Terms of service

Updated: June 22, 2017

Community.lawyer, P.B.C. (“Community.lawyer”) is a platform that helps facilitate communication and collaboration between and among legal organizations, attorneys, and people requesting legal help. Our primary services include: (1) software that enables attorneys and legal organizations to create branded portals for receiving and managing requests for legal help; and (2) software that enables attorneys and legal organizations to collaborate, share knowledge, and generate and disseminate content within their networks and across our wider ecosystem.

Before using our services, Community.lawyer requires our users — attorneys, legal organizations, and people requesting legal help — to read and agree to the following Terms of Service (“Terms of Service”). These Terms govern your use of and access to the sites (including subdomains), templates, products, applications, tools, and features (collectively, the “Services”) provided by Community.lawyer (together with its officers, directors, employees, agents, subsidiaries and affiliates).

You should review these terms periodically as we may update them at our sole discretion and without notice:

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ARE BOUND BY THESE TERMS OF SERVICE. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, WAIVER OF CLASS­-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

YOU MAY NOT ACCESS OR USE THIS SERVICE IF: (I) YOU CHOOSE NOT TO AGREE TO THE TERMS, (II) YOU ARE UNDER 18 YEARS OF AGE, (III) YOU DO NOT HAVE THE FULL POWER AND AUTHORITY TO ENTER INTO AND FOLLOW THESE TERMS, OR (IV) YOUR AGREEMENT TO AND FOLLOWING OF THESE TERMS DOES OR WILL BREACH OR CONFLICT WITH ANY OTHER AGREEMENT OR ARRANGEMENT YOU HAVE WITH SOMEONE ELSE OR OTHERWISE VIOLATES THE LAW.

A. Services Community.lawyer Does Not Provide

Community.lawyer does not provide any of the following:

1. Attorney Endorsements, Recommendations, or Referrals — Community.lawyer provides software to attorneys and legal organizations; we do not operate a legal referral service and do not endorse or recommend the legal service providers (e.g., attorneys) or portal administrators (e.g., legal organizations) who use our service. Any reviews, ratings, or other descriptions of or opinions regarding attorneys or legal organizations published on Community.lawyer do not guarantee or predict future results and should be relied on solely at each consumer’s own risk.

2. Legal Advice, Legal Opinions, Legal Services, or Legal Representation — Community.lawyer is not a law firm and is not engaged in the practice of law. The attorneys and legal organizations who use our service are not employees or agents of Community.lawyer.

3. Services that Create An Attorney-Client Relationship — Use of our service, including but not limited to requesting a consultation from an attorney or referral from an organization using our service, does not create attorney-client relationships with Community.lawyer, attorneys, or said organizations. When a consumer and attorney using Community.lawyer enter into an attorney-client relationship at any time, including but not limited to during a consultation facilitated by Community.lawyer, Community.lawyer has no involvement in that relationship nor in any agreements arising out of the relationship. Community.lawyer does not accept any portion of an attorney’s fees, and we are not liable or responsible for any professional services provided by or acts or omissions of attorneys or legal organizations who consumers may connect with via our service.

4. Confidential, Private, or Privileged Channels for Sharing Information — Community.lawyer takes commercially reasonable measures to keep information secure and prevent it from becoming disclosed to individuals who are not privy to it (as set forth by these Terms and the Privacy Policy). However, except as explicitly provided by these Terms, our Privacy Policy, or in non-conflicting rules and policies of portal administrators, user data and content are not confidential or protected by privilege. Community.lawyer reserves the right to collect, store, and use user data and content for the purposes described in our Privacy Policy. In addition, except as provided in non-conflicting rules and policies of portal administrators, legal service providers and portal administrators have no duty to keep information confidential or to forego representation adverse to the interests of users who submit or generate data and content.

5. Guarantees of the Identity of Users — While we take commercially reasonable measures to verify users’ identities, Community.lawyer does not warrant or represent the accuracy of user identities or claims made by users. We encourage users to research and, where appropriate, request further proof of any identities or claims made by other users, particularly when entering into an attorney-client relationship. Where users provide identity-related information that is untrue, inaccurate, not current, or incomplete, or if Community.lawyer has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Community.lawyer may suspend or terminate said users’ accounts and refuse current or future use of Community.lawyer.

