Version 1.0.2, September 6, 2011
LawyerUp, and its related services offered on the LawyerUp website located at http://lawyerupnow.com (the “Website”), is a lawyer directory and dispatch service of Ubiquitous Legal Technology, LLC (“ULT”). By accessing or using the Website and clicking the “I AGREE” button at the bottom of this Agreement, you as User of the LawyerUp Service as defined below (“you” or “your” or “User”) agree to the terms and conditions of this LawyerUp User Agreement (the “User Agreement”). This User Agreement is a legal agreement between you and ULT. Except as provided in this User Agreement or by applicable law, no other terms, warranties, or representations (implied or expressed) shall be binding on ULT. For the purposes of this User Agreement, “commercially reasonable efforts” means the efforts of an ordinary reasonable business person. You and ULT agree as follows:
A. Nature of LawyerUp Service. LawyerUp is a web-based lawyer directory and dispatch service available to you as a User (the “LawyerUp Service”) in the Service Area. The Service Area for the LawyerUp Service covers the States of Rhode Island and Connecticut; the Commonwealth of Massachusetts; the five boroughs of New York, NY; or as otherwise agreed to as contemplated in Section C (the “Service Area”). The LawyerUp Service allows a User to contact the ULT Operator who, upon completion of the initial contact with the User, will attempt to contact a participating attorney (the “Attorney”) through smartphone, the Internet, or another telecommunications service, as may be available from time to time, allowing the Attorney to begin to work on the User’s behalf in an expeditious manner.
To that end, ULT will make commercially reasonable efforts to promptly identify and notify the Attorney of the User’s initial contact with the ULT Operator, and the Attorney will make commercially reasonable efforts to begin to work on the User’s behalf in no more than 15 minutes after the time the Attorney receives actual notice of the User’s initial contact with the ULT Operator.Certain subscription plans allow for more than one person to share a single User account.
When a User contacts the ULT operator by phone, the ULT phone operator will make commercially reasonable efforts to collect and record the following information from the User:
- Confirm the User’s identity,
- Record the User’s name,
- Record the User’s location (the “Location”),
- Record the phone number where the User can be reached (the “Contact Phone Number”), and
- Record the offense charged (if known).
Then, the ULT operator will make commercially reasonable efforts to attempt to contact an Attorney who is licensed to practice in the state of the Location and who agrees to provide an Initial Consultation with the User (the “User’s Attorney”). Once ULT successfully contacts the User’s Attorney on the User’s behalf, the User’s Attorney will make commercially reasonable efforts to contact the User at the Contact Phone Number to engage in an Initial Consultation, not to exceed one (1) hour in billable time. The User’s credit card will be charged $250 as described in Section F below, and this $250 will be paid to the User’s Attorney for the Initial Consultation. The intended purpose of the Initial Consultation is for the User’s Attorney to assist the User in addressing the particular emergency situation faced by the User.
At the User’s Attorney’s sole discretion, this Initial Consultation may include:
(a) If possible, a telephone communication by the User’s Attorney with the User at the Contact Phone Number. ULT’s operator will make reasonable efforts to attempt to connect the User’s Attorney to the Contact Phone Number once the User’s Attorney agrees to provide the Initial Consultation to the User.
(b) If the User cannot be reached by the User’s Attorney at the Contact Phone Number provided by the User, the User’s Attorney will make reasonable efforts to attempt to contact the User’s emergency contacts that have been previously provided to ULT by the User as part of the User’s registration process (the “User Contacts”), or, in case of a call from a Third-Party User (defined below), to contact the primary User on the account. The User’s Attorney will make commercially reasonable efforts to either (i) contact one of the User’s five User Contacts in the order previously provided by the User until the User’s Attorney has a live conversation with one of the User Contacts, or (ii) have a live conversation with the User, whichever occurs first.
(c) The User’s Attorney may contact a bail bondsman on behalf of the User, if appropriate.
(d) Other appropriate services, as determined by the User’s Attorney at his or her sole discretion.
