Terms and Conditions
Jurbid (collectively, “Jurbid”, “we”, or “us”) connects those in need of legal services with third-party licensed legal professionals or individuals who under the supervision of a licensed attorney are allowed to provide legal services (collectively “Legal Provider”) to you. In addition to connecting you to a Legal Provider, Jurbid is an online platform whereby clients can find legal information and communicate virtually with the Legal Provider in a secure, confidential and efficient manner.
Jurbid is not a law firm or a Legal Provider and you will not form an attorney-client relationship with Jurbid. We can never represent you or offer any legal advice. We do not evaluate any information you share with us concerning your specific legal issues, needs or requirements. You may, however, form an attorney-client relationship with the third-party Legal Provider you select. Your selected Legal Provider is independently and individually responsible for any legal advice or recommendation given to you. While Jurbid vets Legal Providers before they can submit proposals regarding your legal needs, we do not guarantee their work or competence. As a result, we cannot be held liable for it. Each Legal Provider must, however, zealously represent you and is subject to professional conduct rules in the state(s) the Legal Provider is authorized to practice in. Jurbid is solely a marketing and technology platform that aims to provide you access to Legal Providers.
As a marketing and technology company, Jurbid charges Legal Providers a fee for our services before they can submit a proposal to you and a technology fee for using our services. We do not split legal fees with the Legal Provider and have policies to ensure that any funds paid for the legal services rendered, or which are going to be rendered, are transferred to the Legal Provider. We merely collect payment on behalf of the Legal Provider.
We are not a referral service and do not recommend or endorse any Legal Provider on our site. Choosing a Legal Provider rests solely with you. You are responsible for carefully reviewing each proposal and Legal Provider before hiring any Legal Provider. Our Legal Providers have varying degrees of experience and expertise and the scope of representation may differ between Legal Providers. Before selecting a Legal Provider, you are responsible for familiarizing yourself with the Legal Provider’s profile; including but not limited to: the number of years the Legal Provider has been practicing, areas of expertise, educational background, the specifics of the proposal and any prior reviews. Jurbid recognizes that price is an important factor in selecting a Legal Provider, but it should not be the sole factor in choosing your Legal Provider.
We appreciate and recognize the importance of providing you with useful information about your legal issue or needs. In order to provide legal advice, a Legal Provider must evaluate your specific circumstances. Therefore, you cannot rely on the content to make decisions on your legal issue or need but instead should consult a Legal Provider. Any legal content on our site including responses from Legal Providers on the forums are for informational purposes only and is not legal advice. Fortunately, with Jurbid you have a convenient, transparent and cost-effective way to consult a legal provider.
For the full binding Terms of Conditions, please see below.
Jurbid Terms of Use
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, SERVICE OR CONTENT.
Last updated: April 13, 2016
KEY DEFINITIONS
The “Agreement” means all of the terms, conditions and notices contained or referenced in this document (the “Terms of Use”) and all other Jurbid rules, policies (including but not limited to our privacy policy (the "Privacy Policy") and procedures that may be published from time to time on the Website by Jurbid.
“Content” means any content featured or displayed throughout the Website or provided to you by Jurbid in connection with your use of the Service, including but not limited to text, documents, information, data, articles, blog posts, guidance, diagnostic tools, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and other materials that are available on the Website or provided to you by Jurbid in connection with your use of the Service.
“Jurbid,” “we,” “us” and “our” mean Jurbid, PBC as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents and employees. Legal Providers are not employees, agents or affiliates of Jurbid.
“Legal Provider” means licensed legal professionals who are in good standing in a bar of a state or individuals who under the supervision of a such licensed legal professional perform some or full legal services including, but not limited to, paralegals, law clerks, law students, attorney licensed in another state to Users. Legal providers may represent and communicate with Users through our Service and have agreed to be bound by this Agreement and our terms of participation (the "Legal Provider Agreement"). Legal Providers are not employees or agents of Jurbid.
The “Service” means all of the services provided by Jurbid, including but not limited to all Content, services and products available through the Website. Jurbid is not a law firm, does not provide a lawyer referral service, or legal advice.
The “User,” “You” and “Your” refer to the person, company or organization that has visited or is using our Website and/or our Service. Users may initiate a project submitting a request for proposal (“Request for Proposals”) to solicit Legal Providers for legal services (“Legal Services”). Legal Providers may, but are not required to, submit responses (“Proposals”) to Request for Proposals.
“User-Generated Content” means Content that has been submitted by a User or that has been created in connection with the User’s use of the Service or the Website.
The “Website” means Jurbid’s website located at www.jurbid.com, all subpages and subdomains and all content, services and products available through the Website.
ABOUT OUR SERVICE
Jurbid provides a platform to facilitate communication and collaboration between Legal Providers and Users seeking legal services.
Jurbid is not a law firm. Jurbid is not offering legal representation and does not offer any legal advice, legal opinions, recommendations, referrals or counseling. Legal Providers are not employees or agents of Jurbid. Jurbid is not (i) a party to any engagement agreements entered into between Users and Legal Providers, or (ii) involved in the provision of legal services to, or legal representation of, Users in connection with a Project or otherwise. At no point may Jurbid be held liable for the actions or omissions of any Legal Provider performing Legal Services for you. Fees for Legal Services are not shared between Legal Providers and Jurbid.
Jurbid does not provide legal advice. Jurbid does not offer legal advice or services. Any use of the Website and/or Service is not intended to and does not create an attorney-client relationship. Jurbid is not liable for the actions or omissions of any Legal Provider performing Legal Services for you. You acknowledge that although some of the Content provided to you on the Website may be provided by individuals in the legal profession, the provision of such Content does not create an attorney-client relationship and does not constitute an opinion or legal advice but is provided as general information about legal requirements and procedures and to assist you in engaging appropriate legal assistance from a qualified legal practitioner. Jurbid does not make any direct assessment of your legal issues, needs or requirements.
