Terms and conditions

Last Updated: December 17, 2019

THESE TERMS AND CONDITIONS DESCRIBE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS REGARDING THE USE OF THE APPLICATION SERVICES OUR PLATFORM PROVIDES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

The LegalBreeze Terms and Conditions is comprised of the following agreements:

1. User Agreement;
2. Privacy Policy;
3. LegalBreeze Conditional License Agreement; and
4. Use of Trademarks Policy.

LegalBreeze may, from time-to-time, amend any of the Terms and Conditions. LegalBreeze will provide reasonable advance notice of any amendment that impacts your rights or responsibilities by posting an updated version of the Terms and Conditions on the Website. The effective date (“Effective Date”) of any amendment to the Terms and Conditions will be the “Last Updated” date set forth on Page 1 of any of these Terms and Conditions.

YOUR USE OF THE WEBSITE OR SERVICES AFTER THE EFFECTIVE DATE, IS YOUR ACKNOWLEDGMENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING THE DISPUTE RESOLUTION PROVISIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS AS OF ANY EFFECTIVE DATE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR ANY OF THE LEGALBREEZE SERVICES.

1. User Agreement

This user agreement (this “User Agreement”) sets forth the terms and conditions governing the relationship between LegalBreeze, Inc. (hereinafter referred to interchangeably, as the context requires, as the “Company”, “LegalBreeze”, “we”, “We”, “our” and “Our” and similar derivations thereof), individuals who visit our website (“Visitors”) at https://legalbreeze.com/ (“Website”), and consumers and lawyers who register to use (“Users”) the application services (“Services”) our platform provides.

Visitors and Users are required to read and must agree to accept the terms and conditions set forth in this User Agreement in order to use the our Website and our Services.

Each reference to a Visitor or a User in any of the Terms and Conditions shall be deemed a reference to said person or entity in its respective capacity, and all rights and obligations of a User described in any in any of the Terms and Conditions shall inure to the benefit or detriment of a Visitor insofar as the context requires and refers to the use of the Website or our Services.

USER AGREEMENT TABLE OF CONTENTS

1.1 LegalBreeze Accounts
1.1.1 Account Registration
1.1.2 Account Eligibility
1.1.3 Account Profile
1.1.4 Account Types
1.1.5 Permission Settings
1.1.6 Identity and Location Verification
1.1.7 Username and Password
1.2 LegalBreeze Overview
1.2.1 User Relationship with LegalBreeze
1.2.2 Taxes
1.2.3 Platform Reviews, Star Ratings, Feedback and User Content
1.3 Lawyer and Consumer Relationship
1.3.1 Legal Service Engagements
1.3.2 Confidential Information
1.4 Relationship Between User and LegalBreeze
1.4.1 Relationship Classification
1.4.2 No Formation of Attorney-Client Relationship
1.4.3 Legal Advertising and Communications
1.5 LegalBreeze Fees
1.5.1 Service Fees Paid by Lawyers
1.5.2 Processing Fee
1.5.3 No LegalBreeze Service Fees for Consumers
1.5.4 No Referral Fees Paid by or to LegalBreeze
1.5.5 No Return of Funds
1.5.6 Credit Card Information
1.6 Agreement to Not Bypass Our Platform
1.7 Disclaimer of Warranty
1.8 Limitation of Liability
1.9 Release
1.10 Indemnification
1.11 Agreement Term and Termination
1.11.1 Termination
1.11.2 Access to Data
1.12 Dispute Resolution Process
1.12.1 Good Faith Negotiations
1.12.2 Choice of Law
1.13 General
1.13.1 Entire Agreement
1.13.2 Captions
1.13.3 Interpretation
1.13.4 Waiver
1.13.5 Successors and Assigns
1.13.6 Severability
1.13.7 Access of the Website
1.13.8 Governing Law
1.13.9 Survival

2. Privacy policy

Last Updated: December 17, 2019

LegalBreeze, Inc. (hereinafter referred to interchangeably, as the context requires, as the “Company”, “LegalBreeze”, “we”, “We”, “our” and “Our”), is committed to protecting the privacy of individuals who visit our website (“Visitors”) at https://legalbreeze.com/ (“Website”), and consumers and lawyers who register to use (each, a “User”) the application services (“Services”) our platform provides.

