Updated: June 1, 2019
Part I – Definitions
Part II – General Terms
Before using our Service or Website, Community.lawyer requires you to read and agree to the following Terms. These Terms govern your use of and access to the Website and Services provided by Community.lawyer.
You should review these Terms periodically as we may update them at our sole discretion and without notice:
BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ARE BOUND BY THESE TERMS OF SERVICE. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
YOU MAY NOT ACCESS OR USE THIS Service IF: (I) YOU CHOOSE NOT TO AGREE TO THE TERMS, (II) YOU ARE UNDER 18 YEARS OF AGE, (III) YOU DO NOT HAVE THE FULL POWER AND AUTHORITY TO ENTER INTO AND FOLLOW THESE TERMS, OR (IV) YOUR AGREEMENT TO AND FOLLOWING OF THESE TERMS DOES OR WILL BREACH OR CONFLICT WITH ANY OTHER AGREEMENT OR ARRANGEMENT YOU HAVE WITH SOMEONE ELSE OR OTHERWISE VIOLATES THE LAW.
Community.lawyer does not provide any of the following:
While we provide Services that Users may use to operate their own referral Services, Community.lawyer does not operate a referral Service and does not endorse or recommend any Users (e.g., attorneys or legal organizations).
Any reviews, ratings, or other descriptions of or opinions regarding Users published on Community.lawyer do not guarantee or predict future results and should be relied on solely at your own risk.
Community.lawyer is not a law firm and is not engaged in the practice of law. Users are not employees or agents of Community.lawyer.
Your use of our Service, including but not limited to requesting a consultation or referral from other Users, does not create attorney-client relationships with Community.lawyer or other Users. When Users initiate contact with another User via Community.lawyer and that results in an attorney-client relationship being formed at any time, including but not limited to during a consultation facilitated by our Services, Community.lawyer has no involvement in that relationship nor in any agreements arising out of the relationship. Community.lawyer does not accept any portion of an attorney’s fees, and we are not liable or responsible for any professional Services provided by or acts or omissions of Users.
Community.lawyer does not warrant or represent the accuracy of User identities or claims made by Users. We encourage you to research and, where appropriate, request further proof of any identities or claims made by other Users, particularly when entering into an attorney-client relationship. Where Users provide identity-related information that is untrue, inaccurate, not current, or incomplete, or if Community.lawyer suspects that such information is untrue, inaccurate, not current, or incomplete, Community.lawyer may (but is under no obligation to) suspend or Terminate said Users’ accounts and refuse current or future use of Community.lawyer.
Community.lawyer reserves the right to monitor our Services for the purpose of determining that use of the Service complies with these Terms. YOU AGREE THAT YOU WILL NOT, DIRECTLY OR INDIRECTLY:
Community.lawyer prohibits the conduct and Content described above and, without obligation, may take measures to prevent or eliminate such conduct and Content on Community.lawyer (e.g. pre-screening, monitoring, and/or removing offending Content/conduct). Users agree that they may be exposed to such conduct and Content and that they bear all risks associated with such exposure. Community.lawyer is not responsible for any Content, information, or materials posted by Users, including but not limited to any reliance on the accuracy, completeness, or usefulness of such materials, information, or Content.
Community.lawyer makes available its Content, Services, and Website strictly for authorized use by Users. This does not mean we are assigning any ownership or right of exploitation to Users.
This Agreement is licensed under this Creative Commons Zero license.
Community.lawyer may include Services that allow you to generate Content. You are solely responsible for the Content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Community.lawyer Terms or policies.
You retain ownership of and responsibility for Your Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Community.lawyer Users — certain legal permissions listed in other Sections of these Terms (e.g., Section D.4). These license grants apply to Your Content. If you upload Content that already comes with a license granting Community.lawyer the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted to Community.lawyer. The licenses you grant to us will end when you remove Your Content from our servers, unless you granted a license to duplicate your Content (see Section D.4).