No attorney-client relationship. No attorney-client relationship is created by using the Website or Service or by using the Content provided by or through the use of the Website, including, but not limited to, links to other websites or any assistance we may provide to help you find an appropriate legal professional. Any communication directly with Jurbid, including any documents shared with, or uploaded using tools or services provided by, Jurbid may not be held confidential or be covered under attorney-client privilege. We make no guarantees, representations or warranties, whether express or implied, with respect to professional qualifications, expertise, quality of work or other information related to any Legal Provider. Further we do not in any way endorse any individual described on our Website or through our Service. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
Jurbid is not a lawyer referral service. Jurbid is not a lawyer referral service, does not provide such services, and is not registered in any state as such. Users and Legal Providers acknowledge that Jurbid does not select or endorse any individual Legal Provider to service a User. Jurbid takes every reasonable effort to verify that our Legal Providers are licensed attorneys or are duly authorized by law to practice in their respective jurisdiction and are in good standing or are authorized to practice under the supervision of a licensed attorney in good standing. We do not make any warranty, guarantee or representation as to the legal ability, competence, quality or qualification of any Legal Provider.
Jurbid does not warrant or guarantee that Legal Providers are covered by professional liability insurance and Jurbid makes no warranty or guarantee with respect to the sufficiency of such professional liability insurance. Although this Agreement requires Legal Providers to provide accurate information, we do not attempt to confirm, and do not confirm, any Legal Provider’s purported identity. Users agree to independently research any Legal Provider and independently evaluate the Legal Provider’s qualifications before deciding to accept professional advice from a Legal Provider.
Jurbid does not endorse any Legal Provider’s work-product. By using our Website and/or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Legal Providers will be limited to a claim against the particular Legal Providers or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from, Jurbid with respect to such actions or omissions.
We do not recommend or endorse any specific lawyers or legal advice. Providing a service where potential clients and legal professionals can meet does not imply an endorsement of any Legal Provider or service provider. Jurbid does not sanction or attest to the validity of statements a Legal Provider may post on the Website.
Jurbid does not guarantee results. From time to time, Users may submit reviews of Legal Providers. These reviews do not constitute a guarantee, warranty or prediction regarding the outcome of any future legal matter. Jurbid will have no responsibility or liability of any kind for any User-Generated Content you encounter on or through the Website, and any use or reliance on User-Generated Content is undertaken solely at your own risk.
Prices on the Website and/or Service are estimates only. Some of the Content on our Website and/or Service may include pricing for certain limited-scope Legal Services based on typical fact patterns associated with such Legal Services. Any and all posted prices are estimates only and pricing is not guaranteed until a separate engagement agreement has been executed between you and the Legal Provider and only after the Legal Provider has agreed to the formation of an attorney-client relationship.
AUTHORIZATION AND ACKNOWLEDGEMENT
In connection with using the Website and Service to locate legal professionals, you understand that:
1. Jurbid selects lawyers to be Legal Providers based on a pre-existing application process;
2. Jurbid will provide you with a list of Legal Providers who claim to be suitable to deliver the legal services that you are seeking based solely on the information that you provide to Jurbid (such as your industry, geographical location and the nature of your legal issue); you are ultimately responsible for choosing your own lawyers or Legal-Service Provider(s);
3. your selection of a Legal Provider is not a guarantee that you will be able to work with such Legal Provider and no attorney-client relationship is formed with a Legal Provider until both you and such Legal Provider have signed an engagement letter; and
4. Jurbid may provide pricing estimates only for certain Legal Services and such pricing is not guaranteed until a separate engagement agreement has been executed between you and a Legal Provider.
USER RESPONSIBILITIES
Relationship with Legal Providers. Because we cannot guarantee the fitness of any of our Legal Providers for your specific needs, we encourage Users to research any Legal Provider before accepting professional advice. Users may also request a written engagement agreement specifying the terms, scope, limitations and conditions of the representation by the Legal Provider.
No reliance on Content. Content on the Website is provided for informational purposes only with no assurance that the Content is true, correct or accurate. The Content provided on the Website is not intended as a substitute for, nor does it replace, professional legal advice. You are encouraged to independently confirm the Content contained on the Website with other sources and to seek the advice of a qualified lawyer.
Do not disregard, avoid or delay obtaining legal advice from Legal Provider because of something you may have read on the Website. Your use of Content provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through the Service is intended to be, and must not be taken to be, the practice of law or the provision of legal advice.
Compliance with laws. You represent and warrant that: (i) you have the authority to, and are of the legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules and regulations, and with all other Jurbid policies currently or in the future.
USER CONDUCT
You may use the Website and/or Service for lawful, non-commercial purposes only. You may not use the Website in any manner that could damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining or any other means. In addition to our rights pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.
Prohibited content. You agree that you will not under any circumstances transmit any Content that:
1. is unlawful or promotes unlawful activities;
2. defames, harasses, abuses, threatens or incites violence toward any individual or group;
3. is pornographic, discriminatory or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
4. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
5. contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
6. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
7. impersonates any person or entity, including any of our employees or representatives; or
8. violates the privacy of any third party.
Users must be over age 18.You represent that you are over the age of 18. Jurbid does not target our Content to those under 18, and we do not permit any Users under 18 on our Service.
