These Terms of Service were last modified on September 2, 2021.
If you use our Services, your consent to these Terms is enforceable in the same way as if you had signed this Agreement. This Agreement includes an arbitration agreement and a class action waiver, which means you agree to submit any claim to binding individual arbitration, rather than proceed in court. If you do not agree, do not use these Services.
By agreeing to these Terms, an attorney-client relationship is not created.
LawHQ is a technology-first law firm. We are a law firm that provides digital solutions and services to better address legal issues. For example, we provide an e-signature service that allows you to digitally send documents for signature. We also provide an app called CallerHQ that allows Users to report telephone spam, we will track down the spammers, and then sue the spammers for you. We may also represent you as your attorney in a legal matter as any attorney might traditionally do. We expect we will also continue to develop and provide additional legal services for users.
Whether you may use any of our Services depends on your age, as required by relevant state law. You must be 13 years of age or older to use any of our Services, unless we have the consent of your parent or guardian. You must be 18 years of age or older to sign any attorney-client agreement in which LawHQ will represent you as your attorney (except if you live in Nebraska or Alabama you must be at least 19 years old, and if you live in Mississippi you must be at least 21 years old), unless we have the consent of your parent or guardian.
When you create a LawHQ account, sign an attorney-client agreement with LawHQ, or otherwise provide information to LawHQ, you must give us fully accurate information. You must only use our Services for lawful purposes, and you are prohibited from using it in any way that infringes on the rights of others or restricts or inhibits anyone else’s use of the Services.
You are prohibited from copying, reproducing, renting, leasing, loaning, or selling content retrieved from LawHQ or the Services, and from modifying, distributing, or reposting code or content from the same for any purpose. You are prohibited and agree not to create or use a false identity to use LawHQ or these Services and you are prohibited and agree not to collect or store personal data about others. You are prohibited from attempting to gain unauthorized access to the Services that are restricted from general access. You are prohibited from reverse engineering or creating derivative works based on any of our Services, the content of the same, or any layout or design without LawHQ’s express written consent authorizing You specifically to do so.
These Services may require you to download software to your phone or other mobile or internet-accessible device. By using these Services, you agree that we can automatically update that software, and that these Terms apply to any current software or future updates.
LawHQ grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to these Terms and Conditions and other policies.
One of the Services LawHQ provides is an iOS and Android app called CallerHQ ("CallerHQ"). If you use CallerHQ, you agree that LawHQ may access the information that you grant CallerHQ access to. This may include your call logs and contact list, as well as any calls, text messages, or voicemails that you report as spam or that our system identifies as spam. You agree that LawHQ may use any of this information to identify, track, block, and sue telephone spammers.
For any spam you report inside CallerHQ, you authorize LawHQ to call or text the spammers back on your behalf using your phone number as the Caller ID. If you use CallerHQ on Android, we may send these texts to the spammer through your phone via CallerHQ, otherwise we will make these calls and texts from our own phone system.
We provide a free voicemail service with CallerHQ. If you enable the CallerHQ voicemail, we will transcribe and store your voicemails. By enabling the CallerHQ voicemail, you authorize LawHQ to answer any calls that go to voicemail where (i) we have specific evidence to believe the caller is a spammer, (ii) we don't currently know the identity of the spammer or we are trying to uncover more information about the spam, and (iii) we have no record that the caller is in your contact list. If LawHQ answers any of your calls that go to voicemail, you will be able to see the voicemails and transcriptions inside CallerHQ.
By agreeing to these Terms, an attorney-client relationship is not created. If LawHQ is going to represent you in any legal matter, including pursuing any legal claims against telephone spammers, we will send you a separate attorney-client agreement that will define the scope and obligations of the representation. Both you and LawHQ will need to sign any separate attorney-client agreements that are entered into.
You authorize LawHQ (and any party acting on behalf of LawHQ) to contact you by phone call or text message, including using an automatic telephone dialing system, at any of the phone numbers you provide to LawHQ or at any of the phone numbers you verify when using our Services. You agree that you own these numbers or are authorized to provide consent for these numbers. Carrier message and data rates may apply.
LawHQ has a copyright policy according to the Digital Millennium Copyright Act and other copyright laws. We respect the copyright and intellectual property rights of others. We have a copyright and a patent pending on our Services. We may suspend or terminate your access if it appears you are infringing on our copyright or intellectual property, or on that of others. If you believe in good faith that your work has been copied, please direct inquiries to [email protected].
LawHQ works hard to protect your information from unauthorized third parties. You can help keep your information and that of others safe by creating a secure password and updating it. Notify us immediately if you suspect someone has used your account without your authorization or if your devices have been compromised. Keeping your contact information up to date and creating passwords that you don’t use on any other site or app can help keep you and everyone else safe. We will notify you immediately if we discovery any security breaches involving your information.
LawHQ’s Services currently do not contain third party content, links, sites, and services. We do not endorse any third parties or third-party services and do not assume any responsibility for any access to such websites, apps, or other content or services not directly provided by LawHQ. If you access those services, you do so at your own risk. This includes the devices you use to download LawHQ and to access and use our other Services. We cannot control those devices or what you put on them. You agree that LawHQ bears no responsibility from your use or access of any third-party website, service, product, device, or content.
