Extreme Posting to Lawyers
Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
QTECHBUILDER’s product, Extreme Posting to Lawyers (the “Product”) enables clients seeking legal advice (the “Clients”), to connect with a lawyer (the “Lawyer”). A Lawyer is a user that is licensed to practice law in the United States, the United Kingdom, Canada, Australia, or the Republic of Korea and has created a lawyer account for the purpose of retaining clients to whom they can provide fee-based legal services. The Product includes facilitating and hosting live discussion on QTECHBUILDER’s online platform.
QTECHBUILDER reserves the right to revise these Terms and Conditions in its sole discretion at any time by posting the changes on its web site. Changes become effective thirty (30) days after posting. Your continued use of the Product after any change becomes effective shall mean that you accept the change(s). You should visit the web site regularly to ensure you are aware of the latest version of the Terms and Conditions.
QTECHBUILDER may modify the Product or discontinue its availability at any time.
You are solely responsible for all service, telephone, data charges and/or other fees and costs associated with your access to and use of the Product, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
All of your use, access and other activities relating to the web site and the Product must be in compliance with all applicable laws and regulations, including, without limitation, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with your use of the Product and web site, you must not: provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Product or operation of the web site; frame or embed the web site or Product; impersonate another person or gain unauthorized access to another person’s account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Product or operation of the web site; or scrape, spider, use a robot or other automated means of any kind to access the Product.
- General Disclaimer
We are not engaged in the practice of law in any capacity and do not provide any legal advice. As such, none of the information provided on our web site or through our Product should be considered to be legal advice. The web site is only a marketplace of live discussion for Clients and Lawyers. All Lawyers are independent contractors and are not employees of QTECHBUILDER. We make no promise, guarantee, or claim about the reliability, accuracy, or completeness of the data or information contained on, linked in, or provided by our web site or by any communication with you following your registration on our web site. We make no representation as to any information provided by the Lawyers using our web site, including no representation as to their reliability, quality, ability, adequacy, competency, location, professional status or otherwise.
We do not control Submitted Content (as defined below) posted on the web site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that your use of the Product may expose you to Submitted Content that you consider offensive, indecent, or objectionable. QTECHBUILDER has no responsibility to censor Submitted Content.
You may only access the Product for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Product.
- Specific Obligations of Lawyers
If you are a “Lawyer” as defined above, the following terms and conditions shall apply in addition to the other terms and conditions provided for herein:
- To apply to be a Lawyer, you must visit http://www.ep2lawyer.com and complete the enrollment form;
- Your application is subject to QTECHBUILDER’s approval, which may be withheld in our sole discretion;
- You have read, understood, and agree to be bound by the pricing information (see Section 10) before using the Product;
- You are responsible for ensuring that you are i) licensed to practice law in the state or province which you select as your “Licensed State/Province”; and ii) in good standing with the licensing body responsible for licensing lawyers in that state or province;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Product or to Clients;
- You will not use the Product for any business other than for providing legal services to the Clients of the web site;
- You will not copy, modify or distribute Company Content except as permitted in these Terms and Conditions;
- You will not interfere with or otherwise prevent other Lawyers from using the Product;
- You will maintain your enrollment and account information, and all such enrollment and account information shall be accurate and up-to-date; and
- You shall respond promptly to Clients seeking your services and ensure a quality of service commensurate with the standards of your licensing body in general.
- Specific Obligations of Clients using the Web Site
In addition to the other terms and conditions provided for herein, Clients hereby agree as follows:
- You are responsible for and required to ensure the accuracy of the information you provide. If you create a legal posting, a Lawyer may ask you a question to obtain additional information. You are not required to answer a question; however, if you choose to answer a question, you are responsible for and required to ensure the accuracy of your answer.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the web site or the Product;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You consent and agree to receive e-mail notifications which are directly related to your use of the Services; and
- You are responsible for taking appropriate steps to protect your personal information.