No liability for User interactions; Jurbid may monitor interactions. Any liability, loss or damage that occurs as a result of any User and/or Legal Provider interactions, including but not limited to any Legal Services that you engage in through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Right to terminate accounts. We reserve the right but not the obligation to, in our sole discretion, determine whether any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
USER-GENERATED CONTENT
You own any User-Generated Content that you create and submit or upload to the Website, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove any and all Content, including User-Generated Content, in our sole discretion.
You may create content, written or otherwise, while using the Service. You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
Jurbid has the right but not the obligation to, in our sole discretion, determine whether any User-Generated Content is appropriate and complies with these Terms of Use, or refuse or remove any User-Generated Content that, in our sole discretion, violates any Jurbid policy or is in any way harmful, inappropriate or objectionable.
You grant Jurbid the following rights to your User-Generated Content. By posting any User-Generated Content on the Website or providing any User-Generated Content through the Service, you expressly grant Jurbid and our successors a worldwide, sub-licensable, fully-paid and royalty-free and non-exclusive license to use, reproduce, display, modify, adapt, distribute and perform the User-Generated Content in connection with Jurbid’s business purpose.
LEGAL PROVIDERS
Legal Providers are legal professionals who may perform Legal Services for Users. They operate independently from Jurbid and do not share fees with Jurbid. Legal Providers are also subject to our Legal Provider Agreement (available at www.jurbid.com/legal-provider-agreement).
Legal Providers must comply with any and all rules or laws governing the practice of law in their jurisdiction(s). Legal Providers understand and agree that conflicts of interest may arise in connection with the representation of a User or the performance of a particular Project, in which case they must disqualify themselves pursuant to the rules of professional conduct in their jurisdiction. Legal Providers agree that they shall provide accurate information as to their identity, shall not provide legal advice on the Website but rather general information and shall adhere to all policies and terms of conditions as posted on the Website.
Through use of the Website and/or Service, each Legal Provider hereby represents and warrants that:
1. such Legal Provider is lawfully licensed, in good standing and eligible to practice law in all jurisdictions indicated by such Legal Provider in its application to the Jurbid lawyer network and in the profile it creates and maintains on the Website (a "Legal Provider Profile");
2. such Legal Provider is in good standing in the legally recognized jurisdiction(s) in which he/she is lawfully licensed; and
3. Legal Provider maintains professional liability insurance.
At any time that a Legal Provider is no longer (i) licensed or authorized to practice law, (ii) in good standing in the legally recognized jurisdiction(s) in which he/she is lawfully licensed, or (iii) maintaining professional liability insurance, such Legal Provider must immediately cease usage of the Website and the Service and must immediately notify Jurbid.
Use of the Website does not form an attorney-client relationship between Users and Legal Providers. Information posted or made available on or through the Website and/or Service, including but not limited to any responses to Project Proposals or Proposals, information posted publicly through the Website or information sent in a message to a User is not intended as legal advice, is not confidential and does not create an attorney-client relationship. It is considered User-Generated Content.
An attorney-client relationship between a Legal Provider and a User may be formed through the use of the Service. Users may submit Project Proposals through the Service. Legal Providers may submit Proposals and negotiate the details of these Legal Services prior to acceptance. Upon acceptance, the scope of a Legal Provider’s representation is strictly limited to the matter agreed upon in the Project Proposal, and the Legal Provider and User may sign an engagement letter detailing the scope of this representation. Jurbid makes every reasonable effort to ensure the privacy of Project Proposals and Proposals on our Service, but we cannot guarantee confidentiality.
Legal Providers are solely responsible for ensuring that any information, solicitations or advertisements they post or place on the Website, including without limitation User-Generated Content, Legal Provider Profiles, and any communications they may have with prospective clients through the Website or Service, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising or other matters.
PAYMENT OF LEGAL PROVIDERS
Jurbid is not a party to User and Legal contracts. Users may contract with Legal Providers through the solicitation and acceptance of Legal Services. Such contracts are solely between the User and the Legal Provider. Jurbid will not be a party to any contracts for Legal Services submitted through our Service. Jurbid facilitates these contracts by supplying a platform for relationship management and payment tools.
All legal fees are paid to Legal Providers. No legal fees for Legal Services are split or shared between Legal Providers and Jurbid. Jurbid charges a marketing and technology fee (“Jurbid Fee”) for each Project Proposal and Legal Service facilitated by Jurbid in exchange for the services we provide to our Users. This fee, if any, is separate and distinct from all legal fees, and is displayed to all Legal Providers as a separate amount.
Legal Providers must receive payment through the Service. Legal Providers who provide Legal Services through the Service must receive payment through the Service for all such Legal Services. Jurbid will terminate a Legal Provider’s access to and use of the Website if such Legal Provider is found to be accepting payment outside the Service for work accepted through the Service. Legal Providers will also be responsible for reimbursing Jurbid for the Jurbid Fee that would otherwise have been due to Jurbid for Legal Services learned of or accepted through the Service and for which such Legal Provider accepted payment outside of the Service.
Use of coupons is at the discretion of Jurbid. From time to time, Jurbid may offer Users discounts on Legal Services initiated through the Service. These coupons are for one-time use only and may be rescinded or revoked at any time in our sole discretion.
THIRD-PARTY CONTENT
By using the Service, you will be able to access Content belonging to or originating from third parties (“Third-Party Content”). Your use of the Service is consent for Jurbid to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third-Party Content.
