Terms Of Use
 

TERMS OF USE / ATTORNEY-CLIENT USER AGREEMENT
UPDATED 2/14/2014

The following is an agreement between e-Lawyer, LLC (hereinafter referred to as "Law Firm" and/or "e-Lawyer" and/or "our" and/or "us" and/or "we") and Client, (hereinafter referred to as "Client" and/or "you" and/or your").

You acknowledge that your access to the www.e-lawyer.com domain (hereinafter referred to as the "website" or "site") is subject to all applicable laws and to the "terms of use" as appearing in our website.

Your access or use of our site, browsing the site, participation in the registration process, payment of fees, participation in the interview process, affirmative response(s) indicating acceptance of the terms of this agreement, and any other activities relating to the site whether or not specifically enumerated herein, will bind you to this agreement without limitation or qualification, and you further acknowledge and agree that any other agreement that exists or may exist between you and e-Lawyer, regardless of form, is null and void.

You acknowledge that all your activities engaged in thus far in any way involving or related to the site have been in compliance with the terms of use as appearing on the website.

1. GENERAL:

1.1 e-Lawyer and you hereby agree that in exchange for a payment of the attorney's fee collected by electronic means on the website; we will provide legal services in accordance with this agreement.

1.2 Such services will include preparation of documents and related legal advice in accordance with the scope of services more fully described below.

 
2. ACKNOWLEDGEMENT OF COPYRIGHT/ LIMITATION OF USE

You acknowledge that integral to your relationship with e-Lawyer as set forth in this agreement, you will be exposed to certain valuable proprietary property owned by us including, but not limited to:

2.1 Client interviews, client correspondence, dialogs, forms of questions, templates, help text, interview organization, headings, titles, frequently asked questions, and answers thereto, responses to client questions, staff attorney knowledge base, summaries, instructions, online client file and other components of the e-Lawyer-Client interface, document generation system and business model, this agreement, trademarks, logos, website text, website design website layout, artwork, photographic or video images, patents, inventions, other trade secrets, and formulas and materials which otherwise may or may not be the subject of copyright or other proprietary protection for the benefit of Law Firm.

2.2 You agree that all such items will be the sole property of e-Lawyer and will not be used, downloaded, printed, or copied, for any purpose, in any manner or form, except as set forth herein without our express prior written consent. You acknowledge that any unauthorized use may violate copyright laws, trademark laws, privacy rules and regulations and communications regulations. You agree that you will not use this website for any unlawful or harmful purpose or for any use that is prohibited by law or by this agreement.

2.3 You agree not to copy, download, transcribe, transpose, or otherwise reproduce any of the documents prepared by e-Lawyer for any purpose other than your own needs with respect to the effect of the instruments personal and relative to you, or as advised by us, or contained in the instructions prepared for you.

 
3. QUALIFICATION OF CLIENT

3.1 You acknowledge and warrant that you are creating the documents for your own use and not on behalf of another person regardless of whether your use of the site has been facilitated by another person.

3.2 You acknowledge and warrant that you are over the age of 18 years old or otherwise legally emancipated by a court of competent jurisdiction.

3.3 You acknowledge that e-Lawyer, as part of its services provided under the terms of this agreement, does not provide any legal services, advice or opinions with respect to any question, issue or situation involving taxation, or tax consequences of estate planning, whether local, state or federal.

3.4A You acknowledge that your activities in creating and executing legal instruments with e-Lawyer may have tax ramifications including the imposition of taxes that may otherwise be avoided with the assistance of an attorney in a traditional office setting. You acknowledge that legal advice and document drafting with respect to these taxation issues is outside the scope of e-Lawyer services and the advice of an attorney in a traditional office setting may be necessary.

3.4 B You acknowledge that e-Lawyer, as part of its services provided under the terms of this agreement, does not provide any legal services, advice or opinions with respect to any question, issue or situation involving the eligibility for governmental benefits of any kind. You acknowledge that legal advice and document drafting with respect to these government benefit issues is outside the scope of this agreement and the advice of an attorney in a traditional office setting may be necessary.

3.4 C You acknowledge that e-Lawyer, as part of its services provided under the terms of this agreement, does not enter an appearance before any court, administrative agency, tribunal or other authority, that e-Lawyer attorneys will not physically appear before such bodies nor prepare pleadings for filing before such bodies. You acknowledge that the scope of e-Lawyer services is expressly limited to advice concerning and preparation of specific documents as described on the website.

3.4 D You acknowledge that if you are a resident of a state in which no law firm agent is a licensed attorney, that you will limit your use of the website to the free forms we offer without legal advice, and will not attempt to elicit legal advice until such time as law firm advises you that we are permitted to provide legal services in such state.

