Law Scout Terms of Use

Law Scout Terms of Use

Updated April 15, 2016

Summary

The below bullet points provide a short overview of our Terms of Use in simple language. This is not a complete summary of our Terms of Use, which can be found below in full. Please read the entire Terms of Use carefully and contact us with any questions.

  • Law Scout is a technology company that provides tools to automate the legal process, and to facilitate collaboration and communication between lawyers and clients. Law Scout is not a law firm. We do not offer legal representation, legal advice, legal services, referrals or recommendations.

  • Law Scout does not guarantee results or outcomes.

  • The lawyers who you may engage through this website are not employees or agents of Law Scout.

  • Law Scout will not be held liable for any acts or omissions of any lawyer you may engage through this website.

  • You are responsible for the security of your own account and all actions taken within your account, including the protection of your password. Illegal activity is not permitted and will not be tolerated.

  • No solicitor-client relationship is formed between you and Law Scout through your use of its website. You may form a solicitor-client relationship with a lawyer through Law Scout only by executing a separate engagement agreement with that lawyer.

  • While we take steps to protect your data, any communication to Law Scout, including communication through any affiliated third-parties, may not be held confidential.

  • Law Scout does not split fees with lawyers. All lawyers using Law Scout charge fixed fees for their legal services and Law Scout provides online payment tools for those fees.

  • Law Scout charges users a separate technology fee for the use of its platform and services. Law Scout's technology fee is disclosed to users at each stage of the platform, and users are provided with a detailed receipt upon completion of their legal project, displaying separate legal fees and technology fees.

  • Use of Law Scout is at the your discretion, including the decision to engage with a lawyer through Law Scout.

  • Law Scout is not a lawyer referral service. Law Scout does not recommend or endorse any specific lawyers or legal advice.

  • Law Scout requires lawyers to complete an application process before they are able to join the Law Scout network and engage with users. That being said, Law Scout does not review, endorse, or guarantee the legal advice of the lawyers who sign up to Law Scout.

  • Content on the Law Scout's website is not legal advice and is provided for informational purposes only. As such, it is not a replacement for legal advice from a qualified legal professional.

  • Law Scout is happy to answer questions to provide more details on our services. Feel free to contact us at any time and please do not use the site until you are agree with these terms and conditions.

Law Scout Terms of Use

This document (the "Terms of Use") governs all services provided by Law Scout Inc. ("we" or "us") through our website, and all content, services, and products available at or through the website. These Terms of Use are very important and explain the relationship between us, users of the site, and the lawyers who use our website in their legal practice.

By accessing any part of our website, be it www.lawscout.ca, www.mylawscout.com, www.lawscout.co or any other website controlled by us (collectively, the "Website"), you agree to be bound by the terms and conditions as set out in these Terms of Use. You are also confirming that you have read and fully understand the Terms of Use. If you do not agree to or understand all of the Terms of Use, then you may not access the Website or use the Service.

1. Definitions

"Agreement" means all of the terms, conditions and notices contained or referenced in the Terms of Use and all other Law Scout rules and policies (including but not limited to our Privacy Policy) and procedures that may be published on the Website.

"Content" means any content featured or displayed throughout the Website, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and other materials that are available on the Website.

"Lawyers" means barristers and solicitors, licenced and in good standing to practise law in their respective jurisdiction, who provide legal services to Users through, in whole or in part, using our Service. Lawyers are not employees or agents of Law Scout.

The "Service" means all of the services provided by Law Scout, including but not limited to all Content, services and products available through the Website. Law Scout is not a law firm, and all forms of legal advice or legal services are explicitly excluded from the Service.

The "User," "You" and "Your" refer to the person, company or organization that has visited or is using our Website and/or our Service.

2. About the Service.

Law Scout provides an online platform to connect Users to Lawyers and to assist them in working together. Our role is limited to facilitating the interaction of Lawyers with Users by providing communication tools, automation tools, document management and storage, and methods of invoicing and payment. Law Scout does not offer legal services or legal representation and does not offer any legal advice, legal opinions, recommendations, referrals or counseling.

3. Law Scout is not a law firm and does not provide Legal Services.

Through articles, opinions, and other content on the Website, Law Scout may provide general information about legal requirements and procedures. All such information is general and informative in nature. Law Scout does not make any direct assessment of your legal issues, needs or requirements.

At no point may Law Scout be held liable for the actions or omissions of any Lawyer acting for a User. We make no guarantees, representations or warranties, whether express or implied, with respect to a Lawyer's expertise or quality of work. Lawyers provide legal services in the capacity they are licenced to carry on a legal practice, not as employees, agents, or representatives of Law Scout.

