LEGALER AID TERMS OF USE
Last Updated: November 12, 2020
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. Legaleraid.org (the “Site”) is a website offered by Legaler Aid (collectively, Legaler Aid, a Wyoming non-profit, tax exempt charitable organization under Section 501(c)(3) of the U.S. Internal Revenue Code and Legaler Aid Limited, a registered charity with the Australian Charities and Not-for-profits Commission) (“Legaler Aid”, “we”, “us”, “our”). These Terms of Use (“Terms” or “Agreement”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site and all information submitted through it. For the purposes of this Agreement, “you” and “your” refers to any user of the Site (including Donors, Case Owners, Attorneys and/or Solicitors representing Case Owners, or anyone else accessing or using the Site).
Please read these Terms carefully before you start using the Site. You understand that these terms are a binding agreement between Legaler Aid and you and that your use of the Site constitutes your agreement to these Terms and our Privacy Notice found here. We may revise and update these Terms from time to time by posting the amended Terms on this Site in our sole discretion without notice to you. You agree that you will be bound by any changes to the Terms by using the Site immediately after any revisions and updates are made. Please check this page so you are aware of any changes, as they are binding on you. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. We are not liable if for any reason all or any part of the Site is unavailable at any time or for any period.
PLEASE DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE TERMS.
Please be advised that these Terms govern all activity on and use of our Site.
No Legal Advice or Legal Services. Legaler Aid is not a law firm and does not provide legal representation. This Site is being offered as a crowdfunding platform in an effort to improve the access to justice crisis that affects the lives of millions of individuals around the globe. The Site allows Donors (as defined below) to contribute monetary donations to a crowdfunding campaign to support society’s most vulnerable individuals’ ability to pay the cost of legal representation, costs associated with an applicable Case, and/or provide financial support to a Cause (as defined below) (“Campaign”).
No Monetary Return. Your donation of funds to any Case (as defined below) on the Site is at your own risk. Donating funds to a Campaign does not constitute a financial investment in such case and does not provide you with any future financial compensation for such donation.
No Endorsement. Legaler Aid does not endorse any content or Cases that are posted on the Site.
Accessing and Use of the Site
To access the Site or any of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site including any content, functionality, and services offered on or through the Site is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if, in our opinion, you have violated any provision of these Terms. You are responsible for both (i) making all arrangements necessary for you to have access to the Site and (ii) ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
This Site is offered and available to users who are eighteen (18) years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Legaler Aid. If you do not meet this requirement, you must not access or use the Site.
Definitions
As used in these Terms:
“Case” is a forthcoming or active legal proceeding that is the subject of each Campaign posted on the Site.
“Cause” is a not-for-profit organization that is working on expanding access to justice and is accepting donations for this purpose.
“Campaign Goal” is the minimum amount of funds that are required to be raised in order for a Campaign to be funded.
“Campaign Period” is the period during which Donors are able to contribute monetary donations to a Campaign.
“Case Owner” is any individual or entity that is seeking to raise funds through a Campaign.
“Donor” is an individual or entity that contributes funds to a Campaign and/or to Legaler Aid.
“Stretch Goal” is a stretch target that triggers after a Campaign has reached its Campaign Goal.
“Successful Campaign” means a Campaign that has met its Campaign Goal.
“Unused Funds” means funds that are remaining after a Case has ended.
“User Content” means any and all content, data, and information that is submitted, shared with us (whether verbal, in writing, or shared through emails, texts, instant messages, or in any other electronic format or in any other tangible form), or uploaded, posted, published, displayed, or transmitted through the Site in part or in its entirety.
Case Owners
All Case Owners are solely responsible for ensuring that they are using the Site in accordance with these Terms and are not violating any applicable federal, state, local, or international law or regulation.
In addition, you, as the Case Owner, have the sole duty to ensure that you, attorneys representing a party or parties involved in a Case or Cause, and your client(s) are not violating any confidentiality, attorney-client privilege, or any other privilege including, but not limited to, any attorney or solicitor ethics rules by using the Site, sharing User Content, or receiving funds from us or through the Site, including but not limited to, State Rules of Professional Conduct, the Model Rules of Professional Conduct, and the Australian Solicitor Conduct Rules.
