Welcome to USADefend Law PLLC. With its website operator, virtualaw LLC (together, the “Company”), the Company offers a user-friendly tool (the “Platform”) for case management, resolution, and other platform-specific actions. Your use of the platform implies that you've read, understood, and agreed to abide by these Terms. This agreement obliges you to comply with all relevant laws and regulations. The Company reserves the right to update these Terms, with changes taking effect upon publication on the Platform.
1. Limitations: The Company and the platform do not provide legal advice or services. Using the platform doesn't create an attorney-client relationship; a separate engagement agreement with a licensed attorney is necessary.
2. Eligibility: The platform and services are for individuals aged eighteen (18) or older. If you're under eighteen (18), please refrain from accessing or using the Platform. By using it, you confirm you're over eighteen (18)
3. General conditions & Scope of the service
1. Use of the platform and its content is bound by the Terms and privacy policy.
2. The Terms of Use regulate the relationship between users and the platform, encompassing individuals, entities, or representatives using the platform
3. Non-legal Services: The Company offers non-legal services through paralegals, case managers, and legal assistants. These services may involve managing case activities, updating documents, addressing client queries, providing guidance on next steps, filing court documents, serving opposing parties, and more.
4. Legal Services: As a law firm, the Company may offer legal services via licensed attorneys. Clients requesting legal services are required to sign an Engagement Agreement. Until the client signs this agreement, representation hasn't begun, and the Company bears no legal responsibility. Legal services commence only after an attorney signs the engagement agreement with the client. The scope of these services is defined in the engagement agreement between the client and the assigned attorney.
4. License to use the platform. Subject to this Agreement, the Company grants you a personal, limited license that is non-exclusive, non-transferable, and revocable. This license allows you to use the Platform in accordance with the stated Terms and conditions.
5. Restrictions on Use: Do not engage in or facilitate the following actions:
1. Using, modifying, integrating the platform, or creating derived works.
2. Selling, granting licenses, transferring rights to others.
3. Impersonating individuals or providing false information.
4. Posting false, misleading, or deceptive content.
5. Uploading viruses or harmful computer code.
6. Operating automated means for content retrieval.
7. Attempting to access the platform's source code.
8. Using platform results for developing competing software.
9. Commercial distribution or use of platform content.
10. Removing or altering any copyright, trademark, or patent marks.
11. Using the Company's identity without written permission.
12. Infringing upon copyrights, trademarks, or proprietary rights.
13. Using the platform in ways contrary to this agreement or the law.
6. The platform is intended for private use only, and commercial use requires prior written consent from the Company, except as explicitly permitted in a customer agreement or this agreement.
7. Registration for the services: To access and utilize the platform, you must create an account, (an "Account"). By creating an Account, you agree:
1. Not to permit others access or usage of your Account.
2. Not to create an Account for any third party.
3. To assume sole responsibility for all Account-related activities, including content access rights.
4. To promptly notify the Company of any security breach or unauthorized Account use.
8. Furthermore, you commit to providing accurate, complete, and genuine personal information. You affirm that the information furnished by you is accurate. Safeguarding your username and password is your responsibility, ensuring exclusive usage by you alone. Any use of your credentials by others is at your own risk.
9. User Data:
1. When using the Platform, you may choose to upload and provide the platform with data, information (including Information for the Purpose of the Procedure) and other content (collectively, the “User Data"). The ownership rights and intellectual property of the User Data are and will remain the exclusive property of the user. Notwithstanding the foregoing, the User grants the Company a non-exclusive license to use the User Data in order to provide the customer and/or the end user with the Platform and services, and in order to develop and improve the platform, and in accordance with the provisions of this agreement. In addition, the Company shall be entitled to (1) make use of the User Data in order to comply with any law, regulations, legal proceedings, order, or application of a competent authority; or (2) collect, hold and/or manage User Data through our authorized third-party service providers as is likely to be done for business purposes. You will be solely responsible for the User Data and the results of their delivery to us and/or any third party, as well as uploading them to the platform and transferring them to others. It is not the Company's responsibility to check and/or verify the correctness, completeness and/or accuracy of User Data.
2. You acknowledge that you have obtained the rights and/or agreements required to enable the Company to make use of the User Data as stated in this agreement. You will remain solely responsible for the User Data and expressly release the Company from any liability arising from the Company's use of the User Data in accordance with the provisions of this Agreement.
3. You warrant that no User Data will be uploaded to the platform that: (1) is protected by copyright, is protected as a trade secret or is otherwise subject to the proprietary rights of third parties, including rights to privacy and advertising; (2) is illegal; constitute libel; are defamatory, threatening, inappropriate, malicious, or fraudulent; (3) is misleading, inauthentic and/or incorrect and inaccurate; and/or (4) violates this Agreement. You will be solely responsible for any content provided by you and/or your authorized users that violates the restrictions set forth in this section.