We have written this Privacy Policy to describe what information we collect, how we collect it, how we use it and how we share it when you visit our Website. We have also described the methods we use to protect the information we collect.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. We will conspicuously post the fact that we have changed the Privacy Policy on the Website if we make a material change. We encourage Visitors and Users to frequently check this page for any changes to our Privacy Policy. Your continued use of the Services after the effective date of a revised version of this Privacy Policy constitutes your acceptance of its terms.

WE COLLECT PERSONAL INFORMATION

You may provide us with certain Personal Information when visiting our Website. Personal Information means information which a person could use alone or in combination to identify or locate an individual. For instance, your name, address, email address, payment information, photograph and telephone number are all Personal Information.

We collect Personal Information from you if you register as a consumer or lawyer to become a User by creating an on-line account. In addition, a lawyer who registers as a User will be asked in the lawyer’s online profile to provide a State Bar number, area(s) of legal service specialty, hourly or flat fee rate structure, hours of operation and other Personal Information the lawyer may choose to provide in order to enhance the lawyer’s profile.

You may purchase products or Services through our Website using a credit or debit card or via Stripe or PayPal (if those options are available). When you make a purchase your payment information is provided directly to our third-party payment processor that meets credit card industry privacy requirements. We do not directly access, handle, or store your credit or debit card information. We will maintain a record of the purchases that you make from the Website.
We may combine Personal Information with Electronic Data or information obtained from third parties. To the extent we combine that data, we will treat it as Personal Information unless we use it in a de-identified form.

WE COLLECT ELECTRONIC DATA

When you visit our Website, the computer servers we use to operate the Website will automatically collect electronic data regarding your visit (“Electronic Data”). Unless otherwise provided by law, Electronic Data does not include Personal Information. However, we will treat Electronic Data as Personal Information (i.e., IP address or geographic information) if, and to the extent required, by law. In particular, we collect:

  • IP addresses (the address assigned to the computers and other devices from where you access the Internet);
  • Name of your internet company;
  • The number of the device you are using to access the Website;
  • Your approximate geographic location;
  • Statistics on countries visited and language preferences;
  • The type of web browser you are using to get to the Website (e.g., Chrome, Bing, Explorer);
  • The pages you access on our Website and the time you spent on the Website; and
  • The websites you access before and after visiting our Website.

HOW WE USE PERSONAL INFORMATION AND ELECTRONIC DATA

  • We will use and share your Personal Information and other Electronic Data for the following reasons:
  • To communicate with you;
  • To administer your account;
  • To take job applications;
  • To assist with your payments;
  • To provide customer support;
  • To respond to your requests;
  • To notify you of changes to our Terms of Use or this Privacy Policy;
  • To provide promotional materials;
  • To improve our products and Services and the Website content;
  • To operate and monitor the Website and to help prevent fraud;
  • To protect our legal rights or the rights of others;
  • To respond to judicial or legal process;
  • To assist with our marketing and communications plans and strategies;
  • To evaluate needs of our customers and potential customers;
  • To generate statistical information;
  • To aggregate data for our business; and
  • For business transactions including the sale of our Company or merger of our Company with another company.

COOKIES AND OTHER TRACKING TECHNOLOGIES

We use cookies to track your use of our Website. Cookies are used to enhance your user experience and to help us improve our Website.

A “cookie” is a small piece of information that is stored on your device’s hard drive by your web browser when you visit certain websites. We use cookies to:

  • track how you access and use the Website;
  • learn when and how Visitors visit the Website;
  • identify how often a Website page is used;
  • learn which search terms are used to find the Website;
  • learn which websites direct you to the Website;
  • recognize Website Visitors and Users;
  • display certain information on the Website and to improve your enjoyment of the Website and our Services; and
  • For statistical purposes to improve the products and Services we provide and to manage our telecommunications networks.