EP2 is not intended for use if you are under 18 years of age. By agreeing to these Terms, and Conditions you are representing to QTECHBUILDER that you are over the age of 18.
To use the Product, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, your “Account”) and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each use of the Product. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account.
You may not transfer your Account to any other person and you may not use anyone else’s Account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Product; and (iii) the consequences of any misuse.
- Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where QTECHBUILDER provides Content to you in connection with the Product, including, without limitation, the Product and the web site, it is “Company Content.” Content uploaded, transmitted or posted to the web site or through the Product by a Client or Lawyer is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to the Copyright Act (R.S.C., 1985, c. C-42). You have the right to remove all or any portion of your Content from the web site at any time.
QTECHBUILDER respects all copyright, privacy, defamation and other laws relating to content and information and will not tolerate violation of such laws. Notwithstanding the foregoing, QTECHBUILDER does not screen the Submitted Content and all use of the Submitted Content by you is at your own risk and QTECHBUILDER shall have no liability for such use. In particular, no review or posting or appearance of the Submitted Content on the web site or through the Product is intended to act as an endorsement or representation that any Submitted Content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful. If you believe that Submitted Content of yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party, it is your responsibility to take such steps necessary to correct the situation.
All rights not expressly granted in these Terms and Conditions are retained by the Content owners and these Terms and Conditions do not grant any implied licenses.
- Pricing for Services
Lawyers are responsible to make a payment of $4.99 CAD plus HST to QTECHBUILDER every time they use the Product to connect with a Client. THIS FEE IS NON-REFUNDABLE. If your credit card is declined, you agree to pay us the fees within ten (10) days of the declined payment, and pay (at our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater. We may also block your access to the Product pending payment of any amounts due by you to QTECHBUILDER. All costs incurred in enforcing our remedies, including legal expenses on a solicitor and own client cost basis, will be added to the outstanding amount and shall be payable by you upon demand.
QTECHBUILDER may change its service fee at any time, subject to 14 days notice.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the web site, in the Product or in any Company Content are the registered or unregistered Trademarks of us, our suppliers or third parties and are protected pursuant to the Trade-marks Act (R.S.C., 1985, c. T-13). All rights are reserved and you may not alter or obscure the Trademarks, or link to them without our prior approval.
- Warranty Disclaimer
The Product, web site, Content, Company Content, Submitted Content, and any other materials made available on or through the web site or the Product are provided “as is,” without any warranties of any kind and QTECHBUILDER hereby disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
- Limitation of Liability
QTECHBUILDER shall not be liable hereunder to Clients or Lawyers under any theory of liability, including, without limitation, contract, tort or negligence, for any indirect, special, incidental or consequential damages or lost profits. If QTECHBUILDER is found to be liable notwithstanding the provisions of these Terms and Conditions, then it is agreed that QTECHBUILDER’s total liability shall be limited to the amounts paid in connection with the Product under which such liability arose.
You hereby indemnify, defend and hold harmless QTECHBUILDER, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including attorneys’ fees on a solicitor and own client basis and related costs and expenses, due to or arising out of your breach of any term, representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
We may terminate your use of the Product or web site immediately without notice for any breach by you of these Terms and Conditions or any of our applicable policies, as posted on the web site from time to time. We may discontinue offering any Product at any time. You may terminate your use of the web site or the Product at any time, either by ceasing to access them, or by contacting us. We have no obligation to retain any of your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the web site, Product and Content. Any accrued rights to payment and Sections 3, 4, 9-14 and all representations and warranties shall survive termination.
(a) Entire Agreement. These Terms and Conditions and any policies applicable to you posted on the web site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(b) Severability. If any provision of these Terms and Conditions is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions of these Terms and Conditions.
(c) Waiver. A provision of these Terms and Conditions may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
(d) Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
(e) No Agency. Nothing in these Terms and Conditions shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other.
(f) Governing Law. These Terms and Conditions and your use of the web site and the Product shall be governed by the laws of the Province of Ontario and the federal laws of Canada.