LegalFix Terms of Service
Effective August 30, 2021
LegalFix is a legal information site for individuals, small business owners, and lawyers who have registered for a free account—but LegalFix also makes a limited amount of its information and related services available to unregistered users.
This Document Is A Legally Binding Agreement
This Terms of Service Agreement (Agreement) is a legally binding contract or agreement between you (you, your) and LegalFix, LLC (LegalFix, we, our). This Agreement contains the terms and conditions under which you may access and use the website, content, and information tools at www.legalfix.com (LegalFix Services or Site).
By checking the box "I have read and agree to the Terms of Service" and clicking "I agree" at the end of this Agreement—or by clicking the “I agree” button on the banner near the bottom of the Site or continuing to browse or use the Site—you agree to be bound by the terms and conditions of this Agreement, which is subject to LegalFix’s verification and acceptance of the information you provided in the Register for Free Account page on the Site.
By accessing or using the Site you also agree to the collection and use of your personal information, as described in the LegalFix —which is incorporated by reference in this Agreement—whether you are a registered free account user or an unregistered user.
Except for individual claims that may be filed and maintained in small claims court as provided in section 22 below, this Agreement requires all disputes between you and LegalFix (including its officers, directors, employees, agents, contractors, parents, affiliates, successors, and other companies under common control with us) to be resolved by binding arbitration on an individual basis, rather than by jury trials and class action proceedings. This Agreement also limits the remedies available to you in the event of a dispute. Please read the entire Agreement carefully.
Different Types of Accounts
We may provide different types of accounts for different types of users of the LegalFix Services. For example, if you create an account on behalf of a law school or other organization or entity, the definition and use of the words “you” and “your” in this Agreement will include you individually, and the law school, organization, or entity on whose behalf you are creating the account.
If you create an account on behalf of a law school or other organization or entity, you represent and warrant that you are an authorized representative of such entity; that you have actual authority to enter into this binding Agreement on behalf of such entity; and that you agree to this Agreement on behalf of such entity.
You Agree to Provide Complete and Accurate Information
You agree to provide complete and accurate information in connection with your registration for a free account. You understand that the failure to do so may result in the suspension or termination of your free account. You further agree to maintain the accuracy of such information on the Account Management page on the Site.
1. Your Use of LegalFix
a. Free Account for Registered Users
Upon approval by LegalFix of your free account registration—and subject to the terms and conditions of this Agreement—you are granted a non-exclusive, non-transferable, freely-revocable, limited license to use the LegalFix Services. LegalFix may terminate this license at any time and for any reason, or for no reason.
As an authorized free account user, you are permitted to use the LegalFix Services for lawful purposes and not in a manner that is commercially competitive to LegalFix. You may not share your password or access to the LegalFix Services.
b. Limited Free Access For Unregistered Users
Subject to the terms and conditions of this Agreement, as an unregistered user, you are granted a non-exclusive, non-transferable, freely revocable, limited license to use the features of the LegalFix Services that are accessible on the Site without registration. LegalFix may terminate this license at any time and for any reason, or for no reason. LegalFix may also remove or limit access to some or all features of the Site that were previously accessible to unregistered users, without prior notice.
c. Limitations on Access and Use of LegalFix Services
Limitations on Access
In addition to any other available contractual, legal, or equitable remedies, we may revoke, suspend, or terminate your account and access to all or any part of the LegalFix Services upon any violation or suspected violation of this Agreement, without prior notice.
You agree not to access or attempt to access any part of the LegalFix Services to which you are not authorized by an existing free account or as an unregistered user. And you agree not to circumvent or attempt to circumvent any access restrictions or controls, whether by hacking or other means.
You agree not to disclose your login information to anyone and understand and agree that you are responsible for anyone who improperly uses your login information to gain access to the LegalFix Services.
The LegalFix Services may only be used for lawful purposes, and only by persons who are 13 years of age or older. By accessing the Site or using the LegalFix Services you represent that you are 13 years of age or older.
Limitations on Use
By using all or any part of the LegalFix Services you agree not to engage in any of the following prohibited activities:
bulk downloading or automatic scraping of the data or materials on the Site;
any action that places or may place an unreasonable or disproportionately large load on the Site’s infrastructure, as determined in our sole discretion;
using any automated system to access the LegalFix Services in a way that sends more request messages to LegalFix’s servers than a human user can reasonably generate in the same amount of time by using a conventional online web browser. But LegalFix does grant the operators of public search engines permission to use spiders to copy certain materials from the LegalFix Services for the sole purpose of creating searchable indices of such materials and making such indices available to the public. LegalFix reserves the right to restrict the content that public search engines are able to copy or index, and to revoke all or part of that right at any time;
bypass the measures LegalFix may use to prevent or restrict access, use, or copying of the LegalFix Services; or
reverse-engineer, decompile, disassemble, or otherwise attempt to discern the source code of the components of the Site, or attempt to reproduce all or any portion of the components of the Site.