We use cookies we place on the Website and cookies placed by our third party service providers such as advertisers (“Third Party Cookies”). However, we do not control Third Party Cookies or the information collected through them and expressly disclaim responsibility for information collected through Third Party Cookies.

Acceptance of Cookies/Disabling of Cookies. Most browsers automatically accept cookies. However, most browsers allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete cookies stored previously. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new computer, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The type of data collected and how it is used depends on the type of cookie. There are several common types of cookies. We may combine information collected by cookies with other data.

  • Operationally necessary cookies (also called essential cookies). These cookies are required for the operation of the Website. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Website to make use of its functions (for example, shopping carts, saved search, and similar functions). Without these essential cookies, services that you have requested cannot be provided.
  • Functionality-related cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Website. This may include remembering choices you make, remembering your username, preferences, or settings, remembering if you reacted to something on or through the Website so that you are not asked to do it again, remembering if you have used any feature of the Website before, restricting the number of times you are shown a particular advertisement, remembering your location, and enabling social media components. As described above, you may disable functional cookies, but if you do so then various functions of the Website may be unavailable to you or may not work the way they were designed.
  • Performance-related cookies (also called analytical cookies). These cookies assess the performance of the Website, including to help us understand how Visitors and Users use and interact with the Website. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our Website works and provide a better, personalized user experience.
  • Advertising or targeted cookies. These cookies record your visits to the Website, the pages you visit on the Website, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website.

We and our third-party advertising platforms or networks may use this information to make the Website, its content, and advertisements displayed on our Website more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed below). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

Other Tracking Technologies. Our Website may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). A web beacon is a tiny graphic with a unique identifier that functions similar to how cookies function. However, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Pixels can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests.

Location Information. In addition to the approximate geographic location information collected as described above, we may, with your consent, access more specific location information to enhance the user experience and increase the usefulness of the Website. This includes geographical location information collected by device-based location services (including GPS data). You may choose to allow us to access your location by granting the Website access to your location when prompted or through your device’s location services settings. We also use the Google Maps API(s). Pursuant to the Google Maps APIs Terms and Conditions, use of this location feature is also subject to Google’s Privacy Policy. For information on how Google categorizes location information, please visit Types of location data used by Google. Both the Google Terms and Conditions and Google’s Privacy Policy are incorporated into this Privacy Policy by this reference.

Analytics. Our Website uses third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Website, including when you visit the Website, URLs of the websites that you visit prior to visiting the Website and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Website’s structure and content. For more information on how Google uses this data, visit Google’s Privacy Policy and Google’s page on How Google uses data when you use our partners’ sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the https://tools.google.com/dlpage/gaoptoutGoogle Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent us from using other analytics tools and will not prevent data from being sent to the Website itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed above, but that may impact your use and enjoyment of the Website and our Services.

Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Website may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including advertising services provided by Facebook (sometimes referred to the Facebook “tracking pixel”). These services collect information about your visits to and interactions with the Website and other websites and will use that information to target advertisements for goods and services. The information collected may be associated with your Personal Information. These targeted advertisements may appear on the Website or on other websites. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Website and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

If you have a Facebook account but do not wish Facebook to collect data relating to you via the Website, we suggest that you: (a) hide social media platform plug-ins using an ad blocker; (b) always log off completely from Facebook before visiting other websites and delete all related cookies; and, (c) where the option is available, disable the advertising services and networks operated by Facebook.

