TERMS OF SERVICE
Last Revised: August 25, 2016
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, A CLASS ACION WAIVER, AN ARBITRATION PROVISION, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. DO NOT AGREE TO THESE TERMS UNLESS YOU BOTH FULLY UNDERSTAND AND ACCEPT EACH PROVISION.
BY USING OR CONTINUING TO USE THE PLATFORM AND ANY OTHER ASSOCIATED SERVICES, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND, AGREE TO, AND ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS.
1. General Terms
These Terms of Service ("Terms"), together with our Payment and Fee Agreement and Content Policy, govern your use of www.bookitlegal.com and related software and services (collectively, the "Platform") provided by Book-It Legal, LLC (the "Company", "we," or "us"). The words "you" and "your" in these Terms refer to student users, attorney users, and unregistered visitors (collectively, "Users").
These Terms constitute a binding legal agreement between you and the Company. By using the Platform, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Platform.
We offer the Platform as a marketplace for attorneys and law students to connect and collaborate on projects. Through the Platform, attorneys may post requests for students to perform services ("Projects"), and students may apply to complete such Projects. If an attorney selects a student to work on a Project posted by the attorney, an agreement is formed directly between the attorney and student. We facilitate payment from attorneys to students in connection with the delivery of services and completion of Projects through the Platform.
The Platform is intended only for Users who are 21 years of age or older and who reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (the "Eligibility Conditions") for as long as you use the Platform: (a) you are either an attorney licensed and in good standing under applicable jurisdictional licensing requirements or (ii) a 2L, 3L, or LL.M. student currently enrolled at a law school accredited by the American Bar Association and have a cumulative law school GPA of 3.0 or higher; and (b) that you are of legal age to form a binding contract with the Company.
You understand and agree that we may revise the Eligibility Conditions from time to time and require new conditions and certifications, and that you will abide by such revised Eligibility Conditions or discontinue using the Platform.
You hereby authorize us to verify the above representations and warranties made by you, and you acknowledge and agree that we have the right, but no obligation, to verify such representations and warranties. Such verification may include without limitation conducting background checks, identification verifications, and confirming your ownership of email addresses or financial accounts. You further agree that the Company may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending or terminating your use of the Platform, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and acknowledge that the Company does not routinely conduct background checks of Users. You agree to make your own assessments and decisions about which Users to interact with via the Platform. It is your sole responsibility to conduct any and all background and reference checks regarding Users.
The Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, or damages arising from or in any way related to any inaccuracy, untimeliness, or incompleteness regarding a User's Eligibility Conditions, or any misstatements or misrepresentations made by any User.
4. School Policies, ABA Guidelines, and Rules of Professional Conduct
If you are a student, you agree not to use the Platform for any purpose that violates the policies of your academic institution and to comply with all rules or guidelines established by the American Bar Association regarding student work. You further agree to abide by the rules of professional conduct in both the jurisdiction where you are located and the jurisdiction where any attorney with whom you are working is located. Among other ethical duties, you agree to maintain the confidentiality of all information and documents related to all Projects (posted or active), including the identities of the attorney and client.
If you are an attorney, you agree to comply with all relevant rules of professional conduct, including those responsibilities regarding nonlawyer assistance, and to follow ethical obligations such as maintaining client confidentiality and preserving legal privileges.
5. Your Obligations and Conduct
In consideration of your use of the Platform, you agree: (a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Platform ("Registration Data"); (b) to maintain and promptly update the Registration Data and any information you provide to us to keep it accurate, current, and complete; and (c) to accept any risk of unauthorized access to information and Registration Data.
If you choose a username, password, or any other sign-on credentials 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 acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform. You agree to notify us immediately if you become aware of any unauthorized access to or use of your sign-on credentials or any other breach of security. You also agree to sign out of 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 access your account.
You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Platform or share with other Users through other means (collectively, "User Contributions"). You agree not to upload, post, or otherwise transmit User Contributions that: (a) are inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to the Company or other Users; (b) include unauthorized or unlawful disclosure of personal information; (c) violate or infringe anyone's intellectual property rights; or (d) contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. We reserve the right, but have no obligation, to edit or remove User Contributions that violate these Terms or for any other reason we deem necessary.
