Thank you for visiting our website (the “Site”). These terms and conditions (the “Terms”), are a legal agreement between you (“you” or “your”) and Uncontested.com, Inc. (collectively referred to as “Uncontested.com,” “us,” “we,” or “our”).
The Agreement governs your use of all Services made available through the Site, as well as all mobile applications that link to or reference the Agreement. Your use of the Services is your acceptance of this Agreement and the terms of the Privacy Policy When we change these Terms in a material way, we will update the “last modified” date at the end of the Terms, and when you next access the Site, you will be required to accept the modified Terms prior to using the Service. Changes to these Terms are effective when they are posted on this page. You are responsible for regularly reviewing this Agreement, and your continued use of the Site or any Services that we provide after any changes have been made will constitute your consent to such changes. You can reject any new, revised, or additional terms by discontinuing use of the Site and any Services that we provide.
1. Definition.
“Agreement” or “Agreements” shall mean the Privacy Policy and these Terms.
“Attorney” shall mean an attorney who has licensed the Software and Services from us to deliver legal services to Users pursuant to a Legal Services Agreement.
“Attorney Content” shall mean any form of content or information, including without limitation to documents, information or questionnaire forms, text, video, blogs, discussion form posts, digital images, audio files, and other forms of media uploaded or posted to or through the Service to Users by an Attorney.
“Client Materials” shall mean any form of content or information, including without limitation to documents, responses to questionnaire forms, text, video, blogs, discussion form posts, digital images, audio files, and other forms of media uploaded or posted to or through the Service to an Attorney by a User in connection with obtaining or receiving legal services from that Attorney.
“Legal Services Agreement” shall mean the agreement a User enters with an Attorney through the Service.
“Our Content” shall mean the Site Content minus the Attorney Content and User Content.
“Service” shall mean the Site and any Software provided by us through the Site, a mobile application, or otherwise.
“Site Content” shall mean the Site and its entire contents, features, and functionality (including but not limited to all information, software, algorithms, equations, data, symbols, pictures, games, text, displays, blogs, images, video, and audio, and the design, selection, and arrangement thereof).
“Site Member” shall mean any User who has created an account and shall include any present or former agent, representative, partner, member, independent contractor, employee, temporary employee, servant, attorney and any entity or person who had authority to act on the such User’s behalf.
“Software” shall mean the certain software made available to you from the Site together with all files and images contained in the software and accompanying data.
“User” or “you” or “your” shall mean any user of the Services, whether or not such user has created an Account, and shall include any present or former agent, representative, partner, member, independent contractor, employee, temporary employee, servant, attorney and any entity or person who had authority to act on your behalf. Without limiting the foregoing, Users shall include Site Members.
“User Content” shall mean any form of content or information, including without limitation to documents, responses to questionnaire forms, text, video, blogs, discussion form posts, digital images, audio files, and other forms of media uploaded or posted to or through the Service and any form of content or information provided by you to us in connection with the Service. User Content shall include, without limitation, your Client Materials.
2. About the Uncontested.com Service
2.1 We are not a law firm. We do not offer legal representation, legal advice, legal opinions, recommendations, referrals, or counselling. We are a software service provider to legal professionals. The Attorneys who deliver their legal services through our Software and Services are not our employees or agents. We are not involved in any agreements, including without limitation Legal Service Agreements, between Users and their Attorneys or in the representation of Users by Attorneys. At no point may we be held liable for the actions or omissions of any Attorneys performing legal services for Users.
2.2 We are not a referral service or employment agency. We do not select or endorse any individual Attorney to provide services to a User. While we use commercially reasonable efforts to confirm that the Attorneys licensing our Services and Software are licensed attorneys, we do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any of these Attorneys. We do not warrant or guarantee that Attorneys are covered by professional liability insurance. We encourage Users to research any Attorney before accepting professional advice.
2.3 We do not vouch for any of our Attorneys. We simply provide a platform on which those seeking legal assistance may communicate and transact business with Attorneys. We do not endorse any of the Attorneys and do not sanction statements that Attorneys make on the platform. We make no representation concerning the qualifications of Attorneys.
2.4 We do not guarantee results. From time to time, Users may submit reviews of Attorneys and the services that they have been provided through the Software and Services; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future legal matter. We have no responsibility or liability of any kind for any Attorney Content or User-generated content or advice you encounter on or through the Services, and any use or reliance on Attorney Content or User-generated content or advice is solely at your own risk.
