THE WEBSITE AND ANY SERVICES ARE OFFERED AND PROVIDED “AS IS” AND “AS AVAILABLE” AND VakilHelp USER USES THEM AT VakilHelp USER’S OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DUE TO THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AND OTHER FACTORS NOT WITHIN THE CONTROL OF COMPANY, COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THAT MAY OCCUR.
Company does not warrant, guarantee, represent, or make any claim that use of the Website or any Services will necessarily yield any type of result, including the receipt of any type or quality of information or the generation of business VakilHelp User agrees and acknowledges that such outcomes depend on individuals not employed by and not in the control of Company.
Therefore, Company does not warrant, guarantee, represent, or make any claim that the work performed by any Participating lawyer will yield any type of result or be of a certain quality. Participating lawyer(s) who appear on the Website or any Services are not employed by Company. No such information contained on the Website or provided through any Services, constitutes an endorsement of any particular lawyer or a guarantee of any personal qualities, professional qualities or characteristics of any lawyer or any information or opinion he or she may render.
Company takes commercially reasonable efforts to initially verify that every Participating lawyer who holds him or herself out as a registered lawyer is in fact registered to practice in the Jurisdiction(s) which he or she may claim based on certain limited information provided by Participating lawyer. However, Company does not warrant and does not guarantee that every individual who holds him or herself out as a registered lawyer is in fact registered to practice in the Jurisdiction(s) which he or she may claim or is competent in the areas of practice in which he or she claims to be knowledgeable. By continuing to use the Website or any Services, VakilHelp User assumes responsibility to independently ensure and verify the following: the lawyer(s) that VakilHelp User interacts with are indeed licensed in the Jurisdiction(s), and are in good standing where VakilHelp User is seeking legal help, and are in fact qualified to handle VakilHelp User’s legal matter. VakilHelp User is solely responsible for selecting the lawyer(s) to handle VakilHelp User’s legal matter and the consequences that may result from that selection. Company does not monitor or have any control over any other services, including without limitation legal, Legal Services, legal-related services, offered by its members or users (hereinafter “Third Party Services”).
Therefore, Company assumes no responsibility or liability for any action, errors or omissions on the part of any providers of Third Party Services. Company is not liable for any statements, representations, ratings, endorsements, advertisements, testimonials, responses, comments, information, opinions, advice, links to any third party websites and content contained on such third party websites, or content of any other kind provided by its users in any area of the Website or any Services, and any such reference(s) on the Website or any Services is not a sponsorship, endorsement, or recommendation by Company. Some information provided and displayed on the Website and any Services are based on contributions to the Website and any Services by its users and the automated computation of statistical data based on such contributions.
Company makes commercially reasonable efforts to automate the display of such information when available on the Website and any Services, and VakilHelp User acknowledges that some information may not be current or accurate, and may contain errors or omissions because that information is dependent upon the diligence of VakilHelp User(s) of the Website and any Services to provide, update, or remove such information, or the unavailability of the Website and any Services. Therefore, VakilHelp User agrees that Company assumes no responsibility and VakilHelp User agrees to not hold Company liable for such errors or omissions displayed on the Website and any Services. Although
Company has no obligation to screen, edit or monitor user content, wherever accessible, Company reserves the right, and has absolute discretion, to screen or edit any content (other than Confidential Communications) or remove any content posted or stored on the Website or any Services at any time and for any reason without notice. No warranty of any kind is provided regarding any VakilHelp User, Third Party Services, or Third Party Content, and VakilHelp User agrees that Company will not be liable for the acts or omissions of any VakilHelp User, any Third Party Services, or any Third Party Content or the consequence of using or relying upon such VakilHelp User, Third Party Services, or Third Party Content received through the Website or use of any Services, as any such advice, opinion, or services is the responsibility of the originating party. Because of the limited scope, duration, and brevity of the communication(s)exchanged between Participating lawyer(s) and VakilHelp User within the Question and Answer Services of Company, Participating lawyer(s) who receive questions may not have had an opportunity to conduct an independent investigation of any VakilHelp User or Third Party Content, to review pertinent documents, or carefully research the applicable laws. Therefore, VakilHelp User acknowledges and understands that any information provided by responding Participating lawyer(s) on the Website and any Services are preliminary and subject to modification based on information the Participating lawyer(s) may not yet have, and could contain errors or omissions.
