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Terms of Use

 

Acceptance of Terms through Use
By using this site, you (“User”) signify your agreement of these terms and conditions (“Agreement”). If you do not agree to this Agreement please do not use this site. Please check this Agreement periodically for changes as the owner of this site, Local Lawyer, Inc. (“Company”), reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.

Consent to Receive Electronics Records
By participating in the products or services on the site, you signify your express consent to receive information from Company in electronic format. You will need a computer or a mobile device with browser and Internet access to receive such electronic records. Electronic records may include terms and conditions, agreements, privacy policies, and other items.

License to Use this Site
Upon your agreement, the Company hereby grants you a non-exclusive, non-transferrable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors, and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney’s fees resulting from any non-payment.

License Restrictions

Use
You agree not to make any false or fraudulent statements in your use of or to gain access to this site or during your use of this site. Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials, code or content on or from this site or that is property of Company or any advertiser offering materials through our programs. Systematic retrieval of data or other content from this site or the site of any party offering materials through this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Security
You agree to use your best efforts to prevent access to this site through your user login and password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a login and password not easily guessed by a third party.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via this site or any advertiser’s site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

User’s License Grant to Site
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. You agree to any rules contained in this Agreement or outside of this Agreement such as the Privacy Policy or the Independent Contractors Agreement provided either through this site by the Company or any other material provided by the Compnay. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in the future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

Trademarks
The Company’s licensors, advertisers, merchants or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties and you agree never to use such without express written permission.

Third Party Sites
You may be transferred to other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright, compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them. If you wish to suspend email from such sites, you must contact them directly.

Disclaimer of Warranties
The Company its advertisers and licensors make no representations or warranties about this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site. All of this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties with regard to this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement, because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

Limitation of Liability
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from or arise out of the use of, or inability to use this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, advertiser’s sites, offers, gifts, the suitability of the information contained on or received through use of this site, or any services or products received through this site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

By registering with LL and/or confirming an LL request for coverage/reservation you agree to this Agreement in its entirety and agree to be bound by the terms and condition contained herein.
Independent Contractor Attorney Agreement

This Independent Contractor Agreement (the “Agreement”) is entered into as of the day Contractor registers on LL’s application (“Effective Date”) by and between Local Lawyer, Inc. (“LL”) and (“Coverage Attorney”).

WHEREAS, LL is in the business of providing Coverage Attorneys for clients of LL (“Clients”) to cover court hearings, mediations, and other similar proceedings;

WHEREAS, Coverage Attorney desires to perform services as an independent contractor for LL pursuant to the terms and conditions of this Agreement and LL agrees to compensate Coverage Attorney pursuant to the schedule attached hereto; and

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, LL and Coverage Attorney hereby agree as follows:

1.        Ethical Obligations of Coverage Attorney
Coverage Attorney recognizes and agrees that he or she is held to ALL professional standards of conduct prescribed by the state Bar and expressly acknowledges he or she has read and understands his or her obligations regarding all such Rules including, but not limited to:

A.       Confidentiality
B.       Conflict of Interest, Current Clients

C.       Conflicts of Interest, Previous Clients

D.       Competency

(See full text of specific state bar rules)

2. Obligations of LL
LL does not and will not control the Coverage Attorney’s exercise of independent professional judgment in rendering services and will in no way interfere with the attorney-client relationship.

3. Services
A. LL hereby engages Coverage Attorney as an independent contractor of LL pursuant to the provisions of this Agreement. LL shall offer the services of Coverage Attorney to certain Clients of LL in return for the payment of certain sums agreed upon between all parties. Coverage Attorney agrees to promptly go for interviews at the offices of any Client of LL at such times as Client shall direct, or to report to the appropriate court house, law firm, or other meeting place as Client shall direct. In the event LL notifies Coverage Attorney that a Client has agreed to accept Coverage Attorney to perform a task or a series of tasks, Coverage Attorney agrees to report for work at such time and for such hours as shall be specified by any Client, to perform such legal services as the Client shall direct to the best of Coverage Attorney’s ability, to follow all direction given by the Client in connection therewith, to communicate directly with the Client regarding only the specific task assigned, and to conform to all of the Client’s office, litigation and court room procedures and policies. Coverage Attorney agrees not to accept other engagements during the term of this Agreement which would conflict with, preclude, or inhibit in any manner the ability of Coverage Attorney to provide the services contemplated by the Agreement. Coverage Attorney acknowledges and agrees that for all purposes Coverage Attorney shall be an independent contractor of LL and that the Client, and not LL, shall direct Coverage Attorney in all aspects of Coverage Attorney’s performance of legal services on its behalf. Coverage Attorney agrees to comply with all written policies and procedures for Coverage Attorneys which may be established and revised from time to time by LL or its clients and which may be provided to Coverage Attorney. Coverage Attorney acknowledges that LL has not and cannot guarantee work for Coverage Attorney.