You agree to use the Platform in a manner that is lawful, relevant, and appropriate for the completion of each Project. Any use of the Platform that the Company, in its sole discretion, finds inappropriate or offensive may result in suspension or termination of a User with or without notice. The following are examples of the kinds of Use conduct that are prohibited by the Company:
(a) using the Platform for any purpose that is in violation of local, state, national, or international law;
(b) damaging, interfering with, disrupting, impairing, disabling, or otherwise overburdening the operation of any device, computer system, or network;
(c) attempting to gain unauthorized access to the Platform, other User accounts, or other devices, computer systems, or networks connected to the Platform;
(d) advertising or offering to sell any goods or services for any commercial purpose on the Platform that are not appropriate or relevant to the Platform;
(e) impersonating another person or allowing any other person or entity to use your user name, password, or membership;
(f) posting the same content repeatedly or spamming;
(g) downloading any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Platform;
(h) accessing, downloading, or copying any information, content, or materials from the Platform through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting, or other such means); or
(i) restricting or inhibiting any User from using and enjoying the Platform.
The Platform should not be used to transmit, exchange, or store any Protected Health Information (PHI) subject to the Health Insurance Portability and Accountability Act (HIPAA). You agree not to use the Platform to upload, transmit, or store any PHI.
You acknowledge and agree that a substantial portion of the compensation the Company receives for making the Platform available to you is collected as a service fee, which is only collected when Users make and receive payment through the Platform. Therefore, in consideration of the Company making the Platform available to you, you agree not to circumvent the payment methods offered by the Platform. By way of illustration and not in limitation, you agree not to:
(a) solicit students through the Platform to hire or pay outside the Platform;
(b) accept Projects or solicit attorneys identified through the Platform to receive services outside the Platform; or
(c) cancel any Project for the purpose of contracting separately with a student or attorney who you identified through the Platform.
Any attempt to circumvent the Platform may result in the suspension or termination of your User account at the Company's sole discretion. You agree to notify us immediately if another User improperly contacts you or suggests making or receiving payments outside of the Platform. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to us by emailing us at email@example.com.
This section only applies to work performed during the academic year and is not intended to interfere with or prohibit students from engaging in summer clerkships with attorneys students identify through the Platform.
Nothing in these Terms will be construed as restricting an attorney's right to practice.
7. Scope of Book-It Legal's Role
You expressly acknowledge, agree, and understand that: (a) the Platform is merely a venue where Users may connect and assign or work on Projects; (b) the Company is not a party to any contract or agreement between you and another User and will not be liable or have any obligations for any acts or omissions of any User arising from the breach of a contract to which the Company is not a party; (c) Users are not employees or independent contractors of the Company; (d) the Company does not in any way supervise, direct, or control Users or the services promised or rendered by Users; (e) the Company makes no representations as to the reliability, capability, or qualifications of any User or the quality of any services rendered by Users.
The Company disclaims any and all liability arising from the quality of services provided by Users, whether sounding in contract, tort, or any other legal theory.
8. Worker Classification
Attorneys are responsible and assume all liability for determining whether students they work with through the Platform are independent contractors or employees and engaging them accordingly. The Company disclaims any liability for such determination.
9. Content Accessible via Links
You may find links to other websites or resources on the Platform. The Company does not endorse and is not responsible or liable for any content or other materials on or available through third-party sites or resources.
10. Company Intellectual Property
The Company grants you permission to use the Platform in accordance with these Terms and solely for your own use. No other use is permitted. Except as specifically authorized by the Company, you may not access the Platform manually or with any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy, or monitor any portion of the Platform or any information, content, or material on the Platform. You may not link or frame to any pages of the Platform or any content contained therein, whether in whole or in part, without prior written consent from the Company. Any rights not expressly granted herein are reserved.