(e) The Initial Consultation provided by the User’s Attorney to the User shall not exceed one billable hour of time total for all services provided by the User’s Attorney to the User and shall not include any personal appearance in court or elsewhere by the User’s Attorney, his or her partners, employees, or agents on behalf of the User.
BY CLICKING THE “I AGREE” BUTTON BELOW, THE USER HEREBY AGREES THAT ULT, INCLUDING ITS OFFICERS, INVESTORS, AGENTS, AND EMPLOYEES, IS NOT RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF A PARTICIPATING ATTORNEY, AND THAT ULT, INCLUDING ITS OFFICERS, INVESTORS, AGENTS, AND EMPLOYEES, IS IN NO WAY LIABLE TO THE USER OR ANY OTHER PARTY FOR THE ACTIONS OR INACTIONS OF A PARTICIPATING ATTORNEY. IN THE CASE OF SECONDARY USERS AND THIRD-PARTY USERS, THE USER AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS ULT, INCLUDING ITS OFFICERS, INVESTORS, AGENTS, AND EMPLOYEES, FOR ANY CLAIMS ASSERTED BY SUCH SECONDARY USERS OR THIRD-PARTY USERS FOR THE ACTIONS OR INACTIONS OF A PARTICIPATING ATTORNEY OR ULT.
LawyerUp Service Limitations
ULT and the ULT operators are not permitted to, nor will they, answer any questions regarding applicable law, and ULT and ULT operators are not permitted to, nor will they, render legal advice about the matter for which the User is seeking an attorney.
ULT pays no attorney’s fees or other compensation to the participating Attorneys, and the participating Attorneys make no payments to ULT. ULT does not guarantee any particular legal result. ULT has received from each participating Attorney a certification from such Attorney that he or she maintains professional liability insurance coverage in the amount of at least $10,000 per claim. Participating Attorneys use their own judgment in how to best respond to the User’s needs.
B. Subscription Plans. ULT provides several different Subscription Plans for its Users and may change these plans from time to time at its sole discretion.
(i) Secondary Users. Certain Subscription Plans allow for more than one person (each additional User listed after the primary User is referred to in this Agreement as a “Secondary User”) to share an account. In such event, each Subscription Plan will describe the relationship between the Users as it applies to the shared account. Some shared accounts may allow Users sharing the account to see account activity or information related to another User’s use of the LawyerUp Service. In the case of Secondary Users, the User agrees to and does hereby indemnify and hold harmless ULT, including its officers, investors, agents, and employees, for any and all claims asserted by such Secondary Users regarding any use or misuse of such information.
(ii) Third-Party Users. Certain Subscription Plans allow a User to request legal services for a person who is not an identified user (a “Third-Party User”). In this case, the User, as identified in such a Subscription Plan, will be charged any applicable fees or costs for LawyerUp Service requested for such Third-Party User. If the User requests the LawyerUp Service for a Third-Party User, the User hereby understands and agrees that ULT has no relationship with the Third-Party User. The User agrees to and does hereby indemnify and hold harmless ULT, including its officers, investors, agents, and employees, for any and all claims asserted by such Third-Party User and agrees to pay for all LawyerUp Service provided to such Third-Party User.
(iii) Free-Trial Users. If a User is using the LawyerUp Service under the Free Trial Plan, the User may not request the Service for a Third-Party User. Free Trial Plans expire June 30, 2011. Free-Trial Users will not be automatically enrolled in a renewal subscription. Free-Trial Users use the LawyerUp Service during LawyerUp’s beta testing phase, and the LawyerUp Service is provided “as is.” FOR FREE-TRIAL USERS, ULT DOES NOT GUARANTEE THAT AN ATTORNEY WILL BE DISPATCHED WITHIN 15 MINUTES OR ANY OTHER TIME FRAME. For Free-Trial Users, ULT will only cover legal fees for the Initial Consultation as provided in this Agreement. FREE-TRIAL USERS AGREE TO PAY ANY COSTS OR FEES INCURRED BY ULT IF THEY FALSELY OR NEGLIGENTLY CONTACT ULT’S OPERATORS AND ASSERT THEY ARE HAVING A LEGAL EMERGENCY. Legal emergencies are situations where law enforcement is present and involved or where there is a reasonable possibility that law enforcement will soon become present and involved. ULT reserves the right to cancel the LawyerUp Service at any time for any reason.
