Terms Of Service

 

Last updated: April 20, 2021

 

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the websites, applications, services and mobile applications (the "Service") operated by Lawfully, Inc. ("us", "we", "our", or "Lawfully"). The Service includes but is not limited to the Lawfully USCIS Case Tracker application (the “Application”), self-application solutions for visa, citizenship and green card applications (“Self-Application”), access to third party lawyers for legal consult, and access to our online immigration community.

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms, whether or not you have created an account. If you disagree with any part of the terms then you do not have permission to access the Service.

 

Lawfully is not a law firm. No information provided by Lawfully shall be construed as legal advice.

 

1. Accounts

 

When you create an account with us or use our Service without creating an account, you represent and warrant that you are 18 or older, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

2. Collected Data And Information On The Service

 

When you use the Service, we collect information from you that could identify you, such as your name and likeness, email address, and/or mailing address (“Personal Information”). You agree to the processing, use, storage and disclosure of your Personal Information by Lawfully, as described in this Terms of Service and our Privacy Policy accessible at https://lawfully.com/privacy-policy/ (the “Privacy Policy”) (“Data”). The Data will be used to provide and improve the Service, as well as to identify and communicate with you, and to respond to your requests/inquiries. We recommend that you read the Terms carefully.

 

Part of the information our Service displays may contain both Lawfully-created content and content that is not created or developed by Lawfully, related to the legal process for you and your case (the "Legal Information"). We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we find violates our policies or the law. But we do not routinely screen third-party content that is published via our Service. This includes the Legal Information that lawyers post on Lawfully, and we cannot guarantee the accuracy, adequacy or quality of any such Legal Information, or the qualifications of those posting it.

 

3. Purchases

 

If you wish to purchase any product or service made available through the Service ("Purchase"), you may do so by submitting an order form and payment.

 

You may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your credit card number, the expiration date of your credit card, the CVV number, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. .

 

4. Paid Service

 

In addition to the basic, free of charge features, Lawfully also offers services subject to one-time payment and/or monthly, tri-monthly, semi-annual or annual subscription (the “Paid Service”) that may be processed through a third party mobile platform owner (for example, Apple or Google) or directly through Lawfully and its third party payment processor.

 

By selecting a Paid Service you agree to pay Lawfully the usage or subscription fees (the “Fees”) indicated for that service. You further agree to provide Lawfully with a valid payment method from which Lawfully will automatically charge Fees as they become due. Fees will be charged on the day your Paid Service goes into effect and will cover the use of that service for the period indicated.

 

You may be offered a free trial of a subscription to a Lawfully Service for a limited period of time. You are free to cancel a free-trial subscription at any time via the subscription setting in your Apple or Google account, or if you went through Lawfully mobile app or website, by logging in on the applicable mobile app or website to manage your subscriptions. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel at least 24 hours before the end of the free-trial subscription period or, if you purchased through Google, before the end of the trial period.

 

If you subscribed through a third party mobile platform owner (either through the third party platform or in-app), you may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your Apple or Android account. If you subscribed directly through a Lawfully mobile app or website, you may cancel your subscription at any time by logging in to manage your subscriptions on the applicable mobile app or website.


All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but cancel mid-month, your cancellation will be effective as of the end of that month. There is no refund on paid subscriptions once the charge has gone through for the billing period.

 

In case of subscription service, you agree that monthly, tri-monthly, semi-annual, or annual payments will continue to be charged to your payment method on a recurring basis until you cancel your subscription. The amount of the monthly recurring charge will be the then-current subscription fee applicable to the Paid Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Fees for Paid Service are not prorated or refundable. In no event will a cancellation or reduction in service relieve you of your obligation to pay the Fees that are due for the period prior to the effective date of cancellation or reduction in service.

 

A paid subscription to any Lawfully Service will auto-renew. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payment for a renewed subscription is processed with the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.

 

Certain Lawfully features are available for one-time purchase (no recurring subscription). Payment for such purchases may be through a third party mobile platform provider (for example, Apple or Google). European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and purchase a Lawfully Paid Service from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner’s terms in this regard before purchase.

 

If your payment method fails or your account is past due, Lawfully reserves the right to either suspend or terminate your Paid Service. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Paid Service. You agree to submit any disputes regarding any charge to your account in writing to Lawfully within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

 

Paid Service may include the publication of advertising or website (or mobile) content you provide to us (the “Paid Service Content”). You retain all rights in, and are solely responsible for, the Paid Service Content posted on the Service. You give Lawfully, our affiliates, providers of third party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Paid Service Content (in whole or in part) in providing the Service.