Additionally, we may have enabled and implemented the following Google Analytics Advertising Features: Remarketing with Analytics, Demographics and Interest reporting, Campaign Manager Integration, Display & Video 360 integration, Google Display Network (GDN) Impression Reporting, and Segments. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Website. Demographics and Interest reporting uses a third-party cookie to collect information about our Website traffic by tracking users across websites and across time, which generates a report for us to better understand Website users. Campaign Manager Integration allow us to view, analyze, and create remarketing lists using our Campaign Manager data in Google Analytics. Display & Video 360 integration allows us to create remarketing lists in Google Analytics and have those lists available in Display & Video 360. Google Display Network (“GDN”) Impression Reporting allows us to measure the impact of unclicked GDN Display ad impressions on website behavior and conversions. Segments allows us to isolate and analyze subsets of Website users by sorting our Google Analytics data. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Website.

WHEN WE SHARE PERSONAL INFORMATION AND ELECTRONIC DATA

We do share Personal Information and Electronic Data with the following categories of persons or companies:

Service Providers. We may share Personal Information and Electronic Data with Service Providers who are required to protect Personal Information from disclosure and to only use such Personal Information for the purposes of performing the requested Services. We use companies that:

Help operate the Website;
Take payments when you pay for a legal service using our Website;
Fill orders you place using our Website;
Help with customer service;
Help us with public relations and marketing advice;
Provide Email service; and
Provide professional services such as accountants and lawyers.

Law Enforcement and Legal Proceedings. We may be required to share data with law enforcement members and with third parties in response to subpoenas, court orders, and valid law enforcement requests. We may also use and share Personal Information to defend our legal rights, or to protect third parties including sharing information necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person. In complying with court orders and similar legal processes, LegalBreeze strives for transparency. When permitted, we will make a reasonable effort to notify Users of such disclosure. However, if you have engaged an attorney through our Services (for example, by entering into an engagement and promising to pay the lawyer any required legal fees or costs), LegalBreeze considers communications and documents shared between consumers and lawyers to be privileged attorney-client communications and, to the extent legally permissible, may notify the engaged lawyer of the subpoena, court order, or governmental request so that the lawyer may respond to the request.

Successors in Business Transactions. If our Company or its assets are subject to a sales process or sold, if the Company is subject to a bankruptcy or reorganization or if the data is an asset transferred or acquired by a third party, we may disclose Personal Information to the subsequent owner(s) or successor(s). We may also disclose such data in connection with the evaluation of those transactions.

CHILDREN’S PRIVACY

LegalBreeze does not knowingly collect information from, or direct any of our content specifically to, children under the age of 18. If we learn or have reason to suspect that a User of our Service is under the age of 18, we will promptly delete any Personal Information in that User’s account.

CALIFRONIA’S PRIVACY RIGHTS

Under California Civil Code Section 1798.83, California residents have the right to obtain:

a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes; and

a description of the categories of Personal Information disclosed.

To obtain such information, please email your request to info@LegalBreeze.com.

DATA SECURITY

We use administrative, technical and physical safeguards to protect the Personal Information we collect. However, we cannot guarantee the security of the Personal Information you provide when using the Website or that the Personal Information will not be lost, altered misused, or stolen. If you become aware of any breach of Website security or this Privacy Policy, please notify us by email at info@LegalBreeze.com immediately.

CONFIDENTIALITY, CONNECTIONS AND DOCUMENT STORAGE

When using our instant connection Services, including chat, email, phone and video conferencing, a consumer User may provide information about the consumer’s legal service needs via online forms on our Website or by speaking with a LegalBreeze employee. This information will be viewed by each lawyer the consumer elects to contact and may be viewed by LegalBreeze employees for quality control and technical support purposes. This information will not be visible to Visitors but is also not confidential insofar as it will be received and viewed by each lawyer you contact and by LegalBreeze employees. Please be careful when sharing information you consider sensitive or confidential via our Services.
LegalBreeze uses third party service providers to transmit, store, encrypt, process and display uploaded documents on your behalf. LegalBreeze has taken measures reasonably necessary to ensure that these Services keep uploaded documents private and secure, but these organizations are ultimately beyond our control. By using the documents feature, you acknowledge that you understand and agree to assume the risks.

