This User Agreement (“Agreement”) is a legal contract between you, as an individual (“you” or “User”), and Accident Consultants LLC (“Accident-Consultants” or “Company”). Under this Agreement, the Company provides you with information regarding independent legal service providers through the Accident-Consultants Platform Services (as defined below). The Accident-Consultants Platform Services allow you to seek legal assistance from an attorney who has agreed to pay a fee to the Company for using these services. By entering into this Agreement, you seek to access and use the Accident-Consultants Platform Services. You acknowledge and agree that the Company is a provider of technology services and does not offer legal services. To use the Accident-Consultants Platform Services, you must agree to the terms and conditions outlined below. Once you accept this Agreement (electronically or otherwise), both you and the Company will be bound by its terms and conditions. IMPORTANT: PLEASE BE AWARE THAT IN ORDER TO USE THE ACCIDENT-CONSULTANTS SERVICES, YOU MUST AGREE TO THE TERMS AND CONDITIONS BELOW. BY ELECTRONICALLY EXECUTING THIS AGREEMENT, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD ALL TERMS. THESE TERMS INCLUDE AN ARBITRATION CLAUSE WITH A WAIVER OF CLASS ACTIONS AND JURY TRIALS. YOU UNDERSTAND THAT THE ARBITRATION CLAUSE MAY SIGNIFICANTLY AFFECT HOW YOU OR ACCIDENT-CONSULTANTS RESOLVE ANY DISPUTE.
Affiliate refers to any individual, company, or organization that is directly or indirectly connected to another entity through common ownership, control, or relationship. An affiliate may also refer to a partner, subsidiary, or other related parties that work in collaboration or under the authority of a primary company, often for mutual business purposes or benefits.
Company refers to Accident Consultants LLC, along with its officers, shareholders, directors, employees, and representatives.
Company Data refers to all information associated with the access and use of the Accident-Consultants Services, including data related to Users (such as User Information), data concerning Attorneys, details about the provision of Legal Services through the Accident-Consultants Services, and the User ID.
Term is defined in the section below.
User ID refers to the unique identification and password provided by the Company to you, granting access to and use of the User Website.
Attorney refers to an independent legal service provider who has agreed to pay a fee to the Company for access to the Accident-Consultants Services.
Legal Services refers to the legal assistance and representation provided by an Attorney to Users.
Accident-Consultants Platform Services refer to services provided by Accident-Consultants that allow you to seek Legal Services. These services include access to software, websites, and related support systems, which may be updated or modified periodically.
User refers to you or any other individual authorized by Accident Consultants LLC to utilize the Accident-Consultants Platform to seek Legal Services provided by Attorneys.
User Information refers to details about you or any other User provided to Attorneys in relation to a User's request for Legal Services. This may include the User's name, contact information, and other relevant data.
Territory refers to the location of your residence as indicated in your User Information.
1. User ID’s: Accident-Consultants will assign you a unique User ID to allow access and use of the Accident-Consultants Platform in accordance with this Agreement. The Company holds the right to deactivate your User ID if you violate any key terms of this Agreement. You agree to keep your User ID confidential and refrain from sharing it with third parties. In the event of any suspected breach or misuse of your User ID, you agree to promptly notify the Company.
2. Provision of Legal Services: If an Attorney agrees to assist you with Legal Services, the Accident-Consultants Platform Services will share certain User Information with that Attorney. You agree not to contact any Attorneys for reasons other than seeking Legal Services through the Provision of Legal Services.
3. Your Relationship with Attorneys: The Company does not verify or certify the qualifications, skills, or background of any Attorney, nor does it provide any recommendations, endorsements, or representations regarding any Attorney. You acknowledge and agree that it is your responsibility to conduct any necessary investigations and take appropriate precautions when choosing an Attorney. You will be solely responsible for any damages or liabilities resulting from your acceptance of Legal Services. When you submit an inquiry about Legal Services in a specific Territory and area of law, the Company will provide you with the contact details of a randomly selected Attorney who has informed the Company that they practice in that field and Territory. You consent to the Company sharing your User Information with the Attorney, allowing the Attorney to contact you through the Platform. You also consent to being contacted by the Attorney via the Platform. Following the initial consultation with the Attorney, you may choose not to retain the Attorney at your sole discretion.