Legaler Aid hereby disclaims all liability associated with any Case Owner’s, attorney’s, or client’s violation of any law, rule, or regulation in connection with the use of the Site.
Campaigns
The Site allows Donors to contribute monetary donations to a Campaign that gives parties involved in Cases the opportunity to request financial support to cover the cost of paying for legal representation, costs associated with an applicable Case, and/or provide financial support to a Cause
If a Campaign fails to reach its Campaign Goal, the donations provided by Donors will automatically be cancelled and the Case Owner will not receive any funds from the Campaign. Successful Campaigns will remain available, for the duration of the Campaign Period, for Donors to contribute additional funds. Successful Campaigns may have a Stretch Goal.
Pure Donation Designation
Donations provided to Campaigns that display a “pure donation” notification will not be refunded to donors even if the Campaign fails to reach its Campaign Goal (“Pure Donation Campaign”).
We do not have control over which Campaigns reach their Campaign Goal. We make no representation regarding a Case Owner’s ability to obtain funds from the Site, and we expressly disclaim all liability to a Case Owner for its failure to receive funds from a Campaign. We reserve the right to promote and present Campaigns on our Site in any manner we see fit or not at all at any time, and we shall have no liability for doing so or for any content related to a Case Owner’s Case or a Cause that is listed on our Site or any third-party website. In addition, Legaler Aid, in its sole discretion, shall have the right to decide the Campaign Period, Campaign Goal, and Stretch Goal for any Case or Cause listed on the Site.
If a Case Owner wishes to take down a Campaign, it must immediately notify us. A failure to immediately notify us will constitute a breach of these Terms.
Campaign Funds and Fees
Campaigns that do not meet their Campaign Goal. If a Campaign does not meet its Campaign Goal, the funds that were donated are refunded to the Donors of that Campaign. Refunded amounts to Donors are subject to applicable processing fees and charges.
Campaigns that meet their Campaign Goal. If a Campaign meets or exceeds its Campaign Goal, Legaler Aid’s fees along with any third-party fees and payment processing fees will be deducted from the fundraised amount prior to the Case Owner receiving any of the funds that have been raised.
Pure Donation Campaign Fees. Legaler Aid’s fees along with any third-party fees and payment processing fees will be deducted from the fundraised amount prior to the Case Owner receiving any of the funds that have been raised for Pure Donation Campaigns.
Legaler Aid is hereby authorized to deduct its fees, third-party fees, payment processing fees, and any other fees it sees fit in its sole discretion at any time from any donations to any Case or Cause.
Updates and Invoices
Updates
Case Owners are responsible for providing ongoing updates to Legaler Aid. Case Owners will immediately notify us at hello@legaleraid.org if any changes or updates occur in their Case or Cause, including but not limited to, a change in attorney representation, updates in the status of the Case, a change in the purpose of the organization, or any other change.
Invoices
At the request of Legaler Aid, Case Owner shall provide invoices and transaction receipts specifying how funds received from the Case Owner’s Case or Cause are allocated (including, but not limited to, the amount of funds distributed, a description of the legal services or other services provided, and the recipient(s)).
A Case Owner’s failure to provide updates and invoices to Legaler Aid will constitute a breach of these Terms.
Legal Representation Costs
Legaler Aid is not a law firm and provides no legal services or legal representation. You represent and warrant that you and your client are solely responsible for any and all costs, fees, and adverse costs in connection with your Case, and you agree to indemnify Legaler Aid for any damages, losses, costs, and expenses that you incur as a result of use of the Site, including but not limited to, any cancellation of donations, removal of your Campaign, rejection of your Case or Cause by us, adverse press, legal fees, and any other costs.
Payments
Funds raised from a Successful Campaign, subject to applicable fees, will be transferred to a Case Owner in any manner we see fit at any time.
The Case Owner hereby agrees that it will comply with all requests from Legaler Aid and provide all information requested by us in connection with any payments.
Legaler Aid hereby disclaims all liability to a Case Owner or to its client(s) for its failure to receive any funds from a Campaign.