Availability of Services
VakilHelp User acknowledges and agrees that if Company disables access to, or suspends or terminates VakilHelp User’s account, or one or more Services or functionalities on the Website, VakilHelp User may be prevented from accessing the Website or any Services, including any account information or data, uploaded content, transmissions, or communications contained in or involving VakilHelp User’s account. VakilHelp User acknowledges and accepts that the provision and availability of the Website and any Services depend on other services or resources outside Company’s control, and that changes intended to improve the utility and performance of the Website or any Services may require periods of inaccessibility or downtime to effect.
Company reserves the right and sole discretion to improve, modify, or discontinue availability of the Website or any Services. VakilHelp User will not hold Company liable or responsible for any damages or loss that result from inaccessibility, unavailability, data corruption, any failure or omission on such VakilHelp User’s part to maintain accurate account data, such VakilHelp User’s failure to maintain the security or integrity of such VakilHelp User’s authentication or passwords, or such VakilHelp User’s failure to maintain or address the security and confidentiality of information or data such VakilHelp User submits to the Website or any Services.
No Duty to Monitor Website
Company is under no obligation to restrict or monitor the Website and any Services in any way. COMPANY DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. Nevertheless, Company reserves the right to modify or remove content at any time at its sole discretion and VakilHelp User grants Company the right to modify or remove such content including without limitation User and Third Party Content, except for modification of Confidential Communications to enable transmission, storage, or retrieval.
Limitations of Liabilities
IN NO EVENT SHALL COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SHAREHOLDERS OR INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR OTHERWISE, WHICH MAY ARISE FROM, IN CONNECTION WITH, OR BE RELATED TO ANY DENIAL OF OR INABILITY TO USE THE WEBSITE AND ANY SERVICES OR USE OF THE WEBSITE OR SERVICE, INCLUDING ANY ADVICE, INFORMATION, CONTENT, LEGAL SERVICES, THIRD PARTY SERVICES, ACTIONS, INACTIONS OR ADVICE OF ANY PARTICIPATING Lawyer OR OTHER VakilHelp USER, LINKS TO ANY THIRD PARTY WEBSITES AND CONTENT CONTAINED ON SAID THIRD PARTY WEBSITES, PURPORTED MALPRACTICE CLAIMS, OR OTHER MATERIALS CONTAINED, ACCESSED, OR DISPLAYED THEREIN, WHETHER SUBMITTED BY VakilHelp USER OR THIRD PARTIES. NOR SHALL COMPANY BE RESPONSIBLE, WITHOUT LIMITATION, FOR ANY DAMAGES, INJURY OR LOSS OF ANY KIND. SUCH LOSS MAY INCLUDE, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE OR LOSS OF PROFITS, THAT MAY HAVE BEEN CAUSED BY, WITHOUT LIMITATION, ANY USE OR RELIANCE ON WEBSITE AND ANY SERVICES, LEGAL SERVICES, THIRD PARTY SERVICES, ACTIONS, INACTIONS OR ADVICE OF ANY PARTICIPATING Lawyer OR OTHER VakilHelp USER, SITE MATERIALS, VakilHelp USER OR THIRD PARTY CONTENT, OR FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELETION OF FILES OR E-MAIL, VIRUSES, MALWARE, ANY FAILURE OF PERFORMANCE OR DELAY IN OPERATION OR TRANSMISSION, THAT MAY HAVE RESULTED FROM OR BE CAUSED BY ANY CIRCUMSTANCES, INCLUDING THOSE BEYOND COMPANY’S COMMERCIALLY REASONABLE CONTROL. SUCH CIRCUMSTANCES INCLUDE, WITHOUT LIMITATION, ACTS OF GOD OR GOVERNMENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S INFORMATION, DATABASE, RECORDS, WEBSITE AND ANY