User Agreement
The Company SimplyProspects (the “Company”) starts every new user relationship with a contract. The contract spells out what you can expect from us, and what we expect from you. We do not know each user personally, so it is important to set out the ground rules clearly in advance.
If you agree to this contract, welcome to our system!
By signing up for the Services creates a contract between you and the company and you are agreeing to be bound by the terms of this agreement and all terms and conditions incorporated by reference in this agreement.
If you have any questions about any part of the contract, please contact us about it. We will be glad to explain why these contract provisions are important for our system. We would like to work with you on making changes if you can show us a better approach.
Please remember that until there is an agreement in place, you will not receive full access to our system.
In this User Agreement, we have referred to the Company’s the Company Service as the "Service," to you as the "User" and to this contract as the "Agreement."
The Company is an Internet forum that facilitates communication between legal professionals and potential Users of legal Services.
The Company acts as a venue for providers and purchasers of legal Services to exchange information with the goal of eventually forming a professional relationship. The Company does not guarantee that Users will successfully find legal representation through this system. The Company takes no position and offers no opinion on when or if an attorney-client relationship has been formed.
In order to provide an optimal forum for clients and legal professionals, the Company does not involve itself in the agreements between members and clients or the actual representation of clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The User, and not the Company, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates on the Service.
Any form of use of the Service by a subscribing member or potential client is not intended to and will not create an attorney-client relationship between any person or entity and the Company and is not protected by the work product doctrine, such being expressly denied. Any communication sent to the Company will not create an attorney-client relationship between the User and the Company and is not protected by the work product doctrine, such being expressly denied.
Providing a Service where potential clients and legal professionals can meet does not imply an endorsement of any subscribing attorney or Service provider. The Company makes no representation concerning an attorney’s qualifications (except that the attorney was licensed to practice law in at least one state at the time of registration), nor does it sanction statements an attorney may post on the system. The Company makes no representation concerning the qualifications of non-attorney legal Service providers. Your case will not be viewed by non-attorney legal providers without your consent. The Company does not screen potential cases, or otherwise channel potential clients to selected attorneys.
The Company is not a law firm and is not a substitute for an attorney or law firm. The information provided through the Services is not legal advice. The Company offers no legal advice, recommendations, mediation, or counseling under any circumstance. The Company encourages the User not to accept any information received from any source found on this Service, unless it is from an attorney the User has retained.
The Company makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the attorneys, law firms or legal Service providers which may submit bids and/or are listed through this Web site or any affiliate thereof.
In order to keep this system attractive and useful for all Users, it is important that Users follow the rules of the system. Some of these rules are described in this Agreement, and the in bulletins posted at various points in the system. The Company reserves the right to deny further access to the Service to any User who violates any of the Company rules is the subject of complaints by other the Company Users, for any other reason, or for no reason at all. Users may not engage in any of the following activities on our system:
As part of the Service to all Users, the Company provides a forum for clients to comment on their experiences with the legal professionals reached by using the Service. Comments posted on the comment board will be available for review by all Users and members. While we encourage open and unrestricted use of the forum, we do not tolerate offensive conduct. When using the discussion forum to comment on your experiences, please keep the comments accurate, constructive and civil. Bear in mind that use of disparaging and defamatory comments does not serve the purpose of the forum and may result in legal liability to the User. The Company reserves the right to terminate this agreement and restrict future access to the Service to Users who post comments that are defamatory, hostile, vulgar, or otherwise distasteful.
The Company provides legal professionals and potential clients with a forum that functions as an open market. The Company is not responsible for the content of materials posted on its Web sites. The opinions and views expressed are those of the individual Users of the Service and do not reflect those of the Company. Data submitted by other Users (both attorneys and lay persons) is not verified or reviewed in any way before it appears on the Company Web site. The Company does not warrant the validity or accuracy of any such information. Please use caution and common sense when using this site.
The Company does not continuously review the standing of any attorney subscriber with any regulatory authority. When considering employing any attorney or law firm, Users should check the attorney’s standing with the state bar. When considering employing a non-attorney legal Service provider, Users should check with the agency that certified the provider or the applicable regulatory body.
The Company makes every effort to verify that attorneys who subscribe to the Service are licensed and in good standing in at least one state within the United States at the time of registration. However, the Company is unable to track, verify, or monitor the standing of each attorney using the Service. Therefore, the Company makes no representation regarding the status, standing or ability of any attorney or law firm that submits bids, or is listed through this Web site.
Users are urged to make their own independent investigation and evaluation of any firm being considered. The determination of the need for legal Services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise, or on the cost of rendering the requested legal Services.
The Company is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by an attorney or law firm. Please be aware that no agency or board may have certified such attorney as a specialist or expert in any indicated field of law practice. In addition, an attorney claiming specialization is not necessarily any more expert or competent than other attorneys. It is up to the User to question the attorneys and providers on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.