ACCESS FROM OUTSIDE THE UNITED STATES

If you are accessing or using the Website from outside the United States, please be aware that data may be transferred to, stored in, and processed in the United States (where our and our suppliers’ servers and databases are located and operated). The data protection and related laws and regulations of the United States might not be as comprehensive as those in the country from which you access the Website.

HOW TO ACCESS YOUR PERSONAL INFORMATION

You may access, update, alter, or delete your basic User profile information by editing your user profile or contacting info@LegalBreeze.com. LegalBreeze will retain User Personal Information for as long as your account is active or as needed to provide you Services. If you wish to cancel your account, delete your Personal Information, or request that we no longer use your Personal Information to provide you Services, please contact info@LegalBreeze.com. We will retain and use your User Personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will seek to delete your full profile within 30 days.

CONTACT US

If you have any questions about this Privacy Policy or the practices described herein, you may contact us by email at info@LegalBreeze.com.

3. LegalBreeze Conditional License Agreement

Last Updated: December 17, 2019

This Conditional License Agreement (this “License Agreement”) governs the use of proprietary software developed and owned by LegalBreeze, Inc. (hereinafter referred to interchangeably, as the context requires, as the “Company”, “LegalBreeze”, “we”, “We”, “our” and “Our”), and software that third parties may license to LegalBreeze (severally and collectively, the “Software”), by individuals who visit our website (“Visitors”) at https://legalbreeze.com/ (“Website”), and consumers and lawyers who register to use the Website (“Users”). LegalBreeze agrees to license the Software to Visitors and Users (severally and collectively, referred to as a “Licensee”) conditioned upon the Licensee’s acceptance and agreement of all of the provisions set forth in this License Agreement.

By installing, using, copying, or distributing all or any portion of the Software, each Licensee hereby accepts and agrees to be bound by all of the provisions of this License Agreement. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS SET FORTH IN THIS LICENSE AGREEMENT DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

Each Licensee’s use of the Software is also conditioned upon and subject to the Licensee’s agreement to the other Terms and Conditions described on our Website, which Terms and Conditions are by this reference hereby incorporated into this License Agreement. Capitalized terms not otherwise defined in this License Agreement have the meanings provided for such terms in the Terms and Conditions.

CONDITIONAL LICENSE AGREEMENT TABLE OF CONTENTS

3.1 Conditional License
3.1.1 Grant of License
3.1.2 Use Restrictions
3.1.3 Intellectual Property Rights
3.2 Warranty Disclaimer
3.2.1 “As-Is”
3.2.2 Privacy Disclaimer
3.2.3 Limitations
3.3 Liability Limitation
3.3.1 Liability Limit
3.3.2 Cap on Damages
3.4 Indemnification
3.5 Privacy and Security
3.6 Update Notices
3.7 Exports
3.8 Termination
3.9 Miscellaneous
3.9.1 Waiver
3.9.2 Audit
3.9.3 Successors and Assigns
3.9.4 Entire Agreement
3.9.5 Survival

4. Use of Trademarks Policy

Last Updated: December 17, 2019

This Use of Trademarks Policy (“Mark Policy”) advises you of LegalBreeze’s rights with respect to its trademarks and whether you can use them. This Mark Policy is a part of and incorporates the Terms and Conditions. Capitalized terms not defined in this Mark Policy are defined in the User Agreement or in the other Terms and Conditions. To the extent permitted by applicable law, LegalBreeze may modify this Mark Policy without prior notice to you, and any such revisions will take effect when posted on the Website, unless otherwise stated in a revised Mark Policy. Please check the Website often for updates.

USE OF TRADEMARKS POLICY TABLE OF CONTENTS

4.1 LegalBreeze Trademarks
4.2 Use of LegalBreeze Logo
4.3 Use of LegalBreeze Trademarks
4.4 Prohibited Use of LegalBreeze Trademarks
4.5 Use of our Copyrights