 

5. No Attorney-Client Relationship

 

Your use of Lawfully does not and will not create an attorney-client relationship between you and Lawfully. The content provided by the Service is only for the purpose of providing general information. The Legal Information found in Service is not the provision of legal services, and accessing such information, or corresponding with or asking questions to a lawyer via the Service does not create an attorney-client relationship between you and Lawfully, or you and any lawyer. It is not a substitute for an in-person or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue, and you should not rely on such Legal Information. You understand that questions and answers or other postings to the Service are not confidential and are not subject to attorney-client privilege. From time to time, Lawfully may introduce you to a lawyer through various methods, including but not limited to third party lawyer directory listings and a Limited Scope Representation Agreement. At no time is an attorney-client relationship fostered or created between you and Lawfully through the performance of any such services.

 

6. Third Party Lawyer Services

 

Lawfully is not a legal service provider. The Service includes various ways by which you can purchase legal services to be provided by a third party lawyer or have a direct, confidential discussion of your legal issues with a third party lawyer. While transaction fees for third party legal services may be processed through Lawfully, Lawfully is acting solely as a facilitator in the transaction. Lawfully cannot be held responsible for the quality or accuracy of any information or legal/consultation services provided by lawyers you work or connect with through the Service.

 

 

Fees. When you pay for a legal consultation or lawyer review services, you are liable for paying the lawyer for the services provided by that lawyer. Lawfully has no liability, either primarily or secondarily, for paying the lawyer. The legal or consultation fees you pay for such services are charged by the lawyer and passed through to the lawyer once services have been rendered. This is in addition to any fees Lawfully may charge you for using the Service.

 

No Legal Advice. Lawfully may, as part of its Service, offer lawyer review services. Such services are provided through a Limited Scope Representations Agreement between you and the lawyer assigned to your case.  You may request a copy of the Limited Scope Representation Agreement prior to purchasing lawyer review services. This Limited Scope Representation Agreement is between the independent law firm and/or independent lawyer, and you for the review of your immigration documents and forms. Lawfully is not a party to this agreement. When you opt in for lawyer review, you acknowledge and agree that Lawfully is not liable for services provided. All other fee arrangements must be negotiated directly between you and the lawyer. Lawyers may require that you execute a separate lawyer engagement agreement or provide a paid retainer prior to the delivery of any legal services.

 

No representations and warranties. Lawfully does not verify or warrant the accuracy of information included on the profiles of lawyers that advertise on the Lawfully platform. Lawfully disclaims any representation or warranty of any kind with regard to the quality or outcome of the legal services to be performed by any lawyer. There is no guarantee that by using the Service, or any legal services provided by any Lawyer, that your matter will have a successful outcome.

 

Personal Information. If you choose to pay for legal consultation or lawyer review services through Lawfully, Lawfully may share your Personal Information to the lawyer who will provide such services.

 

7. Self-Application Solution through USCIS

 

If you use the Lawfully Self-Application solution, your application will be filed through the U.S. government operated USCIS Electronic Immigration System (ELIS) (“USCIS”). You may be required to create a myUSCIS account and access the e-filing system to complete certain forms. You must list Lawfully as the “Preparer” in your USCIS forms.

 

You are solely responsible for the accuracy of all information included in forms that will be submitted through USCIS. While Lawfully may review forms for obvious errors or missing information, and/or provide general guidance on how to populate the forms, Lawfully is in no way responsible for the information that you include in a form or otherwise approve for inclusion in a form, or for any omissions in your paperwork.

 

As part of the Self-Application service, Lawfully will electronically submit your forms with accompanying data and information to USCIS. You maintain the responsibility of reviewing any forms submitted though to USCIS and determining that they are free of errors. Lawfully does not guarantee any acceptance or approval of any form(s) by the USCIS. However, you may be entitled to a refund from Lawfully if your application is denied. Please review Lawfully’s refund policy for more information. Through requesting the Direct Submission service, you expressly authorize Lawfully to send all data and information in connection with your application to the USCIS and any other U.S. government agency and retrieve any receipts or documentation related to USCIS submissions on your behalf.

 

The Self-Application service includes a lawyer review. The terms and conditions in Section 6 of this Agreement shall apply to such review.

 

8. Immigration Community

 

Lawfully will provide you access to its immigration Community (“Community”) through its online platform, subject to the terms and conditions herein. We strive to ensure that the immigration Community embodies our values and is a space where all members are respected. The following rules apply to your use of the platform. Lawfully at all times has the right to delete or modify content you submit through the platform. Should you violate any of the following rules, as determined in Lawfully’s sole discretion, Lawfully may immediately delete or suspend your user account.

 

When using the Community platform, you may not do any of the following:

 

a.  Submit statements or materials that violate, infringe, or breach the rights of any third-party, including, but not limited to any copyrights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights;

 

b. Submit statements or materials that are false, inaccurate, misleading, deceptive, defamatory, or libelous;

 

c. Submit statements or materials that are vulgar, obscene, indecent, hateful, or unlawful;

 

d. Submit statements or materials that are confidential, proprietary or disclose sensitive information about another person;

 

e. Submit statements or materials that are threatening, abusive, harassing, stalking, or defamatory;

 

f. Publish, post, upload, or otherwise distribute any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so; or

 

g. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer.