"Book-It Legal Trademarks" means all names, marks, logos, designs, trade dress, slogans, and other designations the Company uses in connection with its products and services. You may not remove or alter any Book-It Legal Trademarks or co-brand your own products or material with Book-It Legal Trademarks without our prior written consent. You agree not to incorporate any Book-It Legal Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations for use on or in connection with computer or internet-related products, services, or technologies. You must not modify, decompile, or reverse engineer any software the Company discloses to you except as permitted by law, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
11. User Intellectual Property and Work Product
Unless another explicit agreement is reached between a student and attorney User, upon the successful completion of a Project, the student's work product relating to the Project, including without limitation all intellectual property rights in the work product, will be the sole and exclusive property of the attorney. The Company owns no intellectual property rights in the Project work product of any User.
Users give the Company permission to use the content posted to our Platform to do what we reasonably believe necessary to provide our service both now and in the future, including storing, displaying, reproducing, and distributing the content.
You are responsible for the User Contributions you publish through the Platform and assume all risks associated with them, including anyone else's reliance on their accuracy or legal claims that might stem from them. By posting or storing content on the Platform, you represent that you have the necessary rights to publish that material, and that doing so does not conflict with any licenses you may have granted to others.
Except as expressly authorized by the Company or by other Users providing User Contributions, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the User Contributions of others, in whole or in part, by any means.
12. Copyright Infringement
We respect the intellectual property of others, and we ask our Users to do the same. We reserve the right to remove User Contributions we believe may infringe the copyright rights of others. It is our policy to terminate in appropriate circumstances the accounts of Users who are repeat infringers.
We comply with the Digital Millennium Copyright Act of 1998 (DMCA). If you believe in good faith that content or material hosted on the Platform infringes your copyright, you (or your agent) may send us a notice of copyright infringement.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (e.g., a copy of or link to your original work or clear description of the materials allegedly being infringed); (c) identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the content or material within the Platform (e.g., a link to the infringing User Contribution); (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. To submit a counter-notice, send us the following information: (a) a physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA notice is enough); (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided the copyright notification or an agent of such person.
Please send notices and counter-notices of copyright or other intellectual property infringement to:
Book-It Legal, LLC
ATTN: Copyright Notice
1500 First Avenue North
Birmingham, AL 35203
We suggest that you consult with a legal advisor before filing a notice under the DMCA, especially because that law imposes penalties for fraudulent or bad-faith claims.
13. Termination and Suspension
We reserve the right to suspend or terminate the account of any User with or without notice at any time in our sole discretion. You agree that, if you are suspended or terminated, you will make no further use of the Platform.
14. Disclaimer of Warranties
USE OF THE PLATFORM IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE PLATFORM, INCLUDING ALL INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF THE PLATFORM.
THE COMPANY MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE WORK PRODUCT THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY SERVICES OR WORK PRODUCT OBTAINED FROM STUDENT USERS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR BE DELIVERED IN A TIMELY FASHION; OR (D) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE PLATFORM, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
15. Limitation of Liability
THE PLATFORM MERELY PROVIDES A MARKETPLACE FOR ATTORNEYS AND LAW STUDENTS TO CONNECT AND COLLABORATE ON PROJECTS. YOU UNDERSTAND AND AGREE THAT THE COMPANY HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE PLATFORM AND THAT THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OR TIMELINESS OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE PLATFORM, OF ANY USER. THE COMPANY EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES THE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY ACTS OR OMISSIONS OF USERS ON OR OFF THE PLATFORM.
USERS OF THE PLATFORM TRANSACT BETWEEN THEMSELVES. THE COMPANY WILL NOT BE INVOLVED IN ANY USER INTERACTIONS, EXCEPT IN THE CASE OF PROVIDING REQUESTED CUSTOMER SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, EVEN IF THE COMPANY HAS PREVIOUSLY BEEN ADVISED OF OR REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE PLATFORM; (B) THE COST OR PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PLATFORM; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (X) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY OR ANOTHER USER, IF ANY, OR (Y) $2,500 (WHICHEVER IS LESS).
YOU AND THE COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND THE COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE PLATFORM OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM, EXCEPT AS PROVIDED FOR IN THIS SECTION 15.
