Terms of Use
1. ACCEPTANCE.
By accessing, browsing, communicating, and/or using in any way or manner (any individually, and all collectively, use or Use) GoToLegal.com, or the Services by you as a user, viewer, site visitor, attorney, Customer - as defined below, or Subscriber - as defined below (each you, or User, and collectively Users), or otherwise, constitutes your acceptance and agreement to be bound by the Terms of Use, and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, and the arbitration provision and class action waiver contained in the Terms of Use. You may not access or use GoToLegal.com, the Services, or accept the Agreement if you are not at least 18 years old. By accessing or using GoToLegal.com or the Services, you represent and warrant you have the right, authority, and capacity to enter into the Agreement and abide by all the terms and conditions set forth in the Agreement. If you do not agree and accept the Terms of Use, do not use GoToLegal.com or any Services. GoToLegal in its sole discretion, reserves the right to update the Terms of Use from time to time, without notice. You have the responsibility, and should review, the Terms of Use periodically for updates and
changes.
From time to time, GoToLegal may introduce our visitors and others to attorneys who have registered on the site and provide access to attorneys through various methods, including but not limited to, our question and answer product (Q&A Product), and attorney directory listings (Attorney Directory). GoToLegal is not an attorney referral service provider, and at no time does GoToLegal.com provide attorney referral services. At no time is an attorney-client relationship fostered or created with GoToLegal through the performance of any of its Services. GoToLegal.com is a tool that provides an online portal for visitors offering general information on commonly encountered legal issues and does not provide any legal advice and should not be relied upon as such. GoToLegal is not a law firm, and does not perform services performed by an attorney. GoToLegal, its subsidiaries, affiliates, shareholders, employees, directors, officers, agents, representatives, consultants, and independent contractors (collectively, all GoToLegal), participating attorneys (each a “Participating Attorney, and all Participating Attorneys) who respond to User questions in the Q&A Product, and attorneys listed in the Attorney Directory (each a Directory Attorney, and all Directory Attorneys) are not acting as your attorney at any time or under any circumstances whatsoever. At no time does GoToLegal review your responses for legal sufficiency, draw legal conclusions, provide legal advice, legal opinions, or legal recommendations about your legal rights, remedies, defenses, options, strategies, or apply the law to the facts of your particular situation.
Prevailing laws, statues, rules, and regulations, and ordinances (each a Law, and all collectively, Laws). The country, federal, state, territory, local, county, court, or administrative agency where its Laws would govern the substantive matter asked, raised, or communicated by you in your communication to and with Participating Attorney(s) on GoToLegal.com and any Services, and/or the country, state, territory, court, or administrative agency where a Participating Attorney is licensed to practice law are all referred to in the Terms of Use as Jurisdiction.
Your use of GoToLegal.com does not and will not create or constitute an attorney-client relationship between you and GoToLegal, or any Participating Attorney in GoToLegal's Q&A Product, or any Directory Attorney. At no time is an attorney-client relationship intended, fostered, or created between you and GoToLegal through the performance of any Services of GoToLegal.com. By using GoToLegal.com you waive any attorney-client privilege that could or may be formed even if unintentional. Instead, you are representing yourself in any legal matter you undertake through GoToLegal.com. GoToLegal and its Services are not substitutes for the advice of an attorney for your particular facts and circumstances at issue. If any kind of relationship is inadvertently formed between you and a GoToLegal, a Participating Attorney, or a Directory Attorney, that relationship is limited to the scope of the communication and what was said between you and GoToLegal, the Participating Attorney, or Directory Attorney. The Q&A Product collectively includes without limitation, both the Private Question and Answer Service using Private Communication, and the Public Question and Answer Forum using Public Communication, as they are each defined below in Section 5.
The law is a personal matter, and every situation is unique. GoToLegal strives to provide useful information. However, no general legal information or tool like the kind GoToLegal.com provides or offers can fit every circumstance. The law changes rapidly and GoToLegal cannot guarantee that all of the information on GoToLegal.com is completely current, up-to-date, accurate, or correct. The law is different from Jurisdiction to Jurisdiction, and is subject to interpretation by different courts. Furthermore, the legal information and content contained on GoToLegal.com are not legal advice and should not be relied upon as such. Therefore, if you need legal advice for your specific problem and set of circumstances, or they are too complex to be addressed by our tools, you should consult a licensed attorney in your area.
If you are using GoToLegal.com and are affiliated with a sole proprietorship, general partnership, limited partnership, corporation, limited liability company, or unincorporated association (each separately, and all collectively a “Business Organization”), or an authorized
agent who has been designated during the registration process by a Business Organization to represent the Business Organization and, among other things, to ask questions and be able to receive answers from Participating Attorneys, you are a Registered Agent in the Terms of Use and all provisions in these Terms of Use apply to you. If you are accessing and using GoToLegal.com or any Services as a Participating Attorney, all provisions in the Terms of Use pertinent to a Participating Attorney apply to you. A Registered Agent, Participating Attorney, Directory Attorney, and any GoToLegal.com visitor or user are all collectively referred to in the Terms of Use as a User, and all provisions pertaining to User apply to you.
2. ELIGIBILITY.
GoToLegal.com and any related Services are available to you, provided that you can form legally binding agreements under applicable law. GOTOLEGAL.COM IS NOT AVAILABLE TO MINORS. IF YOU ARE A MINOR, DO NOT USE GOTOLEGAL.COM. Further, to be eligible to access and use GoToLegal.com, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from the Services, or not otherwise prohibited from having a GoToLegal.com account; (2) are not a competitor of GoToLegal.com or are not using the Services for reasons that are in competition with GoToLegal.com; (3) will use your real name and provide accurate information to GoToLegal.com; (4) will not violate any rights of GoToLegal or any third party including any intellectual property rights such as copyright and trademarks rights; and (5) agree to provide at your cost equipment, software, mobile access and internet access necessary to use the Services.
3. LICENSE AND PROPRIETARY OWNERSHIP.
You acknowledge and agree that GoToLegal is the owner of all rights, title and interest in and to all materials displayed or made available on GoToLegal.com including, but not limited to, information, data, graphics, documents, text, images, digital, sound, video, audio, artwork, HTML code, software code including batch processes and methodologies incorporated into the GoToLegal.com system, and without limitation, all concepts, ideas, inventions, methods, processes, trade secrets, and other intellectual property (“IP”) incorporated into or related to GoToLegal.com (each and all materials and IP are “Site Materials”), are the exclusive property of GoToLegal or its content suppliers. GoToLegal, Go to Legal, www.gotolegal.com, gotolegal.com, Go To Legal, GoToLegal.com, GoToLegal logo and letterhead, site design, look and feel, layout, trademarks, service marks, service names, insignia, slogans, and interface contained within GoToLegal.com are separately and collectively, “GoToLegal Marks” and are the exclusive property of GoToLegal. GoToLegal grants you a limited, personal, non-exclusive, non-transferable, non-assignable, revocable license to view the Site Materials displayed on GoToLegal.com solely for your personal and non-commercial use for yourself or within your organization, or if you are an attorney, for your client. The Site Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws.
All GoToLegal Marks and other trademarks, service marks, and logos (“Marks”) displayed on GoToLegal.com are the exclusive property of GoToLegal, and their respective owners. You shall not use the GoToLegal Marks or other Marks in any manner without GoToLegal’s or their respective owners’ prior written consent.
Unless otherwise indicated, GoToLegal.com, Site Materials, and GoToLegal Marks are the proprietary property of GoToLegal and are protected by U.S. and international intellectual property and copyright rules, regulations and Laws. You agree to respect any and all intellectual property of GoToLegal, including but not limited to GoToLegal.com, Site Materials, and GoToLegal Marks in compliance with all applicable Laws including intellectual property and copyright laws worldwide. Except as expressly permitted in the Terms of Use, you shall not for yourself or any third party (i) use, copy, modify, edit, copy, display, delete, distribute, download, store, post, reproduce, enhance, exploit, alter, imitate, transmit, upload, publish, sell, re-sell, adapt, develop, reverse engineer, or create derivative works in whole or in part, in any way or in any manner, or (ii) use the Site Materials or GoToLegal Marks on other websites or in any media, e.g., networking environment, whatsoever, without GoToLegal’s express prior written consent. You shall not remove any copyright notice or trademark insignia from or on any Site Materials.
4. USER SUBMISSIONS.
GoToLegal.com provides a forum for you to obtain legal information. By submitting, posting, uploading, inputting, providing, inserting, or entering your information, data, any Content, messages, communications, or any other materials (collectively and separately, “Submitted Materials”) to GoToLegal.com, you agree and grant GoToLegal, its affiliated companies and necessary sublicensees in connection with the operation of their internet businesses, including without limitation, a perpetual, non-exclusive, irrevocable, assignable, sublicenseable, fully paid-up, royalty free, worldwide license and rights, but not the obligation, to use, edit, alter, copy, modify, publicly display, distribute, download, store, reproduce, transmit, translate, publish, transfer, reformat, adapt, create derivative works in any manner, in entirety or a portion of, your Submitted Materials, and by any means, forever and worldwide; and to publish your name in connection with your Submitted Materials. We have no obligation to retain or provide you with copies of your Submitted Materials or User Content – as defined below, nor do we guarantee any confidentiality with respect to your Submitted Materials and User Content.