C. LawyerUp Service Outside the Commonwealth of Massachusetts; the States of Rhode Island and Connecticut; and the five boroughs of New York, NY. If the User is outside the Service Area, the ULT operator will make commercially reasonable efforts to reach an attorney licensed in the state in which the User is having his or her legal emergency and obtain agreement from such attorney to provide an Initial Consultation to the User. In such a case, the User acknowledges and agrees that the ULT operator’s efforts may take a longer period of time than 15 minutes and that the ULT operator may not be successful in finding an attorney licensed in that state willing to provide an Initial Consultation to the User. If the ULT operator is unable to contact an attorney willing to provide the Initial Consultation to the User within this longer period of time, the ULT operator will make commercially reasonable efforts to attempt to inform the User or one of the User’s Contacts, and ULT will be under no further obligation to the User. ULT will continue attempting to locate an out-of-service-area Attorney for as long as 24 hours, unless otherwise instructed by the User. Unless the User informs ULT within those 24 hours that ULT should stop attempting to locate an out-of-service-area Attorney, the User will be responsible for all charges. If the ULT operator is successful in finding an attorney willing to provide the Initial Consultation to the User, the User agrees to accept such Initial Consultation and agrees to pay the $250 charge for the Initial Consultation to such attorney as if the attorney were already a Participating Attorney in the LawyerUp Service (See Section F below).
BY CLICKING THE “I AGREE” BUTTON BELOW, THE USER HEREBY AGREES THAT ULT, INCLUDING ITS OFFICERS, INVESTORS, AGENTS, AND EMPLOYEES, IS NOT RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF ANY ATTORNEY ULT CONTACTS ON THE USER’S BEHALF, AND THAT ULT, INCLUDING ITS OFFICERS, INVESTORS, AGENTS, AND EMPLOYEES, IS IN NO WAY LIABLE TO THE USER OR ANY OTHER PARTY FOR THE ACTIONS OR INACTIONS OF ANY ATTORNEY IT CONTACTS ON THE USER’S BEHALF. IN THE CASE OF SECONDARY USERS AND THIRD-PARTY USERS, THE USER AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS ULT, INCLUDING ITS OFFICERS, INVESTORS, AGENTS, AND EMPLOYEES, FOR ANY CLAIMS ASSERTED BY SUCH SECONDARY USERS OR THIRD-PARTY USERS FOR THE ACTIONS OR INACTIONS OF ANY ATTORNEY ULT CONTACTS ON THE SECONDARY USER’S BEHALF OR THE THIRD-PARTY USER’S BEHALF.
D. Guarantee. If ULT is unable to contact an Attorney for an Initial Consultation on the User’s behalf within 15 minutes of the termination of the User’s initial contact with the ULT operator, ULT will pay the User $100 TOTAL as liquidated damages. This 15-minute period begins at the time the Operator causes the ULT system to begin messaging Attorneys and terminates that call, and ends when an Attorney attempts to call the User’s Contact Phone Number, regardless of whether the Attorney is able to speak with the User.
This Guarantee is subject to the following limitations: 1) the User must request that the Attorney respond to a Location within the Service Area (the Commonwealth of Massachusetts; the States of Rhode Island or Connecticut; and the five boroughs of New York, NY); 2) the User must give the ULT operator accurate information to verify and record the User’s identity; and 3) the User’s credit card must be approved for a charge equal to the sum of any applicable dispatch fee and $250 at the time the User initially contacts the ULT operator requesting an Attorney.
ULT does not guarantee or assure any standard of performance by the Attorneys or any particular legal outcome. If ULT is unable to contact an Attorney for an Initial Consultation for the User within 15 minutes, ULT will continue to attempt to contact an Attorney for up to 24 hours or until the User informs ULT that the User no longer requires an Initial Consultation with an Attorney. If an Attorney is identified and makes a commercially reasonable attempt to contact the User, the User will pay the Attorney’s Initial Consultation fee of $250, even if it takes longer than 15 minutes for the ULT operator to contact an Attorney. As indicated in certain Subscription Plans, Free-Trial Users who receive the LawyerUp Service without charge from ULT agree to and do hereby release ULT from any and all liability, including any damages under this Guarantee.