16. Assumption of Risk
You agree and understand that you assume all risks when using the Platform, including any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
You further agree that you will cooperate as requested by the Company in the defense of such claims. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you will not, in any event, settle any claim or matter on behalf of the Company without the written consent of the Company.
18. Tax Reporting
We are a third-party payment network, and pursuant to Section 6050W of the Internal Revenue Code, we will provide Form 1099-K to the Internal Revenue Service for any student User who is paid over $20,000 through the Platform and participates in over 200 separate Projects in a single calendar year. If we submit Form 1099-K to the Internal Revenue Service, we will also send it to you. Otherwise, we will have no responsibility for determining the necessity of or for issuing any tax forms, or for determining, remitting, or withholding any taxes applicable to income generated through use of the Platform, and you will be solely responsible for determining whether you are required by applicable law to file any tax forms or remit to the appropriate authorities any taxes or similar charges applicable to the amounts you earn in connection with the completion of Projects through the Platform, as well as filing any such tax forms and remitting any such taxes or charges to the appropriate authorities.
19. Third-Party Payment Processor
Book-It Legal uses Braintree, a division of PayPal, Inc. (Braintree), for payment processing. In order for you to use Braintree's payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement (PSA) available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting these Terms, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.
20. Governing Law
All matters or disputes arising from or relating to the Platform or these Terms, including non-contractual disputes or claims, will be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule that would result in the application of the law of another jurisdiction.
You and the Company agree to submit to the personal jurisdiction of a state court located in Birmingham, Alabama or a United States District Court for the Northern District of Alabama for any legal suit, claim, action, or proceeding arising out of or related to these Terms or use of the Platform.
Any controversy, claim, suit, injury, or damage arising from or in any way related to the Platform, its use, User conduct, or these Terms will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) then in effect. If there is any inconsistency between the AAA Rules and this arbitration provision, the terms of the arbitration provision will control unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration. This arbitration provision will be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
You and the Company will attempt to agree on a single arbitrator. If agreement is not possible, each party will select its own arbitrator. Each party's arbitrator will, in turn, confer and select a single arbitrator. The arbitrator will base the decision on the evidence presented and in accordance with these Terms and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator's decision will be final and binding upon all parties.
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS FOR INJURY, HARM, LOSS, OR DAMAGE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED WILL NOT AFFECT OTHER USERS OF THE PLATFORM.
The arbitration will be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and the judgment of the arbitration award may be entered by any court having jurisdiction thereof.
Each party will pay its own attorneys' fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision will be construed to: (a) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law or (b) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.
You and the Company agree that any dispute is personal to you and the Company and that any such controversy, claim, suit, injury, harm, loss, or damage will be brought on an individual basis and will not be consolidated with any controversy, claim, suit, injury, harm, loss, or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms unenforceable.
22. Arbitration Opt Out
IF YOU DO NOT WANT TO ARBITRATE DISPUTES WITH THE COMPANY, YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY EMAILING US AT SUPPORT@BOOKITLEGAL.COM WITHIN 30 DAYS OF THE DATE YOU FIRST ACCESS OR USE THE PLATFORM.
You agree that any material breach of these Terms will result in irreparable harm to the Company for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Company will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if the Company seeks such an injunction.
24. Waiver and Severability
No waiver of any provision of these Terms will be a further or continuing waiver of that term. The Company's failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
25. Modification of Terms and Consent to Electronic Notice
These Terms may be modified from time to time. The date of the most recent revisions will always be available at www.bookitlegal.com. If we make changes that we believe will substantially alter your rights, we will notify you by sending you an email to the last email address you provided to us or by prominently posting notice of the changes on the Platform. By continuing to access or use the Platform after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the updated Terms are not acceptable to you, please cease using the Platform.
By agreeing to these Terms and using the Platform, you consent to the use of electronic means to provide notice to you via email or by posting notices or links to notices on the Platform.
26. Entire Agreement
These Terms and the Payment and Fee Agreement constitute the entire agreement between you and the Company relating to their subject matter and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder.
27. Contact Information
If you have any questions or comment about these Terms, feel free to contact us at firstname.lastname@example.org.