Effective as of September 1st, 2017
By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of our services. The Website is available only to individuals who are at least 18 years old.
a. The term “Service” refers to the services provided by Case & Suit, including without limitation access to Case & Suit’s online community; communication tools; document management and storage solutions; and payment services. Case & Suit does not provide an attorney referral service or serve as an employment agency. We provide a venue for our Users to meet and exchange information with our Consultant Users.
c. The “Website” refers to Case & Suit’s website located at https://www.Caseand Suit.com, all subpages and subdomains, and all content, services, and products available at or through the Website.
d. “Case & Suit,” “We,” and “Us” refer to Case & Suit, Inc., as well as our affiliates, directors, subsidiaries, officers, and employees. Consultant Users are not part of Case & Suit.
e. “The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service. A User may be a Legal Client, a Consultant User, both, or neither.
f. “Consultant Users” refer to registered consultant users in the legal field who may provide contracting or consulting work to Case & Suit Users, who communicate with Consultant Users via the Service. Consultant Users are not the employees or agents of Case & Suit. Please see Section 6 of this Agreement for more information about Consultant Users.
g. “Legal Clients” refer to Users who submit requests for proposals from Consultant Users for providing legal services for a fee (“Project”). Consultant Users may submit proposals (“Quotes”) for such Jobs and may also establish terms of the relationship with the Legal Client via a signed engagement letter or other written agreement. Please see Section 6(b) for more information about Jobs, Quotes, and Legal Clients
h. “Content” refers to content featured or displayed on the Website, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website. Content includes, without limitation, User-Generated Content, which may be submitted by any Case & Suit User (Legal Client or Consultant User).
2. About the Case & Suit Service. The Case & Suit Service is a platform for collaboration and communication between legal professionals and Users seeking legal help. The Case & Suit Service provides access to Case & Suit’s virtual community of professional Consultant Users; easy collaboration through Case & Suit’s communication management tools; document management and storage; and simple, secure payment and invoicing tools.
a. Case & Suit Is Not A Law Firm. Case & Suit does not offer legal representation. Case & Suit does not offer any legal advice, legal opinions, recommendations, referrals, or counseling. Consultant Users are not the employees or agents of Case & Suit. Case & Suit is not involved in agreements between Users or in the representation of Users. At no point may Case & Suit be held liable for the actions or omissions of any Consultant User performing consulting services for you.
b. Case & Suit Is Not An Attorney Referral Service or Employment Agency. Case & Suit is not an attorney referral service or employment agency. Case & Suit does not select or endorse any individual Consultant User to service a User. While Case & Suit uses commercially reasonable efforts to verify that our registered Consultant Users are licensed attorneys (i.e., Verified Consultant Users), we do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any Consultant User, whether a registered or Verified Consultant User . Case & Suit does not warrant or guarantee that Consultant Users are covered by professional liability insurance. Case & Suit encourages Legal Clients to research any Consultant User before accepting professional advice.
c. Case & Suit does not vouch for any of its Users. Providing a service where potential clients and legal professionals can meet does not imply an endorsement of any subscribing attorney or service provider. Case & Suit does not sanction statements an attorney may post on the system. Case & Suit makes no representation concerning the qualifications of non-attorney legal service providers.
d. Case & Suit Does Not Guarantee Results. From time to time, Legal Clients may submit reviews of Consultant Users; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future legal matter. Case & Suit will have no responsibility or liability of any kind for any User-Generated Content or legal advice you encounter on or through the Website, and any use or reliance on User-Generated Content or legal advice is solely at your own risk.
e. Use of Case & Suit Does Not Create An Attorney-Client Relationship With Case & Suit. Case & Suit does not offer legal advice or services. Any use of the Case & Suit Service is not intended to, and does not, create an attorney-client relationship. Any communication via Case & Suit may not be held confidential. Case & Suit is not liable for the actions or omissions of any Consultant User performing consulting services for you.
3. User Responsibilities. You, and you alone are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.
a. User Account Security. If you sign up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Case & Suit. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Case & Suit immediately of any unauthorized use of account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
b. Relationship with Consultant Users. Because we cannot guarantee the fitness of any of our Consultant Users for your specific needs, we encourage Legal Clients to research any Consultant User before accepting professional advice. Legal Clients may also request a written legal engagement agreement specifying the terms, scope, limitations, and conditions of the representation.
c. No Reliance on User-Generated Content. User-Generated Content posted on the Website, such as blog posts, is provided for informational purposes only, with no assurance that the User-Generated Content is true, correct, or accurate. User-Generated Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. You should not delay or forego seeking legal advice or disregard professional legal advice based on User-Generated Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation. User-Generated Content is not regulated by any state or national bar association.
d. Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other Case & Suit policies.
