MY LAWYER IS COMING TERMS OF USE

These Terms and Conditions are effective on March 9, 2017.

By accessing or using the “My Lawyer is Coming” application  (hereinafter “application” or “MY LAWYER IS COMING”) website or any MY LAWYER IS COMING application (e.g., mobile applications, computer applications, etc.) made available by MY LAWYER IS COMING (together, the “Services”), however accessed, the user agrees to be bound by these Terms of Use (“Terms of Use”). The Services are owned or controlled by Seth and Gadh, LLP (“The Firm”). These Terms of Use affect the user’s legal rights and obligations.  If the user does not agree to be bound by all of these Terms of Use, the user shall not access or use the Services.

There may be times when The Firm has a special feature that has its own terms of use that apply in addition to these Terms of Use.  In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

Basic Terms

  1. The user must be at least 18 years of age to use the Services.
  2. The user must be truthful in the application in order to receive accurate legal advice.
  3. Upon payment of a monthly retainer of $19.99, the user agrees to be a member of the application and conduct himself/herself in good faith and in accordance with all Federal, State and Local laws.
  4. The application will only require the bare minimum personal information in an effort to protect and maintain user’s privacy.
  5. Upon discovery of any potential conflict of interest between users, My Lawyer is Coming will offer to mediate the dispute or withdraw as counsel from both parties.
  6. The application will not transmit or sell any of user’s information to any third-party ever.
  7. The user’s monthly retainer will allow the user to ask legal questions through the application and have a lawyer on-call as detailed in the “Purchase Section and Intended Use” section of these Terms of Use.
  8. The attorney-client relationship is terminable by either party at any time with the user being entitled to a refund managed by Apple.
  9. If the user downloads the application but chooses not to be retained on a monthly basis then The Firm owes the user no attorney-client duty but all communication will remain confidential.
  10. The intent of the application is to provide answers to everyday questions and access to immediate help.
  11. The Firm will neither come to the scene nor aide any client in any drunken driving related situation. Please delete this app if you intend on using it to duck a DUI.
  12. The user is responsible for keeping his/her password secret and secure.
  13. The user is responsible for any activity that occurs through the user’s account and the user agrees the user will not sell, transfer, license or assign his/her account, followers, username, or any account rights.
  14. The use of the purchased version of the application invokes he attorney-client privilege and the user agrees to perform under that privilege. As such, all communication on the application is intended only for the user and shall not be re-transmitted or re-broadcasted in any manner.
  15. By accepting these Terms of Use, both the user and The Firm agree to conduct themselves in good faith and without malice.
  16. Subscription Terms: 1 month (1 issue)
    – Price: $19.99 per month
    – Payment will be charged to iTunes Account at confirmation of purchase
    – Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period
    – Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal
    – Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
    – No cancellation of the current subscription is allowed during active subscription period
    – Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication.

 Purchase Agreement and Intended Use

The user is independently responsible for complying with all applicable laws in all of the user actions related to the user’s use of the Services, regardless of the purpose of the use. If the user is using the Services on behalf of a legal entity, the user shall represent that the user is authorized to enter into an agreement on behalf of that legal entity.

  1. The purchase of a $19.99 monthly retainer will allow the user to send questions to an attorney and have them answered within 24 hours. More often that not, the user’s question(s) will be answered within 4 to 7 hours.  The user’s inquiries are unlimited (subject to discretion for idiotic inquiries)
  2. The payment of $19.99 will be made via Apple In-App Purchase.
  3. An appointment is based on availability and must be scheduled using the calendar feature in the application.
  4. The application has a “My Lawyer is Coming” feature that will immediately bring a lawyer to the user’s location (and when we say immediately, we mean the time it takes to get to the user – we are working on teleportation but no luck yet).
  5. The application features a chat option for inquiries, which will allow the user to chat with a lawyer during hours of operation. Additionally, a calendar option is available for the user to schedule an appointment to speak with a lawyer via telephone, videoconference, or in-person. These features are intended to provide the user with quick access to legal assistance.
  6. The application has an evidence-upload feature, which will allow the user to upload any information relevant to their issue (e.g., contract, bill of sale, picture, etc.). This information will remain confidential and the attorney-client privilege will apply to the content uploaded. This privilege is revocable should the content uploaded suggest a harm committed to society or evidence of a crime yet to be committed.
  7. The application shall never be used for any illegal or unauthorized purpose.
  8. The application is intended to provide the user with access to legal-related information and advice that ensures that the user is not taken advantage of in life. As such, the application is not intended to be used for nefarious purposes.
  9. The user is solely responsible for his/her conduct and any data, text, files, information, images, graphics or photos uploaded into the application.
  10. All free users are owed no duty by The Firm as the user’s only access will be the application’s text a question feature. The firm will keep all conversations confidential but will not be engaged in an attorney-client relationship unless the user retains.
  11. Violation of these Terms of Use may, in The Firm’s sole discretion, result in termination of the user’s account. The user understands and agrees that The Firm cannot and will not be responsible for the content posted on the Services and the users use the Services at the user’s own risk. If the user violates the letter or spirit of these Terms of Use, or otherwise creates risk or possible legal exposure for The Firm, then The Firm may stop providing all or part of the Services to the user.
  12. The Firm reserves the right, in its sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless The Firm makes a change for legal or administrative reasons, The Firm will provide reasonable advance notice before the Updated Terms become effective. The user agrees that The Firm may notify the user of the Updated Terms by posting them through the Services, and that the user’s use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as The Firm may reasonably specify) constitutes the user’s agreement to the Updated Terms. Therefore, the user should review these Terms of Use and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to the user’s use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  13. We reserve the right to refuse access to the Services to anyone for any reason at any time.
  14. The user agrees that the user is responsible for all data charges the user incurs through use of the Service.
  15. The Firm respects other people’s rights, and expect the user to do the same.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law.  For any action at law or in equity that the parties agree to opt of the agreement to arbitrate, the user agrees to resolve any dispute the user has with The Firm exclusively in a state or federal court located in New York County and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes.

