ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS INCLUDE, WITHOUT LIMITATION, YOUR INDEMNIFICATION OBLIGATIONS, LIMITATIONS ON OUR LIABILITY, A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE WEBSITE IS NOT DIRECTED TO CHILDREN, AND PERSONS UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITE. USING THIS WEBSITE INDICATES THAT YOU AND/OR YOUR COMPANY SHALL BE DEEMED TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THIS WEBSITE.
Please read the following terms and conditions carefully before accessing our websites (www.inpersuit.com) or any other website linking to these Terms and Conditions, hereafter the “Websites”). InPerSuit Inc. d/b/a InPerSuit™ (hereinafter “InPerSuit,” the “Company,” “we,” or “us”) operates websites, software, and other applications relating to legal services (collectively, the “Services”). These Terms, including any schedules and supplemental terms (collectively, these “Terms and Conditions”) apply to our Websites and Services on which we display or post a direct link to these Terms. If there is any conflict between these Terms and any supplemental terms to our Websites or Services, the supplemental terms will control. These Terms do not apply to other websites and services that do not display or link to these Terms.
By using our Websites and Services, you agree to these Terms and Conditions as a legal contract between you and us. We may post changes to these Terms at any time, and any such changes will be applicable to all subsequent access to or use of our Websites and Services. If you do not accept and agree to all provisions of these Terms, now or in the future, you may reject these Terms by immediately terminating all access and use of our Websites and Services, in which case any continuing access or use of our Websites or Services is unauthorized. By visiting our Websites, creating an account, or otherwise using our Products and/or Services, you (“you or “user”) (collectively, you and InPerSuit Inc. are referred to as the “Parties”) assent and agree to all these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE, OUR PRODUCTS OR SERVICES.
Age
Our Websites are intended for users who have reached the age of majority in their state of residence and who can form a legally binding contract. No use of the Products, Services or Websites is permitted by those under the age of majority in their state of residence. By using the Website, Products or Services, you represent that you are at least 18 (or the age of majority in your state of residence) or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website, Products or Services.
Changes to Terms
We reserve the right, at our sole discretion, to change, modify, or alter these Terms at any time. Such changes shall become effective immediately upon the posting thereof. The most current version of these Terms will be linked from the footer of the Website. We will alert you about any changes by updating the “Last updated” date at the bottom of these Terms, and you waive any right to receive specific notice of each such change. You have the obligation to review the most current version of the Terms and agree to be bound by any changes prior the continued use of our Products, Services or Websites.
Privacy
By using the Website, Products or Services, you agree to be bound by our Privacy Policy posted on the Website, which is incorporated into these Terms This Privacy Policy, incorporated herein by reference, explains what information the Website, Products or Services may collect or gather from you on or through the Website, Products or Services and how Company will use and protect your information. The Website, Products or Services may use data collected from you and/or your use of our Products, Services or Websites, including browsing history data or cookies, in accordance with the Privacy Policy. Unless otherwise stated, Company cannot guarantee the security of any data submitted through the Internet or by e-mail. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
Confidential Information
Company and user agree to treat all information as confidential. InPerSuit will use reasonable efforts to avoid eliciting information from Consumer and Lawyer that causes waiver of attorney-client privilege, legal work product privilege or other privileged information. The information regarding legal services found on Website is intended solely for general informational purposes and is not the provision of legal services by InPerSuit. This information provided by Company is not the same as communicating with or asking questions to a licensed attorney, and otherwise using the Services does not create an attorney-client relationship between you and Company. It is not a substitute for in-person, video or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue.
Information about the law on the Website is for informational and educational purposes only. Nothing on the InPerSuit™ Website should be construed as legal advice. For legal advice, consumer must consult a licensed attorney. Nothing on the InPerSuit Website should be construed to constitute an attorney-client relationship. Contacting a lawyer from the InPerSuit Website, Products or Services does not create an attorney-client relationship with said lawyer or any confidential relationship with any party. An attorney-client relationship is formed only after mutual assent by both parties.
Interactions Between Lawyers and Consumers
InPerSuit operates a platform where lawyers unaffiliated with InPerSuit can offer information, services and interact with consumers. Any attorney-client relationship formed as a result of interactions with a lawyer and consumer by way of InPerSuit is between the consumer and the lawyer—not between InPerSuit and the consumer.