As part of the Service, Jurbid may provide you with links to third-party websites as well as other forms of Third-Party Content. These links are provided as a courtesy to Users and Legal Providers. We have no control over third-party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse such content, nor are we responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than Jurbid. We are not responsible for any Third-Party Content accessed through our Website. If you decide to leave the Website and access Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter or otherwise use any Third-Party Content except as permitted by Jurbid’s terms and conditions.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
Jurbid respects others’ intellectual property rights and asks our Users and Legal Providers to do the same. We may terminate a User’s or Legal Provider’s access to the Website at our sole discretion if we determine that the User or Legal Provider is a repeat infringer of others’ copyrights or other intellectual property (including Jurbid’s rights).
If you believe that any Content violates your copyright, please follow the process indicated in section 512(c) of the Digital Millennium Copyright Act. Please provide us with a written takedown notice that includes the following information:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at our Website are covered by a single notification, a representative list of such works on our Website;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient for us to contact you, such as email, address and telephone number;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If Jurbid takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Jurbid. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.
If you believe that your User-Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send Jurbid a properly formatted counter-notice to Jurbid.
If a counter-notice is received by Jurbid, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
All notices described above should be sent to support@jurbid.com , or via mail to: Support, c/o Jurbid, PBC., 244 5th Avenue Suite G206, New York, New York, 10001.
INTELLECTUAL PROPERTY
Jurbid retains ownership of all our intellectual property, including our copyrights, patents and trademarks.
Jurbid retains ownership of all intellectual property rights of any kind related to the Website and the Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Jurbid or third-party intellectual property, and all right, title and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.
Jurbid, www.jurbid.com and all other trademarks that appear, are displayed or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Jurbid, PBC. These trademarks may not be copied, downloaded, reproduced, used, modified or distributed in any way without prior written permission from Jurbid, except as an integral part of any authorized copy of the Content.
EMAIL COMMUNICATIONS
We use email and electronic means to communicate with our Users and Legal Providers.
For contractual purposes, you (i) consent to receive communications from Jurbid in an electronic form via the email address you have submitted or via the Service; and (ii) agree that all Terms of Use, agreements, notices, disclosures and other communications that Jurbid provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing.
TERMINATION
You may terminate your use of the Service at any time. Termination of your use of the Service does not terminate any attorney-client relationships you may have formed with Legal Providers. If you wish to terminate this Agreement, you may simply discontinue using the Website and the Service.
Jurbid may terminate your access to all or any part of the Website at any time, with our without cause, with or without notice, effective immediately.
Termination of your relationship with Jurbid does not affect your relationship with any Legal Provider you have retained through our Service. All legal, contractual and ethical duties, obligations and responsibilities survive termination of the Jurbid relationship.
All provisions of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
PAYMENT AND TRANSACTIONS
Payments. Payment will be processed as specified in the Project and agreed upon by the User and the Legal Provider and will be processed upon acceptance of a Project or as otherwise agreed upon by the Legal Provider and the User. User is responsible for providing a valid means of payment.
AUTHORIZATION
By agreeing to these terms, you are giving Jurbid permission to charge your on-file credit card or other approved methods of payment for fees that you authorize. Depending on your Project, Jurbid may charge you on a one-time or recurring basis.
RESPONSIBILITY FOR PAYMENT
You are responsible for all fees, including taxes, associated with your use of the Service.
DISCLAIMER OF WARRANTIES
Jurbid provides the Website, the Content and the Service “As Is,” without warranty of any kind. We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, Jurbid expressly disclaims all warranties, whether express, implied or statutory, with respect to the Website and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy and non-infringement. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
Jurbid makes no representation or warranty that the information we provide or that is provided through the Service is effective, accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location; that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Service.
LIMITATION OF LIABILITY
As permitted by law, Jurbid shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this Website or Service, or for any interruption or disruption of such access or any erroneous communication between Jurbid and you, regardless of whether the connection or communication service is provided by Jurbid or a third party service provider including but not limited to Legal Providers.
Jurbid shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Web site or for any other aspect of the performance of this Website or Service or for any failure or delay in the execution of any transactions through this Service.
In no event will Jurbid be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Service, even if Jurbid has been advised of the possibility of such damages. Jurbid will have no responsibility to inform you of any difficulties experienced by Jurbid or third parties with respect to the use of the Website or Services or to take any action in connection therewith.
RELEASE AND INDEMNIFICATION
As a condition of your use of the Website or Services, you agree to indemnify and hold Jurbid and its agents harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Website or Services, or from your violation of these Terms.
MODIFICATION OF TERMS OF USE
Jurbid reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.
Upon any changes in these Terms of Use, we will post the amended agreement on the Website, which shall constitute notification to you of such changes. Your continued use of the Website and/or the Service following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modifications or changes made and your agreement to abide and be bound by the Terms of Use, as amended.
GOVERNING LAW
Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the state of New York, without regard to principles of conflicts of law, and shall inure to the benefit of Jurbid's successors and assignors, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with Jurbid in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within the city and county of New York, NY and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent Jurbid from bringing any action in the courts of any other jurisdiction.
ARBITRATION
If a dispute arises from or relates to these Terms of Use or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction thereof.
LIMITATION OF TERM OF ACTION
All disputes or claims (to the extent permitted by law) must be filed within one year from when the claim or notice of dispute could be filed in an arbitration proceeding or court if arbitration is not permitted. If you do not file a claim or dispute during this time, it is permanently barred.
SEVERABILITY
If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
NO ASSIGNMENT
Jurbid may assign or delegate these Terms of Use and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Jurbid’s prior written consent, and any unauthorized assignment and delegation by you is void.
HEADINGS AND SUMMARIES
The headings, captions and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
ENTIRE AGREEMENT
This Agreement and policies and guidelines of the Website and the Service (including but not limited to the Privacy Policy and, in the case of Legal Providers, the Legal Provider Agreement), are incorporated by reference herein, constitute the entire agreement between you and Jurbid and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of this Agreement.