2.5 Use of the Services does not create an attorney-client or other professional relationship with us. We do not offer legal advice or services. Any use of the Service is not intended to, and does not, create an attorney-client relationship. We are not liable for the actions or omissions of any Attorney consulting or performing services for you.
3. Limited License and Restrictions on Use
3.1 Limited License. You are granted a non-exclusive, non-transferable, limited license to access and use the Services. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that we shall provide Users with 30-days’ notice of any modification that materially reduces the functionality of the Service. Continued use of the Service following any modification constitutes your acceptance of such modification.
3.2 Personal Use Only. You may not resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of, the Site.
3.3 Interference with Intellectual Property or Advertising. You may not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices on the Site or these Terms.
3.4 Copying. You may not reproduce, distribute, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet (“CSS”) or any visual design elements without our express consent.
3.5 Mining. You may not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to mine, scrape or aggregate data from the Site.
3.6 Denial of Service Attacks. You may not take any action that may impose an unreasonable burden or load on the Site or its servers and/or infrastructures.
3.7 Reverse Engineering. You may not actually, or seek to, modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website to falsely imply that it is associated with the Service, Site Content, Software, us, or any other software or service provided by us.
3.8 Interference with Functionality of Site. You may not use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site. You may not use any device, software, or routine that interferes with the proper working of the Site. You may not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. You may not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Website is stored, or any server, computer, or database connected to the Site. You may not otherwise attempt to interfere with the proper working of the Site.
3.9 Interference with Security Features. You may not access content or data not intended for you or log on to a server or account that you are not authorized to access. You may not attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without prior written authorization by us. You may not interfere or attempt to interfere with our services provided to any User, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, flooding, spamming, mail bombing, compromising or crashing the Site. You may not use the Site to send unsolicited e-mail, including, without limitation, promotions, links or advertisements for products or services. You may not forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using and/or associated with the Site. You may not attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to any form any of the source code we use to provide and maintain the Site.
4. Content Standards. User Content must in its entirety comply with all applicable federal, state, local, and international laws or regulations (the “Laws and Regulations”). We reserve the right to terminate your distribution of any such prohibited material, and, to delete any such prohibited material from the Site and our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Agreement or of any applicable Laws and Regulations. Without limiting the foregoing, User Content must not:
4.1 Post, upload, or promote any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
4.2 Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
4.3 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
4.4 Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with the Agreements including the Laws and Regulations;
4.5 Be likely to mislead or deceive any person;
4.6 Promote any illegal activity, or advocate, promote, or assist any unlawful act;
4.7 Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, injure or annoy any other person;
4.8 Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
4.9 Involve commercial activities or sales, such as contests, games, sweepstakes, and other sales promotions, barter, or advertising;
4.10 Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
5. Access to Services and Access Security.
5.1 18 Years of Age and Older. Our Site is only for use by users who are at least 18 years old and reside in the United States, its territories and possessions, or Users of at least 18 years old that are outside the U.S. that consent to use the Site according to U.S. laws and the Laws and Regulations. By using the Site, you acknowledge that you meet these eligibility and residency requirements.
5.2 Internet Outages. Our Site may be subject to limitations, delays, outages, and other problems that are inherent in the use of the Internet, software, and other electronic communications. We are not responsible for such delays, failures, or other damages that result from such problems.
5.3 Accounts.
5.3.1 Account Registration. You must provide personal information, including your name and email, to create an account on the Site that will allow You to access the professional services platform (“Account”). When you register for an Account and at our discretion, your Account will be subject to verification, including, but not limited to, validation against government or other third-party databases to confirm your identity. You authorize us, directly or through third parties, to confirm your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. You must provide us with information about you that we request.
5.3.2 Account Credentials. We will provide mechanisms to access your Account that allow for user password management, transmit passwords entered in a secure format, and protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices. You will be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service. You will also be responsible for implementing policies and procedures to prevent unauthorized use of usernames and passwords and will promptly notify us upon suspicion that a username and password has been lost, stolen, compromised, or misused.
