Lexpertease is an online platform solution for individuals and lawyers to connect with each other. Lexpertease Tech Holdings Pvt. Ltd. (Reg No. 217433) offers a range of services (the “Services”) through www.lexpertease.com (the “Site”) o “Lexpertease”. These services include: (i) connecting clients with legal professionals to provide legal services, (ii) connecting legal professionals with each other for collaboration; and (iii) access to law related materials.
Lexpertease is neither a law firm or a staffing firm. Lexpertease offers clients access to a broad pool of legal talent and resource materials via the Site. The legal professionals that Lexpertease connects Client with through the Site (the “Legal Professionals”) are legal professionals who may perform legal services (the “Legal Services”) for Client. They operate independently from Lexpertease and are not employees, consultants, or agents of Lexpertease. Though an attorney-client relationship between Client and a Legal Professional may be formed through the use of the Services, such use does not automatically form such a relationship between Client and any Legal Professional.
Lexpertease is not a lawyer referral service. Lexpertease works hard to select and vet the Legal Professionals, but does not recommend any individual Legal Professional for any specific legal request. Client acknowledges and agrees that Lexpertease does not select, endorse, or recommend any individual Legal Professional for any specific legal request.
In connection with using the Services, Client understands that:
Client represents and warrants that Client is fully authorized to enter into this Agreement. If Client is representing a larger business entity (the "Entity"), Client also represents and warrants that Client is fully authorized to enter into this Agreement on behalf of the Entity. Lexpertease may, in our sole discretion, refuse to offer the Platform Services to any person or Entity and change our eligibility criteria at any time. Client is solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to Client and the right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent that offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. The Services are offered only for Client’s use, and not for the use or benefit of any third party unrelated to Client or Client’s Entity.
To use the Services, Client must register for, or authorize Lexpertease to create for Client, an account on the Site (an “Account”). Client must provide accurate and complete information and keep Client’s Account information updated. Client is solely responsible for the activity that occurs on Client’s Account, including keeping the Account password secure. Client must notify Lexpertease immediately of any breach of security or unauthorized use of Client’s Account. Client shall have the ability to delete its Account, either directly or through a request made to a Lexpertease representative.
- Right of Refusal.
Lexpertease may not be able to provide the Services for every legal matter. Lexpertease reserves the right, in its sole discretion, not to provide Services for any specific legal matter.
a. Client Content.
All information and content submitted to the Platform Services by Client (collectively “Client Content”) is the sole responsibility of Client. Client agrees that it will not under any circumstances transmit any Client Content that
- is fake or 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, constitutes unauthorized or unsolicited advertising, 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 employee or representative of Lexpertease; or
- violates the privacy of any third party. If any of such Client Content is subpoenaed, Lexpertease shall give Client prior notice in order for Client to be able to contest such subpoena order.
b. Lexpertease Content.
The Site may contain content specifically provided by Lexpertease (“Lexpertease Content”) including law related materials and such Lexpertease Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Client shall abide by and maintain all copyright notices, information, and restrictions contained in any Lexpertease Content accessed through the Platform Services. Subject to this Agreement, Lexpertease grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Lexpertease Content solely for purposes of using the Platform Services. Use, reproduction, modification, distribution or storage of any Lexpertease Content for purposes other than using the Services is expressly prohibited without prior written permission from Lexpertease. While Lexpertease tries its best to ensure the Lexpertease Content, specifically the law related materials are correct and updated, Lexpertease does not guarantee the Lexpertease Content shall always be accurate or updated and thus bears no liability for such inaccuracy or obsoleteness. Clients are to use the Lexpertease Content at their own risk.
Either party may terminate this Agreement for convenience at any time with written notice via email.
Any termination of this Agreement has no effect on the provision of currently effective Legal Services between Client and any Legal Professional or the attorney-client relationship between Client and any Legal Professional. Further, such a termination would not affect Client’s access to or ownership of any attorney-client communications between Client and any Legal Professional or documents created for Client by any Legal Professional.
Any fees paid hereunder are non-refundable. Client remains obligated to pay any fees accrued but not yet paid at the time of termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, payment obligations, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
5. Representations and Warranties
Each of Lexpertease and Client represents and warrants that it is fully authorized to enter into this Agreement.
Client is solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to Client. The right to access the Platform Services is revoked where this Agreement or use of the Platform Services is prohibited or to the extent that offering, sale or provision of the Platform Services conflicts with any applicable law, rule or regulation. The Platform Services are offered only for Client’s use, and not for the use or benefit of any third party unrelated to Client.
6. Warranty Disclaimer
Client releases Lexpertease from all liability from having acquired or not acquired the Services or Legal Services. Client releases Lexpertease from all liability arising from any claims regarding Client’s relationship with any Legal Professional and the Legal Services Client obtains from any Legal Professional, including but not limited to any and all malpractice claims. Lexpertease makes no representations concerning any aspect of Legal Services provided by any Legal Professional.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION VII OF THIS AGREEMENT, THE PLATFORM SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LEXPERTEASE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (1) THE PLATFORM SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (3) ANY CONTENT AVAILABLE AT OR THROUGH THE PLATFORM SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING THE PLATFORM SERVICES WILL MEET CLIENT’S REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. CLIENT’S USE OF THE PLATFORM SERVICES IS SOLELY AT CLIENT’S OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Platform Services, Legal Services, Content, or otherwise from your User Content, or violation of this Agreement, provided that any indemnity in this Section with regard to Legal Services excludes any aspect of the Legal Services that Lexpertease does not and cannot access, including but not limited to privileged communications between you and your Participating Platform Lawyer. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
8. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PRECEDING SIX (6) MONTH PERIOD.
9. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. Client agrees that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
We reserve the right, in our sole discretion, to modify or replace any of this Agreement, or change, suspend, or discontinue the Platform Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Platform Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Platform Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this Agreement periodically for changes. Your continued use of the Platform Services following notification of any changes to this Agreement constitutes acceptance of those changes.
Force Majeure. Lexpertease shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Lexpertease’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. This Agreement is personal to Client, and is not assignable, transferable or sublicensable by Client except with Lexpertease’s prior written consent. Lexpertease may assign, transfer or delegate any of its rights and obligations hereunder without Client’s consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Written notice to Lexpertease should be sent to the following address: HearstLab / Lexpertease Legal, 300 West 57th Street, 40th Floor, New York, NY 10019. Electronic notices should be sent to hello@Lexperteaselegal.com.
No Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that such party will waive compliance in the future. In order for any waiver of compliance with this Agreement to be binding, Lexpertease must provide Client with written notice of such waiver through an authorized representative.
Headings. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.