Unused Funds
Legaler Aid has at its sole discretion the absolute authority to determine how any Unused Funds are used. The following are examples of potential uses of Unused Funds, but this list shall in no way limit or prohibit Legaler Aid from deciding how Unused Funds are allocated.
Without limiting the foregoing, Unused Funds may be allocated for:
· Legaler Aid’s charitable purposes;
· Causes;
· Cases;
· Other organizations;
· Individuals; or
· Any other recipient that Legaler Aid in its sole discretion sees fit.
If a Case Owner receives any funds that exceed the cost of the legal representation that they provided to their client or clients in connection with a Campaign, the Case Owner will immediately notify Legaler Aid at hello@legaleraid.org and transfer back all Unused Funds.
Legaler Aid may at its sole discretion take any action including legal action to recover any Unused Funds. Donors and Case Owners are not entitled to any rights or claims whatsoever against Legaler Aid to recover any donations or Unused Funds.
Donors
Donors are solely responsible for evaluating Cases and Causes. Donors can look into Case Owners, Cases, and Causes to the extent he or she feels necessary to make a determination on whether to donate.
ALL DONATIONS ARE MADE AT YOUR SOLE DISCRETION AND RISK. YOU HEREBY AGREE THAT YOU HAVE NO RIGHT, AND YOUR DONATION DOES NOT ENTITLE YOU TO HAVE ANY RIGHTS IN ANY CASE OR CAUSE, INCLUDING WITHOUT LIMITATION, ANY INFORMATION REGARDING THE LEGAL CASE OR RELATING TO THE REPRESENTATION OF ANY CLIENT(S), ANY SAY IN THE STRATEGY OR CONDUCT OF LAWYERS INVOLVED IN A CASE, ANY OWNERSHIP RIGHTS, CONTROL, OR SAY IN HOW ANY DONATED FUNDS WILL BE USED OR DISTRIBUTED.
In order to make a donation or contribute a donation to a Case or Cause, a Donor is required to provide Legaler Aid information, including but not limited to, its legal name, postal address, phone number, payment information (credit or debit card, bank account details, cryptocurrency wallet address, or other form of payment). Donors will comply with all requests from Legaler Aid and provide all information requested by us in connection with your identity and use of the Site. The processing of donations may be conducted through a third-party or other payment processor, such as Stripe, BitPay, Coinbase, and/or others.
You hereby agree to be bound to the terms, conditions, and privacy policies of any third-party services provided through the Site.
Legaler Aid reserves the right to refuse, condition, suspend, or cancel any donations or other transactions that we at our sole discretion see fit for any reason or no reason whatsoever at any time.
Donors’ personal information, including their contact information may be shared with Case Owners. You hereby agree that your personal information will be publicly available on the Site once you Donate to a Case or Cause, including but not limited to, your name, amount of your donation, and social media account details.
You represent and warrant that all information provided to us is true, accurate, current, and complete, and you agree to immediately notify us of any changes or inaccuracies of such information.
Code of Conduct
This Code of Conduct covers the listing criteria for Cases and Causes in addition to prohibited conduct and content.
Case and Cause Listing Criteria
Any and all Campaigns for Cases and Causes on our Site are subject to the following listing criteria:
· Anyone is permitted to submit a Case or Cause to Legaler Aid;
· All submissions of Cases and Causes are subject to approval; and
· All decisions regarding listings of Cases and Causes is the sole decision of Legaler Aid, which chooses Cases and Causes at its sole discretion.
· We reserve the right, in our absolute sole discretion, at any time to:
o Reject or remove any Case, Cause, or any User Content for any reason or no reason whatsoever;
o Investigate any information in connection with your Case or Cause;
o Remove, edit, modify, suspend, or terminate any content on the Site and in any services relating to the Site, including but not limited to, any active or inactive Case or Cause;
o Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
o Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site;
o Terminate, suspend, or ban your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms;
o Cancel any donations on any Case or Cause without notice to you, and we shall not be liable for any losses that you suffer or incur as a result of doing so;
o Determine the Campaign Period, Campaign Goal, and Stretch Goal; and
o Determine the recipient of any donations that are submitted to us, a Case, or Cause, including but not limited to, any Unused Funds.