4. Your Relationship with Company: The Company is not your attorney and does not provide Legal services. The Company has no involvement in the financial arrangements you may make with any Attorney and does not receive any portion of the compensation you pay to an Attorney. No attorney-client relationship exists between you and the Company. The Company is not responsible or liable for any actions or omissions by any Attorney. The Company reserves the right to deactivate or restrict your access to the Accident-Consultants Platform Services if there is a violation or suspected violation of this Agreement, or if any actions or omissions by you cause harm to the Company’s or its Affiliates’ brand, reputation, or business, as determined by the Company at its sole discretion.
You acknowledge and agree that before seeking Legal Services through the Accident-Consultants Platform, you will be required to provide the following information: name, email, phone number, case type, and case description.
1. Intellectual Property Ownership: The content, software, logos, and other materials used in the Accident-Consultants Platform are owned by the Company or its licensors. These materials are protected by intellectual property laws, including copyrights, trademarks, and patents. Users do not acquire any ownership rights by using the Platform, and they may not use any content or materials from the Platform without prior written permission from the Company.
This establishes the Company's ownership over all intellectual property related to the platform, ensuring users are aware they cannot use or distribute the platform's content without consent.
2. Licensing: The Company grants you a non-exclusive, non-transferable, limited license to access and use the Accident-Consultants Platform solely for the purpose of seeking Legal Services. This license is subject to the terms of this Agreement and may be revoked if you violate any of its provisions.
Users are granted permission to access and use the platform, but this permission can be revoked if they fail to follow the rules outlined in the agreement.
3. User Data: You retain ownership of your User Information, such as your name, email, and case details. However, by using the Accident-Consultants Platform, you grant the Company a license to use, store, and share your User Information in accordance with the terms of this Agreement and the Company’s privacy policy.
This clarifies that users own their personal data but allow the Company to process and use that data in ways outlined by the privacy policy.
4. Content Submission: Any content you submit to the Accident-Consultants Platform, such as case descriptions or inquiries, becomes the property of the Company once submitted. The Company has the right to use, modify, distribute, or display that content, including for marketing and promotional purposes, in accordance with the platform's Terms of Service and Privacy Policy.
This ensures that any content submitted by the user can be used by the Company for its business needs, including promotion.
5. No Transfer of Ownership: The use of the Accident-Consultants Platform does not grant you ownership of any content, code, data, or materials you may access through the platform. All rights, titles, and interests in the Platform remain with the Company or its licensors.
This makes it clear that users do not have ownership of the platform itself or any assets related to it, even if they use it to seek Legal Services.
6. Third-Party Content: The Accident-Consultants Platform may contain content or services provided by third parties, such as legal articles or attorney listings. Such third-party content remains the property of the third parties, and you agree to respect their rights in accordance with applicable laws.
This addresses content or services not owned by the Company but provided on the platform by third parties. Users must respect those third parties’ rights.
7. Trademarks and Service Marks: The trademarks, service marks, and logos displayed on the Accident-Consultants Platform are registered or unregistered trademarks of the Company or its affiliates. You agree not to use or display any of these trademarks without the express written permission of the Company.
This protects the Company’s brand identity by preventing unauthorized use of its trademarks.
1. Confidential Information: You agree to keep any information shared with you through the Accident-Consultants Platform, including personal data, case details, and communication with Attorneys, confidential. You will not disclose this information to any third parties unless required by law or authorized by the relevant parties involved.
Users are expected to maintain the confidentiality of sensitive information shared through the platform, ensuring trust between the user and the attorney.
2. Attorney-Client Privilege: Any information shared with Attorneys through the Accident-Consultants Platform is subject to attorney-client privilege, which means that such information cannot be disclosed without the user's consent, except in certain legal circumstances. This privilege is separate from the Company’s confidentiality obligations.