No Endorsement
InPerSuit does not endorse or recommend any lawyer or legal service. Any designation of specialization or certification for any lawyer is granted by the certifying organization or agency, and not by InPerSuit or said lawyer. Any statement that a lawyer is a member of an organization should be construed merely to indicate that said lawyer is a member of said organization, and should not be construed to indicate or claim special competence on part of said lawyer.
InPerSuit does not endorse any organization, association or certifying agency, and provides information regarding membership and certification only for informational and educational purposes.
Copyrights, Trademarks, and Other Proprietary Information
All rights are expressly reserved. Unless otherwise expressly and unequivocally indicated, all source code, functionality, software, website designs, audio, visual, text, photographs, and graphics of the Website, including all trademarks, service marks, and logos contained therein (collectively, the “Content”), are owned or controlled by InPerSuit or licensed to the Company and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. No material or Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website. Company and its licensors retain all proprietary rights to the content and technology.
License
By offering our Website, Products and/or Services for use, InPerSuit provides you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of this information, strictly in accordance with and subject to adherence with these Terms. You may not copy, download, upload, publish, republish, transfer, sell, sublicense, decompile, reverse engineer, dissemble, rent, or use software, such as robots or spiders, to determine the Website or Services architecture of or extract information from, the Website, Products or Services except under these Terms. You may not solicit any person using information collected from InPerSuit’s Website, Products or Services except as permitted herein. Company reserves the right to terminate this license at any time and for any reason at our sole discretion. Except for the limited license set forth in these Terms, Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Conduct
The Website includes areas in which users may post content and information By using the Website, you agree not to post any text, files, images, video, audio, or other materials (“User Content”) or otherwise use the Website in any way that:
- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Interferes with any other party’s use and enjoyment of the Website or any of the Content, information, Products or Services provided on the Website;
- Violates any local, state, federal, or international law, rule, or regulation;
- Threatens, harasses, or is libelous, defamatory, hateful, violent, obscene, pornographic, or otherwise offensive;
- Is harmful to minors;
- Contains self-benefiting advertising or marketing in public areas of the Website that have not been paid for and are not designated for the addition of promotional content;
- Produces software viruses or code act in any manner that could harm, infect, take over, disable, overburden, or otherwise impair other computer systems, including the servers, networks, and other components connected to or used for the Website;
- Disrupts the normal dialogue of users of the Website;
- Employs misleading or false information;
- Uses forged headers or other items to manipulate identifiers in order to disguise the origin of User Content;
- Attempts to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for the Website, through password mining, hacking, or any other means.
Registration of Information
Particular sections of the Website may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to said information. We may store and process your personal information in systems located outside of your home country. Each registration is for a single user only, unless otherwise expressly provided otherwise on the registration page. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your personal computer, and you agree to accept responsibility for all activities that occur under your account or password. You are responsible for complying with all applicable laws in connection with your use of the Website, Products or Services.
Termination
You acknowledge and agree that, in case of misuse of your account, we may terminate further access to the Website, Products or Services, or take such other action as we, in our sole discretion, deem appropriate. Company shall not be liable to you or any third party for termination of Website, Products or Services access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Website, Products or the Services. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Communications from InPerSuit
In compliance with federal, state and/or international consumer protection laws, our Company requires your consent before calling or sending text, SMS and/or other applicable electronic communications or messages. By providing your contact information and requesting the Company’s products/services, you expressly consent to receive transactional (non-marketing) communications from our Company, its affiliates and/or agents. You agree to receive communications or messages about your account, features, products, services, meetings, scheduling, reminders, push notifications or other transactional information by phone, SMS, text message or other electronic communication. Standard text messaging charges applied by your cell phone carrier may apply. You consent to receive these transactional communications and that all agreements, notices, disclosures, and other communications provided electronically constitute written communication.
In further compliance with applicable consumer laws, our Company also requires prior express written consent before we will communicate or message you marketing and/or promotional information. You may “opt-in” to receive marketing and/or promotional communications/messages by clicking a designated checkbox indicating your express consent to receive these communications in your initial request for our product/services and/or whenever you sign in to our portal. Your consent to receive marketing and/or promotional information is not a condition to use the Website or purchase the Company’s products/services.