3.5 Your use of this website and access to e-Lawyer’s services constitute your acknowledgement that you are of sound mind and not under any legal, physical, or mental disability potentially affecting your legal competence. You further warrant that you are not the subject of any court proceeding or the subject of any court order relating to competence that would prohibit you from creating or executing legal documents.

 
4. CONFIDENTIALITY / CONFLICTS

4.1 You acknowledge that e-Lawyer has duties and responsibilities under the applicable rules of conduct governing the provision of legal services in your state of legal residence. You acknowledge that in the event of simultaneous representation of you and a spouse, family member, or other person, each party enjoys the benefit of the attorney-client relationship, including confidentiality of communications. You acknowledge that, absent a court order, we will not disclose any information you provide or communicate to us to any other person including your spouse, family members, or any other person or entity despite separate representation of such person or entity.

4.2 You acknowledge that if a conflict arises between our clients of such a nature that it is impossible in the sole discretion of e-Lawyer to perform our obligation to each client, we will take whatever necessary action we deem necessary to comply with the ethical principles governing the practice of law, whether or not enumerated in any statutory authority or rule of professional conduct including withdrawal of representation of you and/or third parties and advising you and/or any third party to obtain independent counsel.

4.3 You acknowledge and agree to provide e-Lawyer notice that a potential conflict exists whether or not an actual dispute has arisen between our clients regarding legal services performed by us. Absent such notice, you acknowledge that it is extremely unlikely that we will be made aware of such actual or potential conflict.

4.4 You acknowledge that the primary means of communication between you and e-Lawyer is through electronic communications including e-mail and the message center on our website accessible using your username and password. You acknowledge that you have an obligation to keep your user name and password private and secure and to take measures to ensure that such access to your account on the website is not disseminated to unauthorized parties. You acknowledge that you have an obligation to keep access to your e-mail private, secure and not accessible by unauthorized persons. You acknowledge that you have an obligation to keep your contact information current with us.

4.5 You acknowledge that you have an obligation to ensure that any network connection, whether public, private, wireless, mobile or otherwise is secure and that you assume all risks of breaches of confidentiality or security arising from interception or sharing of our communications with you over your network connections.

 
5. CLIENT OBLIGATIONS:

5.1 You hereby acknowledge that e-Lawyer has developed a unique method for delivering legal services to you. Through the use of technology, e-Lawyer is able to provide legal services using methods that differ from the traditional law office setting. Given the unique nature of our practice, you acknowledge that you must assume certain obligations to ensure that your objectives are met.

5.2 e-Lawyer prepares documents based solely on information that you provide to us through our interactive website. You agree that it is solely your responsibility to provide true and correct information and that we can rely on the accuracy of this information when rendering legal advice and preparing documents based on this information. You acknowledge that e-Lawyer will not be liable for errors or omissions in information transmitted by you. You agree to indemnify and hold harmless e-Lawyer, its affiliates, officers, directors, attorneys, agents or shareholders from any loss or damage caused by incorrect or incomplete information transmitted or delivered to e-Lawyer through your use of this website.

5.3 You agree that you will review all documents upon receipt and will immediately notify us of any errors, omissions, or mistakes in the documents that are not based on the information that you transmitted to us.

5.3(a) You acknowledge your obligation to carefully read all aspects of the interview, including all prompts, help text appearing next to prompts, and frequently asked questions and answers thereto appearing on each page (hereinafter collectively referred to as "interview information").

5.3(b) You acknowledge your obligation, in addition, to the foregoing to ask specific questions and utilize the confidential client message center if your situation is not specifically addressed in or by the interview information and if, after reading the interview information, you have further questions, and if you are in any way unclear about any aspect of the interview information, the e-Lawyer process, or the applicability of any issues raised in or by the interview information to your specific situation.

5.3(c) You acknowledge your obligation to provide any and all background information to e-Lawyer in the event that you are uncertain as to any aspect of the e-Lawyer process, the interview information and issues raised therein and issues raised by Law Firm in our confidential communications with you.

5.3(d) You acknowledge your obligation to fully read the summary of interview answers to ensure that your intentions are addressed and all spelling, punctuation, and capitalization is correct and that your answers are consistent with your intentions.

5.3(e) You acknowledge your obligation to change interview answers if your intentions are not reflected in the answer summary. You acknowledge your obligation to amend your answers in accordance with legal advice rendered by us.

5.3(f) You acknowledge your obligation to confirm the answers given in the summary and any amendments you have made thereto.

5.3(g) You acknowledge your obligation to follow our recommendation contained in the interview and in the confidential client communications.