4. Use and Conduct Restrictions. You are allowed to use the service as long as you follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules we expect users to follow while using the Service. We are not responsible for the content our users post, and we have the right to close accounts if we need to.
a. Prohibited Content. You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that
i. is unlawful or promotes unlawful activity
ii. defames, harasses, abuses, threatens, or incites violence towards any individual or group
iii. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
iv. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
vi. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights
vii. impersonates any person or entity, including any of our employees or representatives; or
viii. violates the privacy of any third party.
b. Users Must Be Over Age 18. You represent that you are over the age of 18. Case & Suit does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
c. No Liability for User Interactions; Case & Suit May Monitor Interactions. Any liability, loss or damage that occurs as a result of any User interactions, including, without limitation, Job Postings, that you input or receive through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
5. User-Generated Content. You own your content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove content if we need to.
a. Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
b. Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
d. Ownership of User-Generated Content. Except for Content that originates from Case & Suit, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your user account.
e. License Grant. Solely to allow Case & Suit to use Content you upload to the Service reasonably without violating any rights you have in it, you grant us the following rights: by posting any Content via the Website, you expressly grant Case & Suit and our successors a worldwide, sublicenseable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Case & Suit’s business purpose. This license does not grant Case & Suit the right to sell User-Generated Content or otherwise distribute it outside of our Website. This license will terminate at the time when the Content is removed from the Website.
6. Consultant Users. Consultant Users are independent legal professionals who offer to perform consulting services for prospective Legal Clients. They are not employees of Case & Suit.
a. No Attorney-Client Relationship through Website Use. Use of the Case & Suit Website may not form an attorney-client relationship with Consultant Users. Information posted or made available on or through the Website, including, without limitation, any responses to legal questions posted on the Website; information in Case & Suit’s Guides and Documents; information posted publicly on the Website; or information sent in an unsolicited message to a User is not intended as legal advice, is not confidential, and does not create an attorney-client relationship. It is considered User-Generated Content.
b. Attorney-Client Relationship through Service Use. An attorney-client relationship may be formed through the use of the Service between Users and Consultant Users only. Legal Clients may post Jobs through the Service. Consultant Users may submit Quotes and negotiate details of these Jobs prior to acceptance. Upon acceptance, the scope of a Consultant User’s representation is strictly limited to the matter agreed upon in the Bid unless Legal Client and Consultant User subsequently formalize their arrangement via a signed engagement letter or other written agreement, in which case the most recent written agreement would take precedence over a previously accepted proposal. A Bid is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon information contained in a Bid as legal advice. Case & Suit takes every reasonable effort to ensure the privacy of Quotes and other personal messages on our Service, but it cannot guarantee confidentiality. Communications requiring confidentiality should take place outside the Case & Suit Service, such as via telephone.
c. User Responsibilities. Consultant Users are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Website, including without limitation User-Generated Content, and any communications they may have with prospective clients through the Website or the Service, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.`
d. Payment of Consultant Users. Certain specific terms govern Consultant Users and payment.
i. Case & Suit Is Not A Party To Contracts. Legal Clients may contract with Consultant Users through posting and acceptance of Jobs. Such contracts are solely between the Legal Client and the Consultant User. Case & Suit will not be a party to any contracts for Jobs submitted through our Service, unless posted by an Case & Suit officer. Case & Suit facilitates these contracts by supplying a platform for communication management and payment tools.
ii. All Legal Fees Are Paid To Consultant Users. Case & Suit does neither provide nor charge for legal services. Case & Suit may charge a transaction fee for each Job facilitated by Case & Suit in exchange for the services Case & Suit provides to our Users
iii. Consultant Users Shall Receive Payment Through The Service For All User Transactions. Consultant Users who receive Jobs through the Service shall receive payment through the service for all transactions related to that user, including subsequent transactions not necessarily related to the initial Job. If a legal client is either unwilling or unable to make payment via Case & Suit, Consultant User agrees to notify Case & Suit of any new payment arrangement.
8. Third Party Content. There may be content from third parties on Case & Suit’s website, such as blog posts written by other users or links to other websites. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.
a. Access To Third Party Content. By using the Service, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Service is consent for Case & Suit to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
b. No Responsibility For Third Party Content. As part of the Service, Case & Suit may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to Service subscribers. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Case & Suit. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.
c. No Authorization To Use Third Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by Case & Suit’s terms and conditions.
10. Intellectual Property Notice. Case & Suit retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
a. No Transfer. Case & Suit retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Case & Suit or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
b. Specifically, Case & Suit, Case & Suit.com, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Case & Suit, Inc. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Case & Suit, except as an integral part of any authorized copy of the Content.