You may revoke consent and/or opt-out of receiving calls, text, SMS and/or applicable electronic communications/messages at any time by notifying our Company. You may “opt-out” of these communications/messages by providing written/electronic notice to the Company, by calling and notifying the Company’s customer support, by replying to stop or opt-out as instructed in any Company generated communication, or through any other reasonable means under the law.
Compliance with Applicable Laws
Users who receive personal information of other individuals through the Website, Products or Services are responsible for complying with all applicable laws, including but not limited to applicable data protection laws and telemarketing laws. For example, if another user disclosed a mobile number to you in the course of business but did not give you specific permission to send marketing messages, you may not have permission to send text messages to that mobile number. Also, some federal and state laws restrict the hours and days when marketing calls can be made. Before using the Website, Products or Services, you agree to review and abide by all federal, state, and local laws, statutes and regulations as well as applicable text/SMS/MMS messaging/telecommunications industry guidelines, including, but not limited to, the following laws and guidelines, and to check for any revisions, as they may be amended over time:
- Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., and related regulations, 47 C.F.R. Part 64.1200, et seq.;
- Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, et seq.;
- Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act of 2003;
- Mobile Marketing Association (“MMA”) U.S. Consumer Best Practices Guidelines for Messaging;
- Cellular Telecommunications Industry Association (“ CTIA”) Best Practices and Guidelines for Location-Based Services;
- CTIA Messaging Principles and Best Practices;
- CTIA SMS Interoperability Guidelines; and
- CTIA Short Code Monitoring Program Handbook. You represent and warrant that the owners of the phone numbers to which you transmit outbound text messages through, or with information obtained by, the Website, Products or Services have expressly consented or otherwise opted-in to the receipt of such messages, in accordance with the TCPA, the TSR, and other applicable federal, state, local laws, statutes and regulations and industry guidelines. You acknowledge that you are solely responsible for all acts or omissions or violations of law that may occur in connection with your use of InPerSuit’s Website, Products or Services.
You also agree to defend, indemnify and hold harmless Company from and against any claims or damages which may result from your use of the Website, Products and Services as discussed below in the “Indemnification” section. We reserve the right to hold, suspend or terminate your account or access to the Website and/or Services for any alleged violation of these Terms.
Costs and Fees
In accordance with our Pricing Policy, InPerSuit™ charges participating lawyers costs or fees associated with the use of our Website, Products or Services. Participating lawyers are each responsible for any costs or fees for use of our Website, Products or Services. Participating lawyers agree to pay these costs and fees in accordance with our Pricing Policy as invoiced and further authorize InPerSuit or our designated payment processor to charge the specified credit card, debit card, bank account or other payment method for such cost or fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
Consent to Electronic Communications
When you use our Websites OR Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. 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.
Electronic Contracting
Your use of our Websites and Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE WEBSITES OR OUR SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Third-Party Website and Content
Our Website, Products or Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website. If you decide to leave the Website and access the Third-Party Websites, you do so at your own risk. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of our Website, Products or Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website.
Applicable Law
The laws of the State of Delaware will apply to any disputes arising out of or relating to these Terms and the use of the Website. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms and Conditions shall be brought and maintained in Circuit Court of Shelby County, Alabama and subject to the mandatory Arbitration, Waiver of Class Action Suits, and Dispute Resolution provision herein. You further agree to waive all defenses or objections to such jurisdiction and venue.
Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable legal fees, resulting from or arising out of your use of the Website, Products, Services, breach of these Terms, any breach of your representations and warranties set for in these Terms, your violation of the rights of a third party (including but not limited to intellectual property rights), or any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims, including payment of our attorneys’ fees and costs.