2. Publishing and Sharing Content on LegalFix
a. Lawyer Content
The LegalFix Services include summaries of legal topics (Quick Summaries) written by lawyers and answers provided by lawyers in response to questions posted by consumers and small business owners in our public forum (Ask a Lawyer) (collectively Lawyer Content).
Lawyers and law professors may publish this Lawyer Content to demonstrate and market their legal knowledge, share their knowledge with the LegalFix Services community, and help train law students on the legal issues facing individuals and small business owners.
LegalFix reserves the right to remove Lawyer Content from the LegalFix Services that does not appear to be authored by a lawyer or law professor, or that otherwise contains indicia of unreliability, or that includes inappropriate words or images, as determined by LegalFix. LegalFix will have no responsibility or liability for any decision to remove Lawyer Content or not to remove Lawyer Content (or content that purports to be Lawyer Content) from the Site.
LegalFix does not claim any right of ownership in the Lawyer Content. But by publishing your Lawyer Content on the LegalFix Services, you give us permission to use your Lawyer Content in whatever way we deem appropriate to increase the value of the LegalFix Services—including storing, displaying, reproducing, and distributing your Lawyer Content on the Site, on our social media pages (Facebook, LinkedIn, Twitter, Instagram, etc.), or elsewhere.
And by publishing your Lawyer Content on the LegalFix Services, you agree to allow others to view your Lawyer Content, and grant others the right to (1) share, post, adapt, or use your Original Lawyer Content for any purpose under the Creative Commons Attribution-ShareAlike license, and as permitted under the “Sharing the Content of Other Users” section below; and (2) share, post, adapt, or use Republished Lawyer Content for any purpose, as permitted under the “Sharing the Content of Other Users” section below.
We reserve the right to remove any Lawyer Content you publish or republish on the LegalFix Services, for any reason, or for no reason. All Lawyer Content you publish or republish on the LegalFix Services is governed by this Agreement, and any violation of this Agreement may result in your Lawyer Content being permanently deleted without prior notice.
LegalFix will not sell your Original Lawyer Content or Republished Lawyer Content to third parties for publication without your express permission. But ownership of the LegalFix Services may be transferred to another entity as part of a potential or complete merger, acquisition, or other sale or transfer of any of the assets of LegalFix.
You may delete your Original Lawyer Content or Republished Lawyer Content from the LegalFix Services at any time. If you delete your content from the LegalFix Services, there may be a delay in removing the content from public view due to system operational requirements. And if you delete your account or content, your content may be permanently deleted and not recoverable.
LegalFix will have no responsibility or liability for any Lawyer Content that you or any other user of the LegalFix Services publishes, republishes, transmits, or otherwise makes available through the LegalFix Services. You assume all responsibility and liability for such Lawyer Content, including for any person or entity’s reliance on its accuracy, and for any claim of ownership of the intellectual property or other legal rights in such content.
By publishing or republishing Lawyer Content on the LegalFix Services, you represent that you own the Lawyer Content or otherwise have the right to publish or republish the Lawyer Content. You agree to indemnify and hold LegalFix harmless from all claims related to Lawyer Content you publish or republish on the LegalFix Services.
Similarly, LegalFix will have no responsibility or liability for the use or misuse of your Original Lawyer Content or Republished Lawyer Content by any user of the LegalFix Services, including the violation by any such user of the terms of this Agreement.
b. Republishing Your Lawyer Content
If you have previously published Lawyer Content on a blog, in a publication, or as a paper or article, for example, you may republish such Lawyer Content on the LegalFix Services if you own the Lawyer Content or otherwise have the right to publish or republish it.
By republishing such Lawyer Content on the LegalFix Services, you agree to allow other users of the LegalFix Services to view your Lawyer Content and to distribute it as permitted under the “Sharing the Content of Other Users” section below.
c. Your License of Consumer Content to LegalFix
When you post a question in our public Ask a Lawyer forum (Consumer Content), you grant LegalFix a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, perform, display, and distribute such materials or incorporate such materials into any form, medium, media, or technology now known or later developed, throughout the world.