Law Scout only verifies that Lawyers are qualified and licenced to practice law in the jurisdiction they are offering legal services. Lawyers complete an application process in order to engage with Law Scout. However, Law Scout does not make any warranty, guarantee or representation as to the legal ability, competence, quality or qualification of a Lawyer.

Fees for legal services are not shared between Lawyers and Law Scout.

4. No Solicitor-Client Relationship with Law Scout.

No solicitor-client relationship is created by using the Website or Service or by using the Content found on the Website, including, but not limited to, links to other websites or any assistance we may provide to help you find an appropriate legal professional. Users may only enter a solicitor-client relationship with a Lawyer by approving that Lawyer's form of engagement agreement, which may be hosted and approved through the Website once a User has created an account.

Any communication provided to Law Scout, or any third party whose service is offered in connection with the Website, may not be held confidential and is not subject to solicitor-client privilege.

5. Release and Indemnification.

By using Law Scout's Website and/or Service, you agree that your legal remedies are limited to claims against the Lawyer, or any other third parties who have caused you harm.

You agree to indemnify and hold harmless Law Scout from and against any and all claims and expenses, including lawyers' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.

If you have a dispute with one or more Users or Lawyers, you release Law Scout from claims, causes of action, demands and damages (actual and consequential) of every kind and nature whatsoever, known and unknown, arising out of or in any way connected with such disputes.

6. Authorization and Acknowledgement.

By using the Website and Service, you understand that:

  • Law Scout will identify a Lawyer who has agreed to deliver the legal services that you are seeking based solely on the information that you provide to Law Scout. You are ultimately responsible for choosing and entering into an engagement agreement with the Lawyer; and

  • Your selection of a Lawyer is not a guarantee that you will be able to work with such Lawyer and no solicitor-client relationship is formed with a Lawyer until you agree to the engagement agreement between you and the Lawyer.

7. Representation to Enter into Binding Contract.

By accessing the Website, you represent and warrant that if you are an individual, you are of legal age to form a binding contract, or, if you are accessing the Service or Website on behalf of an entity, that you are authorized to enter into, and bind the entity to a binding contract.

8. Compliance with laws.

You represent and warrant that: (i) you have the authority to bind yourself to the Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will be for legal purposes only and will comply with all local, provincial and federal laws, rules and regulations, and with all other Law Scout policies.

9. User Conduct.

You may not use the Website in any manner that could damage, disable, overburden or impair our servers or network, or interfere with any other party's use and enjoyment of the Website or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining or any other means. In addition to our rights pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.

10. Prohibited content.

You agree that you will not under any circumstances use the Website to transmit any Content that:

  • is unlawful or promotes unlawful activities; defames, harasses, abuses, threatens or incites violence toward any individual or group;

  • is pornographic, discriminatory or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

  • is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling; contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;

  • impersonates any person or entity, including any of our employees or representatives; or violates the privacy of any third party.

11. Users must be over age 18.

By using the Website and/or Service, you represent that you are over the age of 18. Law Scout does not target our Content to those under 18, and we do not permit any Users under 18 on our Service or Website.

12. Law Scout may monitor interactions.

At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service and Website. Further information is available on our Privacy Policy.

13. Right to terminate accounts.

We reserve the right but not the obligation to, in our sole discretion, determine whether any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.

14. Payment of Lawyers.

Law Scout is not a party to Legal Engagement Agreements or any other User-Lawyer contracts.

Users may contract with Lawyers through the acceptance of the Lawyer's engagement agreement. Such contracts are solely between the User and the Lawyer. Law Scout will not be a party to any contracts between Users and Lawyers. Law Scout only facilitates these contracts by supplying an online platform for review and approval of these contracts.

All legal fees are paid to Lawyers.

No legal fees are split or shared between Lawyers and Law Scout. Law Scout charges a technology fee ("Law Scout Fee") in exchange for use of the Website and the Services we provide to Users. This fee is separate and distinct from all legal fees, and is displayed to Users as a separate amount.

15. Third Party Content.

There may be content from third parties on the Website, such as Lawyer profiles, blog posts, and links to other websites. We are not responsible for that content, nor do we endorse such consent.

This Agreement does not authorize Users to distribute, publicly display, publicly perform, make available, alter or otherwise use any Third Party Content except as permitted by Law Scout's Terms of Use.

16. Copyright Infringement.

Law Scout respects others' intellectual property rights and asks our Users and Lawyers to do the same. We may terminate a User's or Lawyer's access to the Website if we determine that the User or Lawyer infringes on others' copyrights or other intellectual property (including Law Scout's rights).

Law Scout retains all ownership of our intellectual property, including our copyrights, patents and trademarks.

Law Scout retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of third parties. The Agreement does not transfer from us to you any Law Scout or third-party intellectual property, and all right, title and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.