Prohibited Conduct
You are solely responsible for ensuring that you are using this Site and any services provided on it in accordance with all applicable federal, state, local, or international law or regulation laws, rules, and regulations. You further agree that you are responsible for any and all User Content and that you will immediately notify us at hello@legaleraid.org if any Content is incorrect or if any changes or updates occur to your Case or Cause, including but not limited to, a change in attorney representation, updates in the status of the Case, a change in the purpose of your organization, or any other change.
You agree to cooperate with any request that Legaler Aid makes relating to your Case, Cause, or use of the Site. We reserve the right to report you to law enforcement authorities and take appropriate legal action including seeking restitution on behalf of ourselves and our users for any violation of the Terms.
The following provides a non-exhaustive list of prohibited conduct and content and illegal use of the Site. Without limitation of the foregoing, you agree not to use of the Site to:
· Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), industry requirement, any agreement to which you are bound, including any third-party services used in connection with your use of the Site;
· Collect funds for any purpose other than described on the Campaign;
· Use the Site if you are younger than eighteen (18) years of age;
· Submit any information that contains misrepresentations, inaccuracies, false statements, or defamatory, offensive, obscene, racist, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, misleading, or otherwise objectionable content;
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
· Obtain illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products;
· Obtain firearms, explosives, or other weaponry;
· Gamble or promote promotions involving monetary rewards;
· Fund or support terrorism, terriorists, terrorist recruitment, terrorist organizations, terrorist operations, advocation of terriorism, violence of any kind, call to arms, armament, the harming of any individual or animal, ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
· Support offensive, graphic, perverse, or sensitive content;
· 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;
· Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
· Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
· Use any device, software, or routine that interferes with the proper working of the Site;
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
· Otherwise attempt to interfere with the proper working of the Site;
· Publicize or remove any User Content;
· To intend to or to hide the origin of funds being donated; or
· Any other activity that Legaler Aid may deem at any time at its sole discretion to be unacceptable.
User Content
All User Content must comply with this Code of Conduct set out in these Terms.
Any User Content will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant us and our services providers, our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that all User Content complies with these Terms and that you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates, services providers, our licensees, successors, and assigns.
We are not responsible or liable to you or any third party for the content or accuracy of any User Content or any other content on any Campaign or otherwise provided on the Site.
You represent and warrant that all User Content:
· Is not privileged or confidential and only includes facts of the Case for which you are seeking to create a Campaign;
· Is accurate and free from any misrepresentations, inaccuracies, false statements, or defamatory, offensive, obscene, racist, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, misleading, or otherwise objectionable content;
· Does not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
· Does not infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other third party;
· Does not 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 be in conflict with the Terms;
· Does not cause annoyance, inconvenience, anxiety, embarrass, alarm, or annoy any other person;
· Is not likely to deceive any person;
· Does not promote any illegal activity or advocate, promote, or assist any unlawful act;
· Does not impersonate any person, or misrepresent your identity or affiliation with any person or organization;
· Does not give the impression that the content emanates form or are endorsed by us or any other person or entity, if this is not the case;
· Does not create a privacy or security risk or interfere with the Site or network;
· Does not scrape information of others; and
· Does not gain unauthorized access to the Site.
You are solely responsible for ensuring that any and all User Content does not break the attorney-client privilege, any other privilege, or any confidentiality requirements. A suspected or actual violation of any of the Terms will result in the immediate removal of your Campaign and the cancellation of any donations provided for the Case or Cause without notice to you.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS LEGALER AID AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Intellectual Property Rights
This Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Legaler Aid its 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.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your web browser for display enhancement purposes.
· You may print one (1) copy, or download extracts, of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
· Modify copies of any material from this Site;
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use any part of the Site or any services or materials available through the Site for any commercial purposes.