4. The Company will not bear any responsibility to check User Data uploaded by you and/or any authorized users. Without derogating from the aforesaid, the Company reserves the right, but is not obligated, to remove from the Platform any User Data that does not meet the conditions and restrictions stated in this agreement, or to restrict or deny the access of authorized users to such User Data.
5. If the User Data includes the contact information or personally identifiable information of any third party, you undertake to: (a) provide all appropriate notices to the third party and obtain all agreements required by law to allow us to process the personal information in accordance with the provisions of the agreement; (B) at all times comply with the requirements of applicable law, in a manner that will enable the use of the personal information and its processing by us, in accordance with the provisions of the agreement.
10. Content
1. The platform encompasses various forms of content, including verbal, visual, audio, audio-visual, and their design, processing, editing, distribution, presentation, and any future information delivered to users regarding the platform's services and providers (referred to as "Content"). This encompasses details shared through the platform concerning proceedings, sourced from the Company, customers, end users, or third parties, including User Data.
2. It's crucial to note that neither the Company nor its representatives bear responsibility for the Content's accuracy, quality, or User Data provided by users. Your reliance on User Data and its usage is solely at your own risk and that of your authorized users.
3. Additionally, the Company may gather, utilize, and analyze anonymous information, like statistical or aggregate data, collected during platform use. This data aids in platform operation, enhancement, potential software assimilation, and traffic data analysis without compromising individual identification.
11. Management of the Procedure
1. The Company and its representatives are not responsible for the outcome of any proceeding or legal process or any part thereof, including any compromise, mediation, or a decision by an arbitrator whether the User’s claim is accepted or not; nor does the Company guarantee or declare that a compromise will be reached and/or that another solution or arbitration decision acceptable to either party in any proceeding will be reached.
2. The Company will not be responsible for the behavior of any User in relation with the use of the platform and/or management or execution of the proceeding, including the implementation of any decision, request and/or demand of an arbitrator in connection with the proceeding, including consent and/or rejection of any settlement proposal, and including the execution of any settlement agreement in connection with the proceeding.
3. You agree that you do not have and will not have any demand and/or claim against the Company in relation with the above.
12. Payments
1. Prior to commencing any Procedure that involves payment, whether it's a one-time fixed payment or a monthly recurring fee, you'll be asked to pay as per the presented terms.
2. The Company reserves the right to adjust the prices of the various services provided on the Platform periodically.
3. If you opt to take your case to court, irrespective of these terms of use, you are responsible for covering all lawsuit expenses, including court fees, service charges, and related costs like deposition transcripts and travel expenses. We adhere to PCI standards for safeguarding credit card payments, employing HTTPS and other security measures.
4. This agreement and statements by the Company should not be interpreted as a guarantee or assurance regarding the client's case outcome. Should the Company provide legal services based on a fully executed engagement agreement signed by both the client and an appointed attorney, the Company may be entitled to a success fee from any recovery obtained in the case, be it through a verdict, judgment, settlement, or otherwise. Any other payment-related provisions will be detailed in the engagement agreement.
5. Payments for non-legal services are non-refundable and deemed earned upon receipt.
13. Intellectual Property.
1. This agreement confers upon you a restricted license solely for the use of the Platform; the Platform is not being sold to you under this agreement. All ownership and intellectual property rights related to the Platform (including its design, structural arrangement, and the organization of its content) as well as any future enhancements or updates, are and will remain the exclusive property of the Company. The information and services provided by the Company do not grant you or any customer any rights or intellectual property of the Company, except as explicitly outlined in this Agreement.
2. For the purposes of this Agreement, "intellectual property rights" encompass all rights associated with trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, along with all moral rights, privacy rights, publicity, and analogous rights as stipulated by the laws or regulations of any state, regulatory authority, or judicial authority, whether domestic or international.
14. Confidentiality. You may have access to specific non-public and proprietary information of the Company, spanning various forms and media, encompassing trade secrets, and details about the other party's products, software, technology, data, knowledge, or business—information reasonably understood as proprietary, confidential, or of competitive worth ("Confidential Information"). By using the Platform, you agree to employ reasonable measures to safeguard the opposing party's Confidential Information from disclosure to any third party. Neither party will utilize or reveal the other party's Confidential Information except as explicitly allowed under this Agreement or as required by law. All rights, proprietary interests, and claims to the Confidential Information and any associations with it belong, and will continue to belong, solely to the party that disclosed it.
15. Privacy Policy. The Company will handle the information collected about you or accessible to the Company through your use of the platform following the Company's Privacy Policy, an integral component of this Agreement.