E. Monthly Service Charge. ULT will provide the LawyerUp Service to the User and the User shall pay the fees, rates, and charges that ULT establishes and may change from time to time at its sole discretion and set forth in the terms of the User’s Subscription Plan (the “Monthly Service Charge”).
F. Payments to Participating Attorneys. The User agrees to authorize ULT to pre-authorize, hold, process, and otherwise charge the User’s credit card account on file with ULT the amount of $250 at the time of each request for an initial consultation. This amount will be used to pay the Attorney for the Initial Consultation to the User. This amount will be charged when the Attorney accepts the case from the ULT operator.
G. Further Services. Once the Initial Consultation is completed, ULT has no further obligation or liability for such consultation. The User may choose to continue representation with the User’s Attorney. If the User chooses to do so, the terms, including the fees to be charged, must be negotiated between the User and the User’s Attorney. If the User no longer wishes to engage the services of the User’s Attorney after the Initial Consultation, the User is under no obligation to do so. If the User’s Attorney no longer wishes to maintain representation with the User, the User’s Attorney is under no obligation to do so. The User hereby acknowledges and agrees that ULT will have no part in and no liability for any further services provided to the User from the User’s Attorney.
H. Term of Agreement. (i) This User Agreement shall be effective for a period of one calendar month from the date of execution as described below in Section T, provided that the term shall automatically be extended for additional one-month terms for as long as the User pays the Monthly Service Charge described in Section E, and provided that neither ULT nor the User has given notice to terminate this Agreement as described in Section H(ii).
(ii) Termination. This User Agreement may be terminated by either ULT or the User at any time, provided that ULT will give 30 days’ written notice (such as an email or letter) to the User, and provided further that the User will notify ULT of termination in writing or in a manner as provided by ULT. Such termination will be effective as of ULT’s actual receipt of such notice. Any Service Charge previously paid for those 30 days during which the User is not covered by the Service will be refunded (for example, if ULT receives notice of termination of service 25 days after the User has paid the Monthly Service Charge, the User will be refunded that portion of the fee that represents the five (5) days the User is no longer covered by the Service).
(iii) Initial Consultations. During the term, the User may use the LawyerUp Service as often as the User wishes, provided that for each use the User shall make available a charge equal to the sum of any applicable dispatch fee and $250, and provided that at all times ULT is discharged of its obligations under this Agreement with respect to any particular Initial Consultation request once the User and the User’s Attorney complete the Initial Consultation.
I. Authorized Persons. The User may designate one or more authorized persons who will have the same rights to the LawyerUp directory and dispatch service as the User (referred to in this agreement as Secondary Users). ULT will charge an additional fee for each authorized person and may limit the number of authorized persons allowed. ULT may remove an authorized person from the User’s account at its sole discretion and refund the User the balance of the additional fee for that authorized person. Authorized persons on the User’s account may incur charges such that the User’s credit card issuer declines additional attorney fee charges or the User’s ULT account balance becomes less than a charge equal to the sum of any applicable dispatch fee and $250. In that case, the User or authorized persons may not be able to engage a participating attorney for an Initial Consultation. ULT has no obligation to notify the User and has no liability in such an event.