You grant us and our legal successors the nonexclusive, worldwide, and royalty-free right to use, copy, reproduce, display, modify, adapt, distribute, and perform your Content in order to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other Users; parse it into a search index or otherwise analyze it on our servers; share it with other Users; and perform it, in case Your Content is something like an app, music, or video.
The license you grant to us also extends to third-party vendors, Services, and hosting partners we may rely on to provide the necessary hardware, software, networking, storage, monitoring, and other technology reasonably related to rendering the Website and providing the Service. This license does not grant Community.lawyer the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
If you believe that Content on our Website or Service violates your copyright, please contact us by emailing firstname.lastname@example.org or send snail mail to our office address, attention Community.lawyer: 150 Court St, Flr 2, Brooklyn, NY 11201.
There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
Community.lawyer encourages Users to file counter-notifications when they believe a DMCA takedown demand is improper. For information on how to respond to improper demands, consult the Chilling Effects (https://www.chillingeffects.org/) website.
We will terminate the Accounts of repeat infringers of this policy.
Community.lawyer may offer Users paid Services. To use these Services, Users must provide Community.lawyer with a valid credit card for payment. User will be charged in advance during the applicable payment period (e.g., each month or each year for subscriptions).
Users can cancel a subscription at any time by using their account to delete the paid subscription. For security reasons, cancellations cannot be accepted by any other means. No charges will be assessed for cancellation of a subscription. Subscribers who cancel a subscription prior to the end of the current billing cycle will not be charged for that subscription in the following cycle or any cycles thereafter.
The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the User’s email.
As provided elsewhere in these Terms, Community.lawyer has the right to suspend or discontinue providing Services to any User for actions that are in violation of this Agreement. We may (but are under no obligation to) provide prior notice of suspension or termination of paid Services if we believe the violation doesn’t create a security risk or other exigent circumstances.
Community.lawyer may process payment using Stripe, AffiniPay, or any like payment processor that Community.lawyer, in its sole discretion, chooses to use. By using the payment processing Services, Users agree to the applicable services agreement of our payment processor. Community.lawyer makes no warranties or representations in regards to services provided by payment processors.
All charges are final unless otherwise provided in these Terms (e.g., see Part III Section (A)(5)). Users are not entitled to refunds or credits for partial periods of Service but may request such refunds or credits by emailing email@example.com. Community.lawyer takes user satisfaction seriously and may (but is under no obligation to) provide the requested refund or credit in its sole discretion.
Part III – Specific Terms Applicable to Services Provided by Community.lawyer
In accordance with Part II Section D (related to User-Generated Content) of these Terms, you retain ownership of Your Content, including Content incorporated into apps you generate using our Service. Under the conditions described in this Section, you grant certain legal permissions to Community.lawyer and other Users when you perform certain acts in relation to such apps and Content.
Users may create or use an app in test mode. By doing so, you grant no license or permissions to the app and its Content beyond those licenses or permissions otherwise described in these Terms.
Users with paid Accounts may choose to activate an app privately or in a private Community. By doing so, you grant no license or permissions to the the app and its Content beyond those licenses or permissions otherwise described in these Terms.
You may, in your sole discretion, choose to share links or access to the app and its Content with other Users or with the public (e.g., you may share an app for use by others within your law firm, share it with clients, or publicly on your own personal or business website or service). Doing so does not implicate or otherwise trigger the licenses granted under Section A(3).
Community.lawyer provides free hosting for apps that Users activate in a public Community with “run and copy” or “copy only” permissions. Users who choose to activate an app with “run and copy” or “copy only” permissions in a public Community grant each User of Community.lawyer a nonexclusive, worldwide, and royalty-free license to reproduce your Content solely on Community.lawyer (e.g., through duplicating the app and modifying the duplicate version of the app).
You may grant further rights to the apps you activate in public Communities (e.g., the right of Users to download your app’s YAML code and install/modify it on a third-party service or website) by including in your app page’s description the following sentence: “This app is licensed under the MIT License by [full name of copyright holder] as of [year of copyright].” Users who include that sentence (with the name of the copyright holder and year of copyright inserted) incorporate by reference the license below:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.”