B. General Terms

Community.lawyer reserves the right to monitor our services for the purpose of determining that use of the service complies with the terms of service. YOU AGREE THAT YOU WILL NOT, DIRECTLY OR INDIRECTLY:

1. Use the service, including but not limited to transmitting content, in a manner that violates these terms or any applicable law, rule, or regulation, or for any unintended purpose;

2. Use the service, including but not limited to transmitting content, in a manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group of persons;

3. Use the service, including but not limited to transmitting content, in a manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion, gender identity or expression, sexual orientation, age, military or veteran status, marital status, or disability;

4. Use the service, including but not limited to transmitting content, in a manner that is pornographic or obscene;

5. Except as expressly permitted by these terms, copy, reproduce, modify, distribute, display, create derivative works of, or transmit any content on the website or part of the service;

6. Use the service or any of our marks commercially, for benchmarking, or to compile content for a competitive product or service;

7. Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the service (except as and only to the extent any foregoing restriction is prohibited by a non­waivable provision of applicable law or to the extent as may be permitted by the licensing terms governing use of any open­-source components), or otherwise attempt to obtain source code;

8. Interfere with or damage the service or our servers, including but not limited to through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology;

9. Impersonate or misrepresent your identity or affiliation with a person, entity or organization, or use a false identity;

10. Attempt to obtain unauthorized access to the service or any materials or information not intentionally made available through the service;

11. Collect information about users of the service;

12. Violate, misappropriate, or infringe a third party’s intellectual property or other right through the service; or

13. Interfere with any third party’s ability to use or enjoy, or our ability to provide, the service.

Community.lawyer prohibits the conduct and content described above and, without obligation, may take measures to prevent or eliminate such conduct and content on Community.lawyer (e.g. pre-screening, monitoring, and/or removing offending content/conduct). However, users agree that they may be exposed to such conduct and content and that they bear all risks associated with such exposure. Community.lawyer is not responsible for any content, information, or materials posted by users, including but not limited to any reliance on the accuracy, completeness, or usefulness of such materials, information, or content.

C. Intellectual Property Rights of Community.lawyer and Others

Community.lawyer owns the service and the content on the website but is not responsible for third party content. All content on the website, or otherwise made available via the service, except for third party content, the trademarks, service marks and logos contained therein, the design of the website and service, and all software and other technology used to provide the service, are owned by or licensed to Community.lawyer. We reserve all rights not expressly granted to users.

Community.lawyer may contain content provided by third parties. In addition, the service may contain links to third party websites. Community.lawyer is not responsible for the third party content on the website or provided through the service or the content on any linked site or any link contained in a linked site, or any changes to such sites. We do not endorse or accept any responsibility for third party content or the practices of third party sites.

D. Content of Users

1. Ownership of and Responsibility for Content — Community.lawyer may include services that allow users to submit or generate information, comments, reviews, data, photographs, interactive materials or software, or other content for or submit such content to our website. Users retain all rights, interest, and title in, and are solely responsible for, such content. Use of services for generating or submitting content is solely at each user’s own risk. By submitting or generating content, users represent and warrant that the content is their original work or that they have the right to use content in the manner such content is used on Community.lawyer. Users further represent and warrant that they have the consent, release, and/or permission of each identifiable person depicted in content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness. Users agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any content submitted or generated for this service. User also warrants and represents that the content is accurate, not a misrepresentation, and not misleading, and that no copyright/trademark laws or rules of professional conduct have been violated by submitting or generating said content (e.g., rules related to confidentiality and privilege).

2. Grant of License to Community.lawyer — By generating content for, submitting content, or otherwise making content available via Community.lawyer’s service(s), users grant Community.lawyer a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicenseable and transferable license to use, reproduce, modify, prepare derivative works of, distribute, perform, publish, or translate that content in any media formats or through any media channels. Users warrant that content generated for or submitted to Community.lawyer is original or that the owner of the work has granted the user a license for said work with all the rights granted by users to Community.lawyer in this paragraph. Separate terms (as set forth later in this agreement) apply to content listed for sale or for free access on the Commons.