By posting, uploading, inputting, inserting, entering, providing or submitting your Submitted Materials you warrant and represent that you own or otherwise control all of the rights to your Submitted Materials as described in this Section 4 including, without limitation, all the rights necessary for you to provide, post, upload, input, insert, enter, transmit, reproduce, distribute, publicly display, submit, and otherwise exploit the Submitted Materials, and further, your Submitted Materials do not infringe any copyright or any other intellectual property right of any third party. You may not imply that your Submitted Materials are in any way provided, sponsored, or endorsed by GoToLegal.
You acknowledge and accept that GoToLegal.com is only a passive forum for Users to obtain legal information. GoToLegal.com does not screen or monitor any third party Site Materials or Submitted Materials, or whether they are submitted by an attorney. Therefore, GoToLegal.com makes no representation regarding the reliability, accuracy, completeness, correctness, validity, or truthfulness of any Submitted Materials or Site Materials provided by any third party including any attorney (Submitted Materials and Site Materials collectively are “Materials” and Materials are included in “Content”). GoToLegal.com reserves the right, but not the obligation, in its sole discretion, and at any time, to delete, remove, modify, refuse to display, or block any Materials that GoToLegal.com may consider or considers to be unacceptable or to enable transmission, display, storage, or retrieval. In the event GoToLegal.com receives notification regarding any unacceptable Materials, GoToLegal.com in its sole discretion may investigate such Materials.
You acknowledge and agree that GoToLegal may retain copies of your Submitted Materials and disclose your Submitted Material to a third party if GoToLegal believes that it is necessary to: (i) protect the integrity of GoToLegal.com; (ii) protect the rights of GoToLegal; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert GoToLegal’s Claim under the Terms of Use; or (vi) satisfy any Claims regarding violations of a third party's rights. You acknowledge and agree that you will:
(a) provide and maintain complete, correct, up-to-date, and accurate information of your Submitted Materials;
(b) only post materials for which you have all the necessary rights or licenses;
(c) use your own judgment, caution, and common sense in managing information offered by or obtained from or through GoToLegal.com; and
(d) be solely responsible and bear all risks of any reliance upon or use of any Materials, or any other information, content, communication submitted, posted, offered, or provided by any third party (“Third Party Content”), and any decision(s) you make or action(s) or omission(s), and outcome(s) that may result from accessing or using GoToLegal.com or any Services.
No compensation of any kind whatsoever will be paid to you or anyone with respect to GoToLegal’s use of your Submitted Materials, or other submission you may provide or post to GoToLegal.com. GoToLegal is under no obligation to post or use any Submitted Materials you may provide, and may remove any Submitted Materials at any time for any reason or for no reason, in GoToLegal’s sole discretion.
GoToLegal and its licensees from time to time may publicly display advertisements and other information adjacent to or included in your Submitted Materials. You are not entitled to any compensation whatsoever for such advertisements or information. The manner, mode or extent of such advertising or information are subject to change without specific notice to you.
5. GENERAL PROHIBITIONS.
GoToLegal.com may contain various communication portals, bulletin boards, chat areas, news groups, communities, forums, personal emails, questions, responses, personal web pages, and/or other message and communication capabilities, whether private or public (each a “Communication” and all collectively, “Communications”) as part of its Services. A private communication (“Private Communication”) is a Communication processed through and within the Q&A Product. A public communication (“Public Communication”) is a Communication published in the Public Question and Answer Forum, and is neither confidential or private. You agree to use any and all Communications only to post, send or receive messages, information and other content that are proper and related to the particular Communication and are not in violation in any way to the Terms of Use. See Section 14 Communications with Participating Attorneys for more information.
You can only use GoToLegal.com, if it does not conflict with or violate the Laws of the Jurisdiction(s) that applies to your access or usage. GoToLegal does not intend for you to access or use GoToLegal.com, if it is prohibited by the Laws of the Jurisdiction(s). The availability of GoToLegal.com in any Jurisdiction(s) is not an invitation or offer by GoToLegal to access or use GoToLegal.com in which your access and usage will violate the Law in that Jurisdiction(s). By using GoToLegal.com you accept sole responsibility for confirming that your use of or access to GoToLegal.com does not violate the Law of any Jurisdiction(s) worldwide where you use or access GoToLegal.com.
6. CONDUCT AND RESPONSIBILITIES.
You must use GoToLegal.com only for lawful and legitimate purposes. Do not take any action(s) or post any content that violates or infringes the rights of others, including but not limited to the intellectual property rights of others, or that otherwise violates the Law. Do not post Content, Submitted Materials, or publish any Communication on GoToLegal.com or any Services that is irrelevant to or inappropriate for the surrounding content or for GoToLegal.com and any Services, deliberately hostile, threatening, insulting, provocative, bigoted, abusive, defamatory, libelous, obscene, incites violence, promotes illegal activity, contains graphic violence or nudity, or creates or poses security or privacy risks to GoToLegal, any User or other third party. Personal and commercial attacks, bullying, and hate speech are expressly forbidden. Do not falsely state, impersonate, or otherwise misrepresent your identity, such as using a pseudonym. Abuse of GoToLegal.com's Q&A Product or feedback features by submitting inappropriate referrals, comments, or suggestions is strictly prohibited. Misrepresenting your current or previous positions and qualifications, or your affiliation with a person, organization, association, or entity, past or present is strictly prohibited. Engaging in any other activity that denigrates GoToLegal, GoToLegal.com, any Services, Application, or Product is strictly prohibited. Prohibited activities include, without limitation, posting links to sites that contain viruses or malicious programs, using automated means (e.g. viruses, bots, robots, spiders, scrapers, or any other computer code) to collect any Site Materials or User or Third Party Content, or engaging in any activity that can interfere with or burden the operation of GoToLegal, or GoToLegal.com, any Services, Applications or Products. Engaging in bad faith excessive usage or abuse ofGoToLegal.com as bad faith excessive usage or abuse may result in temporary or permanent suspension of your account, as determined by GoToLegal in its sole discretion.
You must not use GoToLegal.com to commit, engage in, or abet wrongful or illegal activity. You acknowledge that your willful violation of any of the foregoing may subject you to civil and/or criminal liability. Any violation of the foregoing is a material breach of the Terms of Use and can be grounds for termination of your account.
In connection with, and as a condition of, your Use of GoToLegal.com, any Services, Applications, Products, or Communications, you warrant and agree you will NOT:
(a) violate any local, state, or federal rules, regulations, ordinances, statutes or laws, including, but not limited to, U.S. and international import and export laws and regulations;
(b) infringe any intellectual property or privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party or GoToLegal;
(c) upload, post, transmit, publish, e-mail, submit, obtain, store, distribute, disseminate, or attempt to upload, post, transmit, publish, e-mail, submit, obtain, store, distribute, or disseminate any material, data, content, or information that:
1. is unlawful, inappropriate, prohibited, pornographic, generally offensive, defamatory, hateful, fraudulent, profane, infringing, tortious, racially, ethnically, or religiously biased or offensive, indecent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
2. breaches any of your contractual or privacy obligations including the Terms of Use;
3. disrupts or interferes with the normal operations of GoToLegal.com, such as posting or transmitting viruses, corrupted files, worms, or any other similar software or programs that may interrupt, destroy, or damage the operation or functionality of any computer, technology system, software, or telecommunications equipment, or continuously posting repetitive materials, or an abnormally large load;
4. are not permitted by GoToLegal or GoToLegal.com, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials,junk mail,spam mail, chain letters, pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; and
5. through any means is not intentionally made available or provided for through GoToLegal.com;
(d) violate another's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing, stalking, threaten another person or otherwise violate the legal rights of others including rights of privacy and publicity, sending unsolicited e-mails, and collecting other's personal information;
(e) breach or attempt to breach any security measures of GoToLegal.com;
(f) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, GoToLegal.com or any Materials without GoToLegal's prior written consent;
(g) access or attempt to access any account or login of any User, customer, visitor, attorney, or any other third party listed on GoToLegal.com;
(h) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for Submitted Materials that are owned by you;
(i) post or submit any inaccurate, false, or incomplete information, including without limitation if you are an attorney, your resume, license information, biographical data, education, work experience, disciplinary action, or employment information;
(j) impersonate any person or entity;
(k) forge any header information in any electronic posting or email;
(l) misrepresent yourself, or your affiliation with any third party, or your entity;
(m) use GoToLegal.com in any manner which could otherwise damage, disable, overburden, or impair GoToLegal.com or interfere with any third party's use and enjoyment of GoToLegal.com, any Services, Applications, Products, or Communications;
(n) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communications specifically allows such messages;
(o) conduct or forward surveys, contests, pyramid schemes, or chain letters;
(p) download any file posted by another User of a Communication that you know, or reasonably should know, cannot be legally distributed;
(q) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(r) violate any code of conduct or other guidelines which may be applicable for any particular purpose or Communication;
(s) harvest or otherwise collect information about others, including email addresses, without
their consent; or
(t) otherwise violate the Terms of Use.