If you wish to make any use of material on the Site other than that is set out in this section, please reach out to hello@legaleraid.org.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Legaler Aid. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks
Legaler Aid’s name, terms, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Legaler Aid or its affiliates or licensors. You must not use such marks without the prior written permission of Legaler Aid.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. The information is provided solely on an “AS IS” and “AS AVAILABLE” basis. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Notice. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Site;
· Send emails or other communications with certain content, or links to certain content, on this Site; or
· Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you;
· Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
· Link to any part of the Site other than the homepage; or
· Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Code of Conduct set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
State Compliance
For disclosures on state charitable solicitation, please click here.
Disclaimer of Warranties
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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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.
YOUR USE OF THE SITE, ITS 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 SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LEGALER AID NOR ANY PERSON ASSOCIATED WITH LEGALER AID MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER LEGALER AID NOR ANYONE ASSOCIATED WITH LEGALER AID REPRESENTS OR WARRANTS THAT THE SITE, ITS 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 SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, LEGALER AID 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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LEGALER AID, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, SHAREHOLDERS/MEMBERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND ANY OTHER LOSS OR DAMAGE OF ANY KIND, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
ALL CASE OWNERS, ATTORNEYS, AND CLIENTS EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST LEGALER AID, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, SHAREHOLDERS/MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”) OF ANY LIABILITY: (I) ARISING FROM OR CONNECTED TO THE LISTING OF A CASE OR CAUSE ON THE SITE; (II) THE TIMING, MANNER, OR LENGTH OF TIME IN WHICH EITHER (A) INFORMATION ABOUT A CASE OR CAUSE IS OR IS NOT AVAILABLE ON THE SITE OR (B) A CASE OR CAUSE IS AVAILABLE FOR DONATIONS; (III) INFORMATION THAT IS PROVIDED OR OMITTED ABOUT A CASE OR CAUSE ON THE SITE; (IV) THE FAILURE TO RECEIVE OR THE TIMING OF RECEIVING FUNDS FROM US; (V) CLAIMS OF OWNERSHIP OVER ANY OF THE FUNDS RAISED; (VI) THE CANCELATION, REFUSAL, SUSPENSION, OR CONDITIONED ACCEPTANCE OF FUNDS BY US; (VII) ANY FEES THAT ARE REMOVED FROM FUNDS THAT ARE RAISED; (VIII) ANY RULINGS, DISPOSITIONS, OR OUTCOMES OF A CASE; (IX) INDIVIDUALS OR ENTITIES THAT CONTRIBUTE FUNDS TO A CASE OR CAUSE; (X) COSTS OR FEES INCURRED BY ANY CASE OWNER, ATTORNEY, AND/OR CLIENT AS A RESULT OF A LISTING OF A CASE OR CAUSE ON THE SITE; (XI) A VIOLATION OF ANY CONFIDENTIALITY, ATTORNEY-CLIENT PRIVILEGE, OR ANY OTHER PRIVILEGE AS A RESULT OF THE INFORMATION SHARED BY ANY CASE OWNERS, ATTORNEYS, AND/OR CLIENTS TO US, BY US, OR OTHERWISE; (XII) A VIOLATION OF ANY ATTORNEY ETHICS RULES BY SHARING OR LISTING INFORMATION ABOUT A CASE OR CAUSE OR THE ACT OR MANNER OF RECEIVING FUNDS FROM LEGALER AID; OR (XIII) ANY USER CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, OF LEGALER AID OR ANY RELEASEES OR OTHERWISE. ALL CASE OWNERS, ATTORNEYS, AND CLIENTS COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST LEGALER AID OR ANY RELEASEES, AND FOREVER RELEASES AND DISCHARGES LEGALER AID AND ALL RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
Indemnification
You agree to defend, indemnify, and hold harmless Legaler Aid, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the state or federal courts in the State of Wyoming, in each case located in the City of Cheyenne and County of Laramie, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Legaler Aid’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Wyoming law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Legaler Aid of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Legaler Aid to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms constitute the sole and entire agreement between you and Legaler Aid regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Contact Information
This website is operated by Legaler Aid:
Legaler Aid
3820 Central Avenue, #146
Cheyenne, WY 82001
USA
Legaler Aid Limited
Unit 10 105A Vanessa St
Kingsgrove NSW 2208
Australia
If you have any questions, comments, or need information, please email us at hello@legaleraid.org.