SERVICES. VakilHelp USER SOLELY ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ANY ACCESS OR USE OF WEBSITE OR ANY SERVICES OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THE WEBSITE AND ANY SERVICES. VakilHelp USER AGREES TO RELEASE COMPANY FROM ANY LIABILITY AND TO NOT HOLD COMPANY RESPONSIBLE FOR ANY DAMAGES ARISING FROM THE POSTING OR PUBLISHING OF ANY INFORMATION BY ANY VakilHelp USER ON ANY PART OF THE WEBSITE OR SERVICES, WHICH INCLUDES WITHOUT LIMITATION, ANY AND ALL INFORMATION POSTED OR PUBLISHED ON THE CONFIDENTIAL QUESTION AND ANSWER SERVICE OR PUBLIC QUESTION AND ANSWER FORUM. VakilHelp USER ACKNOWLEDGES THAT CONTENT AND OTHER MATERIALS SUBMITTED FOR PUBLICATION TO THE PUBLIC QUESTION AND ANSWER FORUM ARE NOT CONFIDENTIAL AND COULD BE USED AS EVIDENCE FOR OR AGAINST VakilHelp USER AND MAY NOT BE ENTITLED TO RECEIVE CERTAIN EVIDENTIARY OR OTHER LEGAL PROTECTIONS. VakilHelp USER FURTHER AGREES AND UNDERSTANDS THAT ANY CONFIDENTIAL INFORMATION REDACTED OR MODIFIED WITH THE INTENTION OF SUBMITTING NON-CONFIDENTIAL INFORMATION SUITABLE FOR PUBLICATION AND POSTING ON THE PUBLIC QUESTION AND ANSWER FORUM IS THE SOLE RESPONSIBILITY OF THE VakilHelp USER WHO IS SUBMITTING, POSTING, OR PUBLISHING SUCH INFORMATION. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN WARRANTY, CONTRACT, TORT OR OTHER CIVIL CAUSE OF ACTION, PRODUCT OR STRICT LIABILITY, OR OTHER THEORY, ARISING FROM OR RELATING IN ANY MANNER TO THE USE OF OR RELIANCE UPON THE WEBSITE, SITE MATERIALS, OR ANY SERVICE, EXCEED ANY COMPENSATION PAID WITHIN THE LAST THREE (3) MONTHS, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICE. TO THE EXTENT TO WHICH LOCAL OR STATE AUTHORITIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY VakilHelp USER AGREES AND UNDERSTAND THAT COMPANY IS ONLY A CONDUIT FOR COMMUNICATIONS, AND IS NOT A PARTY, PRINCIPAL, OR PARTICIPANT IN ANY PROVISION, RENDERING, RECEIPT, OR SOLICITATION OF ANY LEGAL ADVICE, OPINION, COUNSEL, INFORMATION, OR GUIDANCE.
VakilHelp User agrees to assume any liability which may result from such VakilHelp User’s denial of or inability to use the Website or any Services or use of the Website or any Services and hereby waives, absolves, indemnifies, and releases Company from any liability, loss, or damage resulting from any claim arising directly, indirectly, consequentially, or historically from any contact, content, communication, advice, consultation, or representation made using the Website or any Services as a conduit. VakilHelp User further agrees to and understands that in accepting the Terms, such VakilHelp User releases, absolves, and indemnifies Company from responsibility or liability for loss or damage of any kind, including legal or lawyer’s fees, incurred by such VakilHelp User or Participating lawyer’s former or current client(s) or any other affected third party as a result of any conflict of interest.
Ownership of Intellectual Property VakilHelp
Unless otherwise indicated, the Website, Site Materials, and Company Marks are the proprietary property of Company and are protected by international intellectual property laws. VakilHelp User agrees to respect any and all intellectual property of Company, including but not limited to the Website, Site Materials, and Company Marks in compliance with all applicable laws including intellectual property laws worldwide and of any jurisdiction, and not to copy, use, distribute, display, perform, publish or republish, alter, upload, post, transmit, imitate, reverse-engineer, or develop derivative works, in whole or in part, without the prior and express written consent of Company.