7. COMMUNICATIONS (see also the section Communications with Participating Attorneys).
GoToLegal has no obligation to monitor Communications. However, GoToLegal reserves the right, but not the obligation, to review Materials, information, and Content posted to or in a Communication, including the Communication itself, and to remove any Content or Communication, at its sole discretion. GoToLegal reserves the right to terminate your access to any or all of the Communications at any time without notice for any reason whatsoever, or for no reason. GoToLegal allows you the opportunity to offer an opinion about the services you received from an Attorney Directory Attorney and rate your experience. However, GoToLegal reserves the right at all times and in its sole discretion, to delete or modifiy your opinion about any Attorney in whole or in part for any reason whatsoever, as it sees fit. In addition, the Attorney about whom your opinion describes may delete your opinion at any time and for any reason.
GoToLegal reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, rule, legal process or governmental request, or to edit, modify, refuse to post, or remove any Content, in whole or in part, in GoToLegal's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication. GoToLegal does not control or endorse any Content, found in any Communication and therefore, GoToLegal specifically disclaims any liability whatsoever with regard to any and all Communications and any actions resulting from your participation in any Communication.
8. ACCOUNT, PASSWORD, EMAIL.
With your Use of GoToLegal.com, you may decide to open an account with GoToLegal.com. You may be asked for an email address and a password that will be used to create your account, and emails will be sent to your email address. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify GoToLegal.com if there is any unauthorized use of your account or any breach of security.
By submitting your email address, you agree that GoToLegal may use your email address to contact you, and you consent to receive emails from GoToLegal, including service or account related notifications necessary to make use of GoToLegal.com, any Services, Applications, or Products.
9. NO PROMISE OF A LEGAL OUTCOME OR SUCCESSFUL RESULT OR ANY RESULT.
You understand, acknowledge and agree that GoToLegal.com (a) does not promise, warrant, or guarantee that you will receive any desired outcome, successful result, or response for your legal situation or issue through GoToLegal.com; (b) does not promise, warrant, or guarantee results, legal or otherwise, any kind of result, the same or similar result, or any result at all, by using GoToLegal.com; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information provided by third parties including any attorney whether or not a Participating Attorney; (d) shall not be responsible for any Materials, Content, other information or data posted by third parties, including, but not limited to, legal information and sources; and (e) is not your agent or representative in any regard whatsoever. Further, you shall use your own judgment, caution, and common sense in evaluating any prospective attorney, GoToLegal.com information, Materials, Content, and other information provided by any third party including any attorney.
GoToLegal.com may have links, such as hyperlinks or buttons, directing access to third party websites (each a Linked Website and all Linked Websites). The Linked Websites are not under the control of, or monitored by, GoToLegal. GoToLegal is not and shall not be responsible for any materials, information, data, or content posted on any Linked Website, including without limitation any link contained in any Linked Website, or any changes or updates to any Linked Website. GoToLegal is not responsible for webcasting or any other form of transmission received from any Linked Website. The inclusion of Linked Websites on GoToLegal.com is provided as citationsand aids to you to help identify and locate other internet resources that may be of interest, and their inclusion is not intended to state or imply any relationship, affiliation, or association of GoToLegal with the owner of any Linked Website or any endorsement, approval, or sponsorship by GoToLegal.com of any Linked Website, or any association with their respective operators. oToLegal.com includes the Linked Websites solely for your convenience. The Terms of Use do not cover your interaction with the Linked Websites. You are solely responsible for your access to and use of Linked Websites. You shall use your own judgment, caution, and common sense in using the Linked Websites.
Certain services made available through GoToLegal.com are delivered by third parties. By using any Product, Service, or functionality originating from GoToLegal.com, you acknowledge and consent that GoToLegal may share your information and data with any third party with whom GoToLegalhas a contractual relationship to provide the requested Product, Service or functionality to you.
11. PRIVACY.
By using GoToLegal.com or any Services, you agree to GoToLegal's Privacy Policy and its terms which are incorporated by reference in the Terms of Use, as updated from time to time.
Please review our Privacy Policy for more information. Communications between you and a Participating Attorney in the Q&A Product may not be confidential or private. For quality assurance purposes, and in order to deliver GoToLegal Services, GoToLegal.com will have access to your Communications with Participating Attorneys. However, GoToLegal.com will protect Communications made through the Q&A Product pursuant to the Privacy Policy.
GoToLegal takes commercially reasonable efforts to maintain the security and privacy of Private Communications, and GoToLegal personnel will not view or examine Private Communications except where absolutely necessary to address problems of a technical nature affecting such User's account, protect the integrity of GoToLegal.com, or to respond to any legal process or comply with the law. GoToLegal.com may restrict, suspend, or terminate your account should you violate the provisions or guiding principles underlying this Privacy Policy. You should avoid submitting, posting, transmitting, publishing, or displaying any of your information on or through GoToLegal.com that may be confidential (“Confidential Information”), and you acknowledge that by doing so, GoToLegal does not warrant or guarantee that your Confidential Information will remain confidential.
You acknowledge that there is no expectation of privacy or confidentially with respect to any Content or information including your Communications, whether they are private, confidential, or otherwise, that are submitted, posted, or published on certain areas of GoToLegal.com or any Services, or transmitted to a Participating Attorney, another User, any Third Party, the Private Question and Answer Service, or the Public Question and Answer Forum.
12. GOTOLEGAL.COM IS NOT A “LAWYER REFERRAL SERVICE.”
GOTOLEGAL.COM IS NOT A LAWYER REFERRAL SERVICE AND DOES NOT PROVIDE SUCH SERVICES. GOTOLEGAL PROVIDES A PLATFORM FOR LEGAL INFORMATION, SELF-HELP, AND COLLABORATION. GOTOLEGAL.COM PROVIDES AN ATTORNEY DIRECTORY ON GOTOLEGAL.COM THAT COMPRISE PARTICIPATING ATTORNEYS AND DIRECTORY ATTORNEYS. THE ATTORNEY DIRECTORY AND ATTORNEY PROFILES PUBLISHED ON GOTOLEGAL.COM ARE SOLELY FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE AN ENDORSEMENT OR APPROVAL OF ANY ATTORNEY FOR ANY LEGAL MATTER OR PURPOSE. BY USING THE ATTORNEY DIRECTORY OR COMMUNICATING WITH ANY PARTICIPATING ATTORNEY, YOU AGREE TO INDEPENDENTLY EVALUATE THE QUALIFICATIONS OF AN ATTORNEY, WHETHER A DIRECTORY ATTORNEY OR PARTICIPATING ATTORNEY, BEFORE DECIDING FOR YOURSELF WHICH ATTORNEY(S) YOU WISH TO INTERACT WITH OR INDEPENDENTLY RETAIN TO ASSIST WITH YOUR LEGAL MATTER. GOTOLEGAL.COM PROVIDES TOOLS TO ASSIST YOU TO IDENTIFY ATTORNEY(S) WHO MAY ASSIST YOU WITH YOUR LEGAL NEEDS, AND YOU ACKNOWLEDGE THAT GOTOLEGAL DOES NOT RECOMMEND, ENDORSE, OR QUALIFY ANY PARTICULAR ATTORNEY TO ASSIST YOU WITH YOUR LEGAL NEEDS.
NO FEE SHARING ARRANGEMENT EXISTS BETWEEN GOTOLEGAL AND ANY ATTORNEY FOR ANY LEGAL MATTER. THE “REVIEWED BY” ATTORNEY OR PARTICIPATING ATTORNEY ATTRIBUTIONS AND STATEMENTS ARE NOT A GUARANTEE OF SUCCESS, OR ANY RESULT. IT IS ALWAYS RECOMMENDED THAT YOU SPEAK WITH AN ATTORNEYTO ASSIST YOU WITH YOUR SPECIFIC LEGAL SITUATION. BEFORE RETAINING AN ATTORNEY, YOU SHOULD CAREFULLY CONSIDER THE ATTORNEY'S KNOWLEDGE AND EXPERIENCE AND ASK FOR A WRITTEN LEGAL SERVICES AGREEMENT DETAILING THE TERMS AND CONDITIONS OF THE REPRESENTATION, INCLUDING ALL FEES, EXPENSES AND OTHER OBLIGATIONS. NO LEGAL REPRESENTATION RELATIONSHIP EXISTS IN ANY WAY WHATSOEVER BETWEEN YOU AND GOTOLEGAL OR ITS SUBSIDIARIES OR AFFILIATES.
From time to time, if you are a current Customer with a valid Plan - as defined below, you may be offered a legal fees discount (“Discount”) by the Directory Attorney or Participating Attorney you hire to handle your legal matter. Any Discount that may be offered may be different from person to person, for the type of legal matter, practice area, or time involved, among other things, including for instance, whether you are an active or retired police officer, fire fighter, paramedic, or flight attendant (each a "First Responder" and all, “First Responders”), or active or retired military (“Military”). The decision whether to offer you a Discount, the amount of the Discount if offered, how many times, or when the Discount is offered, applied, provided or fulfilled in whole or in part, or whether you receive a Discount at all even if offered, is made solely by the Directory Attorney or Participating Attorney you hire and GoToLegal has no liability whatsoever in the Directory Attorney’s or Participating Attorney’s decision or handling regarding any Discount that may or may not be offered to you, or that you may or may not receive.