Arbitration, Waiver of Class Action Suits, and Dispute Resolution
Although we hope we never have a dispute, if such an event does arise, the Parties agree to attempt to resolve the issue informally first. You may contact us through the means described on the Service, if available (for example, in the “Contact Us” section), or if no such means are specified, contact us as described in our Privacy Policy. However, if Company is unable to resolve your complaint informally, the dispute will be finally and exclusively resolved by binding arbitration. IN THE EVENT ANY CLAIM CANNOT BE INFORMALLY RESOLVED, THE PARTIES AGREE TO ARBITRATE ALL CLAIMS ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE TERMS OF THE ARBITRATION PROVISIONS OF THESE TERMS AND CONDITIONS, RATHER THAN LITIGATE THE CLAIM IN COURT, INCLUDING ANY ISSUES RELATING TO THE SCOPE, APPLICATION, AND ENFORCEABILITY OF THIS ARBITRATION PROVISION. ARBITRATION MEANS YOU WILL HAVE A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY ENTERING INTO THIS AGREEMENT, THE PARTIES EACH AGREE TO WAIVE (I) THE RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS AND (II) THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION IN COURT OR A CLASS ARBITRATION. THIS SECTION SHOULD BE BROADLY CONSTRUED TO COVER ANY CLAIM RELATING TO ANY ASPECT OF YOUR RELATIONSHIP WITH US, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM ARISING OUT OF OR RELATED TO THE WEBSITE, THE SERVICES, OR THESE TERMS. THESE TERMS AND CONDITIONS WILL CONTINUE TO APPLY EVEN IF YOU DISCONTINUE USE OF THE WEBSITE AND/OR THE SERVICES.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO OUR PRODUCTS, SERVICES, THIS WEBSITE OR THESE TERMS AND CONDITIONS SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY JAMS AND GOVERNED BY THE THEN CURRENT JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF SUBJECT TO THE APPLICABLE LAW PROVISION HEREIN. THE ARBITRATION PROCEEDINGS SHALL BE CONDUCTED BEFORE A PANEL OF THREE (3) NEUTRAL ARBITRATORS. THE PLACE OF THE ARBITRATION SHALL BE IN SHELBY COUNTY, ALABAMA. IF THE PARTIES AGREE IN WRITING, THE PARTIES MAY AGREE TO ARBITRATION BEFORE ONE (1) NEUTRAL ARBITRATOR INSTEAD. ANY AWARD IN AN ARBITRATION INITIATED UNDER THESE TERMS OF USE SHALL BE IN ACCORDANCE WITH APPLICABLE LAW. YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN ANY ARBITRATION INITIATED HEREUNDER, THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO (I) AWARD TO YOU ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, LOST PROFITS OR PUNITIVE OR OTHER DAMAGES, AND/OR (II) RULE ON THE VALIDITY OR ENFORCEABILITY OF YOUR AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION PROVISIONS OF THIS SECTION WILL REMAIN IN FULL FORCE AND EFFECT.
Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Streamlined Arbitration Rules and Procedures . The arbitration may be conducted in person, through the submission of documents, by phone, or online. Except where otherwise required by the applicable JAMS rules or applicable law, the arbitration will take place in Shelby County, Alabama. Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEARfrom when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting a claim, any claim must be asserted within the shortest time period permitted by applicable law.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute must be commenced or prosecuted in courts located in Shelby County, Alabama, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Non-Waiver
Failure or delay by InPerSuit to enforce compliance with any term or condition of these Terms shall not constitute a waiver of such term or condition.
Disclaimer
You agree that your use of our Website, Products or Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Website and your use therefore, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of our Website, Products or Services’ Content or the content of any websites linked to the Website and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, and/or (3) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content otherwise made available via the Website. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. You agree that the Company offers its Services with no guarantee of results of any kind. You understand and agree that any results that occur during the period of interactions you have with the service, whether positive or negative, are the effects of your own personal choices.
Limitation of Liability
Under no circumstances shall Company be liable for direct, indirect, incidental, special, consequential, or punitive damages resulting from any aspect of your use of our Website, Products or Services including but not limited to damages that arise from your inability to use the Website or the Services or the interruption, modification, or termination of the Website or any service or part thereof. This limitation of liability applies regardless of, but is not limited to, whether the alleged liability, harm, injury, loss, or damages arose from authorized or unauthorized access to or use of our Website, Products or Services; any inability to access our Websites, Services, or Content, or any removal, deletion, limitation, modification, interruption, suspension, discontinuance, or termination of our Websites, Products, Services, or Content.
Integration
These Terms and Conditions constitute the entire agreement between you and Company with respect to the subject matter of these Terms and supersede and replace any prior version of the Terms and Conditions.
Contact Information
If you have any questions about these Terms, our Website, Products, Services or Content, you may contact us via our Contact Us page.