This ensures that users understand that the communication between them and the Attorneys is legally protected.
3. Company’s Confidentiality Obligations: The Company agrees to maintain the confidentiality of any personal or case-related information you provide to use the platform. The Company will only share your information with Attorneys or third parties involved in providing you with Legal Services, and only to the extent necessary to facilitate the legal process.
The Company commits to handling the user's information with care and confidentiality, only sharing it with necessary parties involved in providing services.
4. Exceptions to Confidentiality: Confidentiality obligations do not apply in cases where disclosure is required by law, court order, or government regulation. In such cases, the Company or Attorney may disclose your information without prior consent.
The confidentiality clause includes exceptions in cases where disclosure is legally required, ensuring compliance with applicable laws.
5. Data Security: The Company will implement reasonable measures to protect your confidential information from unauthorized access, use, or disclosure. However, no system can guarantee complete security, and the Company is not liable for unauthorized access that occurs despite such measures.
This clarifies that while the Company takes steps to protect user data, there is no absolute guarantee of security.
6. Termination of Access and Confidentiality: If your access to the Accident-Consultants Platform is terminated, the Company will continue to treat any confidential information you provided with the same level of protection required by this agreement. Confidentiality obligations will survive termination of this Agreement.
Even if the user stops using the platform, the confidentiality of their information will be maintained.
7. Duration of Confidentiality: Your confidentiality obligations remain in effect even after you stop using the Accident-Consultants Platform. The Company’s confidentiality duties also continue after your relationship with the platform ends.
This emphasizes that confidentiality obligations do not end with the termination of the user’s access to the platform, ensuring ongoing protection of sensitive information.
1. Protection of User Information: At Accident-Consultants, your privacy is paramount. We ensure that any personal information you provide, such as contact details or case information, remains confidential and is used solely for facilitating your connection with legal professionals.
2. Use of User Information: Your information will only be shared with attorneys who are best suited to handle your legal request. We will not sell, rent, or lease your information to any third party unrelated to your legal case.
3. Cookies and Tracking: To enhance user experience, Accident-Consultants may use cookies to track site usage. This data is collected to improve the functionality of the site and provide more relevant services to you. You may opt-out of cookies by adjusting your browser settings.
4. Third-Party Links: Our platform may contain links to third-party websites for your convenience. Accident-Consultants does not control these external sites and is not responsible for the privacy practices or content found there. We encourage you to review their privacy policies before providing any personal information.
5. Retention of Data: We retain your data only for as long as necessary to provide services, fulfill legal obligations, and ensure effective processing of your case. Once your case concludes, or the data is no longer needed, it will be securely deleted.
6. Your Rights: You have the right to access, correct, or request the deletion of your personal information at any time. If you have any concerns about how we use your data, feel free to contact us for further clarification.
7. Policy Updates: Accident-Consultants reserves the right to update this privacy policy at any time. Any significant changes will be communicated through our platform to ensure that you remain informed about how your data is being handled.
By using Accident-Consultants Platform Services, you acknowledge and accept that there are inherent risks associated with seeking legal services. You agree to assume full responsibility for any potential risks or outcomes resulting from using our platform and engaging with attorneys. You waive any claims or liabilities against Accident-Consultants, its affiliates, or attorneys connected through our platform, acknowledging that our role is to facilitate connections and not to offer legal representation or advice directly.
1. By You. You hereby affirm and guarantee that: (a) you have the full legal capacity and authority to enter into this Agreement and fulfill your obligations under it; (b) you have not entered into, and during the Term will not enter into, any agreement that would hinder your ability to comply with this Agreement; and (c) you will adhere to all relevant laws, regulations, and policies while performing under this Agreement.