You acknowledge that you have read and understand these Terms of Use and will be bound by these Terms of Use.
Last Revised: April 13, 2016
Jurbid is not a law firm or a Legal Provider and you will not form an attorney-client relationship with Jurbid. We can never represent you or offer any legal advice. We do not evaluate any information you share with us concerning your specific legal issues, needs or requirements. You may, however, form an attorney-client relationship with the third-party Legal Provider you select. Your selected Legal Provider is independently and individually responsible for any legal advice or recommendation given to you. While Jurbid vets Legal Providers before they can submit proposals regarding your legal needs, we do not guarantee their work or competence. As a result, we cannot be held liable for it. Each Legal Provider must, however, zealously represent you and is subject to professional conduct rules in the state(s) the Legal Provider is authorized to practice in. Jurbid is solely a marketing and technology platform that aims to provide you access to Legal Providers.
As a marketing and technology company, Jurbid charges Legal Providers a fee for our services before they can submit a proposal to you and a technology fee for using our services. We do not split legal fees with the Legal Provider and have policies to ensure that any funds paid for the legal services rendered, or which are going to be rendered, are transferred to the Legal Provider. We merely collect payment on behalf of the Legal Provider.
We are not a referral service and do not recommend or endorse any Legal Provider on our site. Choosing a Legal Provider rests solely with you. You are responsible for carefully reviewing each proposal and Legal Provider before hiring any Legal Provider. Our Legal Providers have varying degrees of experience and expertise and the scope of representation may differ between Legal Providers. Before selecting a Legal Provider, you are responsible for familiarizing yourself with the Legal Provider’s profile; including but not limited to: the number of years the Legal Provider has been practicing, areas of expertise, educational background, the specifics of the proposal and any prior reviews. Jurbid recognizes that price is an important factor in selecting a Legal Provider, but it should not be the sole factor in choosing your Legal Provider.
We appreciate and recognize the importance of providing you with useful information about your legal issue or needs. In order to provide legal advice, a Legal Provider must evaluate your specific circumstances. Therefore, you cannot rely on the content to make decisions on your legal issue or need but instead should consult a Legal Provider. Any legal content on our site including responses from Legal Providers on the forums are for informational purposes only and is not legal advice. Fortunately, with Jurbid you have a convenient, transparent and cost-effective way to consult a legal provider.
For the full binding Terms of Conditions, please see below.
Jurbid Terms of Use
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, SERVICE OR CONTENT.
Last updated: April 13, 2016
KEY DEFINITIONS
The “Agreement” means all of the terms, conditions and notices contained or referenced in this document (the “Terms of Use”) and all other Jurbid rules, policies (including but not limited to our privacy policy (the "Privacy Policy") and procedures that may be published from time to time on the Website by Jurbid.
“Content” means any content featured or displayed throughout the Website or provided to you by Jurbid in connection with your use of the Service, including but not limited to text, documents, information, data, articles, blog posts, guidance, diagnostic tools, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and other materials that are available on the Website or provided to you by Jurbid in connection with your use of the Service.
“Jurbid,” “we,” “us” and “our” mean Jurbid, PBC as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents and employees. Legal Providers are not employees, agents or affiliates of Jurbid.
“Legal Provider” means licensed legal professionals who are in good standing in a bar of a state or individuals who under the supervision of a such licensed legal professional perform some or full legal services including, but not limited to, paralegals, law clerks, law students, attorney licensed in another state to Users. Legal providers may represent and communicate with Users through our Service and have agreed to be bound by this Agreement and our terms of participation (the "Legal Provider Agreement"). Legal Providers are not employees or agents of Jurbid.
The “Service” means all of the services provided by Jurbid, including but not limited to all Content, services and products available through the Website. Jurbid is not a law firm, does not provide a lawyer referral service, or legal advice.
The “User,” “You” and “Your” refer to the person, company or organization that has visited or is using our Website and/or our Service. Users may initiate a project submitting a request for proposal (“Request for Proposals”) to solicit Legal Providers for legal services (“Legal Services”). Legal Providers may, but are not required to, submit responses (“Proposals”) to Request for Proposals.
“User-Generated Content” means Content that has been submitted by a User or that has been created in connection with the User’s use of the Service or the Website.
The “Website” means Jurbid’s website located at www.jurbid.com, all subpages and subdomains and all content, services and products available through the Website.
ABOUT OUR SERVICE
Jurbid provides a platform to facilitate communication and collaboration between Legal Providers and Users seeking legal services.
Jurbid is not a law firm. Jurbid is not offering legal representation and does not offer any legal advice, legal opinions, recommendations, referrals or counseling. Legal Providers are not employees or agents of Jurbid. Jurbid is not (i) a party to any engagement agreements entered into between Users and Legal Providers, or (ii) involved in the provision of legal services to, or legal representation of, Users in connection with a Project or otherwise. At no point may Jurbid be held liable for the actions or omissions of any Legal Provider performing Legal Services for you. Fees for Legal Services are not shared between Legal Providers and Jurbid.
Jurbid does not provide legal advice. Jurbid does not offer legal advice or services. Any use of the Website and/or Service is not intended to and does not create an attorney-client relationship. Jurbid is not liable for the actions or omissions of any Legal Provider performing Legal Services for you. You acknowledge that although some of the Content provided to you on the Website may be provided by individuals in the legal profession, the provision of such Content does not create an attorney-client relationship and does not constitute an opinion or legal advice but is provided as general information about legal requirements and procedures and to assist you in engaging appropriate legal assistance from a qualified legal practitioner. Jurbid does not make any direct assessment of your legal issues, needs or requirements.