13. INDEMNIFICATION.
You shall defend, indemnify and hold GoToLegal harmless from and against any and all Claims, damages, costs, lost profits, liabilities and expenses including, but not limited to, attorneys' fees and court costs (i) arising out of or related to any content such you post, store, make accessible, or otherwise transmit on or through GoToLegal.com, any Services, Applications, or Products, or (ii) arising out of or related to your use of or inability to use GoToLegal.com, any Services, or Application and Products, or inaccessibility or termination resulting from your breachor violation of the Terms of Use, including without limitation any actual or threatened suit, demand or Claim arising out of or relating to your conduct, to any content you post, store, make accessible or otherwise transmit using GoToLegal.com, any Services, Applications, or Products, or to your violation of the rights of any third party or User of GoToLegal.com, any Services, Application, or Products.
14. COMMUNICATIONS WITH PARTICIPATING ATTORNEYS.
A private communication (“Private Communication”) consists of the text of information, questions, answers, and responsive Communications between you and Participating Attorney(s) conducted within certain designated, private portions of the Q&A Product of GoToLegal.com ("Private Question and Answer Service"). GoToLegal provides this Private Question and Answer Service where certain content and other Materials submitted for publication and transmission by you will be treated as Private Communications, but they are not confidential. Such Private Communications are privately directed and sent to, and received by, Participating Attorney(s). Your Private Communication is not posted on the general viewing area of GoToLegal.com or viewed by the general public unless your name and other personal identifiable information has been previously removed. Once your name and other personal identifiable information is removed from the Private Communication it becomes a Public Communication and may be published on GoToLegal.com’s publicly visible website forum (“Public Question and Answer Forum”) which is not private or confidential.
Any User can initiate discussions and seek to publish questions and their responses on the Public Question and Answer Forum. You may elect to participate in the Public Question and Answer Forum with Participating Attorneys. However, you can choose to remain anonymous to the public when your Public Communications are posted in the Public Question and Answer Forum, although you will be identified to the Participating Attorneys during the Public Communications.
By using the Private Question and Answer Service, you acknowledge, agree, and give your consent that Participating Attorneys may publish generalized questions and generalized answers related to your Private Communications they may receive, with all your private information redacted and modified as a Public Communication and posted in the Public Question and Answer Forum for the benefit of the GoToLegal.com community. Such modified, generalized questions and generalized answers shall not constitute Private Communications. Public Information is all Communications and Content on GoToLegal.com, Services, Applications, or Products that are not Private Communications. Public Information includes, but is not limited to, information identifying the subject of Private Communications, its accompanying content, submissions, posts, comments, and their associated information submitted for publication on or actually published on the Public Question and Answer Forum. All information, both Private Communications and Public Information, will be protected in accordance with GoToLegal.com's Privacy Policy.
15. APPROVAL TO USE CERTAIN FEATURES OF GOTOLEGAL.COM AND SERVICES.
Your ability to use certain features of GoToLegal.com, Services, Applications, or Products,including without limitation, the Q&A Product, is subject to GoToLegal approval. GoToLegal may approve, at its sole discretion, your Use of such portion of GoToLegal.com, Services, Applications,or Products when (i) you have provided sufficient information or credentials about yourself to allow, but not require, GoToLegal at its sole discretion, but not its obligation, to verify the information you provide about yourself, and (ii) GoToLegal completes verification of your information to GoToLegal's sole satisfaction.
You agree to waive any and all Claims or any objections against GoToLegal and to respect and not contest the final decision of GoToLegal to deny and not approve your ability to Use any features of GoToLegal.com, any Services, Applications, or Products.
16. NO SHARING OF USER ACCOUNT.
Your GoToLegal.com account, any Services, Applications, or Products can only be used by you upon registering during your initial registration process. If another individual, Agent, Business Organization, attorney, or law firm wants or requests to use GoToLegal.com, any Services, Applications, or Products under your existing User's account, you must not share your account and should direct such individual, Agent, Business Organization, attorney, or law firm to register for their own GoToLegal.com account. Should GoToLegal discover on its own that you are sharing your User account with another individual(s), Agent(s), Business Organization(s), attorney (s), or law firm(s), GoToLegal reserves the right to suspend or terminate your User account immediately and without notice.
17. SPECIAL PROVISIONS APPLICABLE TO PARTICIPATING ATTORNEYS AND DIRECTORY ATTORNEYS.
To use GoToLegal.com or any Services as a Participating Attorney or Directory Attorney, you must be an attorney lawfully licensed and eligible to practice law in a legally recognized Jurisdiction(s) in which you must be in good standing, and must comply with the Laws governing the practice of law in that Jurisdiction(s). By submitting, posting, publishing or displaying any or all of your information or data including, but not limited to, your name, work experience, skills description, education, background information, or photo (each and all “Attorney Profile”), you are registering in the Attorney Directory and your information is displayed as your Attorney Profile. In addition, by submitting, posting, publishing or displaying any comments, responses, Communications, photos and images of any kind whatsoever, or other content (each and all including Attorney Profile are all, “Attorney Info”) on GoToLegal.com, communicating in any way with Customers or the general public, or advertising on or through GoToLegal.com, you state and agree you are a member in good standing of the bar in any Jurisdiction licensed or authorized to practice law. You also state and agree that you maintain or will obtain current legal malpractice liability insurance coverage prior to establishing any attorney/client relationship with any Customer or member of the general public who communicated with you or located you using GoToLegal.com. At any time you are no longer licensed or authorized to practice law in good standing in that Jurisdiction(s), you must immediately cease usage of the Q&A Product as a Participating Attorney and delete your listing in the Attorney Directory, immediately notify GoToLegal.com, and request complete or partial suspension and deactivation of your Participating Attorney or Directory Attorney account with respect to the availability to receive questions from User(s) in the affected Jurisdiction(s), and/or profile published on the GoToLegal.com Attorney Directory. Should GoToLegal discover this information on its own, GoToLegal reserves the right to suspend or terminate your Participating Attorney or Directory Attorney account immediately and without notice.
You represent and warrant that you have received permission and authorization from your employer or law firm to participate on GoToLegal.com and Services. Use of GoToLegal.com or any Services for any unauthorized purpose whatsoever are grounds for immediate termination of your Participating Attorney or Directory Attorney account and without notice. At any time you are no longer affiliated with your employer or law firm, you must immediately notify GoToLegal to inform GoToLegal of the change in affiliation. Should GoToLegal discover this on its own, GoToLegal reserves the right to suspend, modify or terminate your Participating Attorney and Directory Attorney accounts.
You are solely responsible for any content, information, or advertising materials you post, transmit, publish, or submit to GoToLegal.com and the compliance of such materials with Laws of the Jurisdiction(s). Such compliance includes without limitation, that you must not engage in the unauthorized practice of law and that you must provide competent legal information within the Q&A Product, that you must observe and obey any applicable professional ethical duties as a result of your access to or receipt of Private Communications and Public Communications, and that you must not communicate, in person, by telephone, or by other means involving live, interactive Communication except through GoToLegal.com or any Services, with any individual or Business Organization which has been identified through GoToLegal.com or any Services relating to any matter discussed over GoToLegal.com or any Services unless and until the identified Business Organization has unequivocally and unambiguously requested such Communications from you. With respect to observing and obeying any applicable professional ethical duties as a result of access to or receipt of Private Communications andPublic Communications, you must appropriately and comprehensively redact and modify your response all private, confidential and personal identifiable material contained in the received question making it a public question (Public Question) prior to submitting it as a Public Communication for publication in the Public Question and Answer Forum.
Furthermore, you authorize GoToLegal to publicly display on GoToLegal.com and any Services your professional attorney profile, law firm profile and photo, and all questions and responses submitted for publication on the Public Question and Answer Forum. You agree to keep your professionalattorney profile and, if authorized, law firm profile both current and accurate on GoToLegal.com including any Services. It is also your sole responsibility to retain and maintain in compliance anyand all advertising materials if required by the Laws of the Jurisdiction(s).
GoToLegal reserves the right to edit or modify the work experience and skills description you submit to better fit the page format, layout, or GoToLegal.com look and feel. We reserve the right to make any necessary revisions or deletions of your work experience and skills description at any time for any reason, and to make any decisions whether or not to post your headshot photo with your work skills and experience description. However, notwithstanding anything said above in this paragraph, GoToLegal will not make any revisions or deletions that substantially change the truth of your work experience or skills description that you have provided to GoToLegal.com.