B. The Coverage Attorney agrees to perform the Services hereunder solely as an Independent Contractor. The parties to this Agreement recognize that this Agreement does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the parties. The Coverage Attorney is not authorized to enter into or commit LL or its clients to any agreements, unless instructed otherwise by an LL Client, and the Coverage Attorney shall not represent itself as the agent or legal representative of LL. In no event shall LL have any responsibility for paying Coverage Attorney any health insurance, fringe benefits, pension plans, paid vacation time, paid holidays or paid sick leave or death benefits for Coverage Attorney, it being understood and agreed that Coverage Attorney is an independent contractor for all purposes.

C. LL shall not be liable for taxes, worker’s compensation, unemployment insurance, employers’ liability, employer’s FICA, social security, withholding tax, or other taxes or withholding for or on behalf of the Coverage Attorney in performing Services under this Agreement. All such costs and liabilities shall be Coverage Attorney’s responsibility and Coverage Attorney shall indemnify and hold LL harmless for same.

D. Coverage Attorney MAY NOT assign or subcontract to any 3rd party the performance of the services or the responsibilities and obligations agreed upon between Coverage Attorney and LL.
4.        Term

This Agreement is effective for one (1) year after the date of execution by both parties or the date of Coverage Attorney’s last performance for a Client of LL, whichever is later, and the obligations relating to the non-solicitation and non-circumvention of LL clients, as well as other obligations defined herein, shall survive the termination of this Agreement. This Agreement shall automatically be extended from year to year unless terminated by either party with sixty (60) days notice prior to the end of that current term. Each party may terminate this Agreement any time upon written notice to the other party, effective two (2) weeks following the receipt of such notice.

5.        Verification of Credentials
Coverage Attorney hereby represents and warrants to LL and to the Clients that the specifics of the resume and other employment, education and bar admission information as provided by Coverage Attorney to LL is complete and accurate in all respects and constitutes a material portion of the inducement to LL to enter into this Agreement and will be a material element of the inducement to Clients to agree to engage the services of Coverage Attorney. Coverage Attorney  agrees to indemnify and hold LL harmless from all claims alleged against or damages suffered by LL which are attributable in part or in whole to any omissions or inaccuracies as contained in any such information.

Coverage Attorney represents and warrants that he or she is eligible to practice law and is in good standing with the respective state Bar in which he or she intends to practice. In the event Coverage Attorney is sanctioned, reprimanded, or in any way disciplined by any state Bar association or becomes ineligible to practice law for any reason he or she agrees to immediately notify LL and not to accept or perform any additional work for LL or LL’s clients

6.        Conflict of Interest
Coverage Attorney recognizes that LL has limited means of determining whether Coverage Attorney shall have a conflict of interest with any client of the Client. Accordingly, Coverage Attorney assumes full responsibility for ensuring that Coverage Attorney has resolved with each Client prior to commencement of services on behalf of that Client, that the Coverage Attorney has no such conflict of interest. In the event Coverage Attorney has what either Coverage Attorney or any Client determines to be a conflict of interest with any client of that Client or with opposing counsel(s), Coverage Attorney agrees to provide no services on behalf of that Client, and any services provided prior to the time the Client and Coverage Attorney shall both have determined that there is such conflict shall not be compensable pursuant to this Agreement.

7.        Notice of Dissatisfaction
In the event any Client notifies LL of any dissatisfaction with the manner in which services are being provided by Coverage Attorney, LL shall endeavor to advise Coverage Attorney of the substance of the Client’s dissatisfaction. Coverage Attorney agrees to be promptly responsive to any such issues which are made known to Coverage Attorney, either by the Client or by LL, and to assert a diligent effort to perform all services to the complete satisfaction of the Client. In the event Coverage Attorney is unsuccessful in providing a prompt resolution of any such problem in a manner which is completely satisfactory to the Client or LL, Client or LL, in its sole discretion, has the right to summarily terminate the services of Coverage Attorney and/or withhold payment for such service(s).