5.3.3 Closing Your Account. You may close your Account at any time by accessing your account settings through the Account. Account closure is subject to resolution of any outstanding balances related to any Legal Service Agreements and applicable federal, state or local law including any and all Laws and Regulations. Following any closing of your Account, you shall have ninety (90) days to retrieve any and all Content.
5.4 Right to Refuse Service. We may eliminate or limit your access to your Account in our sole discretion. Without limiting the foregoing, we may eliminate or limit your access to your Account if (i) we determine that you have modified or breached any agreement with us; (ii) you negotiate to pay fees to an Attorney other than as provided in Section 6; (iii) we determine that you have engaged, or are engaging, in fraudulent or illegal activities; (iv) you do not respond to account verification requests; (v) our banking and payment relationships otherwise preclude us from conducting business with you; or (vi) to manage any risk of loss to us, a User, or any other person.
6. Payments and Fees.
6.1 Unless an alternative arrangement is made with us by written agreement, Users agree to remit payment for amounts due under a Legal Services Agreement (the “Legal Fees”) through the payment feature of this Site pursuant to the terms and conditions of the Legal Services Agreements. In so agreeing, you are authorizing the applicable payment processor and us to (a) access your payment processing account and data, (ii) create charges and payments in your payment processing account, and (iii) deduct amounts (for example, fees and charges) from the amount that would otherwise be payable to us, any third party or an Attorney for transactions that are facilitated through the Service. Legal Fees are remitted to the Attorney. Uncontested.com does not provide legal services and does not charge for legal services. Payments of Legal Fees made through the Site’s billing platform are transferred directly to the Attorney’s payment account less any associated service and/or processing fees (e.g. credit card fees).
6.2 Users are responsible for providing complete and accurate billing, payment, and contact information to us in their Account profile and for immediately updating such information if and when any changes occur. All payments are exclusive of all federal, state, provincial, municipal or other taxes which Users agree to pay based on where the User is primarily domiciled. In addition to any fees, the User may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
6.3 Site Member Accounts may not be cancelled unless and until all amounts due and owing in connection with the Legal Services Agreements have been paid. There are no charges for cancelling an Account.
6.4 You are responsible for paying all taxes associated with your Account and the Services. If we have the legal obligation to pay or collect taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
6.5 Any and all payments by or because of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If you are required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, we receive an amount equal to the sum it would have received had no such deduction or withholding been made.
6.6 The Services do not include “matching” any User with an Attorney or recommending Attorneys to Users. You agree that we do not refer, match, or endorse any Attorney to you in exchange for a fee.
7. Legal Services Agreements.
7.1 Users may enter into certain written agreements with Attorneys, prepared by the Attorneys, to memorialize the terms and conditions under which the Attorney will provide professional services to a User (the “Professional Engagement Agreements”). The terms and conditions of the Legal Services Agreements and any other agreements between or among Users and Attorneys will not govern or supersede the terms and conditions of this Agreement with you. Without limiting the foregoing, no Legal Services Agreement may expand our obligations or restrict our rights under this Agreement.
7.2 You acknowledge and agree (i) we are not a party to any Legal Services Agreements; (ii) the formation of Legal Services Agreements between Users and Attorneys will not create an employment or service relationship between us and any User; and (iii) the manner and means of performing the legal services will be determined and controlled solely by the Attorney.
8. Security.
8.1 At all times, we, and any third-party vendors and hosting partners we utilize to provide the Service, do (i) use information security best practices for transmitting and storing User Content, adhering to industry standards; (ii) employ information security best practices with respect to network security techniques, including, but not limited to, firewalls, intrusion detection, and authentication protocols, vulnerability and patch management; and (iii) ensure host facilities maintain industry standards for security and privacy.
8.2 We shall report to you, with all relevant details (except those which could prejudice the security of data uploaded by other customers), any event that we reasonably believe represents unauthorized access to, disclosure of, use of, or damage to Content (a “Security Breach”). We shall make such report within 72 hours after learning of the Security Breach. In the event of a Security Breach, we shall (a) cooperate with you to identify the cause of the breach and to identify any affected Content; (b) assist and cooperate with you in investigating and preventing the recurrence of the Security Breach; (c) assist and cooperate with you in any litigation or investigation against third parties that you undertake to protect the security and integrity of Content; and (d) use commercially reasonable endeavours to mitigate any harmful effect of the Security Breach.