By submitting, posting, publishing or transmitting any and all information or data including, but not limited to, your Attorney Info to GoToLegal.com, or by participating in the Q&A Product, you may be selected, and agree, to be showcased on GoToLegal.com, but not for any particular date or time, period of time, or you may not be selected at all, and without any compensation of any kind or nature whatsoever. By submitting your Attorney Info to GoToLegal.com, and displaying your Attorney Profile in the Attorney Directory, you understand and agree to give Customers, including Customers who are active or retired Military, First Responders, or from charity partners, at least the then current minimum legal fee discounts (“Discounts”) that are displayed on your Attorney Profile. GoToLegal.com does not guarantee the status of any Customer as active or retired Military, First Responder, or coming through a charity or nonprofit source. You cannot, and should not, rely on GoToLegal.com to verify Customers as active or retired Military, a First Responder, or whether they come through a charity or nonprofit source. You must independently verify Customer status for yourself.
You understand and agree that by submitting, posting, publishing or transmitting your Attorney Info to us, or by participating in the Q&A Product, that you will not receive any compensation of any kind whatsoever and you: (i) authorize, release, and give your consent to GoToLegal to use your Attorney Info; (ii) give GoToLegal a limited license to use your Attorney Info on GoToLegal.com and in other marketing materials; and (iii) release and indemnify GoToLegal, from any and all liability and any and all damages whatsoever that may or could occur as a result of posting or publishing your Attorney Info on GoToLegal.com or the use of your Attorney Info in GoToLegal marketing materials. You agree you will have no ownership rights or claims, tangible or intangible, in GoToLegal.com, its Content, or other marketing materials by virtue of any post or use by GoToLegal.com of yourAttorney Info. You acknowledge and agree you will not be compensated in any manner or kind whatsoever, at any time, by GoToLegal as a result of the posting or publishing of your Attorney Info in whole or in part on GoToLegal.com or its use by GoToLegal in any of GoToLegal.com's marketing materials.
If you agree to be a Participating Attorney you may receive questions from Users on a random basis which you may elect to accept and respond. The User questions including follow-up questions (each a “Question”) will involve matters related to the practice areas and jurisdictions you have listed as your preferences in your Attorney Profile. For so long as you accept and respond to User Questions including Customer follow-up Questions and provide answers containing appropriate legal information, including follow-up Questions from a Customer, regarding matters in your listed practice areas, you will not be charged a fee (“Ad Fee”) for listing your Attorney Profile in the Attorney Directory. At any time you fail to accept and respond to 5 or more User Questions that have been sent to you, you may be charged an Ad Fee to continue your Attorney Profile listing in the Attorney Directory.
18. SPECIAL PROVISIONS APPLICABLE TO REGISTERED AGENTS AND BUSINESS ORGANIZATIONS.
As a Registered Agent you represent and warrant that you are authorized to accept the Terms of Use on the Business Organization's behalf, and such Business Organization agrees to be bound by and be responsible for your acts and representations on GoToLegal.com and any Services. Use of GoToLegal.com or any Services for any unauthorized purpose whatsoever are grounds for termination of your Registered Agent's account immediately and without notice. At any time you are no longer affiliated as an Agent of a Business Organization or the Business Organization that you are affiliated with ceases to exist, you must immediately cease usage of GoToLegal.com and any Services in that capacity, immediately notify GoToLegal, and suspend and deactivate your Registered Agent account. Should GoToLegal discover this information on its own, GoToLegal reserves the right to suspend or terminate your Registered Agent account.
By using GoToLegal.com, you and Business Organization allow GoToLegal to gather and display limited profile information about you and the Business Organization to selected Participating Attorney(s) and allow Participating Attorneys to perform due diligence to comply with any applicable professional responsibility and ethical obligations, and for marketing purposes. By continuing to useGoToLegal.com, you must keep your profile information and the Business Organization profile both current and accurate on GoToLegal.com.
19. NO PRESUMPTION OF ATTORNEY-CLIENT RELATIONSHIP.
In recognition of the limited scope, duration, and brevity of the Communication(s) exchanged between you and Participating Attorney(s) within or through the Q&A Product whether a Private Communication or a Public Communication, you understand beforehand and intend that no attorney-client relationship forms, nor is one construed, between you or your respective Business Organization, and any law firm, participating Attorney or Directory Attorney arising out of the use of GoToLegal.com or any Services, including without limitation the Q&A Product, whether the Private Question and Answer Service or the Public Question and Answer Forum.
With respect to the Private Question and Answer Service and related services, certain Communications are initiated when you submit a question to Participating Attorney(s). The Participating Attorney(s) is provided notice that the question was submitted, but is only initially presented with your supplied profile information, the subject/title description of the initiating question, information regarding potentially adverse or involved parties, and your identification of the question's relevant Jurisdiction and practice area. It is the responsibility of each Participating Attorney(s) to first determine and represent that no conflicts of interest exist. Only after Participating Attorney(s) indicates the desire to receive your question, is the text of the question (i.e., the Private Communications) actually made accessible to the Participating Attorney(s), in whose discretion it lies whether or not to answer the question or complete an exchange. It is up to the Participating Attorney(s) to determine whether he or she wants to further investigate, follow-up, review, pursue, take further action, or represent you. Therefore, you acknowledge and understand that Communications exchanged within GoToLegal.com will not give rise to an attorney-client relationship, nor is one construed, you waive confidentiality, and any attorney-client relationship that could or may be formed unless you and the Participating Attorney(s) expressly agree otherwise or act in a manner that would be sufficient to rebut this presumption in the applicable Jurisdiction(s).
Nevertheless, Participating Attorney agrees to keep private all Private Communications under the Terms of Use and the Laws of the Jurisdiction(s). You acknowledge and understand that GoToLegal could be required by law to disclose your Communications.
20. ATTORNEY ADVERTISING.
GoToLegal.com provides an Attorney Directory of various attorneys including Participating Attorneys and Directory Attorneys, which you acknowledge may consist of attorney advertising. You acknowledge that every Communication(s) in the Q&A Product, whether it's the Private Question and Answer Service or the Public Question and Answer Forum, including any submission, post, or comment on either sent by any responding Participating Attorney(s) to you may consist of or contain advertising information. Such Communication(s) is sent to you after your identity has been revealed to the Participating Attorney(s). Participating Attorney(s) have not paid a fee to participate within the Q&A Product. Participating Attorney is solely responsible to ensure that any Communication with you and any other information about such Communication Participating Attorney offers complies with Laws of the Jurisdiction(s) for the Communication subject matter.
21. PUBLIC QUESTION AND ANSWER FORUM.
GoToLegal provides a Public Question and Answer Forum where Materials and other content submitted for publication by Users are not confidential or private, and such Materials and other content are visible and viewable to the general public. By submitting any Materials or other content in the Public Question and Answer Forum, you acknowledge that any Materials or other content you submit to the Public Question and Answer Forum will not be held in confidence and will not be private. Further, you agree to allow such Materials or other content to be visible and viewable to the general public. By using the Public Question and Answer Forum, you agree to allow certain of your identifying information contained in or about the Materials and other content to be published and associated with such Materials or other content and posted in the Public Question and Answer Forum.
By submitting any Communication, Materials or other content to the Public Question and Answer Forum, you acknowledge that it is not a guarantee your Communication, Materials or other content will be published or that they will receive any response at all. You acknowledge that publication of any Materials or other content to the Public Question and Answer Forum is not instantaneous and is subject to review and approval by GoToLegal. GoToLegal reserves the right, but not the obligation, to deny publication of any Communications, Materials and other content submitted for publication in the Public Question and Answer Forum for any reason, or for no reason.
GoToLegal is not a law firm and is not obligated to provide any response to any such Communication, Materials or other content submitted to or posted on GoToLegal.com including the Public Question and Answer Forum. Even if your Communication, Materials and other content are approved for publication in the Public Question and Answer Forum, any response is still not guaranteed and is provided at the sole discretion of other User(s) including Participating Attorney(s). Any response should be used for informational purposes only. You acknowledge that you should not rely solely on obtaining information from GoToLegal.com or any Services, including the Public Question and Answer Forum, and should independently retain legal counsel for assistance with your legal matter.
By submitting any Communication, Materials or other content to GoToLegal.com, you grant GoToLegal the right to edit, redact, delete, modify, or re-categorized the Communication, Materials or other content submitted for publication or published in the Public Question and Answer Forum in GoToLegal 's sole discretion. You agree to release GoToLegal from any and all liability and damages whatsoever for making such edits, redactions, deletions, modifications, or re- categorizations. You further agree to not hold GoToLegal liable for any Communication, Materials or other content that are not published, timely or otherwise, that does not receive any responses, or are removed.
22. PUBLICATION OF SUBMISSIONS BY PARTICIPATING ATTORNEYS TO THE PUBLIC QUESTION AND ANSWER FORUM.
Among the Services provided in the Public Question and Answer Forum, GoToLegal.com provides a Service which allows a Participating Attorney to publish Public Information on GoToLegal.com related to Private Communications rightfully received by such Participating Attorney on GoToLegal.com.