If you choose to incorporate the license above, you must do so without making any modifications to the license. Unless provided for in this Section or elsewhere in these Terms, no other licenses or grants or restrictions of rights are permitted in relation to apps you activate in a public Community.
Community.lawyer provides a 30-day money-back guarantee to Users who have a paid subscription to our Service for building apps. The Terms of the guarantee are as follows:
Community.lawyer may act as an integration medium between a Portal Administrator and a third-party payment processing Service in order to facilitate payment from Legal Service Providers or other kinds of Users to Portal Administrators. By using the third-party payment processing services (e.g., PayPal, Stripe, AffiniPay, Authorize.Net), Users agree to the applicable services agreement of the payment processor. Community.lawyer makes no warranties or representations in regards to services provided by payment processors. The payment processor may charge a payment processing fee in its sole discretion. Portal Administrators are solely responsible for refunds and chargebacks.
Developer Mode Docassemble Hosting Service Specifications
The current functional specifications for this Service are as follows: We provide a Service for deploying and maintaining a Docker container running Docassemble on an Amazon Web Services ECS cluster. The Service also provides Users with a Docassemble instance with its own S3 bucket, with up to 10 GiB of storage. Containers share an EC2 m4.large instance as a host, with up to 2 GiB of memory accessible per container. The Service configures SSL web traffic encryption for the User’s Docassemble instance using Amazon ACM.
If Users exceed 10 GiB of storage but do not exceed 50 GiB storage, they will be notified by email and have 48 hours to reduce their storage under 10 GiB, after which time Community.lawyer reserves the right to limit access to or shut down User’s container and permanently delete User’s data. If Users exceed 50 GiB of storage, Community.lawyer reserves the right to limit access to or shut down User’s container and permanently delete User’s data without notice.
Users of the Docassemble hosting Service grant Community.lawyer a non-exclusive, royalty-free right during the User’s use of the Service and the “grace period” (defined below), to use any Content or data transmitted, stored, or otherwise made available via the User’s Docassemble instance for the sole purpose of performing Community.lawyer’s obligations to provide and maintain the hosting Service (e.g. Community.lawyer has the right to store such Content via a third-party cloud-storage provider like Amazon Web Services).
In the event a User of the hosting Service fails to make payment for the continuation of such Service, Community.lawyer may (but is under no obligation to) continue to store some or all of the User’s hosted Content or data for a grace period. Community.lawyer provides the aforementioned grace period purely as a courtesy to our Users and will permanently delete all hosted User data and Content upon request of the account holder initiated by email to firstname.lastname@example.org (additional verification steps will be required) or upon continued nonpayment beyond the grace period, whichever comes first.
The Developer Mode Answers Service provides a Service to store, view, and download responses from completed Docassemble interviews transmitted via API (e.g., responses to interviews hosted on third-party Docassemble servers or via the Developer Mode hosting Service). Note this Service is not related to the Service that enables Users to store responses to apps generated and hosted using Community.lawyer’s app builder.
Users of the Answers Service grant Community.lawyer a non-exclusive, royalty-free right during the User’s use of the Service and the “grace period” (defined below), to use any Content or data transmitted, stored, or otherwise made available to Community.lawyer for the sole purpose of performing Community.lawyer’s obligations to provide, maintain, and update the Answers Service (e.g. storing such Content via a third-party cloud-storage provider like Amazon Web Services or troubleshooting technical issues).
In the event a User of the Answers Service exceeds 1,000 responses in a single month and, after notice from Community.lawyer, fails to reduce their responses below that threshold or fails to enter into an enterprise subscription, Community.lawyer may (but is under no obligation to) continue to store some or all of the User’s hosted answers for a grace period. Community.lawyer provides the aforementioned grace period purely as a courtesy to our Users and will permanently delete all hosted answer data and Content upon request of the account holder initiated by email to email@example.com (additional verification steps will be required) or upon continued nonpayment of the enterprise subscription or non-reduction of answers to below the 1,000-response threshold beyond the grace period, whichever comes first.