Arbitration

Except if the parties agree to opt-out and except for certain types of disputes described in the arbitration section below, the user agree that disputes between the user and The Firm will be resolved by binding, individual arbitration and the user waives the user’s right to participate in a class action lawsuit or class-wide arbitration.

Disclaimer

The Services are provided “as is” and without any representation of warranty, whether express, implied or statutory.  The services, along with its parent and affiliates, and the officers, directors, agents, joint venturers, employees and suppliers of the Services, specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.  The Firm does not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the server that makes the service available is free from any harmful components, including, without limitation, viruses.  The Firm does not make any representations or warranties that the information (including any instructions) on the Services is accurate, complete, or useful.  The user acknowledges that the user’s use of the Services is at the user’s sole risk.  The Firm does not warrant that the user’s use of the Services is lawful in any particular jurisdiction, and the Firm specifically disclaims such warranties.  Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the user to the extent such jurisdiction’s laws are applicable to the user and these Terms of Use.

By accessing or using the Services the user represents and warrants that the user’s activities are lawful in every jurisdiction where the user accesses or uses the Services.  The Firm does not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

Limitation of Liability and Waiver

Under no circumstances will The Firm be liable to the user for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the My Lawyer is Coming content; (c) user content; (d) the user’s use of, inability to use, or the performance of the Services; (e) any action taken in connection with an investigation by The Firm or law enforcement authorities regarding the user or any other party’s use of the Services; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Services’ operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if The Firm has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).  In no event will The Firm be liable to the user or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the user.  In no event will the The Firm’s total liability to the user for all damages, losses or causes or action exceed one hundred United States dollars ($100.00).

The user agrees that in the event the user incurs any damages, losses or injuries that arise out of the use of the Services, including acts or omissions, the damages, if any, caused to the user are not irreparable or sufficient to entitle the user to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by The Firm, and the user will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by The Firm.

By accessing the Services, the user understands that the user may be waiving rights with respect to claims that are at this time unknown or unsuspected.  The Firm is not responsible for the actions, content, information, or data of third parties, and the user release The Firm, its directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim the user has against any such third parties.

Indemnification

The user and any third party for whom the user operates an account or activity with regards to the Services agrees to, at the Firm’s request, defend, indemnify and hold The Firm harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of the user’s direct activities on the application or those conducted on the user’s behalf): (i) user’s content or access to or use of the application; (ii) user’s breach or alleged breach of these Terms of Use; (iii) user’s violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) user’s violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by user.

User will cooperate as fully required by The Firm in the defense of any claim. The Firm reserves the right to assume the exclusive defense and control of any matter subject to indemnification by user, and user will not in any event settle any claim without the prior written consent of The Firm.

Enforceability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The Firm’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. The Firm reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of user’s transactions with the application.

Entire Agreement

Use constitute the entire agreement between the user and The Firm and governs the user’s use of the Services, superseding any prior agreements between the user and The Firm. The user will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of The Firm. Any purported assignment or delegation by the user without the appropriate prior written consent of The Firm will be null and void. The Firm may assign these Terms of Use or any rights hereunder without the user’s consent. These Terms of Use do not confer any third-party beneficiary rights.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.