5.3(h) You understand and agree that unsigned or unexecuted documents are of no force and effect and improperly executed documents may be of no force and effect. You acknowledge your obligation to strictly follow the instructions for execution of the documents and that absent strict compliance with our instructions, you acknowledge that the validity of the instruments may be compromised.

5.3(i) You agree to indemnify and hold harmless e-Lawyer, it's affiliates, officers, directors, attorneys, agents or shareholders from any loss or damage caused by errors or mistakes in information provided by you or from unexecuted or improperly executed documents.

 
6. E-LAWYER OBLIGATIONS

6.1 e-Lawyer will arrange for original, unexecuted documents to be delivered to you together with complete instructions for proper execution of the documents.

6.2 e-Lawyer agrees to provide legal advice to you pursuant to the scope of services contained in this agreement during your retainer period under this agreement.

6.3 e-Lawyer will maintain the confidentiality of all attorney-client communications and otherwise comply with all rules of professional conduct in your jurisdiction.

 
7. SCOPE OF SERVICES:

7.1 You acknowledge that e-Lawyer is providing legal services only with respect to creation of the documents and other enumerated services offered in your Jurisdiction.

7.2 You acknowledge that the subject matter of any attorney-client communications or advice rendered under this agreement shall be limited to issues concerning the creation, execution, storage, maintenance and amendment of the instruments which were prepared under this agreement.

7.3 You acknowledge that e-Lawyer maintains a right of refusal to provide advice outside of the enumerated scope of services in this agreement.

7.4 You acknowledge that e-Lawyer is not providing any probate, guardianship, or will contest litigation, advice, drafting, will or document storage, or other services. You further acknowledge that e-Lawyer does not have access to or maintain copies of documents executed by you, and it is your responsibility to provide for the maintenance and storage of your executed will and other documents.

7.5 You further acknowledge that e-Lawyer is not providing any advice or other legal services with respect to the applicability of any government taxation or taxation issues.

7.6 You further acknowledge that e-Lawyer does not provide any advice with respect to financial planning for the purpose of effecting eligibility for government benefits.

7.7 You further acknowledge that e-Lawyer does not provide any litigation services.

7.8 You acknowledge your obligation not to alter the documents that e-Lawyer transmits to you and that any alteration of these legal instruments may affect their suitability for their intended purpose.

7.9 You acknowledge that e-Lawyer uses non attorney support staff and communications may be effectuated using said support staff under the direct supervision of an e-Lawyer staff attorney.

7.10 You acknowledge that the physical location of the e-Lawyer attorney may not be in your state of residence.

7.11 You acknowledge that the physical location of the printing and or document shipping facility may or may not be in your state of residence.

 
8. CONFIDENTIALITY:

8.1 You and e-Lawyer agree that all communications between e-Lawyer and you are subject to the attorney–client privilege and shall not be disclosed to anyone absent a court order. You acknowledge that the attorney-client privilege may be compromised if you allow disclosure of said communications to a third party other than e-Lawyer.

8.2 You acknowledge that the legal advice given is intended solely for your use and benefit. You warrant that you will not ask advice on behalf of others and that e-Lawyer assumes no attorney-client relationship with persons other than you. You acknowledge that the advice given is personal to you and not intended for reliance on by any third parties.

 
9. LAW FIRM COMMUNICATIONS:

9.1 You agree that all attorney-client communications are to be conducted exclusively through electronic means. The scope of services does not include legal services conducted by live, telephone, or facsimile consultations, or in-person physical delivery of document hardcopies.

9.2 You acknowledge that the scope of services does not include, telephone consultations or any written communications outside the confidential client communication center or any communication with anyone other than you.

 
10. REFERRALS:

10.1 You acknowledge that e-Lawyer has no obligation to make any client referrals for any matter outside the scope of services provided herein, however, e-Lawyer may do so in our sole discretion. You acknowledge that any such legal services are not in any way affiliated or connected with e-Lawyer and e-Lawyer has no liability or responsibility for such services.

10.2 You acknowledge that if an e-Lawyer staff attorney is retained by you to perform services other than those provided by e-Lawyer, you must procure a written agreement with said staff attorney. This agreement shall clearly specify that such services are provided by the staff attorney in staff attorney's non e-Lawyer capacity, and that such services are not in any way affiliated or connected with us and e-Lawyer has no liability or responsibility for such services.

10.3 You acknowledge that any referrals to attorneys for services outside the scope of services provided herein shall be made in said staff attorney's individual capacity at your request.

 
11. USERNAME/PASSWORD POLICIES:

11.1 You acknowledge that our method of client identification is based on the username/password system. You will be assigned a username and password which will identify you and provide you access to your information. You acknowledge that by dissemination of the user name and/or password to third parties, the confidentiality of attorney-client communications may be compromised.