Users are encouraged to use caution when reviewing any information submitted by attorneys and other parties. Although the Company strongly encourages attorneys to comply with all regulations governing attorney conduct, it is impossible for the Company to monitor members’ integrity or compliance with applicable rules of conduct.
The Company in no way endorses the content or legality of any responses, statements, or promises made by attorneys or any other parties, on or off this site.
The Company makes every effort to maintain the confidentiality of any information submitted by Users to our System and our database of members. However, because the Company cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not make any confessions or admissions. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. The Company is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the System.
User agrees that attorneys contacted by User through the System may report to the Company on whether their Services were engaged by the User and the total attorney’s fees paid.
The User agrees that the Company is not responsible for any harm that this Service may cause. The User agrees to indemnify, defend, and hold the Company harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to the Company, its affiliates, directors, officers and employees. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of the Company.
The Company is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.
The Company also reserves the following rights:
The Company may change the Agreement at any time. The User will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the Service will indicate acceptance of the new terms and conditions.
The Company reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User agrees that the Company shall not be liable to the User or any third party for any modification or discontinuance of the Service. The User acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that the Company may immediately delete data and files in the User’s account and bar any further access to such files or the Service.
The Company owns certain things on this system, including the ‘look and feel’ of the system, the name of the system, and the collective work copyright in sequences of public messages on the system. Users cannot reproduce any message thread from the system, either electronically or in print, without the Company permission and the permission of all participants in the thread. This is not a complete list — other things on the system are also the Company property. Contact the Company before copying anything from the system with plans of reproducing it or distributing it.
The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Service or information presented through the Service is protected by copyrights, trademarks, Service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by the Company or its Sponsors, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that the Company can display images and text throughout the Service.
A great danger for the Company, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our Users. If one User libels another User, the injured User might blame us, even though the first User was really at fault. If a User uploads a program with a computer virus, and the other Users’ computers are damaged, we might be blamed even though a User left the virus on our System. If a User transmits illegal or improper information to another User, we might be blamed even though we did nothing more than unknowingly carry the message from one User to another. Accordingly, we need all Users to accept responsibility for their own acts, and to accept that an act by another User that damages them must not be blamed on us, but only on the other User.
Although it is the Company goal to provide Users with a reliable, quality system, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to Users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our Service, the Company must deny any warranties on this Service and insure that our liability for any problems connected with the use of our system is strictly limited. The following disclaimers accomplish these needs:
Disclaimer of Warranties. The User expressly agrees that use of the Service is at the User’s sole risk. The Service is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranty that the Service will meet User’s requirements, that the Service will be uninterrupted, timely, secure, or error-free; nor does the Company make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the software will be corrected. The Company makes no warranty regarding any goods or Services purchased or information obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by the User from the Company shall create any warranty not expressly stated herein.
Limitation of Liability. The User agrees that the Company shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the Service or for cost of procurement of substitute goods and Services or resulting from any goods or Services purchased or obtained or messages received or transactions entered into through or from the Service or resulting from unauthorized access to or alteration of User’s transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if the Company has been advised of the possibility of such damages. The User further agrees that the Company shall not be liable for any damages arising from interruption, suspension or termination of Service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Except as expressly provided below, neither party shall be liable in any way to the other party or any other person for any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or for any punitive, indirect, special, incidental, consequential or similar damages of any nature, whether foreseeable or not, under any warranty or other right hereunder, arising out of or in connection with the performance or non-performance of any order, or for any claim against the other party by a third party, regardless of whether it has been advised of the possibility of such claim or damages. Notwithstanding anything to the contrary in this Agreement, the Company's maximum liability under this Agreement for all damages, losses, attorney fees, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed $100.00. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in this Section shall not apply to User’s indemnification obligations. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Any controversy or claim arising out of or relating to this Agreement or the Company Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Los Angeles, California, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Los Angeles, California, necessary to protect the rights or property of the User or the Company pending the completion of arbitration. This arbitration clause does not prohibit either the Company or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Los Angeles, California.
Users may cancel their membership to the Service at any time by emailing the Company at cancel@simplyprospects.com. There are no cancellation fees, however, User will be liable for the payment of any outstanding charges or fees immediately at the time of cancellation. The Company may, at its sole discretion, allow for refunds or credits for purchases made by the User up to seven (7) calendar days from the date of purchase. Requests for refunds must be made in writing via postal mail to the address below or by email to refunds@simplyprospects.com.
Please use this address for refunds and cancellations:
SimplyProspects.com
Refunds & Cancellations
1434 6th St.
Suite #9
Santa Monica, CA 90401
Revised: June 2011
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