In its efforts to maintain the integrity and privacy of Private Communications, GoToLegal takes commercially reasonable steps to facilitate this process by initially directing and requiring such Participating Attorney to appropriately modify, remove, and redact all private and confidential information and any personally identifying information contained in the Private Communication so that it is suitable for submission and publication as a Public Question on the Public Question and Answer Forum. By using the Public Question and Answer Forum, Participating Attorney agrees to appropriately modify, remove and redact any private, confidential, or personally identifiable information before submitting it for publication in the Public Question and Answer Forum. GoToLegal reserves the right, but does not undertake the obligation, to additionally screen such submissions or to reject such submissions for publication, even after publication, on the basis that it contains inappropriate or irrelevant information to be displayed in the Public Question and Answer Forum.
23. PRIVATE QUESTION AND ANSWER SERVICE.
By using the Private Question and Answer Service, you agree to allow certain identifying information about you as the author of the Private Communications to be published and associated with such Private Communications in the Private Question and Answer Service.
By submitting your Submitted Materials, other content, or Communications to the Private Question and Answer Service, you acknowledge that your Private Communications may not receive any response from a Participating Attorney(s), that responses may be delayed, or that any response may not answer or address the scope or nature of such Private Communications. You acknowledge that any response(s) to such Private Communications is not instantaneous, and the return and receipt of any such response is outside the control of GoToLegal.com and is at the individual discretion of each Participating Attorney(s) selected to receive such Submitted Materials, other content, or Communications. Any responses from a Participating Attorney should be used for informational purposes only. You acknowledge that you should not rely solely on obtaining information from GoToLegal.com or any Services, including the Private Question and Answer Service and should independently retain legal counsel for assistance with your legal matter(s).
GoToLegal is not a law firm and is not obligated to provide any response to any Materials or Communications submitted to or posted on GoToLegal.com or any Services including the Private Question and Answer Service or the Public Question and Answer Forum. GoToLegal reserves the right to deny publication of any Materials or Communication submitted for publication in the Private Question and Answer Service for any reason, or for no reason.
24. PAYMENT
To submit Communications or Submitted Materials to the Private Question and Answer Service, you must purchase valid access to use this portion of GoToLegal.com, Communications, and Services either as a subscription ("Subscription") including an automatic, renewable monthly plan Subscription with discount fees on questions (Monthly Plan Subscription), a per question(s) plan ("Question Plan"), or discount rate on legal fees plan ("Discount Plan") basis. The discount rate on legal fees in any plan is subject to participating attorneys who offer and provide discount rates on their legal fees for a Customer's first legal matter or project after the selected participating attorney is formally engaged for hire unless the Customer has purchased a Monthly Plan. In event of the purchase of a Monthly Plan, the discount on legal fees offered to the Monthly Plan Customer is limited to one legal matter or project per plan period after formally engaging a participating attorney, i.e., a discount on legal fees applies no more often than one time during any three (3) months Monthly Plan period for any legal matter or project. The discounts on legal fees is not cumulative and does not rollover to future Monthly Plans after the Customer’s current Monthly Plan expires. Discounts on legal fees must be used during the term of the purchased Monthly Plan. To register and maintain a profile in the Attorney Directory, you must be an attorney and purchase valid access to use this portion of GoToLegal.com as a Subscription on an automatic, renewable monthly Subscription (“Attorney Subscription”). The Monthly Plan Subscription, Question Plan, Discount Plan, and Attorney Subscription (each a Plan and collectively, all are Plans). Plans are included as a GoToLegal Service. If you purchase a Plan and become a paying customer (“Customer”) you are eligible to receive a discount rate on legal fees from participating attorneys without additional payment over and above the Plan purchase price you already paid. As a Monthly Plan or Question Plan Customer you’ll gain valid access to use the Private Question and Answer Service. By becoming a Customer, your Submitted Materials and Communications will be treated as Private Communications except as otherwise stated in the Terms of Use, and privately directed to Participating Attorney(s) who receive your Submitted Materials and Communications. Private Communications will be made invisible to the public and other User(s). Monthly Plan Subscriptions, Question Plans, which include access to the Private Question and Answer Service, and Attorney Subscriptions are fully earned upon payment. GoToLegal does not perform identity verification on credit and debit card accounts. If you purchase a Monthly Plan Subscription or Attorney Subscription, you acknowledge and agree that it will continue month-to-month unless and until you cancel the respective Monthly Plan Subscription or Attorney Subscription, or GoToLegal terminates it. By purchasing a Monthly Plan Subscription, Question Plan, or Attorney Subscription, you expressly agree that GoToLegal is authorized to charge you a Monthly Plan Subscription, Question Plan, or Attorney Subscription fee (“Fee”) at the then current rate, and any other charges you may incur in connection with you use of GoToLegal.com or any Services, to the payment method you provided during registration or to a different payment method if you change your account information. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Additionally, if you require a record of payments for your transactions with us, you may access it through your GoToLegal.com account settings under “Purchase History”. When you purchase a Monthly Plan Subscription, Question Package, or Attorney Subscription you will be billed in advance on a monthly basis for the Monthly Plan Subscription or Attorney Subscription and in advance prior to use of the Question Package, and you will not be entitled to any refunds or credits for partial month(s) or Plans. GoToLegal will not prorate paid fees, funds or Subscriptions. GoToLegal does not guarantee refunds for lack of usage or dissatisfaction. You must cancel the Monthly Plan Subscription or Attorney Subscription before it renews each month in order to avoid billing of the next month's Monthly Plan Subscription or Attorney Subscription Fees to your payment method. To cancel your Subscription, please send your cancelation request by email to customersupport@gotolegal.com. If you purchase such access to the Private Question and Answer Service on a Question Package basis, such access to the Private Question and Answer Service is also fully earned upon payment. GoToLegal reserves the right to terminate access to the Private Question and Answer Service at any time for any reason or for no reason. If you violate any of GoToLegal’s Terms of Use, GoToLegal reserves the right to immediately terminate your GoToLegal.com Plan. If you have not purchased access, have invalid or cancelled access, or have completely redeemed previously purchased access and have neither renewed such access nor purchased additional access to use the Private Question and Answer Service during the signup registration process, any Submitted Materials, other content or Communications you submit thereafter to GoToLegal.com and any Services will not be treated as Private Communications, subject to the terms of the Private Question and Answer Service, and will be subject to publication in the Public Question and Answer Forum. You understand that any Submitted Materials, Communications or other content you submit to GoToLegal.com or any Services that are not Private Communications cannot retroactively be converted into Private Communications by subsequently acquiring and maintaining valid access to use the Private Question and Answer Service. You agree to release GoToLegal and not hold GoToLegal liable for any matter relating to any Services or payment of any attorney's fees for any attorney’s independent legal services (“Independent Legal Services”) including those of Participating Attorneys and Directory Attorneys, including without limitation, any disputes regarding Services or Independent Legal Services. 25. OTHER FEES AND RENEWALS From time to time, GoToLegal may offer different subscription terms, and the fees for such subscriptions (“Subscription Fees”) may vary. The Subscription Fees are non-refundable except as expressly set forth below. UNLESS YOU NOTIFY GOTOLEGAL.COM BEFORE THE RENEWAL DATE OF YOUR SUBSCRIPTION THAT YOU WANT TO CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US - WITHOUT NOTICE TO YOU - TO COLLECT THE THEN APPLICABLE SUBSCRIPTION FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU. 26. FREE TRIALS AND REFUND POLICY Free trials of certain Applications, Products, Services, and other products and services may be offered from time to time. The terms and conditions of such free trials shall be contained in the offer. No refund of any amount paid shall be granted under any of the following circumstances: 1) the accurate conversion of a free trial to a paid Service; 2) the accurate collection of any Fee or charges for any active Subscription or other Service; or 3) the accurate collection of Fees or other payment for any other product or service. 