You represent and warrant that (i) you own and control all of the rights to the Consumer Content that you post, or that you otherwise have the right to post such Consumer Content to the Site and to grant LegalFix these rights; (ii) the Consumer Content is accurate and not misleading; and (iii) the use and posting of the Consumer Content you provide does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.
d. Prohibited Publishing Activities
By using the LegalFix Services, you agree that you will not contribute any content or engage in any behavior that:
violates the intellectual property (copyright, trademark) or other ownership rights of any person or entity;
discloses the trade secrets or confidential information of another person or entity without their permission;
is libelous, defamatory, abusive, threatening, harassing, hateful, obscene, unprofessional, or violates any law or standard of decency;
violates a person’s privacy rights, including confidential health information; nonpublic contact information, such as telephone number, e-mail address, or street address; and personally-identifying information such as credit card numbers and social security numbers;
contains information that is illegal to disclose, such as insider information, private disciplinary actions, or confidential settlement matters;
contains a virus, worm, time bomb, Trojan horse, phishing scam, or other malicious or fraudulent computer program intended to interfere with, damage, intercept, disable, hijack, seize, or expropriate any system, data, security, server, network, or information;
uses affiliate marketing techniques, malicious code, spam, deceptive tags or links, or other deceptive means designed to mislead others or obscure the true intent or purpose of the content;
automatically (programmatically or otherwise) registers accounts, uses the LegalFix Services, or publishes Consumer Content or Lawyer Content;
might harm or exploit minor children by exposing them to inappropriate content, asking for personally identifying information, or other inappropriate interactions and communications.
We reserve the right to remove any content that violates these rules, and to block the IP addresses of users who post prohibited content. We reserve the right to suspend any account for any reason, without prior notice.
We do not make such decisions lightly, but will take such actions when we, in our sole discretion, believe them necessary to protect the LegalFix Services, our users, and related interests.
We reserve the right to enforce or not to enforce these policies, and these policies do not create a duty or contractual obligation for us to take any particular action, or not to take any particular action. Our decision to take an action or not to take an action will not be a basis of liability for LegalFix.
d. Sharing the Content of Other Users
You may use Lawyer Content that was originally posted by lawyers on the LegalFix Services (Original Lawyer Content) under the Creative Commons Attribution-ShareAlike license license. And you may use Lawyer Content that was republished on the LegalFix Services after first being published by the copyright owner elsewhere (Republished Lawyer Content). But the rules regarding attribution of authorship depend on whether the Lawyer Content you are sharing was originally published on the LegalFix Services (Original Lawyer Content), or is being republished on the LegalFix Services after first being published elsewhere (Republished Lawyer Content).
Original Lawyer Content
If you use or share Original Lawyer Content outside of the LegalFix Services, you agree to follow the Creative Commons attribution rules, including the following:
you must clearly indicate the name(s) of the author(s);
for any online use, you must hyperlink each author name directly back to his or her LegalFix Services publishing profile;
for any online use, you must include a hyperlink directly to the original page on the LegalFix Services where the Original Lawyer Content appears.
Republished Lawyer Content
Authors of Republished Lawyer Content have given their permission to post the full text of the Republished Lawyer Content on the LegalFix Services. The Republished Lawyer Content may include a hyperlink to a third-party website where the Republished Content was originally posted.
If you use or share Republished Lawyer Content outside of the LegalFix Services, you agree to do so with the following restrictions:
you must clearly indicate the name(s) of the author(s);
for any online use, you must hyperlink each author name directly back to his or her LegalFix Services publishing profile, or to his or her biographical page on an external website;
for any online use, you must include a hyperlink directly to the original page on the LegalFix Services where the Republished Lawyer Content appears, or to a version of the article previously published outside of the LegalFix Services;
you may only post quotations or small amounts of text (less than two sentences), and not the full text.
For any other use of Republished Lawyer Content, you must obtain the express permission of the author or copyright owner.
e. All Registered Users Must Use Their Real Names and Identities
If you register as a user of the LegalFix Services—which you are required to do to publish Lawyer Content on the LegalFix Services (Quick Summaries and answers in Ask a Lawyer) or Consumer Content (questions in Ask a Lawyer)—you must provide LegalFix with accurate information in the registration process, including your real name and e-mail address.
We reserve the right to refuse your registration, or to cancel your registration at any time, and without notice—including after you have begun to access and use the LegalFix Services. If we suspect a user has provided information that is inaccurate, deceptive, or designed to hide the user’s true identity or intent, we may deny the registration or terminate the account.