9. Ownership of Intellectual Property. Our Content is owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws including applicable Laws and Regulations. We retain all right, title, and interest in and to Our Content, including without limitation all software we created to provide the Site. These Terms do not grant you any intellectual property rights in or to the Site, or any of the components of the Site, including any software used in the Site, except as expressly provided herein.
10. User Grant of Limited License. You acknowledge and agree that you grant us (and our licensees, affiliates, successors, and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute User Content in any manner and any media, so long as User Content does not contain Client Materials as such term is defined in section 14.5. For Client Materials, you grant us a license to use any Client Materials as reasonably required for us to provide the Services consistent with the terms of the Agreements. Any User Content you post in a public forum on the Services will not be defined as Client Materials. Except for the non-exclusive revocable license to use the Site as provided in the Agreements, these Terms do not grant you any intellectual property rights in or to the Site or the Services or any of the components of either. You represent and warrant that you own all User Content or have sufficient rights in User Content to grant to us the foregoing license without infringing or violating any third-party rights. Further, you acknowledge and agree that we may retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights drafted by you to us under this license.
11. Copyrights and Digital Millennium Copyright Act
11.1 DMCA Notices. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:
- The signature (physical or electronic) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or the subject of infringing activity, and information that reasonably allows us to locate the material on the Site;
- Your name, address, telephone number, and email address (if available);
- A representation that the you have a good faith belief that use of the material in the manner complained of is not authorized by you (the copyright owner), your agent, or the law; and
- A representation that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please be advised that we will not respond to complaints that do not meet the requirements above. If we determine that the materials alleged to infringe your rights do not require removal, we will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful.
11.2 Counter-notices. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Counter-notices must include the following information:
(i) Your name, address, and telephone number;
(ii) A description of the source of the content that was removed;
(iii) A representation under penalty of perjury that you believe that the content was removed in error;
(iv) A representation that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district that we choose, and that you will accept service of process from the person who provided the original complaint; and
Your signature (physical or electronic is acceptable).
11.3 Updated Requirements. Notices and counter-notices with respect to the Site must meet the then-current statutory requirements imposed by the DMCA and should be sent to us through the address listed below. Please be aware that there can be penalties for false claims under the DMCA.
ATTN: DMCA Copyright Claims Department
Uncontested.com, Inc.
405 South Presa Street,
San Antonio, Texas, 78205
12. Indemnification. You hereby agree to indemnify and hold us harmless from and against any claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or expense, including attorneys’ fees, which arise from or relate to your breach of any obligation stated in the Agreements, and your negligent acts or omissions. We will provide you with prompt notice of any indemnifiable event or loss. You will undertake, at your own cost, the defence of any claim, suit or proceeding with counsel reasonably acceptable to us. We reserve the right to participate in the defence of the claim, suit, or proceeding, at our expense, with counsel of our choosing.
13. Representations, Warranties, and Covenants.
13.1 Identity. You warrant that you have accurately identified yourself through your Account and will maintain the accuracy of such identification and that you are 18 years or older.
13.2 Right to Do Business. Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under the Agreements and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
13.3 Content. You represent and warrant to us that we have the full power and authority to provide and use User Content that you provide under this Agreement and that the provision and use of User Content does not and will not violate any intellectual property or other proprietary rights of any third party or create any liability to any third party. You further represent and warrant to us that User Content does not contain any matter that is false, offensive, deceptive, or defamatory, or which may cause injury or result in damage to us or to any third party, and that User Content does not contain any bugs, viruses, or malicious code that may cause injury or result in damage to us or any third party.
13.4 Compliance. You represent and warrant to us that you will comply with all applicable laws, rules, and regulations in your performance under this Agreement. You further warrant that if you agree to our distribution of User Content to a third party, or if as part of this Agreement you subscribe to a service identified as being provided by a third party or consisting of third party software, then you agree to comply with all third-party terms of service.
14. Disclaimer of Warranties.
14.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
14.2 YOUR USE OF THE SITE, THE SITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE SITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, THE SITE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
14.3 WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
14.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.5 We do not confirm, and therefore do not warranty, each User’s or Attorney’s purported identity. The data we provide through the Site is the data the Attorneys submit, and we provide the information for convenience and not as an introduction, endorsement, or recommendation.
Last modified: November 15, 2018