Other VakilHelp User or Third Party Content
VakilHelp User grants Company a nonexclusive, royalty-free, irrevocable, perpetual, sub-licenseable license to use, store, reproduce, modify, adapt, publish, translate, distribute, perform, or display content consisting of Confidential Communications for the purpose of composing, transmitting, retrieval, or displaying of such Confidential Communications as directed by VakilHelp User to another VakilHelp User(s) who is an intended recipient of the Confidential Communications. VakilHelp User grants Company a nonexclusive, royalty-free, irrevocable and perpetual, sub-licenseable license to use, store, reproduce, sufficiently modify to enable transmission, adapt, publish, translate, distribute, perform, display, or create derivative works from content, other than Confidential Communications, and any information that such VakilHelp User submits, posts, uploads, or makes accessible elsewhere on the Website, such as, but not limited to, Non-Confidential Information. VakilHelp User represents and warrants that such VakilHelp User: 1) owns and controls or possesses all rights to any user content that such VakilHelp User posts as well as to grant the rights described above, and 2) that the content is accurate and not misleading, and 3) that by supplying or otherwise making available such content such VakilHelp User does not violate the Terms or cause damages or injury to any other person or entity. Company may terminate the account of any VakilHelp User who violates or infringes on the intellectual property rights of others under applicable law and these Terms. VakilHelp User grants Company a non-revocable license to use and disseminate Non-Confidential Information without restriction for any purpose without obligation, acknowledgement, or compensation to such VakilHelp User. Company also has the right, in its sole discretion, to monitor, review, or censor Non- Confidential Information in order to preserve the quality and integrity of the Website and any Services.
VakilHelp User must defend Company against any claim made or brought against Company by a third party alleging that such VakilHelp User’s data on the Website, or such VakilHelp User use of the Website or any Services in violation of the Terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law (hereinafter “Claim”), and such VakilHelp User shall indemnify Company for any damages finally awarded against, and for reasonable lawyer’s fees incurred by, Company in connection with any such Claim; provided, that Company (a) gives such VakilHelp User written notice of the Claim; (b) gives such VakilHelp User sole control of the defense and settlement of the Claim (provided that such VakilHelp User may not settle any Claim unless the settlement unconditionally releases Company of all liability); and (c) provides to such VakilHelp User all reasonable assistance, at VakilHelp User’s expense. VakilHelp User must defend, indemnify and hold harmless Company and its agents, from and against any claims, damages, costs, lost profits, liabilities and expenses (including, but not limited to, reasonable lawyer’s fees) (i) arising out of or related to any content such VakilHelp User posts, stores, makes accessible, or otherwise transmits on or through the Website or any Services, or (ii) arising out of or related to such VakilHelp User uses of or inability to use the Website or any Services, or inaccessibility or termination resulting from breach of the Terms, including without limitation any actual or threatened suit, demand or claim arising out of or relating to VakilHelp User’s conduct, to any content such VakilHelp User posts, stores, makes accessible or otherwise transmits to the Website or any Services, or to such VakilHelp User’s violation of these Terms or VakilHelp User’s violation of the rights of any third party or such VakilHelp User(s) of the Website or any Services.
E-mail Communications from VakilHelp
By using the Website, VakilHelp User consents to receive e-mails from Company, including service or account-related notifications necessary to make use of the Website or any Services and notices regarding updates or modifications to the Terms.
The Terms are personal to VakilHelp User and cannot be assigned, transferred, or delegated to any other person or Business Organization without the express written permission of Company. Any such attempt to assign, transfer, or delegate these Terms without the express written permission of the Company will not be honored and will be deemed null and void. Company has the right to assign, transfer, or delegate these Terms to one or more third parties without VakilHelp User’s permission, including without limitation, to a successor or acquirer of Company.
Changes to Terms
Company reserves the right to change or modify any of the provisions, terms, or conditions contained in these Terms or any policy or guideline of the Website, at any time, without prior notice and in Company’s sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Website or any Services. VakilHelp User indicates his or her assent to updated Terms by either affirmatively indicating assent when prompted during such VakilHelp User’s use of the Website or any Services, or by actually using or continuing to use the Website or any Services.
Use of the Website or any Services in violation of any of the Terms or Community Guidelines may result in the termination or suspension of VakilHelp User’s account and inaccessibility to any content or information VakilHelp User has submitted to any part of the Website or any Services. Company may terminate VakilHelp User’s account at any time, at Company’s sole discretion and without notice.
If any provision of these Terms is determined by a court having jurisdiction over the matter to be invalid, unlawful, unenforceable, or void for any reason, then that provision shall be deemed severable from the Terms and does not affect the validity or enforceability of any remaining provisions, which will continue to be valid and enforceable.