Effective May 1, 2015
Updated May 31, 2017
We want to be clear with everyone who uses our services what is, and what is not acceptable to us. Our terms of service are written in a way that hopefully most people will be able to understand – but to make things easier on you – the following is a list of the main points you are agreeing to when you use our service:
Finding an attorney is hard. We are an online website for attorneys and those looking for an attorney, and we work diligently to make sure prospective clients are able to easily find attorneys.
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.
This website (the "Website") is a service made available by Congo Ltd. dba Austin.Law (the "Company","Austin.Law","us","we","our") and all content, information and software ordered or provided on or through the Website may be used solely under the following terms of service ("Terms of Service" "TOS").
Our service is a platform for allowing attorneys and individuals seeking legal assistance (collectively "Users") to connect. The Company is not a law firm and does not offer legal representation, legal advice or opinions, recommendations, referrals, or counseling. The Company is not involved in agreements between attorneys and individual(s). The company is not liable for the actions or omissions or any attorney performing services for you. The company is not an attorney referral service. While the Company uses reasonable efforts to ensure that the attorneys who use this site are licensed attorneys, we do not make any warranties, guarantees, or representations as to the qualifications, competence, legal ability, or quality of any attorney. The Company does not warrant or guarantee that attorneys are covered by professional liability insurance. The Company does not guarantee results. Every now and then, our customers may submit reviews of attorneys; these reviews do not constitute a guarantee or warranty regarding the outcome of any future legal matter. Any use or reliance on the Company's customer-generated content you encounter on or through this Website is solely at your own risk. The use of this Website and the Company's services does not create an attorney-client relationship with either the Company or any attorney.
As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content in accordance with these Terms of Service. The Company may terminate this license at any time for any reason.
You represent and warrant that: (i) you are eighteen (18) years of age or older; (ii) your use of the Company's services and this Website will be solely for the purposes that are permitted by these Terms of Service.; (iii) your use of our services and this Website will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Company's services and this Website comply with all local, state, and federal laws, and with all other Company policies.
The Content on this Website is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content without our prior written permission. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted above. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. You may not use the Website or the Content in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of the Company or any third parties or violate any state or federal law. Any unauthorized use of the Website or its Content is prohibited.
By uploading content to or submitting any materials for use on the Website, including, without limitation, interactive areas (e.g., blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer), you grant the Company a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You certify and warrant that your content and submitted materials: (i) are your original works or that the owner of such works has expressly granted to the Company a similar license for said works with all of the rights granted by you in this paragraph and (ii) do not violate and will not violate the rights of any third party, including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right. If you have submitted a photo, you agree that this photo may be included in the Website or, if you have not submitted a photo, then the Company may, but is not obligated to, display a stock photo or legal image. You hereby consent to the use of such stock photos or images. You agree that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary or other right in uploaded content or submitted materials. You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation on the Website. Some content on the Website includes auto generated publicly available attorney information that may be unclaimed by an attorney User. Upon claiming an auto generated attorney profile you submit to the terms of this paragraph and the Website's Terms of Service.
You shall not post, publish, upload or distribute any content or materials which are unlawful or abusive in any way, including, but not limited to, any materials that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Uploaded content and materials shall not contain protected health information. You are strictly prohibited from submitting materials that are considered protected health information under the Health Accountability and Portability Protection Act of 1996 (HIPPA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). The Company has no obligation to monitor or screen your content and is not responsible therefor; however, the Company reserves the right, in its sole discretion, to monitor, screen, edit and remove such content or cause such content not to be posted, published, uploaded or distributed, at any time and for any reason or no reason.
The Company has the right, in our sole discretion, to determine whether or not any of our customer conduct complies with these Terms of Service, to modify the service being received, or to terminate or deny access to the use of the Company's services to any of the Company's customer for any reason, with or without prior notice. The Company reserves the right to modify the services, or terminate accounts based on, but not limited to, falsifying information, misrepresentations of any kind, reselling any of the Company's services, or lack of activity.
By use of the Website, Users may access authorized third party software platforms and/or integrations. By using the Website, you agree to the terms and conditions of usage of any third party software. You can view the Website without registration. If you wish to access the Website for the purpose of scheduling appointments or meetings then you will be required to register with us and open an account. Certain functionality may only be available to attorneys who have agreed to subscribe to the Website. When you agree to subscribe you will choose a subscription type and a subscription period. We offer different types of subscription with different levels of service and functionality available for each subscription type. We may also offer different subscription periods and we may allow you to subscribe monthly, annually or on some other periodic basis. We currently offer standard and premium subscriptions on either a monthly or an annual basis. Please note that we reserve the right to add or remove services and functionality from any subscription type or to add or remove subscription types. We also reserve the right to change our subscription periods. When we change our subscription types or subscription periods you will be entitled to keep your existing subscription until the end of your then-current subscription period and at the end of that period you will be required to subscribe on the new basis. We may offer a free trial period during which we allow you, for a limited period, to access functionality which is usually only available to subscribers. Once a trial period ends if you do not take out a subscription we reserve the right to withdraw your access to the Service. We may, at our sole discretion, extend any trial period. The Website provides, among other third party integration, access to an online scheduling and booking system ("Booking System"), which is available to the public for personal and enterprise use, which provides its registered members with a scheduling and booking platform for appointments and meetings. The Booking System operates by linking with a third party calendar account (e.g. Google Calendar) and communicating with you by email. In order to use the Booking System you will need both a third party calendar account and an email account. In order to ensure that the Booking System provides an accurate and effective tool both accounts will need to be active and monitored regularly. As an attorney User, in order to allow for bookings to be made using the Booking System you must provide a link to one of your booking grids to and individual user. The Booking System will take availability information from your third party calendar account and display that information to the individual and the individual can then select an appointment time from a live calendar application on the Website. You can opt to automatically confirm the booking, or you can notify the individuals whether you wish to accept or reject the time proposed. Please note our system sends emails on your behalf using a third party provider, however, we cannot guarantee that emails will not occasional be blocked by spam filters, bounced or in some other way not be delivered.