No attorney-client relationship. No attorney-client relationship is created by using the Website or Service or by using the Content provided by or through the use of the Website, including, but not limited to, links to other websites or any assistance we may provide to help you find an appropriate legal professional. Any communication directly with Jurbid, including any documents shared with, or uploaded using tools or services provided by, Jurbid may not be held confidential or be covered under attorney-client privilege. We make no guarantees, representations or warranties, whether express or implied, with respect to professional qualifications, expertise, quality of work or other information related to any Legal Provider. Further we do not in any way endorse any individual described on our Website or through our Service. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
Jurbid is not a lawyer referral service. Jurbid is not a lawyer referral service, does not provide such services, and is not registered in any state as such. Users and Legal Providers acknowledge that Jurbid does not select or endorse any individual Legal Provider to service a User. Jurbid takes every reasonable effort to verify that our Legal Providers are licensed attorneys or are duly authorized by law to practice in their respective jurisdiction and are in good standing or are authorized to practice under the supervision of a licensed attorney in good standing. We do not make any warranty, guarantee or representation as to the legal ability, competence, quality or qualification of any Legal Provider.
Jurbid does not warrant or guarantee that Legal Providers are covered by professional liability insurance and Jurbid makes no warranty or guarantee with respect to the sufficiency of such professional liability insurance. Although this Agreement requires Legal Providers to provide accurate information, we do not attempt to confirm, and do not confirm, any Legal Provider’s purported identity. Users agree to independently research any Legal Provider and independently evaluate the Legal Provider’s qualifications before deciding to accept professional advice from a Legal Provider.
Jurbid does not endorse any Legal Provider’s work-product. By using our Website and/or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Legal Providers will be limited to a claim against the particular Legal Providers or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from, Jurbid with respect to such actions or omissions.
We do not recommend or endorse any specific lawyers or legal advice. Providing a service where potential clients and legal professionals can meet does not imply an endorsement of any Legal Provider or service provider. Jurbid does not sanction or attest to the validity of statements a Legal Provider may post on the Website.
Jurbid does not guarantee results. From time to time, Users may submit reviews of Legal Providers. These reviews do not constitute a guarantee, warranty or prediction regarding the outcome of any future legal matter. Jurbid will have no responsibility or liability of any kind for any User-Generated Content you encounter on or through the Website, and any use or reliance on User-Generated Content is undertaken solely at your own risk.
Prices on the Website and/or Service are estimates only. Some of the Content on our Website and/or Service may include pricing for certain limited-scope Legal Services based on typical fact patterns associated with such Legal Services. Any and all posted prices are estimates only and pricing is not guaranteed until a separate engagement agreement has been executed between you and the Legal Provider and only after the Legal Provider has agreed to the formation of an attorney-client relationship.
AUTHORIZATION AND ACKNOWLEDGEMENT
In connection with using the Website and Service to locate legal professionals, you understand that:
1. Jurbid selects lawyers to be Legal Providers based on a pre-existing application process;
2. Jurbid will provide you with a list of Legal Providers who claim to be suitable to deliver the legal services that you are seeking based solely on the information that you provide to Jurbid (such as your industry, geographical location and the nature of your legal issue); you are ultimately responsible for choosing your own lawyers or Legal-Service Provider(s);
3. your selection of a Legal Provider is not a guarantee that you will be able to work with such Legal Provider and no attorney-client relationship is formed with a Legal Provider until both you and such Legal Provider have signed an engagement letter; and
4. Jurbid may provide pricing estimates only for certain Legal Services and such pricing is not guaranteed until a separate engagement agreement has been executed between you and a Legal Provider.
USER RESPONSIBILITIES
Relationship with Legal Providers. Because we cannot guarantee the fitness of any of our Legal Providers for your specific needs, we encourage Users to research any Legal Provider before accepting professional advice. Users may also request a written engagement agreement specifying the terms, scope, limitations and conditions of the representation by the Legal Provider.
No reliance on Content. Content on the Website is provided for informational purposes only with no assurance that the Content is true, correct or accurate. The Content provided on the Website is not intended as a substitute for, nor does it replace, professional legal advice. You are encouraged to independently confirm the Content contained on the Website with other sources and to seek the advice of a qualified lawyer.
Do not disregard, avoid or delay obtaining legal advice from Legal Provider because of something you may have read on the Website. Your use of Content provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through the Service is intended to be, and must not be taken to be, the practice of law or the provision of legal advice.
Compliance with laws. You represent and warrant that: (i) you have the authority to, and are of the legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules and regulations, and with all other Jurbid policies currently or in the future.
USER CONDUCT
You may use the Website and/or Service for lawful, non-commercial purposes only. You may not use the Website in any manner that could damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining or any other means. In addition to our rights pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.
Prohibited content. You agree that you will not under any circumstances transmit any Content that:
1. is unlawful or promotes unlawful activities;
2. defames, harasses, abuses, threatens or incites violence toward any individual or group;
3. is pornographic, discriminatory or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
4. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
5. contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
6. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
7. impersonates any person or entity, including any of our employees or representatives; or
8. violates the privacy of any third party.
Users must be over age 18.You represent that you are over the age of 18. Jurbid does not target our Content to those under 18, and we do not permit any Users under 18 on our Service.
No liability for User interactions; Jurbid may monitor interactions. Any liability, loss or damage that occurs as a result of any User and/or Legal Provider interactions, including but not limited to any Legal Services that you engage in through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Right to terminate accounts. We reserve the right but not the obligation to, in our sole discretion, determine whether any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
USER-GENERATED CONTENT
You own any User-Generated Content that you create and submit or upload to the Website, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove any and all Content, including User-Generated Content, in our sole discretion.