You are solely responsible for maintaining the security and confidentiality of your LegalFix Services account information, including your password. You are also responsible for all access to and use of the LegalFix Services through your account or login information, including any access and use by third parties who gain access with or without your permission, and with or without your knowledge.
You agree to notify us immediately if you suspect any unauthorized use of your account; any breach of the security of your account; and any breach or unauthorized use of the LegalFix Services through your account and login information. LegalFix will not be liable for any unauthorized use of your account.
f. Your Responsibility For Interactions With Other Users
You are responsible for your interactions with other users of the LegalFix Services. Your interactions are expected to be professional, courteous, and for the purposes of furthering legal knowledge, understanding, services, and access. You agree that LegalFix will have no liability for your interactions with other users, or for the conduct, action, inaction, or content of any user of the LegalFix Services.
3. Ownership of Site Content
Except for the limited license granted in this Agreement, all right, title, and interest in the LegalFix Services, in all languages, formats, and media throughout the world, including all copyrights and trademarks, are and will continue to be the exclusive property of LegalFix.
The content on the Site—including text, video, graphic images, logos, tools, and features—are protected under United States and international copyright, trademark, and other intellectual property laws, and are the exclusive property of LegalFix. Such content may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, rented, redistributed, publicly displayed, publicly performed, adapted, edited, or used to create derivative works in any way without the prior written permission of LegalFix. The LegalFix name and the book logo that appear on the Site are trademarks of LegalFix.
But LegalFix claims no ownership interest in the text of the judicial opinions, statutes, rules, regulations, and other primary legal materials in the LegalFix Services, or in the Lawyer Content that is Original Lawyer Content or Republished Lawyer Content.
We appreciate your feedback, comments, and suggestions, but any and all rights, title, ownership, and intellectual property regarding ideas, concepts, suggestions, business models, or other information you provide will become the exclusive property of LegalFix, and may be used by us without any payment, accounting, remuneration, or attribution to you.
The hyperlinks on the Site that are linked to other websites and the URLs (web addresses) provided for your reference do not suggest any affiliation or special relationship with those entities or websites and LegalFix does not warrant the accuracy, completeness, or reliability of the related products, services, and information on those websites—they are provided only for your reference and convenience.
4. Court Opinions are Public Records Unless Sealed by Court Order
Court opinions (also known as judicial opinions, cases, or case law) are documents created by federal and state employees (judges) and are in the public domain. There are millions of these documents in the LegalFix Services database and they comprise an important part of American law. If you were a party to a case, or otherwise involved in a case in a jurisdiction included in our database, your name and the related case may appear in search results on our Site.
Court opinions and other primary legal materials (statutes, rules, regulations, administrative rulings, public ordinances) are public domain documents and are not subject to takedown requests. LegalFix does not remove court opinions from our free public database of law unless they have been sealed by a court order.
If you find a sealed case in our database, please contact us at support@LegalFix.com. And if you would like to request the removal of a non-sealed case from external search engine results (Google), please contact us at support@LegalFix.com with the case information (parties, citation) and the reason for your request. LegalFix may, in our sole discretion, respond to such a request, or take action to attempt to remove such a case from public search engine results, but you understand and agree that we are under no obligation to do so.
5. LegalFix Services Are Not Legal, Tax, or Accounting Advice
All content in the LegalFix Services is for general information purposes only and is not legal, tax, or accounting advice. Thus, the LegalFix Services should not be used as legal, tax, or accounting advice.
This includes answers to questions posted in our public forum (Ask a Lawyer) by you or other users. The lawyers who provide information in response to these questions are not acting as your lawyer and are not providing you with legal advice. Instead, these lawyers are providing general information on a legal topic or issue raised in your question.
If you want legal, tax, financial, or accounting advice—and the confidentiality that goes with it—you should consult with a lawyer or a tax, financial, or accounting professional.
The information you place on our Site when posting a question or follow up question or comment in our public Ask a Lawyer forum is not protected by the lawyer-client privilege and you should not post sensitive, confidential, or potentially incriminating information on our Site.
Similarly, Quick Summaries (articles written by lawyers or by LegalFix and published on our Site) are for general information purposes only, are not legal advice, and should not be relied on as legal advice, as laws change, and the facts or circumstances of your situation must be carefully considered and applied to the law by a licensed lawyer before you take legal action or decide not to take legal action under any circumstances.