Law Scout,www.lawscout.ca, www.mylawscout.com, www.lawscout.co, and all other identifying marks, proprietary marks, or trademarks that appear, are displayed or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Law Scout Inc. These marks may not be copied, downloaded, reproduced, used, modified or distributed in any way without prior written permission from Law Scout.

17. Email Communications.

We use email and electronic means to stay in touch with our Users and Lawyers.

For contractual purposes, you (i) consent to receive communications from Law Scout in an electronic form via the email address you have submitted or via the Service; and (ii) agree that the Agreements, including all Terms of Use, agreements, notices, disclosures and other communications that Law Scout provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

18. Termination.

You may cancel this Agreement at any time. If you wish to terminate this Agreement, you may simply discontinue using the Service and accessing the Website.

Law Scout may terminate your access to all or any part of the Website at any time, with our without cause, with or without notice, effective immediately for any reason deemed appropriate in our sole discretion. .

19. Transactions.

Payments.

Payment will be processed as specified and agreed upon by the User. When a Lawyer has identified that the legal service is complete, Law Scout will inform the User. The User must then confirm completion of the legal services to his/her satisfaction, or advise the Lawyer that revisions are requested. If the User has taken no action within 5 business days after being advised that the legal services are complete, Law Scout will have the right to release payment for the legal services to the Lawyer.

In the event you have a dispute with your use of the Services or the legal services provided by a Lawyer, you agree to not dispute a charge through your credit card issuer prior to attempting to resolve the dispute with Law Scout. Disputes over payment can be sent to info@lawscout.ca.

Legal Projects to be completed in 30 days.

All legal projects initiated on Law Scout are to be completed within 30 days from the date the User is assigned a Lawyer. In the event a project is not completed within 30 days from the project start date, payment shall be automatically released for the legal services to the Lawyer. Despite payment being released to the Lawyer after 30 days from the project start date, the Lawyer shall continue working on the legal project until completed to the User's satisfaction.

Authorization.

By agreeing to these Terms of Use, you are giving Law Scout permission to charge your credit card or other approved methods of payment for all fees related to your requested legal project. You authorize Law Scout to charge you the full amount of legal fees payable to the Lawyer upon completion of the project, in addition to the Law Scout Fee, disbursements, administrative fees and taxes.

Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service.

20. Disclaimer of Warranties.

Law Scout provides the Website, the Content and the Service "as is," without warranty of any kind. We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, Law Scout expressly disclaims all warranties, whether express, implied or statutory, with respect to the Website and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy and non-infringement.

Law Scout makes no representation or warranty that the information we provide or that is provided through the Service is effective, accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Service.

21. Limitation of Liability.

We will not be liable for damages or losses arising from your use of the Service or arising under this agreement. To the maximum extent permitted by applicable law, in no event will Law Scout be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) your use or inability to use the Service or Website; (ii) the Service or Website generally or the software or systems that make the Service and Website available; or (iii) any other interactions with Law Scout, any Lawyer or any other User of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Law Scout has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Law Scout will have no liability for any failure or delay due to matters beyond our reasonable control.

22. Modification of Terms of Use.

Law Scout reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.

Upon any changes in these Terms of Use, we will post the amended agreement on the Website. Your continued use of the Website and/or the Service following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications made hereto, then please do not use the Website.

23. Governing Law.

These Terms of Use and any access to or use of the Website or the Service shall be governed by, and construed in accordance with, the laws of the Province of Ontario. You and Law Scout agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Toronto, Province of Ontario.

24. Arbitration.

If any claim, dispute or controversy occurs between a User or a Lawyer and Law Scout relating to the interpretation or implementation of any of the provisions of this Agreement, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge of the Superior Court of Justice (Ontario) in Toronto upon the application of any of the parties. Arbitration shall be held in the City of Toronto. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding.

25. Waiver of Class Proceedings.

To the extent permitted under applicable law, and except where explicitly prohibited under statute, Users hereby waive any right they may have to commence or participate in any class action lawsuit against Law Scout, including its officers, directors, shareholders, employees, affiliates, or agents, related to any claim, dispute or controversy arising out of or related to the Agreement. Where applicable, Users hereby agree to opt out of any class proceeding against Law Scout otherwise commenced.

26. Severability.

If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

27. No Assignment.

Law Scout may assign or delegate this Agreement, including these Terms of Use and/or the Law Scout Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement, including the Terms of Use or Privacy Policy, without Law Scout's prior written consent, and any unauthorized assignment and delegation by you is void.

28. Headings and Summaries.

The headings, captions and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.

29. Entire Agreement.

This Agreement, in combination with all policies and guidelines of the Website (including but not limited to the Privacy Policy) constitute the entire agreement between you and Law Scout and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of this Agreement.

You acknowledge that you have read and fully understand these Terms of Use and will be bound by these Terms of Use.