 

 

9. Disclaimer of Warranties

 

You acknowledge that Lawfully is not responsible for (i) the accuracy, reliability, timeliness, or completeness of any information or data provided through the Service, (ii) the results that may be obtained from the use of the Service, or (iii) the provision of your legal services. Your use of the Service is at your sole risk.

 

IN ADDITION TO ANY OTHER DISCLAIMERS INCLUDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LAWFULLY, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE.  LAWFULLY DOES NOT REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL BE FREE OF VIRUSES.

 

Some jurisdictions do not allow the exclusion of certain warranties, so the limitations above may not apply to you.  

 

10. Limitation Of Liability

 

In no event shall Lawfully nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF LAWFULLY

FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING OUT OF THESE TERMS, WHETHER BASED IN NEGLIGENCE, CONTRACT, TORT OR ANY OTHER FORM OF ACTION, EXCEED THE AMOUNT PAID BY YOU TO LAWFULLY FOR THE SERVICE AT THE TIME LIABILITY IS INCURRED. IN THE EVENT THAT LAWFULLY VIOLATES ITS PRIVACY POLICY, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF LAWFULLY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING OUT OF SUCH VIOLATION, WHETHER BASED IN NEGLIGENCE, CONTRACT, TORT OR ANY OTHER FORM OF ACTION, EXCEED LAWFULLY’S INSURANCE COVERAGE FOR THE LOSS OR CLAIM.

 

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.  

 

11. Intellectual Property

 

The Service and its original content, features and functionality are and will remain the exclusive property of Lawfully and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lawfully.

 

You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfers, modify, adapt, or prepare derivative works from, code from code from the Application or content that may be presented or content that may be presented or accessed through the Service for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Lawfully’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service.

 

You may provide content to Lawfully for use by Lawfully and/or other users in connection with the Service (“User Content”). You represent and warrant that you will use your best efforts to ensure that User Content is accurate and that User Content does not violate the intellectual property rights, including copyrights, of others. You retain all rights in, and are solely responsible for, User Content. You give Lawfully, our affiliates, providers of third party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to (i) use, modify, publicly perform, publicly display, reproduce, and distribute the User Content and (ii) use and exploit your name, nickname, pseudonym, initials, biography, likeness, trademarks, image or facsimile image, profile and other information provided by you to Lawfully, subject to the Privacy Policy (the “Content License”).

 

 

12. DMCA/Copyright Policy

 

Lawfully respects the intellectual property rights of others and we require our Users to do the same.

 

Lawfully has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed at the end of this policy.

 

If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Lawfully’s Copyright Agent:

 

·         Information reasonably sufficient for Lawfully to contact you: name, address, phone and e-mail address (if available);

·         A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;

·         Information reasonably sufficient to permit Lawfully to locate your work on the site;

·         A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;

·         A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;

·         A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Lawfully by mail, fax or email as set forth below:

 

Copyright Agent

Email:  gson@lawfully.com

Fax: 201-944-3660

Mailing Address: Rm 512, 5th FL., 2115 Linwood Ave., Fort Lee, NJ 07024

 

If sending your notice by electronic mail, please make sure to write DMCA Copyright Notice in the subject line.

 

 

13.Links To Other Web Sites Or Mobile App

 

Our Service may contain links to third party web or mobile services that are not owned or controlled by Lawfully.

 

Lawfully has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party services. We do not warrant the offerings of any of these entities/individuals or their web or mobile services.

 

You acknowledge and agree that Lawfully shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web/mobile services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party web/mobile services that you visit.

 

14. Termination

 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you can click on the Delete Account button in the app and the termination will be performed automatically. Or you may send us an email at help@lawfully.com and express your request. We will then perform the termination process.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

15. Indemnification

 

You agree to defend, indemnify and hold harmless Lawfully and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, b) a breach of these Terms; and/or c) any intellectual property infringement claim or breach privacy claim arising out of content or materials you provide to Lawfully through the Service.

 

16. Assignment

 

You may not assign this Agreement, and/or any of its rights and obligations hereunder, without the prior written consent of Lawfully.  This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and permitted assigns.

 

17. Governing Law; Dispute Resolution

 

These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between you and Lawfully regarding the Service.

 

Any dispute arising out of or related to this Agreement that cannot be resolved by informal and good faith negotiations between the parties, shall be settled by final and binding arbitration to be conducted by a single arbitrator in Bergen County, New Jersey, pursuant to the rules of the American Arbitration Association. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

 

18. Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is materialized we will notify you by, for example, sending a message to your account email. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

19. Contact Us

 

If you have any questions about these Terms, please contact us at help@lawfully.com.