LegalFix is not a law firm and the LegalFix Services are not a substitute for a lawyer or law firm and an in-person, telephone, or private video consultation with a lawyer licensed to practice law in your jurisdiction (state). We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, strategies, facts, law, or selection of documents or forms.
We do not review Original Lawyer Content or Republished Lawyer Content that lawyers contribute to the LegalFix Services for legal accuracy, currentness, or soundness of judgment, and such content should not be taken or relied upon as professional legal advice.
By using the LegalFix Services, you indicate your understanding and agreement that neither LegalFix nor its lawyer-users are engaging in the practice of law on or through the LegalFix Services, and that no information available on or through the LegalFix Services constitutes legal advice.
The content, information, and services found in the LegalFix Services on the Site (including the Quick Summaries, Ask a Lawyer answers, court opinions, statutes, and regulations) are intended for general information purposes only, are not legal advice, and are not represented or warranted to be accurate, complete, or up-to-date.
You should consult with a lawyer, accountant, financial advisor, or tax professional to discuss the specific circumstances of your legal, tax, or financial issue and not rely on the information on the Site. Facts and circumstances vary from person to person or company to company even when facing a similar legal issue—and laws, rules, regulations, practices, and procedures are constantly changing and evolving.
Nothing in the LegalFix Services or on the Site is a substitute for advice from a lawyer or a tax, financial, or accounting professional. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL LegalFix HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THE SITE OR THE LegalFix SERVICES. YOUR USE OF AND ANY RELAINCE ON THE CONTENT, INFORMATION, AND SERVICES ON THE SITE AND IN THE LegalFix Services IS AT YOUR OWN RISK.
6. No Lawyer-Client Relationship or Confidentiality
No lawyer-client (attorney-client) relationship is formed or will be formed through your use of the Site and the LegalFix Services, and you have no expectation of privacy or confidentiality of communications when you post a question or other communication in the Ask a Lawyer public forum.
For the lawyer-client privilege to attach to a communication so you have an expectation of privacy and confidentiality you generally must communicate directly with a lawyer in a confidential medium (e-mail, telephone, video conference) for the purpose of seeking legal advice—and not allow other persons (other than the lawyer’s assistant or necessary office personnel) to hear or read your communication with the lawyer.
The hiring of a lawyer is an important decision and should not be based solely on comments, answers, peer reviews, client reviews, testimonials, recommendations, advertisements, Quick Summaries published, or biographies included on the Site.
7. Lawyer Professional Conduct
If you are a lawyer and using the Site, you acknowledge that the laws and rules of professional conduct for the jurisdictions in which you are licensed to practice law apply to your use of all aspects of the Site—including the publishing of any legal information or analysis (Quick Summaries); statements you make on your profile; statements you make in response to users who post questions in our public forum (Ask a Lawyer); recommendations you may request from other lawyers or give other lawyers; and any other information you may place on the Site or communicate through the Site.
You represent and warrant that such Lawyer Content you provide to the Site or while using the Site will be used to provide general information only and not for the provision of legal advice or for the practice of law, as defined in the jurisdictions in which you are licensed to practice law.
You agree to abide by the laws and rules of professional conduct for the jurisdictions in which you are licensed to practice law when using the Site—including those concerning the unauthorized practice of law; those regulating the form, manner, or content of communications with clients, potential clients, or other persons; and those regulating advertising or other matters. LegalFix disclaims all responsibility for your compliance with such laws and rules of professional conduct.
8. No Endorsement by LegalFix of Lawyers on the Site
LegalFix is not a lawyer referral service. The lawyers whose profiles may appear when you use the Find a Lawyer feature on the Site are not selected, approved, monitored, vetted, or endorsed by LegalFix.
The lawyers whose profiles appear when you use the Find a Lawyer feature have been placed there by those individual lawyers and you should not rely solely on their inclusion in such search results—including their indicated areas of knowledge—when hiring a lawyer.
These lawyer profiles are meant for information purposes only and LegalFix does not make any representation about the qualifications of any lawyer or law firm, or the quality of the legal services provided by any lawyer or law firm.
Similarly, recommendations of lawyers by other lawyers that are published on the Site are not selected, approved, monitored, vetted, or endorsed by LegalFix. These recommendations are only the opinion of the lawyer giving the recommendation and you should not rely solely on such recommendations when hiring a lawyer.