You may create content, written or otherwise, while using the Service. You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
Jurbid has the right but not the obligation to, in our sole discretion, determine whether any User-Generated Content is appropriate and complies with these Terms of Use, or refuse or remove any User-Generated Content that, in our sole discretion, violates any Jurbid policy or is in any way harmful, inappropriate or objectionable.
You grant Jurbid the following rights to your User-Generated Content. By posting any User-Generated Content on the Website or providing any User-Generated Content through the Service, you expressly grant Jurbid and our successors a worldwide, sub-licensable, fully-paid and royalty-free and non-exclusive license to use, reproduce, display, modify, adapt, distribute and perform the User-Generated Content in connection with Jurbid’s business purpose.
LEGAL PROVIDERS
Legal Providers are legal professionals who may perform Legal Services for Users. They operate independently from Jurbid and do not share fees with Jurbid. Legal Providers are also subject to our Legal Provider Agreement (available at www.jurbid.com/legal-provider-agreement).
Legal Providers must comply with any and all rules or laws governing the practice of law in their jurisdiction(s). Legal Providers understand and agree that conflicts of interest may arise in connection with the representation of a User or the performance of a particular Project, in which case they must disqualify themselves pursuant to the rules of professional conduct in their jurisdiction. Legal Providers agree that they shall provide accurate information as to their identity, shall not provide legal advice on the Website but rather general information and shall adhere to all policies and terms of conditions as posted on the Website.
Through use of the Website and/or Service, each Legal Provider hereby represents and warrants that:
1. such Legal Provider is lawfully licensed, in good standing and eligible to practice law in all jurisdictions indicated by such Legal Provider in its application to the Jurbid lawyer network and in the profile it creates and maintains on the Website (a "Legal Provider Profile");
2. such Legal Provider is in good standing in the legally recognized jurisdiction(s) in which he/she is lawfully licensed; and
3. Legal Provider maintains professional liability insurance.
At any time that a Legal Provider is no longer (i) licensed or authorized to practice law, (ii) in good standing in the legally recognized jurisdiction(s) in which he/she is lawfully licensed, or (iii) maintaining professional liability insurance, such Legal Provider must immediately cease usage of the Website and the Service and must immediately notify Jurbid.
Use of the Website does not form an attorney-client relationship between Users and Legal Providers. Information posted or made available on or through the Website and/or Service, including but not limited to any responses to Project Proposals or Proposals, information posted publicly through the Website or information sent in a message to a User is not intended as legal advice, is not confidential and does not create an attorney-client relationship. It is considered User-Generated Content.
An attorney-client relationship between a Legal Provider and a User may be formed through the use of the Service. Users may submit Project Proposals through the Service. Legal Providers may submit Proposals and negotiate the details of these Legal Services prior to acceptance. Upon acceptance, the scope of a Legal Provider’s representation is strictly limited to the matter agreed upon in the Project Proposal, and the Legal Provider and User may sign an engagement letter detailing the scope of this representation. Jurbid makes every reasonable effort to ensure the privacy of Project Proposals and Proposals on our Service, but we cannot guarantee confidentiality.
Legal Providers are solely responsible for ensuring that any information, solicitations or advertisements they post or place on the Website, including without limitation User-Generated Content, Legal Provider Profiles, and any communications they may have with prospective clients through the Website or Service, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising or other matters.
PAYMENT OF LEGAL PROVIDERS
Jurbid is not a party to User and Legal contracts. Users may contract with Legal Providers through the solicitation and acceptance of Legal Services. Such contracts are solely between the User and the Legal Provider. Jurbid will not be a party to any contracts for Legal Services submitted through our Service. Jurbid facilitates these contracts by supplying a platform for relationship management and payment tools.
All legal fees are paid to Legal Providers. No legal fees for Legal Services are split or shared between Legal Providers and Jurbid. Jurbid charges a marketing and technology fee (“Jurbid Fee”) for each Project Proposal and Legal Service facilitated by Jurbid in exchange for the services we provide to our Users. This fee, if any, is separate and distinct from all legal fees, and is displayed to all Legal Providers as a separate amount.
Legal Providers must receive payment through the Service. Legal Providers who provide Legal Services through the Service must receive payment through the Service for all such Legal Services. Jurbid will terminate a Legal Provider’s access to and use of the Website if such Legal Provider is found to be accepting payment outside the Service for work accepted through the Service. Legal Providers will also be responsible for reimbursing Jurbid for the Jurbid Fee that would otherwise have been due to Jurbid for Legal Services learned of or accepted through the Service and for which such Legal Provider accepted payment outside of the Service.
Use of coupons is at the discretion of Jurbid. From time to time, Jurbid may offer Users discounts on Legal Services initiated through the Service. These coupons are for one-time use only and may be rescinded or revoked at any time in our sole discretion.
THIRD-PARTY CONTENT
By using the Service, you will be able to access Content belonging to or originating from third parties (“Third-Party Content”). Your use of the Service is consent for Jurbid to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third-Party Content.
As part of the Service, Jurbid may provide you with links to third-party websites as well as other forms of Third-Party Content. These links are provided as a courtesy to Users and Legal Providers. We have no control over third-party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse such content, nor are we responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than Jurbid. We are not responsible for any Third-Party Content accessed through our Website. If you decide to leave the Website and access Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter or otherwise use any Third-Party Content except as permitted by Jurbid’s terms and conditions.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
Jurbid respects others’ intellectual property rights and asks our Users and Legal Providers to do the same. We may terminate a User’s or Legal Provider’s access to the Website at our sole discretion if we determine that the User or Legal Provider is a repeat infringer of others’ copyrights or other intellectual property (including Jurbid’s rights).
