of the legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules and regulations, and with all other smartlawyeronline policies.
- You may use the Website and/or Service for lawful, non-commercial purposes only. You may not use the Website in any manner that could damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining or any other means. In addition to our rights pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.
- Prohibited content. You agree that you will not under any circumstances transmit any Content that:
o is unlawful or promotes unlawful activities;
o defames, harasses, abuses, threatens or incites violence toward any individual or group;
o is pornographic, discriminatory or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
o is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
o contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
o infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
o impersonates any person or entity, including any of our employees or representatives; or
o Violates the privacy of any third party.
- Users must be over age 18.You represent that you are over the age of 18. Smartlawyeronline does not target our Content to those under 18, and we do not permit any Users under 18 on our Service.
- No liability for User interactions; Smartlawyeronline may monitor interactions. Any liability, loss or damage that occurs as a result of any User and/or Network Participant interactions, including but not limited to any Projects that you engage in through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
- You own any User-Generated Content that you create and submit or upload to the Website, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove any and all Content, including User-Generated Content, in our sole discretion.
- You may create content, written or otherwise, while using the Service. You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
- You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
- Except for Content that originates from smartlawyeronline, we do not claim ownership of any User-Generated Content.
- You grant smartlawyeronline the following rights to your User-Generated Content: by posting any User-Generated Content on the Website or providing any User-Generated Content through the Service, you expressly grant smartlawyeronline and our successors a worldwide, sub-licensable, fully-paid and royalty-free and non-exclusive license to use, reproduce, display, modify, adapt, distribute and perform the User-Generated Content in connection with smartlawyeronline’s business purpose.
- Network Participants are legal professionals who may perform Projects for Users. They operate independently from smartlawyeronline and do not share fees with smartlawyeronline. Network Participants are also subject to our Network Participation Agreement
- Network Participants must comply with any and all rules or laws governing the practice of law in their jurisdiction. Network Participants understand and agree that conflicts of interest may arise in connection with the representation of a User or the performance of a particular Project, in which case they must disqualify themselves pursuant to the rules of professional conduct in their jurisdiction. Network Participants agree that they shall provide accurate information as to their identity shall not provide legal advice on the Website but rather general information and shall adhere to all policies and terms of conditions as posted on the Website.
- Through use of the Website and/or Service, each Network Participant hereby represents and warrants that:
- such Network Participant is an attorney lawfully licensed and eligible to practice law in all jurisdictions indicated by such Network Participant in its application to the smartlawyeronline lawyer network and in the profile it creates and maintains on the Website (a "Network Participant Profile");
- such Network Participant is in good standing in the legally recognized jurisdiction(s) in which he/she is lawfully licensed; and
- Network Participant maintains professional liability insurance.
- At any time that a Network Participant is no longer (i) licensed or authorized to practice law, (ii) in good standing in the legally recognized jurisdiction(s) in which he/she is lawfully licensed, or (iii) maintaining professional liability insurance, such Network Participant must immediately cease usage of the Website and the Service and must immediately notify smartlawyeronline.
- Use of the Website does not form an attorney-client relationship between Users and Network Participants. Information posted or made available on or through the Website and/or Service, including but not limited to any responses to Project Proposals or Bids, information posted publicly through the Website or information sent in a message to a User is not intended as legal advice, is not confidential and does not create an attorney-client relationship. It is considered User-Generated Content.
- An attorney-client relationship between a Network Participant and a User may be formed through the use of the Service. Users may submit Project Proposals through the Service. Network Participants may submit Bids and negotiate the details of these Projects prior to acceptance. Upon acceptance, the scope of a Network Participant’s representation is strictly limited to the matter agreed upon in the Bid or Project Proposal, and the Network Participant and User may sign an engagement letter detailing the limited scope of this representation. Smartlawyeronline makes every reasonable effort to ensure the privacy of Project Proposals and Bids on our Service, but we cannot guarantee confidentiality.
- Network Participants are solely responsible for ensuring that any information, solicitations or advertisements they post or place on the Website, including without limitation User-Generated Content, Network Participant Profiles, and any communications they may have with prospective clients through the Website or Service, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising or other matters.