LegalFix EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE INCLUSION OF CERTAIN LAWYERS ON THE SITE OR IN THE FIND A LAWYER SEARCH RESULTS OR THE RECOMMENDATIONS OF CERTAIN LAWYERS BY OTHER LAWYERS ON THE SITE OR THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED BY LAWYERS ON THE SITE OR BY LegalFix ARE CORRECT, VALID, UP-TO-DATE, OR RELIABLE. ANY SUCH RELIANCE BY YOU IS AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCE WILL LegalFix HAVE ANY LIABILITY TO YOU FOR RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THE SITE OR FOR THE QUALITY OR ACCURACY OF ANY LEGAL INFORMATION OR SERVICES PROVIDED BY A LAWYER YOU FIND, IDENTIFY, OR COMMUNICATE WITH THROUGH THE SITE.
ANY LAWYER-CLIENT RELATIONSHIP YOU MAY CHOOSE TO CREATE WITH A LAWYER ON THE SITE IS BETWEEN YOU AND THE LAWYER OR LAW FIRM AND NOT BETWEEN YOU AND LegalFix.
9. Changes to This Agreement
10. Changes to the LegalFix Services
We reserve the right to terminate, change, suspend, or discontinue any aspect of the LegalFix Services, including content, features, coverage (of primary law and secondary sources), tools, pricing, free accounts, data, text, sound, photographs, graphics, and video. These and any other changes to the LegalFix Services may be made in our sole discretion and without prior notice to you.
We may also place additional rules and limitations on your use of the LegalFix Services or restrict your access to all or any part of the LegalFix Services, without prior notice. LegalFix will not be liable to you for making such changes.
11. Ownership of Virtual Property
The LegalFix Services may capture and display data and information related to you; your account; your published activity and Lawyer Content; your biographical profile and contact information; and your interactions and communications with other users of the LegalFix Services (lawyers who contribute Lawyer Content and consumers who contribute Consumer Content).
For example, the LegalFix Services may capture and display indicators, recommendations, rankings, and reviews of your professional reputation, status, performance, answers, and published content, such as Quick Summaries. These indicators, recommendations, rankings, and reviews are collectively referred to in this Agreement as Virtual Property.
You understand and agree that such Virtual Property (but not your Original Lawyer Content or Republished Lawyer Content) is owned exclusively by LegalFix and that you are granted a limited license to use such Virtual Property in connection with the LegalFix Services. This limited license you are granted is governed solely by the terms of this Agreement, and its availability to you is in the sole discretion of LegalFix.
Virtual Property is not redeemable for any sum of money or monetary value from LegalFix. You understand and agree that you do not own the account you use to access the LegalFix Services and have no right of access or ownership of the data stored by or on behalf of LegalFix on servers owned or leased by LegalFix, including, without limitation, any data representing or containing all or any part of the Virtual Property described above.
You agree that LegalFix has the sole right and discretion to manage, regulate, control, modify, retain, or delete Virtual Property, and that LegalFix will have no liability to you for its exercise of that right.
YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON SERVERS OWNED OR LEASED BY LegalFix MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME AND FOR ANY REASON IN THE SOLE DISCRETION OF LegalFix, AND WITH OR WITHOUT NOTICE TO YOU.
YOU UNDERSTAND AND AGREE THAT LegalFix WILL HAVE NO LIABILITY FOR THE DELETION, LOSS, TRANSFER, OR ALTERATION OF SUCH DATA. YOU AND LegalFix AGREE THAT THERE IS NO MONETARY VALUE ATTRIBUTABLE TO SUCH DATA RESIDING ON SERVERS OWNED OR LEASED BY LegalFix, AND THAT YOU HAVE NO RIGHT TO COMPENSATION FOR SUCH DATA.
By providing us your e-mail address, you consent to LegalFix sending you notices and information related to the LegalFix Services and your account to that e-mail address—including notices required by this Agreement and by law. We may also send information regarding new or changed features of the LegalFix Services to your e-mail address (transactional or relationship messages, as defined by the CAN-SPAM Act).
Most e-mail messages we send you will be transactional or relationship messages related to your account and we will rarely send you a commercial e-mail message (as defined by the CAN-SPAM Act). If we do send you a commercial e-mail message you may unsubscribe from such messages using the link in the e-mail message.
13. Social Media Account Login
14. Links to Other Websites
The LegalFix Services may contain links to other websites for your reference and convenience. These websites may include content providers, advertisers, upcoming events, special offers, and other relevant information. If you follow these links you will leave the LegalFix Services.