3. Digital Millennium Copyright Act Complaints — Community.lawyer strives to ensure that our service is not used to host infringing content. Accordingly, Community.lawyer responds to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act (DMCA). Where appropriate under the DMCA, Community.lawyer will terminate accounts that are used to infringe on the rights of others. Community.lawyer encourages users to file counter-notifications when they believe a DMCA takedown demand is improper. For information on how to respond to improper demands, consult the Chilling Effects (https://www.chillingeffects.org/) website. Owners of content that is being infringed upon may request that the removal of the content under the DMCA. To make such a request, please email us at legal@community.lawyer or send snail mail to our office address, attention Community.lawyer: 150 Court St, Flr 2, Brooklyn, NY 11201.

E. Account Balances

Subject to applicable laws, rules, and regulations, Community.lawyer permits users to maintain balances in their accounts. When users maintain a balance, Community.lawyer may combine user funds with the funds of other users and place pooled accounts in one or more bank accounts in Community.lawyer's name. Community.lawyer holds user funds separate from its corporate funds, does not use user funds for its operating expenses or any other corporate purposes, and will not voluntarily make user funds available to its creditors in the event of bankruptcy.

Community.lawyer is not a bank or other chartered depository institution. Funds held by Community.lawyer or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and may not be insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are for enabling money transmission and not for other benefit.

Users agree that they will not receive interest or other earnings on the funds that Community.lawyer handles and places in pooled accounts. In consideration for use of Community.lawyer, users irrevocably transfer and assign to Community.lawyer any ownership right that users may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on user funds, and nothing in this agreement grants Community.lawyer any ownership right to the principal of the funds users maintain with Community.lawyer.

F. Portal-Specific Terms

The following are additional terms that apply to the referral service and/or lawyer directory portal platform:

1. Portal Administrators — Portal administrators are users who, independent of these Terms, have entered into a Software License Agreement (“SLA”) with Community.lawyer to operate a portal via our software. As provided in the SLA, Community.lawyer grants to portal administrators a limited, non-exclusive, non-transferable, revocable license to use the software, solely for the operation of the portal.

2. Legal Service Providers — Legal service providers are users who create a lawyer account (e.g., through a “Sign in as a lawyer” webpage) through a portal or in manner otherwise provided by Community.lawyer. Legal service providers agree to use Community.lawyer’s services (e.g., respond to requests for legal help) in a manner consistent with their independent obligations under any agreements, laws, or rules of professional conduct they may be subject to.

3. Legal Consumers — Legal consumers are users who submit a request for legal assistance via Community.lawyer. Community.lawyer takes commercially reasonable measures to keep the contact information of legal consumers private until they authorize its use by submitting a request for a consultation or to view lawyers or by otherwise agreeing to share this information.

4. Payment Processing — Community.lawyer may facilitate payment from Legal Service Providers to Portal Administrators using Braintree (a division of PayPal, Inc.), or any like payment processor that Community.lawyer, in its sole discretion, chooses to use. By using the Braintree payment processing services, users agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement. Community.lawyer makes no warranties or representations in regards to services provided by payment processors. The payment processor may charge a payment processing fee in its sole discretion, and such fee will be assessed at the time of payment.

G. Commons-Specific Terms

The following are additional terms that apply to users of Community.lawyer's platform (“the Commons”) for lawyers to share, access, buy, and sell legal content from and to each other:

1. Access to the Commons — To access the Commons, users must be barred lawyers (whether active or retired) duly admitted to practice in the United States or in its territories. Users must also sign up for a Community.lawyer account, whether through an individual portal or by signing up for beta access to Commons or through other available means. Signing up for an account is free.

2. Fees for Listing and Sale of Content — For content that lawyer contributors list for free access, Community.lawyer provides hosting, uploading, and downloading services free of charge. For content that lawyer contributors list at a price, Community.lawyer remits a royalty of 70% of the listed price to the lawyer contributor on each purchase. The remaining 30% of the listed price is either retained by Community.lawyer as a publisher fee or used to offer discounts or reduced prices in certain cases (e.g. via promotions, beta programs, or waivers related to nonprofit-lawyer buyers). Where users violate these terms, Community.lawyer reserves the right to withhold, keep, or refund any funds that would otherwise be due to the users under these terms. Community.lawyer also reserves the right to change the royalty, publisher fee, and/or discount or reduce offered in relation to the sale of content on the Commons.