27. CERTAIN DISCLAIMERS AND NO WARRANTIES. ALL INFORMATION CONTAINED ON GOTOLEGAL.COM AND THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND NOT PROVIDED AS LEGAL ADVICE. GOTOLEGAL DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT THE LAW, PRODUCTS, OR SERVICES INCLUDING THIRD-PARTY CONTENT AND SERVICES. GOTOLEGAL IS NOT RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGES OF ANY KIND WHATSOEVER, WHETHER KNOWN OR UNKNOWN, INCLUDING THOSE TO YOUR COMPUTER, NETWORK, HARDWARE, SOFTWARE OR FIRMWARE, COMPUTER SYSTEMS, OR OTHER MATTERS RELATED TO OR CONNECTED WITH GOTOLEGAL.COM WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE OF GOTOLEGAL.COM, THE SERVICES, OR ANY SITE LINKED TO GOTOLEGAL.COM, WHETHER FROM ERRORS, ACTS, OR OMISSIONS IN THE CONTENT OR SERVICES OF GOTOLEGAL.COM OR ANY LINKED SITES, FROM THE OPERATION, NON-PERFORMANCE OR FUNCTION OF GOTOLEGAL.COM INCLUDING THE DELIVERY OR NON-DELIVERY OF MESSAGES, FROM ANY OTHER USE OF THE SITE, OR FROM ANY THIRD PARTY, THIRD PARTY SERVICES, OR THIRD PARTY CONTENT. YOUR USE OF GOTOLEGAL.COM IS STRICKLY AT YOUR OWN RISK. GOTOLEGAL.COM IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. GOTOLEGAL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES OF OTHERS OF THE COMMUNITY. THEREFORE, GOTOLEGAL DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OF INFORMATION BY OTHERS. BY USING AND/OR ACCESSING GOTOLEGAL.COM AND/OR THE SERVICES YOU ACKNOWLEDGE, ACCEPT, AND AGREE THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE OR VIEWING OF, OR ACCESS TO, GOTOLEGAL.COM AND THE SERVICES; (B) GOTOLEGAL AND/OR ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE, SATISFACTORY QUALITY OR DATA ACCURACY; (C) GOTOLEGAL EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (1) GOTOLEGAL.COM AND ITS MATERIALS WILL BE ERROR-FREE, VIRUS-FREE, OR FREE FROM OTHER HARMFUL COMPONENTS; (2) GOTOLEGAL.COM WILL BE SECURE; (3) GOTOLEGAL.COM WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES OR THAT DEFECTS WILL BE CORRECTED; (4) GOTOLEGAL.COM WILL MEET YOUR REQUIREMENTS; AND (5) THE RELIABILITY, ACCURACY, CORRECTNESS, COMPLETENESS, VALIDITY, SUITABILITY, AVAILABILITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS, SOFTWARE, PRODUCTS, SERVICES, APPLICATIONS, OR ANY OTHER CONTENT ON GOTOLEGAL.COM FOR ANY PURPOSE; AND (D) GOTOLEGAL SHALL NOT BE LIABLE FOR THE ACTS OF OMISSIONS OF ANY GOTOLEGAL.COM USER, ANY THIRD PARTY SERVICE, OR ANY THIRD PARTY CONTENT RECEIVED THROUGH GOTOLEGAL.COM OR USE OF ANY SERVICES, AS ANY SUCH HELP, THIRD PARTY CONTENT ADVICE OR OPINION ON THIRD PARTY SERVICES IS THE RESPONSIBILITY OF THE ORIGINATING PARTY. Participating Attorney(s) who appear on or use GoToLegal.com or any Services are not employed by GoToLegal. No such information contained on GoToLegal.com or provided by any Services, constitutes an endorsement of any particular attorney including any Participating Attorney or Directory Attorney, or a guarantee of any personal qualities, professional qualities, work experience, training, or characteristics of any attorney or any information or opinion he or she may render. By using GoToLegal.com or any Services, you assume responsibility to independently ensure and verify the following: the attorney(s) that you are seeking to provide legal information or help, are in fact qualified to handle your legal matter. You are solely responsible for selecting the attorney(s) to handle your legal matter and you acknowledge and understand that by doing so you accept the consequences that may result from your selection. GoToLegal does not monitor or have any control over any other services, including without limitation, Independent Legal Services or any legal-related services offered by any third party including other Users or customers including attorneys (each and all, “Third Party Services”). Therefore, GoToLegal assumes no responsibility or liability for any action, errors or omissions on the part of any providers of Third Party Services. GoToLegal has no obligation to provide you with customer support of any kind. However, GoToLegal may provide you with customer support from time to time at GoToLegal’s sole discretion. GoToLegal reserves the right, at any time, to modify, suspend, or discontinue the Services, in whole or in part, with or without notice. GoToLegal reserves the right to integrate into a different web service, migrate to a different URL, modify or discontinue, restrict or block access to, the Services without notice to you. GoToLegal may modify or remove the Content from the Services in whole or in part at any time without notice to you. GoToLegal is not liable for any modification, suspension, discontinuance, or removal of the Services or the Content. You agree that GoToLegal will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Services, in whole or in part. GoToLegal is not liable for any statements, representations, ratings, endorsements, advertisements, testimonials, responses, comments, information, opinions, advice and other content from or links to any Third Party websites (all, “Third Party Content”), or content of any other kind provided by its users (“User Content”) in any area of GoToLegal.com or any Services, and any such reference(s) on GoToLegal.com or any Services is not a sponsorship, endorsement, or recommendation by GoToLegal. (Third Party Content and User Content are included in “Content”). Some information provided and displayed on GoToLegal.com or any Services are based on contributions to GoToLegal.com by its Users and the automated computation of statistical data based on such contributions. GoToLegal makes commercially reasonable efforts to automate the display of such information when available on GoToLegal.com and any Services, and you acknowledge that some information may not be current or accurate, and may contain errors or omissions because that information is dependent upon the diligence of GoToLegal.com User(s). Therefore, you agree that GoToLegal assumes no responsibility whatsoever for any Third Party Content or User Content, and you agree not to hold GoToLegal liable for errors or omissions displayed, posted, or published on GoToLegal.com or any Services resulting from Third Party Content or User Content. Because of the limited scope, duration, and brevity of the Communication(s) exchanged between Participating Attorney(s) and you within the Q&A Product, Participating Attorney(s) who receive questions may not have had the opportunity to conduct an independent investigation of any GoToLegal.com User, Third Party Content or User Conent, to review pertinent documents, or carefully research the applicable laws. Therefore, you acknowledge and understand that any information provided by responding Participating Attorney(s) on GoToLegal.com or any Services are preliminary and subject to modification based on information the Participating Attorney(s) may not yet have, and could contain errors or omissions. You acknowledge and agree that if GoToLegal disables access to, or suspends or terminates your account, or one or more Services or functionalities on GoToLegal.com, you may be prevented from accessing GoToLegal.com or any Services, including any account information or data, uploaded content, transmissions, or communications contained in or involving your account. You acknowledge and accept that the provision and availability of GoToLegal.com and any Services depend on other services or resources outside of GoToLegal’s control, and that changes intended to improve the utility and performance of GoToLegal.com or any Services may require periods of inaccessibility or downtime to effect. GoToLegal reserves the right and sole discretion to improve, modify, or discontinue availability of GoToLegal.com or any Services. You will not hold GoToLegal liable or responsible for any damages or loss that result from inaccessibility, unavailability, data corruption, any failure or omission on your part to maintain accurate account data, your failure to maintain the security or integrity of such your authentication or passwords, or your failure to maintain or address the security and confidentiality of information or data you submit to GoToLegal.com or any Services. 28. NO DUTY TO MONITOR GOTOLEGAL.COM. GoToLegal has the right, but not the duty, to restrict, screen, edit, modify, remove, or monitor GoToLegal.com, Materials, Third Party Content, User Content or any Services in any way whatsoever. GOTOLEGAL DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF ANY CONTENT OR SERVICES. Nevertheless, GoToLegal reserves the right to modify or remove any Content or Services, at any time and for any reason, or no reason, without notice, at its sole discretion. 29. LIMITATIONS OF LIABILITY.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF GOTOLEGAL.COM, ANY MATERIALS, SERVICES, APPLICATIONS, OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF GOTOLEGAL.COM, STRANGERS, MINORS, FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE GOTOLEGAL, FROM ALL CLAIMS, CAUSES OF ACTIONS, AND DEMANDS, AND HOLD GOTOLEGAL HARMLESS FROM ANY AND ALL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL, AND DAMAGES FOR INCLUDING BUT NOT LIMITED TO, LOST PROFITS, GOODWILL, REVENUE, DATA, REPUTATION, OR USE, OR OTHERWISE ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF GOTOLEGAL.COM, YOUR SUBMITTED MATERIALS, MATERIALS, CONTENT, SERVICES, OR ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF GOTOLEGAL.COM. 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.", AS MAY BE AMENDED FROM TIME TO TIME. YOU SOLELY ASSUME ANY AND ALL RISKS ASSOCIATED WITH ANY ACCESS OR USE OF GOTOLEGAL.COM, SERVICES, APPLICATIONS, PRODUCTS OR MATERIALS OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH GOTOLEGAL.COM. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, OR THE DISCLAIMER OR LIMITATION OF CERTAIN DAMAGES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OFGOTOLEGAL.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GOTOLEGAL.COM. NOTWITHSTANDING ANYTHING SAID TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT WILL GOTOLEGAL'S MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES WHETHER IN ANY WARRANTY, CONTRACT, NEGLIGENCE, PRODUCT OR STRICT LIABILITY, OR OTHER THEORY OR CAUSE OF ACTION, ARISING FROM OR RELATING IN ANY MANNER TO THE USE OF OR RELIANCE UPON GOTOLEGLA.COM, MATERIALS, CONTENT, OR ANY SERVICE, SHALL NOT EXCEED ANY COMPENSATION OR FEES PAID BY YOU, IF ANY, TO GOTOLEGAL FOR ACCESS TO OR USE OF GOTOLEGAL.COM OR ANY SERVICE WITHIN THE LAST THREE (3) MONTH PERIOD PRECEDING THE DATE THE LIABILITY AROSE. YOU AGREE TO RELEASE GOTOLEGAL FROM ANY ALL LIABILITY OF ANY KIND OR NATURE WHATSOEVER AND TO NOT HOLD GOTOLEGAL RESPONSIBLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING FROM THE POSTING OR PUBLISHING OF ANY INFORMATION OR CONTENT BY ANY USER ON ANY PART OF GOTOLEGAL.COM OR SERVICES, WHICH INCLUDES WITHOUT LIMITATION, ANY AND ALL INFORMATION POSTED OR PUBLISHED ON THE PRIVATE QUESTION AND ANSWER SERVICE OR PUBLIC QUESTION AND ANSWER FORUM. YOU ACKNOWLEDGE THAT MATERIALS, COMMUNICATIONS AND OTHER CONTENT SUBMITTED FOR PUBLICATION TO THE PUBLIC QUESTION AND ANSWER FORUM ARE NOT CONFIDENTIAL OR PRIVATE AND COULD BE USED AS EVIDENCE FOR OR AGAINST YOU AND MAY NOT BE ENTITLED TO RECEIVE CERTAIN EVIDENTIARY OR OTHER LEGAL PROTECTIONS. YOU FURTHER UNDERSTAND AND AGREE THAT ANY CONFIDENTIAL OR PRIVATE INFORMATION REDACTED OR MODIFIED WITH THE INTENTION OF SUBMITTING NON-CONFIDENTIAL OR NON-PRIVATE INFORMATION SUITABLE FOR PUBLICATION AND POSTING ON THE PUBLIC QUESTION AND ANSWER FORUM IS THE SOLE RESPONSIBILITY OF THE USER WHO IS SUBMITTING, POSTING, OR PUBLISHING SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT GOTOLEGAL.COM IS ONLY A CONDUIT FOR COMMUNICATIONS, AND IS NOT A PARTY, PRINCIPAL, OR PARTICIPANT IN ANY PROVISION, RENDERING, RECEIPT, OR SOLICITATION OF ANY LEGAL ADVICE, OPINION, COUNSEL, INFORMATION, OR GUIDANCE. You agree to assume any and all liability which may result from the denial to use, or inability to use GoToLegal.com or any Services and hereby waive, absolve, indemnify, and release GoToLegal from any liability, loss, or damages of any kind or nature whatsoever resulting or arising from any Claim, demand, or cause of action arising directly, indirectly, consequentially, or historically from any contact, Content, Communication, advice, consultation, information, or representation made using GoToLegal.com or any Services. You further acknowledge and agree that in accepting the Terms of Use, you release, absolve, and indemnify GoToLegal from responsibility or liability for loss or damage of any kind or nature whatsoever, including legal fees, attorney's fees, and court costs, incurred by you or Participating Attorney's former or current client(s) or any other affected third party as a result of any conflict of interest. 