8.        Compliance with Insurance and Bar Eligibility
LL shall maintain during the term of the Agreement the necessary professional liability insurance as prescribed by the law of the state in which the work is performed. The Coverage Attorney shall carry the necessary professional liability insurance and provide a copy of said policy to LL upon execution of this Agreement. Coverage Attorney must also provide re-confirmation of said policy upon its renewal. The foregoing notwithstanding, Coverage Attorney agrees that neither LL nor its insurance carrier shall have any liability for the misfeasance, malfeasance, negligence, and/or malpractice of Coverage Attorney in the course of performing tasks as directed by any Client and that the only insurance, if any, which shall cover any such misfeasance, malfeasance, negligence, and/or malpractice shall be the Coverage Attorney’s professional liability insurance.

9.        Additional Expenses
Neither LL nor any Client shall have any responsibility to pay any expenses incurred by Coverage Attorney including, without limitation, automobile mileage or parking, transportation, lodging, meals or child care, except in specific instances where such reimbursements have been authorized in advance in writing by a Client. In no event shall Coverage Attorney have the authority to incur any expenses or obligations whatsoever on behalf of LL or any Clients, and Coverage Attorney hereby indemnifies and agrees to hold LL and the Clients on whose behalf Coverage Attorney is engaged harmless with regard to all claims which relate thereto.

10.     Verification of Records/Rates
LL shall endeavor to maintain accurate and complete records of all services performed by Coverage Attorney pursuant to this Agreement. Fees due and payable by LL to Coverage Attorney shall be outlined in the attached schedule and shall be computed on the basis of actual hours worked or on a flat rate per matter (excluding travel, lunch and break time) by Coverage Attorney, at the fixed rate of $                                                                                                                                   pe matter or per hour (except that in certain instances LL may request that Coverage Attorney agree to a different hourly rate, which shall be applicable only if Coverage Attorney approves the different rate, which shall be acknowledged in a letter from LL to Coverage Attorney). The fixed hourly rate and flat rates (or any different rate approved by the Coverage Attorney) shall continue to be applicable unless and until this Agreement shall be amended in writing with the mutual concurrence of LL and Coverage Attorney, in which event the rate (or any different rate approved by the Coverage Attorney) shall be adjusted to conform to that amendment.

11.     Relationship with Coverage Attorney
All payments shall be made to Coverage Attorney once a month, for all services performed by Coverage Attorney for the prior month. Direct deposit is available upon request. Coverage Attorney agrees to submit to LL all reports and necessary information regarding all matters covered during that month and failure to provide the necessary information and reports may delay payments by up to six (6) weeks. Coverage Attorney must provide LL with a W-9 and is solely responsible for the payment of all taxes and the filing of all taxes returns.

12.     Rates
Coverage Attorney agrees that his or her rates under this Agreement are not to be negotiated or discussed by Coverage Attorney with any Clients or with any other persons, either during the term or following the termination of this Agreement.

13.     Non-Solicitation and Non-Circumvent

a) In no event shall Coverage Attorney seek any form of employment, whether full time, contract, temporary, consulting or otherwise, by any Client on whose behalf Coverage Attorney has provided services during the term of this Agreement or for a period of one (1) year from or after the termination of this Agreement or after the termination of LL’s services with such Client(s), whichever is longer, without first obtaining the prior written approval of LL.

b) In no event shall Coverage Attorney solicit any client represented by an LL client for current or future business. The solicitation of an LL’s client will result in immediate termination of this agreement or a forfeiture of any fees owed Coverage Attorney.

c) Coverage Attorney agrees that any Client introduced to Coverage Attorney by LL shall be the independent contractor of LL in all transactions between the parties to this Agreement. Coverage Attorney agrees that it shall not contact or do any business directly with any Client of LL, although Coverage Attorney can contact a Client only to discuss the specific legal matter which requires the engagement of that Coverage Attorney. Coverage Attorney shall not in any way attempt to circumvent LL by directly or indirectly, soliciting Client to become a consultant, employee, or independent contractor of Client during the term of this Agreement and for a period of one (1) year from the date of termination of this Agreement.

d) Any violation of this provision shall entitle LL to seek immediate injunctive relief and any other remedies available under the law.

14.     Equal Treatment of Coverage Attorneys
LL shall not discriminate against any Coverage Attorney because of race, age, color, religion, disability, sex or national origin. LL shall diligently endeavor to assure that applicants are treated fairly and during the underlying Agreement without regard to his or her race, age, color, religion, handicap, sex or national origin, but Coverage Attorney acknowledges and agrees that LL shall have no control over the actions and/or relations of any Clients.