3. Responsibility for Taxes — Users agree that they have sole responsibility for taxes, including but not limited to sales taxes, that may apply to sales of content via the Commons.

4. Content Pricing — So long as the price does not fall below Community.lawyer's minimum price, lawyers who list content set the list price of such content at their sole discretion. Community.lawyer reserves the right to change the minimum price at any time; it is currently set at $1.

5. Content Purchase — Purchasers agree to pay in full, and in a timely fashion, all purchase prices and fees related to purchased content. Purchasers also agree that they must provide Community.lawyer with valid payment information, including but not limited to credit card, PayPal account, or other payment information. By using the Commons, users agree that Community.lawyer may charge the user's credit card, PayPal account, or other account for content purchased, as well as for additional amounts (including applicable taxes and late fees) accrued to or in connection with your account.

6. Payment Processing and Balances — Community.lawyer may facilitate payment using Braintree (a division of PayPal, Inc.), or any like payment processor that Community.lawyer, in its sole discretion, chooses to use. By using the Braintree payment processing services, users agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement. Community.lawyer makes no warranties or representations in regards to services provided by payment processors. At the time of purchase, the payment processor may charge a payment processing fee in its sole discretion.

7. Community.lawyer Rights to Listed Content — By listing content for sale or for free access, lawyer contributors retain ownership of any copyright in the content. However, lawyer contributors grant Community.lawyer a perpetual, irrevocable (except as expressly set forth later in this paragraph), worldwide, royalty-free, non-exclusive, sublicenseable and transferable right to exercise any copyright, trademark rights, publicity rights, and/or database rights (but no other rights) lawyer contributors have in the content, in any media formats or through any media channels, solely as reasonably related to making the content available on the Commons. When lawyer contributors cancel their account and/or remove their listed content, the above license will be revoked. Community.lawyer's license to make content available survives such cancellation or removal only for content that was purchased prior to cancellation or removal.

8. Access Rights to Listed Content — By listing content for sale or for free access, lawyer contributors grant lawyer users who access (e.g. purchase, download) the content the right to store, download, print, and use the content for professional use. Lawyers who access and/or purchase content agree not to share purchased content for use by coworkers or third parties or to share free and/or purchased content online, including but not limited to on websites or via listservs. Users acknowledge that unauthorized use of content may violate copyright protections or other laws, which may subject users to liability. Users further acknowledge that they are responsible for determining that they have the appropriate hardware, software, and internet capabilities to use content (e.g. view, download, and store), that the file is formatted appropriately for such use, and that the purchased content is not infringing or otherwise illegal.

9. Availability of Content — Community.lawyer reserves the right to make content purchased by users available indefinitely to purchasers. However, Community.lawyer does not guarantee the indefinite availability of purchased content. As it may be removed at our discretion, purchased content should be downloaded immediately.

10. Non-Involvement in User Interactions, Transactions, and Disputes — Users agree that Community.lawyer is not involved in any transactions or interactions via the Commons or, outside of Community.lawyer, between or among users. Community.lawyer is not the agent or representative of any user, and is not liable for loss or damage resulting from transactions or interactions between or among users. Community.lawyer has no obligation to become involved in or otherwise mediate or resolve any disputes between or among users, and users agree to release Community.lawyer from claims, damages, or demands related to user disputes.

11. Refunds — Sales of content are final and Community.lawyer has a strict no refund policy. However, in exceptional cases, Community.lawyer reserves the right to provide refunds (e.g. defective files and deceptive descriptions). Users seeking an exception to our no-refund policy should email hello@community.lawyer and explain the nature of the issue. Upon review of a user's request for an exception, Community.lawyer may issue a refund of the purchase price in any manner Community.lawyer deems appropriate, including but not limited to in the form of website credit. If Community.lawyer issues a refund, the royalty the lawyer seller received on the refunded content may be deducted from future royalty payments to the seller and/or charged to the seller using available payment information or accounts (e.g. credit card or PayPal account). Absolutely no refunds are available for content removed due to infringement issues.

H. Disclaimers

While we try to keep Community.lawyer safe and functioning, using our service exposes users to some risks. Community.lawyer is not responsible for any harm users may experience. Furthermore:

THE SERVICE, AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. COMMUNITY.LAWYER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON­INFRINGEMENT, AND QUIET ENJOYMENT.