2. Disclaimer of Warranties: THE ACCIDENT-CONSULTANTS PLATFORM SERVICES AND ALL CONTENT, MATERIALS, AND INFORMATION AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMPANY DOES NOT WARRANT THAT THE PLATFORM SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT PROVIDE LEGAL SERVICES, AND THAT ANY LEGAL ADVICE OR SERVICES YOU RECEIVE THROUGH THE PLATFORM ARE PROVIDED SOLELY BY THE ATTORNEYS YOU SELECT. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALIFICATIONS OR COMPETENCE OF THE ATTORNEYS, OR THE OUTCOME OF ANY LEGAL MATTER YOU MAY PURSUE.
3. No Service Guarantee: ACCIDENT-CONSULTANTS MAKES NO GUARANTEE THAT YOU WILL RECEIVE LEGAL SERVICES OR THAT YOU WILL BE CONNECTED TO AN ATTORNEY WHO WILL ACCEPT YOUR CASE. THE PLATFORM SERVES AS A TOOL TO CONNECT USERS WITH ATTORNEYS, BUT DOES NOT GUARANTEE SUCCESSFUL OUTCOMES OR AVAILABILITY OF LEGAL REPRESENTATION. ANY ATTORNEY YOU MAY BE CONNECTED WITH THROUGH THE PLATFORM IS AN INDEPENDENT PROVIDER OF LEGAL SERVICES, AND ACCIDENT-CONSULTANTS DOES NOT CONTROL OR MANAGE THE PROVISION OF LEGAL SERVICES. YOUR ABILITY TO OBTAIN LEGAL ADVICE OR SERVICES IS DEPENDENT ON THE ATTORNEY'S WILLINGNESS TO ACCEPT YOUR CASE AND OTHER FACTORS BEYOND ACCIDENT-CONSULTANTS' CONTROL.
You agree to indemnify, defend (at the Company’s discretion), and hold harmless the Company, its Affiliates, and their respective officers, directors, employees, agents, successors, and assigns from any and all liabilities, expenses (including legal fees), damages, penalties, and fines arising from or in connection with: (a) your violation of any representations, warranties, or obligations under this Agreement; or (b) any claim by a third party (including Attorneys) related to your use of the Accident-Consultants Platform Services.
COMPANY AND ITS AFFILIATES SHALL NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES, WHETHER ARISING FROM CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES (i) INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY KIND; OR (ii) DAMAGE TO YOUR OR ANY THIRD PARTY’S PROPERTY, LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE, OR OTHER ECONOMIC BENEFITS. IN NO CASE SHALL THE LIABILITY OF COMPANY OR ITS AFFILIATES UNDER THIS AGREEMENT EXCEED.
1. Term: This Agreement will begin on the date you accept it and will remain in effect until terminated as outlined within this document (the "Duration").
2. Cancellation: Either party may end this Agreement at any time without cause by providing seven days' written notice to the other party.
1. Unless otherwise explicitly stated in this Agreement, the relationship between the parties is that of independent contractors. The parties specifically agree that no joint venture, partnership, agency, or attorney-client relationship exists between you and the Company.
2. You do not have the authority to bind the Company or its Affiliates, and you agree not to present yourself as an employee, agent, or authorized representative of the Company or its Affiliates.
1. Binding Arbitration. This provision is meant to be broadly applied. Any dispute or claim arising from or related to these Terms, your use of the Website, your connection with Accident-Consultants and/or its services, or any of its past, present, or future parent companies, subsidiaries, affiliates, or marketing partners (including Accident-Consultants clients), whether based on contract, tort, statute, fraud, misrepresentation, or any other legal grounds ("Dispute"), will be resolved through binding individual arbitration. However, either party may bring a Dispute to small claims court, provided it is not transferred or appealed to a court of general jurisdiction. Dispute shall encompass, but is not limited to: (a) any dispute or claim that occurred before the adoption of these or any previous Terms (including, but not limited to, claims related to advertising); and (b) any dispute or claim that may arise following the termination of these Terms. The arbitrator will determine all matters, including but not limited to issues concerning the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any other provisions in this Dispute Resolution section; as well as issues related to whether a Dispute is subject to arbitration. You and Accident-Consultants acknowledge that these Terms represent a transaction involving interstate commerce, and agree that this arbitration agreement will be governed and enforced in accordance with the Federal Arbitration Act and federal arbitration laws. For clarity, the procedural law applicable to the Dispute will be the Federal Arbitration Act and federal arbitration law.