15.     Notices
All notices hereunder shall be given in writing by U.S. Mail, by personal delivery, commercial overnight courier or facsimile, each of which shall be effective upon delivery thereof to the addressee or the rejection of the delivery thereof by the addressee, sent to the following addresses:

 

As to LL:                                                                 As to Coverage Attorney:

 

Local Lawyer, Inc.
Contact information in account
22313 Vista Verde Dr.

Lake Forest, CA 92630

Fax: (
)
Or to such other address as either party shall theretofore have given the other proper notice.

16.     Indemnification The Coverage Attorney hereby indemnifies and holds harmless LL, its subsidiaries, and affiliates, and their officers and employees, from any damages, claims, liabilities, and costs, including reasonable attorney’s fees, or losses of any kind or nature whatsoever (“Loss”) which may in any way arise from the Services performed by the Coverage Attorney hereunder, or any misfeasance, malfeasance, negligence, and/or malpractice, breach or alleged breach by Coverage Attorney of this Agreement, including the warranties set forth herein. LL shall retain control over the defense of, and any resolution or settlement relating to, such Loss. The Coverage Attorney will cooperate with LL and provide reasonable assistance in defending any such claim and reimbursement LL within ten (10) days of incurring any such Loss.

17.     Confidentiality Coverage Attorney may be exposed to confidential, privileged, and proprietary information of LL and its Clients, whether or not so identified  (including without limitation this Agreement). Coverage Attorney agrees to keep all such information confidential and privileged and will not disclose any such information to any other party. The Coverage Attorney shall not, without the prior written consent of LL or its Clients, use LL’s or its Clients’ name in any advertising or promotional literature or publish any articles relating to LL or its Clients, this Agreement, or the Services and shall not otherwise refer to the retention of Coverage Attorney to render consulting services hereunder. This provision shall survive the termination of this Agreement for a period of two (2) years. Any violation of this provision shall entitle LL to seek immediate injunctive relief and any other remedies available under the law.

18.     Professional Conduct
Coverage Attorney understands they are still governed by the Rules of Professional Conduct of their state bar and any other rules regulating the practice of law.

19.     Survival of Provisions
The provisions of Paragraphs 3, 7, 11, 12 and 14, 15, 16 and 17, 18 shall survive any termination of this Agreement.

20.     Miscellaneous

20.1 Nonexclusivity. The services provided by LL to Coverage Attorney in connection with this Agreement are nonexclusive in nature and LL may provide the same or similar services to other Coverage Attorneys or clients of LL under terms and conditions as LL in its sole discretion deems appropriate.

20.2 Lawful Purpose. The services furnished under this Agreement are subject to the conditions that they can be used only for lawful purposes.

20.3 Force Majeure. Neither LL nor Coverage Attorney shall be responsible to the other for delays and/or failures in performance resulting from acts beyond their control. Such acts shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed  after  the  fact,  firm  communication  line  failures,  power  failures,  earthquakes,  or  other disasters. Notwithstanding the foregoing, takeovers (hostile or otherwise), Mergers, or Acquisitions shall not be deemed force majeure events.

20.4 Nonwaiver. No covenant or condition of this Agreement can be waived except by the written consent of the other party. Forbearance or indulgence by either party in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by the other party. Either party shall be entitled to invoke any remedy available to it under the Agreement whether by law or in equity despite such forbearance or indulgence. The waiver by either party of the breach of any terms of this Agreement by the other party shall not operate as or be construed to be a waiver of any subsequent breach by the other party.

20.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

20.6 Governing Law. This Agreement shall be governed by the laws of the State of Florida and the parties hereto agree that the venue for any litigation relating to this Agreement shall be proper only in a court located in Broward County, Florida.

20.7 Assignment. Neither this Agreement nor any rights or obligations hereunder may be assigned by Coverage Attorney hereto without the prior written consent of LL. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. Neither the terms of this Agreement nor any performance hereunder shall be construed to create any rights in any person other than the parties to this Agreement. Nothing shall prevent LL from assigning this Agreement as it desires.

20.8.      Attorneys Fees. The parties agree that any and all legal costs incurred as a result of a collections action or any dispute hereunder shall be the responsibility of the non-prevailing party.

20.9 Entire Agreement. It is agreed between parties that neither LL nor Coverage Attorney has made any statements, promises or agreements verbally or in writing in conflict with the terms of this Agreement. Any and all representations by any party whether made by agents during negotiations prior to the execution of this Agreement and which representations are not contained in the provisions hereof shall not be binding upon any of the parties hereto. It is further agreed that this Agreement, and any written Supplements, Addenda or Exhibits, contains the entire agreement between the parties and no rights are to be conferred upon either party until this Agreement has been fully executed.