COMMUNITY.LAWYER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE, (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, OR OTHERWISE CURRENT OR COMPLETE, (III) MEET USER REQUIREMENTS, (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE USERS USE OR THIRD PARTY WEBSITES OR APPLICATIONS, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.

I. Limitation of Damages

Community.lawyer’s liability for any damages you or a third party may incur is limited as follows:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMUNITY.LAWYER, ITS MEMBERS, AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS’ FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF COMMUNITY.LAWYER OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF COMMUNITY.LAWYER IN CONNECTION WITH THE WEBSITE AND SERVICE EXCEED $100 OR THE AMOUNTS YOU PAID TO COMMUNITY.LAWYER IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.

YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OR NATION OF RESIDENCE.

J. Indemnity

You agree to indemnify Community.lawyer for all costs in connection with claims.

You agree to defend, indemnify, and hold Community.lawyer its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members harmless from any damage, loss, cost, or expense (including but not limited to attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action brought or asserted against any of the indemnified parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these terms by you; (ii) arising from or related to your use of the service; or (iii) arising from or related to your user content.

If you are required to provide indemnification, Community.lawyer may, in its sole and absolute discretion, control any claim at your sole cost and expense. You may not settle, compromise, or in any other manner dispose of any claim without Community.lawyer’s consent.

K. Changes to the Service; Termination

Community.lawyer may terminate or modify the service or your use of the website at any time unless termination procedures are otherwise provided in a Software License Agreement the user has separately entered into with Community.lawyer (in which case termination is governed by that agreement). Community.lawyer may, in its sole and absolute discretion and without any liability, modify, suspend, or discontinue any aspect of the service, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the service at any time for any reason or no reason at all. If we terminate your use of the service, you must cease all use of the service immediately. These terms will survive indefinitely unless and until Community.lawyer chooses to terminate them.

L. Disputes

If you have any dispute with us, you agree that before taking any formal action, you will contact us at hello@community.lawyer, provide a brief, written description of the dispute, and your contact information and allow sixty days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:

These terms, your use of the service, and any other matter relating to Community.lawyer will be governed by the laws of the state of New York, without regard to conflict of laws principles.

These terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer­ Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in New York, New York. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:

First, if we reasonably believe that you have in any manner violated or threatened to violate these terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in New York, New York if the claim and the parties are within the jurisdiction of the small claims court.

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICE, OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

M. Miscellaneous

Except as provided in any applicable Software License Agreement between Community.lawyer and the user, these terms make up the entire agreement between the parties regarding Community.lawyer and supersedes any prior agreements.

Under no circumstances will Community.lawyer or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Community.lawyer’s reasonable control.

The service is controlled and offered by Community.lawyer from the United States of America. Community.lawyer makes no representation that the service may be used in or complies with the laws of other locations. Use from other locations is at your own risk. You consent to processing in the United States of America of the data you provide.

If you provide us with your email address, you agree that we may send you emails related to the service or your account. If you do not want to receive promotional emails related to the service, you can opt­ out by following the instructions in our messages. You may not opt out of emails relating to the administration of any service you request. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to communicate with or give notice to us, you must use the address: Community.lawyer, P.B.C., 150 Court St, 2nd Floor, Brooklyn, NY 11201.

You may not transfer your rights or obligations under these terms without the prior written consent of Community.lawyer. Community.lawyer may freely do so, in whole or in part. These terms will be binding upon the successors and permitted assigns of you and Community.lawyer. These terms do not create any third party beneficiary rights. These terms will be interpreted as if equally drafted by Community.lawyer and you. A party’s failure or delay in exercising (in whole or in part) any right, power, or privilege under these terms will not waive its rights to exercise such right, power, or privilege in the future. If any provision of these terms is declared invalid or unenforceable, then such provision will be deemed automatically amended to the minimum extent necessary to conform to the requirements for validity, and the remaining provisions of these terms will remain in full force and effect.

You acknowledge that you have read, understood, and are bound by these terms of service, as well as by the Privacy Policy of Community.lawyer. If you have any questions about this agreement, please email us at hello@community.lawyer.