Last updated March 7, 2016
Unless specifically expressed otherwise, the Terms apply to accounts for both Clients and Lawyers. A “Lawyer” is a user that is licensed to practice law in the United States, the United Kingdom, Canada, Australia or New Zealand and has created a lawyer account for the purpose of obtaining legal jobs. A “Client” is a user that has created a client account for the purpose of finding a lawyer.
You agree to be bound by these Terms with respect to the Services. These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services and the subject-matter of these Terms. This Agreement may be amended by us from time to time without specific advance notice to you. The latest Terms will be posted on our website, and you should review the Terms prior to using the website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.
The Software and other technology we use to provide the Services are protected under applicable copyrights, trade marks and other proprietary (including but not limited to intellectual property) rights. These Terms do not grant you any rights to use the LawPitch trademarks, logos, domain names or other brand features.
You will use the Services responsibly. You will not, and will not attempt to, misuse the Services by using, or attempting to misuse, the Services to do things which include, but are not limited to, the following:
By creating and using a Client account, you agree to do the following:
Lawyer accounts are only to be created and used by persons (i) licensed to practice law in the state or province which they select as their “Licensed State / Province”; and (ii) in good standing with the licensing body. By creating and using a Lawyer account, you agree to the following:
We reserve the right in our sole discretion to edit or delete any information, files or other content appearing on the website.
You agree to indemnify, defend and hold LawPitch and its partners, lawyers, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable lawyer fees, related to your violation of these Terms.
Your right to use the Services is not transferable. Your account and password are not transferable.
THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LawPitch WILL HAVE NO RESPONSIBILITY FROM ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE OR CAUSED BY VIRUSES OR MALWARE CONTAINED WITHIN AN ELECTRONIC FILE.
LawPitch, BLUE BASIL STUDIOS LTD. AND THE AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LawPitch. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
By using the Services, you and others provide us with information (“Information”). As the Services enable you to share information with other users, the information you share belongs to LawPitch.
You give us the permissions necessary for us to provide the Services. This permission extends to trusted third parties we work with to provide the Services.
You are solely responsible for your conduct, the Information which you submit to the Services, and your communications with others while using the Services.
You acknowledge the LawPitch has no obligation to monitor any Information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of information or any other information you may be able to access using the Services.
The Services provide features that allow you to share Information with others. We ask that you do not share personal information. There are many things that others may do with the Information that you share (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. LawPitch is not responsible for that activity.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify LawPitch of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of Information to LawPitch, it is your responsibility to use a secure encrypted connection to communicate with the Services.
We respect the intellectual property of others, and we ask you to do the same. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
Our copyright agent for notice of claims of copyright infringement can be contacted by email at email@example.com.
This site may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. We do not approve or endorse any website which is linked by us or others. If you decide to leave our site and access these third party websites, you are solely responsible for your use of such websites.
Payment by Clients for a legal job is due at the time a proposal is accepted. Client payments consist of a legal fee paid to the lawyer and a service fee paid to LawPitch. The service fee is equal to 10% of the legal fee, including applicable sales tax.
If a Lawyer’s proposal specifies that disbursements or expenses will be billed separately by the Lawyer, the Client is responsible to pay to the lawyer for the disbursements or expenses incurred.
A Client may cancel a selected proposal through LawPitch within 10 days from the date the proposal is selected. Clients who cancel a proposal within the 10 day period will receive a refund of the legal fee equal to 90% of the total payment, but not of the 10% service fee. The service fee will be applied as a credit towards another proposal which the Client selects for the same legal job.
For each proposal that is selected, you will be entitled to payment of an amount equal to the total proposal price less 10% service fee which is payable by the client to LawPitch. You will not be entitled to the legal fee if the client cancels the proposal within 10 days from the date the proposal is selected. LawPitch may change its service fee on new jobs that are created upon 14 days' notice.
LawPitch’s billing period begins on the first day of each month and ends on the last day of the same month. Payments for each billing period will be issued to lawyers between the 15th and 21st day of the month following each billing period.
If you choose to receive payment in the form of a cheque, please allow 1 week for processing and mailing.
You may stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
LawPitch and the Services are physically located within the Province of Ontario, Canada. These Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the non-exclusive jurisdiction of the Ontario courts. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against us related to the Services, the Information, other content appearing on the website, or these Terms and, where, applicable, you also agree to opt out of any class proceedings against LawPitch or its licensors. We have required that the Terms Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.