Some of these third-party websites may use LegalFix’s trademarks, service marks, or logos under license from LegalFix. We do not endorse, own, or control these third-party websites, and you agree that LegalFix will not be responsible for the availability, quality, or accuracy of their contents, events, products, information, or services.
15. Copyright Agent For Copyright Infringement Claims
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you are a copyright owner, or the agent of a copyright owner, and you believe that any content on the Site infringes your copyrights, you may submit a notification under the DMCA.
We may, in our sole discretion, delete or hide content alleged to be infringing, and terminate the account and access of any alleged repeat infringer. Our designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: copyright@LegalFix.com, or LegalFix, Attn: Copyright Agent, 3839 McKinney Ave., Suite 155-733, Dallas, Texas 75204.
16. Disclaimer of Warranties
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE LegalFix SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, AND DELAYS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
17. Limitation of Liability
YOUR EXCLUSIVE REMEDY, AND LegalFix’S ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE LegalFix SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, EQUITY, OR OTHER LEGAL BASIS, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES PAID DIRECTLY BY YOU TO LegalFix DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
IN NO EVENT WILL LegalFix BE LIABLE TO YOU FOR ANY CLAIM(S) RELATING IN ANY WAY TO:
YOUR INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK, OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH OR OTHER WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY LegalFix, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE LegalFix SERVICES;
ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT, OR USE OF, OR INABILITY TO USE, THE LegalFix SERVICES, EVEN IF LegalFix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERY OF THE LegalFix SERVICES;
ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES RESULTING FROM YOUR USE OR USE BY OTHER USERS OF THE LegalFix SERVICES; LOSS OF OR INVASION OF YOUR PRIVACY; DEFAMATION OF YOU OR DAMAGE TO YOUR REPUTATION; INFRINGEMENT OF YOUR COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS; LOSS OF YOUR CREDIT; YOUR STOLEN IDENTITY; BREACH OF CONFIDENTIALITY OF YOUR PERSONAL OR OTHER INFORMATION; OR LOSS OF ANY DATA OR CONTENT SHARED BY YOU OR RELATED TO YOU.
FURTHER, LegalFix WILL HAVE NO LIABILITY FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD-PARTY FEATURE OR WEBSITE HYPERLINKED ON THE SITE.
LegalFix MAKES NO WARRANTY THAT ACCESS WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE.
NOR DOES LegalFix MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD-PARTY WEBSITE THAT IS HYPERLINKED OR PROVIDED ON THE SITE.
YOU ACKNOWLEDGE THAT THE PROVISION OF THE LegalFix SERVICES ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERENT LOSS OF DATA OR DAMAGE TO MACHINES, HARDWARE, OR SOFTWARE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
18. Limitation of Claims Period
Except for claims related to improper use of the LegalFix Services, no claim or action that in any way arises out of this Agreement; your use of the LegalFix Services; your attempt to use the LegalFix Services; or the collection, use, or disclosure of your personal or other information may be made or filed more than one year after the basis for the claim becomes known to the party asserting it.
19. International Issues
The LegalFix Services are operated and controlled by LegalFix from its offices in the state of Texas, in the United States of America. The LegalFix Services are directed toward and intended to be used only by persons and entities located in the United States. Persons who choose to access the LegalFix Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if applicable.
Accessing the LegalFix Services from jurisdictions where the contents of the LegalFix Services are illegal or penalized is prohibited. No information or content from the LegalFix Services may be downloaded or otherwise re-exported (i) into a country, or to a national or resident of a country to which the United States embargoes or sanctions goods, services, or technology; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals, or the United States Commerce Department’s Table of Denial Orders.
By accessing information and content on the LegalFix Services, you represent and warrant that you are not on any such list; are not located in any such country; and are not a national or resident of any such country.
You agree to indemnify, defend, and hold harmless LegalFix, its officers, directors, owners, agents, content providers, licensors, licensees, employees, and users of the LegalFix Services from any claim or demand by any third party and from liabilities and costs (including attorney fees) incurred in connection with any third-party claim arising out of your use of the LegalFix Services or your breach of this Agreement.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you under this Agreement. Applicable law may not allow for such indemnification, so this requirement may not apply to you.
21. Governing Law and Jurisdiction
The Site (excluding any linked websites) is controlled by LegalFix from our office in the state of Texas, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world.