2. The arbitration of any Dispute shall be managed and conducted according to the rules of the American Arbitration Association (AAA), including the AAA's Consumer Arbitration Rules, if applicable, and as adjusted by this arbitration agreement. Both parties acknowledge and agree that the AAA's administrative determination confirming that this arbitration agreement complies with the Consumer Due Process Protocols is final. Neither a court nor an arbitrator can challenge this determination. If the AAA is unable or unwilling to administer the arbitration in line with this agreement, the parties will mutually select an alternative administrator. If they cannot reach an agreement, they will request a court with proper jurisdiction to appoint an administrator.
3. The payment of arbitration fees will be determined by the AAA Rules and their fee schedule. Both you and Accident-Consultants acknowledge a mutual interest in minimizing costs and enhancing the efficiency of the arbitration process. As such, either you or Accident-Consultants may choose to discuss arbitration fees with the AAA, and both parties (including counsel, if applicable) agree to collaborate in good faith to ensure that the arbitration process remains financially viable for everyone involved.
4. Class Action and Jury Trial Waiver. Both you and Accident-Consultants agree that any legal proceedings, whether through arbitration or in court, will be conducted solely on an individual basis and not as part of a class, collective, consolidated, private attorney general, or representative action. You and Accident-Consultants waive any right to initiate or take part in such actions, either in arbitration or in court, to the fullest extent permitted by applicable law. However, the parties retain the right to be involved in a class-wide settlement.
1. Changes. If Company modifies the terms and conditions of this Agreement at any point, such changes will only be binding on you once you accept the updated Agreement, in accordance with the procedures outlined in this Agreement. Company reserves the right to alter any information provided through hyperlinks within this Agreement periodically. By using the Accident-Consultants Platform Services, you acknowledge and agree to be bound by any future revisions or additions to information provided through hyperlinks, as well as to any documents incorporated into this Agreement. Continued use of the Accident-Consultants Platform Services following such changes will signify your consent to those updates.
2. Additional Terms; Service Terms. There may be additional terms that apply to your use of the Accident-Consultants Platform Services, such as usage policies or specific terms related to certain features or functionalities, which may be updated periodically (“Additional Terms”). You may encounter these Additional Terms from time to time. These Additional Terms are supplementary to and considered an integral part of this Agreement. In the event of any conflict, the Additional Terms will take precedence over this Agreement.
3. Invalidity. If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be effective. In such cases, the parties agree to replace the invalid or unenforceable provision with one that is valid and enforceable, and that most closely reflects the original intent and purpose of the Agreement.
4. Transfer of Rights. The Company reserves the right to assign or transfer this Agreement, or any of its rights or obligations under this Agreement, at any time without the need for consent.
5. Complete Agreement. This Agreement, together with any Supplemental Terms, constitutes the entire understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements, representations, or understandings related to the same. In this Agreement, the terms "including" and "include" shall be interpreted to mean "including, but not limited to." The recitals form an integral part of this Agreement.
The recitals are considered an integral part of this Agreement. This Agreement does not create any rights or benefits for third parties. Nothing herein is intended to, nor shall it be construed to, grant any claims or entitlements to third-party beneficiaries.
6. Notices. Any notice from Company to you under this Agreement will be sent via email to the address associated with your account or posted on the portal accessible to you on the Accident-Consultants Platform Services. Any notice from you to Company under this Agreement should be sent to [email protected] or by mailing a letter to Accident Consultants LLC, 1229 Union Ave, Kansas City, Missouri 64101, United States.
7. No Governing Law. This Agreement shall be governed by and construed without regard to any principles of conflicts of law. The services provided through the Accident-Consultants Platform are available throughout the United States, and the terms of this Agreement apply to all users across the nation, without jurisdictional restrictions. Any disputes arising under or in connection with this Agreement shall not be subject to specific governing law requirements or limitations based on location.