Payment of Network Participants
- Smartlawyeronline is not a party to contracts. Users may contract with Network Participants through the solicitation and acceptance of Projects. Such contracts are solely between the User and the Network Participant. Smartlawyeronline will not be a party to any contracts for Projects submitted through our Service. Smartlawyeronline facilitates these contracts by supplying a platform for relationship management and payment tools.
- All legal fees are paid to Network Participants. No legal fees for Projects are split or shared between Network Participants and smartlawyeronline. Smartlawyeronline charges a transaction and technology fee (“Smartlawyeronline Fee”) for each Project facilitated by smartlawyeronline in exchange for the services we provide to our Users. This fee, if any, is separate and distinct from all legal fees, and is displayed to all Users as a separate amount. If a legal fee agreed upon by a User and a Network Participant for a Project is subsequently reduced, smartlawyeronline has the right, but not the obligation, to reduce the smartlawyeronline Fee for such Project on a pro-rata basis.
- Network Participants must receive payment through the Service. Network Participants who receive Projects through the Service must receive payment through the Service for all such Projects. Smartlawyeronline will terminate a Network Participant’s access to and use of the Website if such Network Participant is found to be accepting payment outside the Service for work accepted through the Service. Network Participants will also be responsible for reimbursing smartlawyeronline for the smartlawyeronline Fee that would otherwise have been due to smartlawyeronline for Projects learned of or accepted through the Service and for which such Network Participant accepted payment outside of the Service.
- Use of coupons is at the discretion of Smartlawyeronline. From time to time, smartlawyeronline may offer Users discounts on Projects initiated through the Service. These coupons are for one-time use only and may be rescinded or revoked at any time in our sole discretion.
- By using the Service, you will be able to access Content belonging to or originating from third parties (“Third-Party Content”). Your use of the Service is consent for smartlawyeronline to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third-Party Content.
- As part of the Service, smartlawyeronline may provide you with links to third-party websites as well as other forms of Third-Party Content. These links are provided as a courtesy to Users and Network Participants. We have no control over third-party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse such content, nor are we responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than smartlawyeronline. We are not responsible for any Third-Party Content accessed through our Website. If you decide to leave the Website and access Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
- This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter or otherwise use any Third-Party Content except as permitted by smartlawyeronline’s terms and conditions.
- Smartlawyeronline retains ownership of all our intellectual property, including our copyrights, patents and trademarks.
- Smartlawyeronline retains ownership of all intellectual property rights of any kind related to the Website and the Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any smartlawyeronline or third-party intellectual property, and all right, title and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.
- Smartlawyeronline and all other trademarks that appear, are displayed or are used on the Website or as part of the Service are registered or common law trademarks or service marks of smartlawyeronline, Inc. These trademarks may not be copied, downloaded, reproduced, used, modified or distributed in any way without prior written permission from smartlawyeronline, except as an integral part of any authorized copy of the Content.
- We use email and electronic means to stay in touch with our Users and Network Participants.
- You may terminate your use of the Service at any time. Termination of your use of the Service does not terminate any attorney-client relationships you may have formed with Network Participants. If you wish to terminate this Agreement, you may simply discontinue using the Website and the Service.
- Smartlawyeronline may terminate your access to all or any part of the Website at any time, with our without cause, with or without notice, effective immediately.
- Termination of your relationship with smartlawyeronline does not affect your relationship with any Network Participant you have retained through our Service. All legal, contractual and ethical duties, obligations and responsibilities survive termination of the smartlawyeronline relationship.
- All provisions of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Smartlawyeronline provides the Website, the Content and the Service “as is,” without warranty of any kind. We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, smartlawyeronline expressly disclaims all warranties, whether express, implied or statutory, with respect to the Website and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy and non-infringement. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
Smartlawyeronline makes no representation or warranty that the information we provide or that is provided through the Service is effective, accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location; that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Service.
Limitation of Liability
We will not be liable for damages or losses arising from your use of the Service or arising under this Agreement. To the maximum extent permitted by applicable law, in no event will smartlawyeronline be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of your User-Generated Content; (ii) your use or inability to use the Service; (iii) the Service generally or the software or systems that make the Service available; or (iv) any other interactions with smartlawyeronline, any Network Participant or any other User of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not smartlawyeronline has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Smartlawyeronline will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
Release and Indemnification
- You agree to indemnify and hold harmless smartlawyeronline from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
- If you have a dispute with one or more Users or Network Participants, you release smartlawyeronline from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”