The Company disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. The Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Website.
Content contained on or made available through the Website is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on the Website or materials linked from the Website is at your own risk. Neither Company nor the Website is a lawyer referral service and the Content on this Website and other resources and information, is for personal use only. All users are encouraged to make their own independent investigation and evaluation of any information posted on the Website. Any agreements regarding legal services or fees must be done outside the scope of the Website and are strictly between the user and the third party and do not involve Company in any way. Company is not a law firm. Company does not receive any portion of any attorney's or law firm's fees. Company is not involved in or responsible for any transactions that might occur, and Company does not guarantee that such transactions will occur. You are solely responsible for compliance with all laws, rules and regulations.
If you are an attorney participating in any aspect of this Website, including but not limited to interactive areas, a) you agree not to provide specific legal advice in any of your content and to draft content which is appropriate, educational, and in accordance with attorney ethics requirements, b) you represent and warrant that you are an attorney in good standing with a license to practice law in at least one of the 50 United States of America or the District of Columbia, c) you agree to promptly notify Company of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license, d) you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of attorney-client relationships, failure to maintain client confidences, unauthorized practice of law, and misrepresentations of fact. Company disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that by having a profile on this Website, you will not offer legal advice in such profile, but will only provide general information. Company highly recommends that you include a disclaimer regarding the aforementioned advertising and ethics issues. Company will have no liability to you arising out of or related to your compliance or noncompliance with such laws and rules, or related to Company's inclusion or failure to include a disclaimer.
Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under any law, rule or regulation, including, without limitation, copyright or other intellectual property rights. You agree that the Content and Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
The Company reserves the right to remove any content or links that allegedly infringe another person's copyright. The Company will terminate, in appropriate circumstances, subscribers and account holders of the Company's system or network who are repeat infringers of another person's copyright. Notices to the Company regarding any alleged infringement should be directed to 701 Brazos St. 16th Floor, Austin, TX, 78701;
You shall not distribute to any persons or entities identified via the Website any content or material containing solicitations or advertising of any kind without the express prior written permission of the Company. Attorneys and law firms are prohibited from soliciting employment from prospective clients through the Website or any of its interactive features. In no event may any person or entity solicit any users with data retrieved from this Website.
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. The Company will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
Certain sections of this Website require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform the Company of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. The Company does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify the Company immediately by contacting us at https://austin.law/contact.
The Company does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Company does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. The Company may make improvements and/or changes to its features, functionality or Content at any time.
Third party content (including, your or other users' content) may appear on this Website or may be accessible via links from this Website. The Company is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of the Company. Further, information and opinions provided by employees and agents of the Company are not necessarily endorsed by the Company and do not necessarily represent its beliefs and opinions.
THE WEBSITE, INCLUDING ALL FEATURES AND CONTENT, IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE, (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR (G) PUBLICLY AVAILABLE INFORMATION THAT IS GATHERED TO POPULATE ATTORNEY PROFILES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING ALL FEATURES AND CONTENT. THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, COMPANY'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against the Company, its parents, subsidiaries, partners and affiliates, and its and their respective directors, officers, employees and agents, licensors, suppliers and representatives and any third party information providers, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Website, any disclosure of information resulting from your use of the Website, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Website or otherwise.
You agree to indemnify, defend and hold the Company, its partners and affiliates and its and their respective officers, directors, employees, agents, licensors, suppliers and representatives and any third party information providers to this Web Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, relating to or arising out of (i) your use of the Website and (ii) any violation of these Terms of Service by you or arising from or related to any content or materials uploaded or submitted by you.
The provisions of paragraphs 20, 21, 22 and 23 are for the benefit of the Company, its parents, subsidiaries, partners and affiliates and its and their respective officers, directors, employees, agents, licensors, suppliers and representatives and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
The Company reserves the right to investigate complaints or reported violations of the Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including but not limited to the right to block access from a particular Internet address to the Company's Websites and its features.
The Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. You hereby consent and submit to the sole and exclusive jurisdiction and venue of the state and federal courts located in Texas to resolve any action arising out of or relating to the Terms of Service. The aforementioned choice of venue is intended to be mandatory and, not permissive, in nature.
The Company reserves the right to change these Terms of Service at any time. Updated versions of the Terms of Service will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Service. Continued use of the Website after any such changes constitutes your consent to such changes.
I hereby agree and certify as follows:
If I am a subscriber to the Standard or Premium subscription service ("Service"), I will be referred to as a Standard or Premium Subscriber Attorney and agree to the following terms below in addition to all other Terms of Service:
I declare under penalty of perjury, pursuant to the laws of my State of practice, that the foregoing is true and correct.