 
12. ARCHIVE POLICIES:

12.1 You acknowledge that e-Lawyer, in our sole discretion, for your convenience , may make available your interview answers to you after the expiration of the retainer period but that archive retrieval fees may apply after a period of time and in accordance with our policies.

 
13. FEES/ RETAINER:

13.1 You acknowledge that the one year retainer period referenced in this agreement begins when you pay the attorney's fee for the enumerated purchased document or legal service.

13.2 During the retainer period, you may participate in the interview process, complete the interview and create the documents offered by us in your state of residence. You may review and amend these answers before ordering a printed set of said documents and instructions to be shipped to your designated shipping address or download your documents from either an e-mail transmittal from us or from the website.

13.3 During the retainer period, you may participate in the interview and communicate with us through e-mail or through the confidential message center. After completion of the interview, when all of your questions have been answered, you must submit your answers to order a printed set of documents or download your documents. Failure to submit your answers and thereby order a printed set of documents or download within the one year retainer period will constitute a waiver of our obligation to provide the documents unless you pay additional fees.

13.4 Should you wish to make changes in your answers, during the one year retainer period and order an additional printed set of documents additional fees in accordance with our then current fee schedule will apply.

13.5 You acknowledge that our pricing model may change from time to time and the fees for legal services as provided herein may vary between clients.

13.6 You acknowledge that e-Lawyer may, from time to time, provide and offer the public certain promotional offers that may or may not differ from the terms of our representation of you.

13.7 You acknowledge that e-Lawyer maintains the option to terminate representation of you at anytime in our discretion. In such event, you acknowledge your obligation to return all materials provided by us and any copies made by you.

13.8 You acknowledge that in the event of such termination of representation, you have not relied on the interview, communications from us, or on the actual documents created by us. You acknowledge that in the event of such termination of representation e-Lawyer may in its discretion, refund part or all of monies paid by you to the "billing name and address" provided by you. You acknowledge that a refund of paid fees shall be your sole remedy in case of a dispute under this agreement.

 
14. COMMUNICATION

14.1 You acknowledge that e-Lawyer, as part of your delivery of legal services may provide notifications to you exclusively through electronic means, either through e-mail, and/or in the client communications center. These communications may concern changes in the law, reminders of advisability to amend documents, or promotional offers. You consent to receive said notices absent receipt by us of a contrary indication from you.

14.2 You acknowledge that e-Lawyer has no obligation to correspond with you through any non-electronic means of communication.

14.3 You acknowledge that although e-Lawyer may, in our discretion, provide said notifications, no duty to notify you except during the retainer period shall be assumed by us.

 
15. PRIVACY POLICIES

Any information transmitted by you will be governed by our Privacy Policy. Information related by you will never be disclosed by us to third parties without a court order.

 
16. VENUE

You agree that venue for legal action is proper in the county jurisdiction where the physical office of the e-Lawyer staff attorney assigned to your state of residence is located. The physical location of said attorney is referenced in the website.

 
17. NO RELIANCE BY THIRD PARTY

You agree that e-Lawyer cannot be responsible for the actions of any third party outside of the direct control of us, such as postal or delivery services, electronic media hosting, transmitting, storage or delivery companies, acts of God, acts of terrorism, or acts of war. You agree to hold us harmless from any and all actions or causes of action arising from any actions or negligence of any third party or service provider incidental to your use of this website.

 
18. SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.

 
19. DISCLOSURES

ALASKA, NEW HAMPSHIRE, OHIO, SOUTH DAKOTA CLIENTS: You acknowledge that neither Law Firm nor its attorneys carry professional liability insurance of any kind. PENNSYLVANIA CLIENTS: “Pennsylvania Rule of Professional Conduct 1.4(c) requires that you, as the client, be informed in writing if a lawyer does not have professional liability insurance of at least $100,000 per occurrence and $300,000 in the aggregate per year and if, at any time, a lawyer’s professional liability insurance drops below either of those amounts or a lawyer’s professional liability insurance coverage is terminated. You are therefore advised that e-Lawyer does not have professional liability insurance coverage of at least $100,000 per occurrence and $300,000 in the aggregate per year."

 
20. COMPLETE AGREEMENT

This Agreement constitutes the complete agreement between e-Lawyer and you and incorporates all prior discussions, agreements, and representations made in regard to the matters set forth here. This Agreement may not be amended, modified or changed except by a writing signed by both you and e-Lawyer. No e-Lawyer staff attorney or employee has the authority to change the terms of this agreement, except for the Managing Member of e-Lawyer.com, LLC.

 
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