If you believe that any Content violates your copyright, please follow the process indicated in section 512(c) of the Digital Millennium Copyright Act. Please provide us with a written takedown notice that includes the following information:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at our Website are covered by a single notification, a representative list of such works on our Website;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient for us to contact you, such as email, address and telephone number;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If Jurbid takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Jurbid. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.
If you believe that your User-Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send Jurbid a properly formatted counter-notice to Jurbid.
If a counter-notice is received by Jurbid, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
All notices described above should be sent to support@jurbid.com , or via mail to: Support, c/o Jurbid, PBC., 244 5th Avenue Suite G206, New York, New York, 10001.
INTELLECTUAL PROPERTY
Jurbid retains ownership of all our intellectual property, including our copyrights, patents and trademarks.
Jurbid retains ownership of all intellectual property rights of any kind related to the Website and the Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Jurbid or third-party intellectual property, and all right, title and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.
Jurbid, www.jurbid.com and all other trademarks that appear, are displayed or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Jurbid, PBC. These trademarks may not be copied, downloaded, reproduced, used, modified or distributed in any way without prior written permission from Jurbid, except as an integral part of any authorized copy of the Content.
EMAIL COMMUNICATIONS
We use email and electronic means to communicate with our Users and Legal Providers.
For contractual purposes, you (i) consent to receive communications from Jurbid in an electronic form via the email address you have submitted or via the Service; and (ii) agree that all Terms of Use, agreements, notices, disclosures and other communications that Jurbid provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing.
TERMINATION
You may terminate your use of the Service at any time. Termination of your use of the Service does not terminate any attorney-client relationships you may have formed with Legal Providers. If you wish to terminate this Agreement, you may simply discontinue using the Website and the Service.
Jurbid may terminate your access to all or any part of the Website at any time, with our without cause, with or without notice, effective immediately.
Termination of your relationship with Jurbid does not affect your relationship with any Legal Provider you have retained through our Service. All legal, contractual and ethical duties, obligations and responsibilities survive termination of the Jurbid relationship.
All provisions of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
PAYMENT AND TRANSACTIONS
Payments. Payment will be processed as specified in the Project and agreed upon by the User and the Legal Provider and will be processed upon acceptance of a Project or as otherwise agreed upon by the Legal Provider and the User. User is responsible for providing a valid means of payment.
AUTHORIZATION
By agreeing to these terms, you are giving Jurbid permission to charge your on-file credit card or other approved methods of payment for fees that you authorize. Depending on your Project, Jurbid may charge you on a one-time or recurring basis.
RESPONSIBILITY FOR PAYMENT
You are responsible for all fees, including taxes, associated with your use of the Service.
DISCLAIMER OF WARRANTIES
Jurbid provides the Website, the Content and the Service “As Is,” without warranty of any kind. We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, Jurbid expressly disclaims all warranties, whether express, implied or statutory, with respect to the Website and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy and non-infringement. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
Jurbid makes no representation or warranty that the information we provide or that is provided through the Service is effective, accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location; that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Service.
LIMITATION OF LIABILITY
As permitted by law, Jurbid shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this Website or Service, or for any interruption or disruption of such access or any erroneous communication between Jurbid and you, regardless of whether the connection or communication service is provided by Jurbid or a third party service provider including but not limited to Legal Providers.
Jurbid shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Web site or for any other aspect of the performance of this Website or Service or for any failure or delay in the execution of any transactions through this Service.
In no event will Jurbid be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Service, even if Jurbid has been advised of the possibility of such damages. Jurbid will have no responsibility to inform you of any difficulties experienced by Jurbid or third parties with respect to the use of the Website or Services or to take any action in connection therewith.
RELEASE AND INDEMNIFICATION
As a condition of your use of the Website or Services, you agree to indemnify and hold Jurbid and its agents harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Website or Services, or from your violation of these Terms.
MODIFICATION OF TERMS OF USE
Jurbid reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.
Upon any changes in these Terms of Use, we will post the amended agreement on the Website, which shall constitute notification to you of such changes. Your continued use of the Website and/or the Service following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modifications or changes made and your agreement to abide and be bound by the Terms of Use, as amended.
GOVERNING LAW
Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the state of New York, without regard to principles of conflicts of law, and shall inure to the benefit of Jurbid's successors and assignors, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with Jurbid in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within the city and county of New York, NY and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent Jurbid from bringing any action in the courts of any other jurisdiction.
ARBITRATION
If a dispute arises from or relates to these Terms of Use or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction thereof.
LIMITATION OF TERM OF ACTION
All disputes or claims (to the extent permitted by law) must be filed within one year from when the claim or notice of dispute could be filed in an arbitration proceeding or court if arbitration is not permitted. If you do not file a claim or dispute during this time, it is permanently barred.
SEVERABILITY
If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
NO ASSIGNMENT
Jurbid may assign or delegate these Terms of Use and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Jurbid’s prior written consent, and any unauthorized assignment and delegation by you is void.
HEADINGS AND SUMMARIES
The headings, captions and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
ENTIRE AGREEMENT
This Agreement and policies and guidelines of the Website and the Service (including but not limited to the Privacy Policy and, in the case of Legal Providers, the Legal Provider Agreement), are incorporated by reference herein, constitute the entire agreement between you and Jurbid and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of this Agreement.
You acknowledge that you have read and understand these Terms of Use and will be bound by these Terms of Use.
Last Revised: April 13, 2016