SUCH SOFTWARE IS PROVIDED “AS IS” AND IS NOT WARRANTED OR GUARANTEED, AND ULT IS NOT LIABLE FOR ANY LOSSES OR DAMAGE RESULTING FROM ITS USE, AS INTENDED OR OTHERWISE, INCLUDING DAMAGE TO THE USER’S OR A SECONDARY USER’S OR THIRD-PARTY USER’S SMARTPHONE, COMPUTER, OR OTHER DEVICE, OR LOSSES RESULTING FROM ANY DAMAGE TO THE USER’S OR SECONDARY USER’S OR THIRD-PARTY USER’S SMARTPHONE, COMPUTER, OR OTHER DEVICE. IN THE CASE OF SECONDARY USERS OR THIRD-PARTY USERS, THE USER INDEMNIFIES AND HOLDS HARMLESS ULT, INCLUDING ITS OFFICERS, INVESTORS, AND EMPLOYEES, FOR ANY CLAIMS ASSERTED BY SUCH SECONDARY USERS OR THIRD-PARTY USERS REGARDING ANY SUCH SOFTWARE
K. Privacy Notice. ULT will gather information about the User and any Secondary Users or other authorized persons on the User’s account. The User hereby authorizes ULT to share such information with its agents, employees, officers, and vendors to the extent necessary, in ULT's sole discretion, to provide the LawyerUp Service. These third parties have access to User information only as needed to perform their services for LawyerUp and are contractually obligated to maintain the confidentiality and security of the User information. Additionally, the User hereby authorizes ULT to share such information with participating Attorneys to the extent necessary to notify them of the User’s, Secondary User’s, or an authorized person’s need for legal services hereunder. ULT will not share, sell, or disclose the User’s, Secondary User’s, Third-Party User’s, or other authorized person’s personal information to others, except as required by law. In the case of Secondary Users or Third-Party Users, the User indemnifies and holds harmless ULT, including its officers, investors, and employees, for any claims asserted by such Secondary Users or Third-Party Users regarding any use or misuse of such information.
L. Notices. Any notices, authorizations, or requests in connection with this Agreement will be sent to the persons and addresses listed below.
To User: Notices shall be sent to the User’s email address that the User provides to ULT.
To ULT: Notices shall be sent either by email to firstname.lastname@example.org or by US mail to:
Ubiquitous Legal Technology, LLC
210 Silver Hill Road
Easton, CT 06612
M. Assignment. The User may not assign this Agreement to another party, and any such assignment shall be null and void.
N. Severability. If a court holds any provision of this User Agreement to be illegal, invalid, or unenforceable, the rest of this User Agreement will remain in effect and this User Agreement will be amended to give effect to the eliminated provision to the maximum extent possible.
O. Waiver. A waiver of any breach of this User Agreement is not a waiver of any other breach. Any waiver must be in writing and signed by the User or ULT.
P. Applicable Law. This User Agreement is governed by the laws of the State of Connecticut, without regard to its conflicts of law principles. The content and the LawyerUp Service provided on the Website is protected by intellectual property law, including, but not limited to, United States copyright law, trademark law, trade secret law, and international treaties. The User agrees to comply with all applicable laws and regulations.
Q. Dispute Resolution. Any dispute arising out of this Agreement shall be resolved by binding arbitration conducted by the American Arbitration Association in the State of Connecticut.
R. Force Majeure. Neither party will be liable for any failure in performance due to causes beyond either party’s reasonable control, including but not limited to fire, explosion, acts of God, strikes, severe storms, civil unrest, riots, acts of civil or military authority, earthquake, war, terrorism, or acts or omissions of Internet or telecommunication traffic carriers. This section will not, however, apply to the User’s payment obligations under this Agreement.
S. Disclaimer/Limitation of Liability. ULT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ULT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ULT OR ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND THE USER MAY NOT RELY ON ANY INFORMATION OR ADVICE PROVIDED BY ULT OR ITS AGENTS OR EMPLOYEES. NEITHER PARTY WILL CLAIM SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS (WHETHER ARISING UNDER TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER A PARTY FORESAW SUCH DAMAGES), FOR BREACH OF THIS AGREEMENT. ULT’S TOTAL LIABILITY FOR A BREACH UNDER THIS USER AGREEMENT IS LIMITED TO THE AMOUNT OF $100 AS SET FORTH IN SECTION D ABOVE.
T. Execution. The User and ULT execute this User Agreement when the User indicates agreement by clicking on the “I AGREE” button either on ULT’s Website or on a smartphone or other software application published by ULT, or by subscribing via phone. BY CLICKING THE “I AGREE” BUTTON, YOU HEREBY AGREE TO THE TERMS OF THIS USER AGREEMENT.