30. OTHER USERS OR THIRD PARTY CONTENT. You grant to GoToLegal a nonexclusive, royalty-free, irrevocable, perpetual, sub-licenseable license to use, store, reproduce, modify, adapt, publish, translate, distribute, perform, or display Content consisting of Private Communications and Submitted Materials for the purpose of composing, transmitting, retrieval, or displaying such Private Communications as directed by you to another User(s) who is an intended recipient of the Private Communications. You grant to GoToLegal a nonexclusive, royalty-free, irrevocable and perpetual, sub-licenseable license to use, store, reproduce, sufficiently modify to enable transmission, adapt, publish, translate, distribute, perform, display, or create derivative works from Content, Submitted Materials, other than Private Communications, and any information that you submit, post, upload, or make accessible elsewhere on GoToLegal.com, such as, but not limited to, Public Information. You represent and warrant that you: 1) own and control or possess all rights to any User Content including Submitted Materials that you post as well as to grant the rights described above; 2) that the content is accurate and not misleading; and 3) that by supplying or otherwise making available such content you do not violate the Terms of Use or cause damages or injury to any other person or entity. GoToLegal may terminate the account of any User who violates or infringes on the intellectual property rights of others under applicable law or these Terms of Use. You grant GoToLegal a non-revocable license to use and disseminate Public Information without restriction for any purpose without obligation, acknowledgement, or compensation of any kind or nature whatsoever whether directly or indirectly to you. GoToLegal also has the right, in its sole discretion, to monitor, review, or censor Public Information in order to preserve the quality and integrity of GoToLegal.com and any Services. 31. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM GOTOLEGAL. By using GoToLegal.com, you consent to receive e-mails from GoToLegal, including service or account-related notifications necessary to make use of GoToLegal.com or any Services, and notices regarding updates or modifications to the Terms of Use. 32. ASSIGNMENT. The Terms of Use are personal to you and cannot be assigned, transferred, or delegated to any other person or Business Organization without the prior express written consent of GoToLegal. Any such attempt to assign, transfer, or delegate these Terms of Use without the express written consent of GoToLegal will not be honored and will be deemed null and void. GoToLegal has the right to assign, transfer, or delegate the Terms of Use to one or more third parties without your permission, including without limitation, to a successor or acquirer of GoToLegal. 33. APPLICABLE LAW AND VENUE. These Terms of Use and User's use of GoToLegal.com and any Services will be governed by and construed in accordance with laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York without resort to its conflict of law provisions. 34. ARBITRATION. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. All disputes and Claims must be resolved by final and binding arbitration using the American Arbitration Association according to its rules and procedures, to be held in New York County, in English, with a written decision and legal reasoning issued by the arbitrator(s) at either party's request, and with each party bearing their own attorneys' fees. Any disputes or Claims not eligible for arbitration shall be filed only in a state or federal court located in New York County, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer service department at info@gotolegal.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if GoToLegal has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Any arbitration under the Arbitration Agreement, described below, will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that by entering into the Terms of Use, accessing, or using GoToLegal.com you waive the right to participate in a class-action lawsuit in any dispute, disagreement, claim, or cause of action against GoToLegal, and you and GoToLegal each waive the right to a trial by jury. Arbitration Agreement GoToLegal and you agree to arbitrate all disputes and Claims between us. This agreement to arbitrate (“Arbitration Agreement”) is intended to be broadly interpreted. It includes, but is not limited to: â— Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; â— Claims that arose before this or any prior agreement (including, but not limited to, Claims relating to advertising); â— Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and â— Claims that may arise after the termination of this Arbitration Agreement. References to "GoToLegal", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either you or GoToLegal may bring an individual action in small claims court. You agree that, by entering into this Arbitration Agreement, you and GoToLegal are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Arbitration Agreement. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to GoToLegal should be addressed to General Counsel, GoToLegal , Inc., P.O. Box 656792, Fresh Meadows, NY 11365 ("Notice Address"). The Notice must (a) describe the nature and basis of the Claim or dispute; and (b) set forth the specific relief sought ("Demand"). If GoToLegal and you do not reach an agreement to resolve the Claim within sixty (60) calendar days after the Notice is received, you or GoToLegal may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by GoToLegal or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or GoToLegal is entitled. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Arbitration Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of the arbitration provision. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. The arbitrator may award declaratory or injunctive 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. YOU AND GOTOLEGAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GoToLegal agree otherwise, 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Notwithstanding any provision in this Arbitration Agreement to the contrary, we agree that if GoToLegal makes any future change to this arbitration provision (other than a change to the Notice Address) during your Subscription, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. 35. CHANGES TO TERMS OF USE. GoToLegal reserves the right to change or modify any of the provisions, terms, or conditions contained in the Terms of Use and under which GoToLegal.com is offered, including but not limited to, any notice, policy or guideline of GoToLegal.com and the charges and Fees associated with the use of GoToLegal.com, at any time, without prior notice and in GoToLegal 's sole discretion. Any change or modification will be effective immediately upon posting of the revisions on GoToLegal.com or any Services. You indicate your consent to updated Terms of Use by either affirmatively indicating consent when prompted during your use of GoToLegal.com or any Services, or by actually using or continuing to use GoToLegal.com or any Services after the date on which the Terms of Use have changed and shall be treated as acceptance of the updated Terms of Use. 36. SEVERABILITY. If any provision of the Terms of Use is determined by a court having competent jurisdiction over the matter to be invalid, unlawful, unenforceable, or void for any reason, then that provision shall be deemed severable from the Terms of Use and does not affect the validity or enforceability of any remaining provisions, which will continue to be valid and enforceable. 37. VIOLATION. Your use of GoToLegal.com or any Services in violation of any of the Terms of Use may result in the termination or suspension of your account and inaccessibility to any content or information you have submitted to any part of GoToLegal.com or any Services. GoToLegal may terminate your account at any time, at GoToLegal's sole discretion and without notice. 38. TERMINATION. GoToLegal in its sole discretion, has the right, but not the obligation, to terminate any Services of GoToLegal.com and remove any Materials, and any other Content from GoToLegal.com. GoToLegal reserves the right to revoke your access to and use of any part or all of the Services and Content provided by GoToLegal on GoToLegal.com at any time, with or without cause or notice, for any reason or for no reason. If you violate any of the Terms of Use, your permission to use GoToLegal.com, the Content and Services will automatically terminate. At GoToLegal’s sole discretion, it may terminate the accounts of users to prevent access to GoToLegal.com as necessary to enforce this Agreement. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection with advertising, or exploitation of the Services or any Content or other material used or displayed through the Services. If you want to terminate your account, you may only cease your Use of GoToLegal.com. GoToLegal shall not be responsible for maintaining or returning your Submitted Materials, your account, or your logon ID and password. You should always maintain a copy of your Submitted Materials.
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