Because each of these places has laws that may differ from those of Texas, by accessing or attempting to access the Site, you and LegalFix agree that this Agreement, your use or attempted use of the LegalFix Services, the collection, use, and disclosure of your personal or other information, and your interactions and communications with LegalFix will be governed by and construed under the statutes and other laws of the state of Texas, without regard to conflict-of-laws rules and the United Nations Convention on the International Sales of Goods.
Thus, the statutes and laws of the state of Texas will govern all claims between you and LegalFix, whether such claims are based in contract, tort, statute, equity, or other legal basis. You and LegalFix agree and submit to the exclusive personal jurisdiction of the state and federal courts in the state of Texas with respect to any claim or dispute between you and LegalFix.
22. Jury Trial and Class Action Waiver: Binding Arbitration
Any and all claims, causes of action, and disputes between you and LegalFix—including, without limitation, any claim, cause of action, or dispute relating in any way to the LegalFix Services; your use or attempted use of the Site or the LegalFix Services; any communication with LegalFix; information you provide to LegalFix; or information that is collected by LegalFix—will be resolved by binding arbitration, rather than in court, except that you may assert an individual action in small claims court if your claims qualify, and so long as the matter remains in small claims court and advances only on an individual basis.
Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply to this Agreement. This Jury Trial and Class Action Waiver: Binding Arbitration agreement will include all claims, causes of action, and disputes between you and the officers, directors, employees, agents, contractors, licensors, successors, assignees, and users of the LegalFix Services.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. But an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The arbitration will be conducted in Dallas, Texas.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days advance written notice of its intent to file for arbitration. LegalFix may provide such notice by e-mail to your e-mail address on file with us, and you must provide such notice by e-mail to legal@LegalFix.com.
You and LegalFix agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and LegalFix waive any right to a jury trial. You and LegalFix also agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The AAA Rules are available online at http://www.adr.org, or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) for any claim where the total amount in controversy is less than $10,000 (ten thousand U.S. dollars), the arbitration will be conducted by telephone, online, or be based solely on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will be conducted by an arbitrator in Dallas, Texas who is approved by or otherwise affiliated with the AAA; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim; (d) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (e) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If subparagraph (d) above is found to be unenforceable, then this mandatory arbitration provision will be null and void, but the jury trial and class action waiver provisions will remain in effect. Only a court and not the arbitrator can decide issues relating to the scope and enforceability of this “Jury Trial and Class Action Waiver: Binding Arbitration” agreement.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND LegalFix ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION AGREEMENT. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Any demand for arbitration governed by this Agreement must be made before the statute of limitations applicable to such a claim has run.
If a dispute arises, we strongly encourage you to first contact us at support@LegalFix.com before starting an arbitration or filing a claim in small claims court. We value our relationship with you and will try to resolve your claim informally and quickly.
All claims you bring against LegalFix must be resolved in accordance with this “Jury Trial and Class Action Waiver: Binding Arbitration” agreement. All claims filed or brought contrary to this “Jury Trial and Class Action Waiver: Binding Arbitration” section will be considered improperly filed and void.
If you file a claim contrary to this “Jury Trial and Class Action Waiver: Binding Arbitration” agreement, LegalFix may recover its attorney fees and costs from you if LegalFix has notified you in writing of the improperly-filed claim and you have failed to promptly withdraw the claim.
23. Assignment of This Agreement
LegalFix may assign this Agreement, its rights and licenses, without restriction. You may not transfer or assign your rights and responsibilities under this Agreement, and any attempted assignment by you will be null and void.
24. Electronic Communications
When you visit the Site or send e-mails to LegalFix you are communicating with LegalFix electronically. You consent to receive communications from LegalFix electronically. LegalFix will communicate with you by e-mail or by posting notices on the Site.
These notices may be required by law or may be designed for marketing or other business purposes. You agree that all agreements, notices, disclosures, and other communications that LegalFix provides to you electronically satisfy any legal requirement that such communications be in writing.
LegalFix is not responsible or liable for any automatic or other e-mail filtering you or your network provider may apply to such e-mail notifications we send to the e-mail address you provide.
25. Force Majeure
LegalFix’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war, terrorism, or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies, or other force beyond LegalFix’s reasonable control.
26. General Provisions
If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions will not be affected.
Failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of the provision or of the right to enforce the provision.
27. Complete Agreement
This Agreement embodies the entire agreement between the parties with respect to the subject matter of this Agreement, and except as otherwise provided in this Agreement, it supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
LegalFix may amend the terms and conditions of this Agreement from time to time, without prior notice to you. Each time you access the Site, you agree to be bound by the terms and conditions then in effect.