Our Services and content are provided “as is,” without warranty or guarantees of any kind, whether implied or express. LawHQ explicitly disclaims all warranties and guarantees or conditions or merchantability, fitness for any particular purpose, and non-infringement. LawHQ explicitly disclaims any warranty or guarantee arising from or out of the course of dealing or usage of trade. LawHQ bears no responsibility or liability for any third party or User content. You understand and agree that you may encounter inaccurate content or content not suitable for your purposes. LawHQ does not currently provide Services to consumers in the EEA. If we decide to provide those Services in the future, we do not limit or exclude liability for gross negligence, intent, death, or personal injury caused by our negligence or willful misconduct.
LawHQ does not currently provide Services to consumers in the EEA. If we decide to provide those Services in the future and we cause damage to a consumer in the EEA, the above will not apply. Instead, LawHQ’s liability will be limited to foreseeable damages arising from breaches of material obligations within the contract that are typical for this type of contract. LawHQ will not be liable for damages that are a result of non-material breaches or other duties of care. Statutes may provide otherwise or prevent limitations on our liability. We cannot limit liability for death or personal injury caused by negligence or willful misconduct. We cannot limit or liability to exclude responsibilities if we specifically promised a service or outcome to you.
If you have a dispute with LawHQ, you agree with us to try to resolve it informally first. You agree to keep your email address up to date so we can contact you. In this Agreement, “dispute” and “claim” both mean any disagreement between you, LawHQ, or any involved third party relating to your account, your use or attempted use of our Services, your relationship with LawHQ, or this Agreement, including any act or omission by LawHQ or any third party relating to your use or attempted use of our Services.
Mandatory Pre-Dispute Procedures: You agree to negotiate with LawHQ in good faith by sending a written description of your problem to us and including the relevant and material information relating to the issue upon which you rely. You must send that information to LawHQ, LLC, ATTN: Legal, 299 S. Main Street, Ste. 1300, Salt Lake City, UT 84111. If the issue is not resolved within 60 days after LawHQ’s receipt of your written dispute, both parties agree to the provisions below.
Beginning Arbitration: Both you and LawHQ agree that any dispute or claim that can’t be resolved between us will be resolved through binding arbitration or in small claims court (excluding claims for injunctive or other equitable relief). Both parties must bring claims within 1 year after they arise. Both parties agree that any proceeding begun more than 1 year after the claim arises (including the 60 days outlined above) is barred. Both parties waive the right to a trial by jury, the right to participate in or bring a class action lawsuit, and the right to bring or participate in a representative class arbitration for issues arising from any dispute between us.
An arbitrator can give the same relief or monetary rewards as a court and has exclusive authority to resolve any dispute as to how this arbitration agreement is interpreted, applied, or enforced. You agree that the U.S. Federal Arbitration Act (9 U.S.C. §§ 1-16, as amended) governs how this clause will be interpreted and enforced.
Arbitration will be administered by the Judicial Arbitration and Mediation Service (“JAMS”) under the arbitration rules in effect at the time. You agree that each party is responsible for paying any JAMS fees or arbitrator/administrative fees in accordance with JAMS Rules. This Arbitration provision survives termination of this Agreement and termination or suspension of your LawHQ or LawHQ accounts or agreements.
Arbitration Location: If the claim is under $10,000, we agree that either party may choose to have the arbitration conducted solely on the basis of documents submitted to the arbitrator or via telephonic hearing, instead of in-person. If the claim is over $10,000, JAMS Rules will determine the right to a hearing.
Unless we agree otherwise, the arbitration will be conducted in Utah. If you bring your dispute in small claims instead of arbitration, you may file in any small claims court within the United States which has jurisdiction over the matter.
Class Actions or Consolidations: This Agreement prohibits claims from being brought as a plaintiff or class member of any representative or class proceeding. Upon appropriate notice, either party may request that the arbitrator consolidate Your claims with another arbitration based on similar underlying facts and claims.
Exceptions: Either party may seek injunctive relief or other equitable relief from the courts. Binding arbitration also does not apply to disputes concerning intellectual property violations, trade secret misappropriation, patent infringement, copyright infringement or misuse, trademark infringement or dilution, or unauthorized access to our Services.
You may have statutory non-waivable rights. If so, nothing in this provision affects those rights. If any claim, dispute, or controversy regarding our Services cannot be arbitrated by law or otherwise, you agree that the dispute or claim will be resolved completely in accordance with LawHQ’s Governing Law provision of these Terms.
These Terms are governed by the laws of the State of Utah, without respect to conflict of laws principles. All disputes arising from or in connection with this agreement are under the jurisdiction of the courts of Salt Lake County, Utah, or the United States District Court for the District of Utah and any dispute will be decided under Utah law.
LawHQ reserves the right to revise the Terms at any time. The most current version will be posted on our website. If a revision affects you, we will notify you by email or other means. If you continue to use LawHQ or our Services after a revision is in effect, you agree that those revisions are binding.
You cannot transfer or assign these Terms to anyone else except to LawHQ, including the duties, rights, or licenses granted by these Terms. Any attempted transfer or assignment violates these Terms and is null and void.
If any part of these Terms is waived at any time, it cannot be considered a continuing waiver or a waiver of other terms. LawHQ’s failure to assert a right or provision granted by these Terms is not a waiver of that right or provision. Any waiver must be agreed to by LawHQ in writing.