16. Indemnification. By agreeing, you undertake to indemnify the Company, its employees, managers, or any acting on its behalf against any claims, demands, damages, losses, loss of profits, payments, or expenses incurred, including reasonable attorney's fees and legal expenses. This indemnification pertains to any breach of the Terms, Privacy Policy, or the law by you and any claims from third parties resulting from a violation of these Terms.
17. No representations.
1. The Company provides the platform, its associated information, content, and services "As Is" and on an "As Available" basis, with no expressed or implied commitments. The Company is not obligated to provide support, maintenance, upgrades, modifications, or new versions of the platform. Your use of the platform, its services, and contained content is at your own risk. The Company assumes no responsibility for the platform's features or the content provided through it, including content from third parties, regarding their reliability, accuracy, timeliness, impact on devices, or procedure outcomes. Additionally, the Company is not responsible for limitations or adaptations of the platform and content to your needs, loss of stored content, inconveniences, losses, mental distress, or any direct or indirect damage caused to users, customers, property, or any third party due to reliance on or use of the platform. The Company disclaims any express or implied warranties related to the platform, including ownership, commerciality, fitness for a particular purpose, or non-infringement of third-party rights. By using the platform, you waive any claims against the Company. Therefore, using the platform is entirely your responsibility.
2. No content or information disclosed as part of the services or related to the platform, whether written, electronic, or oral, constitutes legal advice. Reliance on such information and subsequent actions are done at your own risk. Any use of the platform should follow an assessment of your legal needs, obligations, and rights under applicable law, and consultation with a licensed professional if necessary. The Company does not guarantee uninterrupted use of the platform and services, immunity from unauthorized access to its computers, availability at all times, freedom from errors or viruses, or suitability to your requirements. The Company is not liable for direct or indirect damages or aggravation to you or your property. The Company does not assure the continued offering of services on the platform, and any service may be discontinued without prior notice. The Company is not responsible for mistakes, failed service, or incomplete actions due to incomplete, incorrect, or missing information provided by you or anyone acting on your behalf.
18. Limitation of Liability.
1. The Company has no liability, under any circumstances or legal grounds, whether contractual, tort-based, or otherwise, for indirect, special, punitive, or consequential damages resulting from your use of the platform, services, or content. This includes issues related to reliance on them, inability to use the platform or services, such as mental distress, harm to reputation, loss of business income or information, termination of employment, computer malfunctions, or any other loss or damage, even if the possibility of such damage was previously notified to the Company. The Company disclaims responsibility for third-party claims.
2. Without diminishing the above, the maximum aggregate liability of the Company (contractual, tort-based, or any other indebtedness form) for damages, loss, or harm arising from or connected to services or the platform, including use or inability to use the platform, and irrespective of service receipt, will not exceed the total amount paid by you to the Company in the 12 months before the cause of action arose regarding the relevant proceeding.
19. Period of the license and its termination
1. This Agreement will be effective from your approval and/or the commencement of your use of the Platform. The Company will be entitled to terminate this Agreement and these Terms at any time.
2. Upon termination of this Agreement: (a) you will cease all use of the platform; (B) we will terminate your access rights to the Platform; and (c) you will pay us without delay any consideration which we are entitled to. From the date of termination of the agreement, you will not be allowed to use the platform and will no longer be allowed to enter the platform. Section 18.2 it and Sections 5, 8, 9, 12, 13, 14, 15, 16, 17, and 19 will continue to apply without restriction even after the expiration of the agreement.
20. Miscellaneous
1. These Terms and all the rights and licenses they confer, are not transferable and/or you may not grant them to anyone, but are transferable, and/or may be granted by the Company, without any limitation and/or prior notice.
2. This Agreement and all rights and licenses granted under this Agreement will not be transferred or waived by you; however, we will be entitled to assign them without limitation and without notice.
3. If it is determined in a judgment or a final judicial decision that there is no validity to any portion of these Terms, only that portion shall be void and the rest of the conditions shall remain in effect and will continue to commit you. You agree that these Terms should be given the broadest interpretation and applicability in order to comply with them or any part thereof.
4. These Terms are in addition to all other Terms of Use provisions contained in the platform. In case of non-compliance, these Terms of Use will prevail. However, if you engage the Company, any engagement letter you sign will be binding and in the event of a conflict, such engagement letter will have priority.
5. Only the laws of the Commonwealth of Puerto Rico shall apply to these conditions. The exclusive jurisdiction in any matter relating to this Agreement and the use of the Platform are the authorized courts in Puerto Rico.
6. By submitting information to the Platform, you consent to be contact by phone, text, or email by the Company or its agents.
7. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
8. By agreeing to these terms and using our services, you acknowledge and agree that any dispute or claim arising out of or relating to your use of our services will be resolved solely on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration against USADefend Law PLLC or virtualaw LLC. You understand that by entering into this agreement, both parties are waiving their right to have any disputes heard as a class action, consolidated action, or representative action.