Part IV – Disclaimers
While we try to keep Community.lawyer safe, secure, and well functioning, using our Service exposes Users to some risks. Community.lawyer is not responsible for any harm Users may experience. Furthermore:
THE SERVICE, AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. COMMUNITY.LAWYER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUIET ENJOYMENT.
COMMUNITY.LAWYER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE, (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, OR OTHERWISE CURRENT OR COMPLETE, (III) MEET USER REQUIREMENTS, (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE USERS USE OR THIRD PARTY WEBSITES OR APPLICATIONS, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.
Part V – Limitation of Damages
Community.lawyer’s liability for any damages you or a third party may incur is limited as follows:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMUNITY.LAWYER, ITS MEMBERS, AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS’ FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF COMMUNITY.LAWYER OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF COMMUNITY.LAWYER IN CONNECTION WITH THE WEBSITE AND SERVICE EXCEED $100 OR THE AMOUNTS YOU PAID TO COMMUNITY.LAWYER IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.
YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR THEIR STATE OR NATION OF RESIDENCE.
Part VI – Indemnity
You agree to indemnify Community.lawyer for all costs in connection with claims.
You agree to defend, indemnify, and hold Community.lawyer its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members harmless from any damage, loss, cost, or expense (including but not limited to attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action brought or asserted against any of the indemnified parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to your use of the Service; or (iii) arising from or related to your User Content.
If you are required to provide indemnification, Community.lawyer may, in its sole and absolute discretion, control any claim at your sole cost and expense. You may not settle, compromise, or in any other manner dispose of any claim without Community.lawyer’s consent.
Part VII – Changes to the Service; Termination
Community.lawyer may terminate or modify the Service or your use of the website at any time unless termination procedures are otherwise provided in a Software License Agreement the User has separately entered into with Community.lawyer (in which case termination is governed by that agreement) or in another section of this Agreement. Community.lawyer may, in its sole and absolute discretion and without any liability, modify, suspend, or discontinue any aspect of the Service, temporarily or permanently, at any time. We may deny you access to all or part of the Service at any time for any reason or no reason at all. If we Terminate your use of the Service, you must cease all use of the Service immediately. These Terms will survive indefinitely unless and until Community.lawyer chooses to terminate them. Unless otherwise required by law, we will notify you when we make changes to these Terms.
Part VIII – Disputes
If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute, and your contact information and allow sixty days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:
These Terms, your use of the Service, and any other matter relating to Community.lawyer will be governed by the laws of the state of New York, without regard to conflict of laws principles.
These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in New York, New York. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:
First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in New York, New York if the claim and the parties are within the jurisdiction of the small claims court.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICE, OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Part IX – Miscellaneous
Except as provided in any applicable Software License Agreement between Community.lawyer and the User, these Terms make up the entire agreement between the parties regarding Community.lawyer and supersedes any prior agreements.
Under no circumstances will Community.lawyer or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Community.lawyer’s reasonable control.
The Service is controlled and offered by Community.lawyer from the United States of America. Community.lawyer makes no representation that the Service may be used in or complies with the laws of other locations. Use from other locations is at your own risk. You consent to processing in the United States of America of the data you provide.
If you provide us with your email address, you agree that we may send you emails related to the Service or your account. If you do not want to receive promotional emails related to the Service, you can opt out by following the instructions in our messages. You may not opt out of emails relating to the administration of any Service you request. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to communicate with or give notice to us, you must use the address: Community.lawyer, P.B.C., 150 Court St, 2nd Floor, Brooklyn, NY 11201.
You may not transfer your rights or obligations under these Terms without the prior written consent of Community.lawyer. Community.lawyer may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and Community.lawyer. These Terms do not create any third party beneficiary rights. These Terms will be interpreted as if equally drafted by Community.lawyer and you. A party’s failure or delay in exercising (in whole or in part) any right, power, or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future. If any provision of these Terms is declared invalid or unenforceable, then such provision will be deemed automatically amended to the minimum extent necessary to conform to the requirements for validity, and the remaining provisions of these Terms will remain in full force and effect.