11. Email Communications. We use email and electronic means to stay in touch with our users.
b. Legal Notice To Case & Suit Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to Case & Suit or any of our officers, employees, agents or representatives in any situation where notice to Case & Suit is required by contract or any law or regulation.
12. Termination. You may cancel this Agreement and close your account at any time. Termination of the Case & Suit Service does not terminate attorney-client relationships or obligations.
a. You May Terminate This Agreement. If you wish to terminate this Agreement or your account with the Service, you may simply discontinue using Case & Suit. If you wish to delete your User account data, please contact Case & Suit at firstname.lastname@example.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 30 days.
b. Case & Suit May Terminate This Agreement. Case & Suit may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
c. Relationships Between Attorney And Client Survive Termination. Termination of your relationship with Case & Suit does not affect your relationship with any consultant or client you have retained through the Case & Suit Service. All legal, contractual, and ethical duties, obligations and responsibilities survive termination of the Case & Suit relationship.
d. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Payment and Transactions.
a. Payment Process. Payment will be processed as specified in the proposal and/or invoice and agreed upon by the Legal Client and the Consultant User. When a Job (or a segment thereof as pre-agreed in writing by the Legal Client and the Consultant User) is marked as completed by the Consultant User, Case & Suit will inform the Legal Client that the Job (or a segment thereof as pre-agreed in writing by the Legal Client and the Consultant User) is complete. The Legal Client must then pay the agreed-upon amount or request changes. If the Legal Client has taken no action after 7 business days, Case & Suit will have the right to charge the Legal Client's credit card, bank account, or PayPal account for the full amount of the agreed-upon fee or undisputed invoice, including an additional processing charge on any payment associated with government filing fees and/or other expenses paid out to a third-party (i.e. not the Consultant User). The Legal Client may submit disputes over payment to email@example.com provided that he or she adheres to the other conditions set forth in Section 14 (Legal Client-Consultant User Dispute Resolution Procedures).
b. Responsibility for Payment. You are responsible for all fees, including taxes and processing fees, associated with your use of the Service. By using the Service, you agree to pay the Consultant User through Case & Suit the amount agreed on in the Bid or undisputed invoice, unless you dispute the matter by sending an email to firstname.lastname@example.org and adhere to the other conditions set forth in Section 15 (Legal Client-Consultant User Dispute Resolution Procedures). You are responsible for providing us with a valid means of payment.
c. Case & Suit’s Responsibility. Case & Suit agrees to present you with a full invoice of each charge in advance of charging your credit card or PayPal account. Case & Suit agrees to pay the applicable Consultant User the amount received, less Case & Suit’s processing fee, if any.
d. Payment Authorization. By agreeing to these terms, you are giving Case & Suit permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize Case & Suit to satisfy. Depending on your Bid specifications, Case & Suit may charge you on a one-time or recurring basis. You authorize Case & Suit to charge you the full amount owed to any Consultant User via the Service, as well as Case & Suit’s processing fee, if any. For the avoidance of doubt, in the event that in a particular instance a Consultant User only uses the Services to invoice you for legal services other than those which are the subject of a Bid, by placing your credit card or PayPal account on file with Case & Suit or our third party payment processor, you acknowledge and agree that the payment terms set forth in this Section 12 shall apply.
e. Processing Fee Authorization. An applicable processing fee may be applied to payments to Consultant Users prior to deposit in their bank account. By agreeing to these terms, you are giving Case & Suit permission to charge this fee and are fully aware that it is part of the transaction between yourself and the Consultant User.
14. Consultant User Limited Project Payment Guarantee. Case & Suit guarantees the payment of each Verified Consultant User’s invoice for the completion of Jobs (or a segment thereof as pre-agreed in writing by the Legal Client and the Consultant User) for Legal Clients (Case & Suit’s “Limited Project Payment Guarantee”), subject to the following terms and conditions (the “Limited Payment Project Guarantee Conditions”):
a. The Legal Client has failed to satisfy the Verified Consultant User’s invoice (the dollar amount of such invoice, the “Unpaid Invoiced Amount”) by the end of the tenth (7th) calendar day after the invoice has been submitted (such date, the “Legal Client Payment Due Date”).
b. The Verified Consultant User has submitted to Case & Suit a written claim for the Unpaid Invoiced Amount (i) within a twenty-one (21) calendar day period, beginning on the day immediately following the Legal Client Payment Due Date (such period, the “Verified Consultant User Claim Submission Period”) and (ii) provide in reasonable detail the facts and circumstances of the Job, including any rationale provided by the Legal Client for his/her failure to make such payment and/or any rationale the attorney can in good faith speculate on as to why client refuses to make payment (such claim, a “Limited Payment Project Guarantee Request”). Failure to submit the Limited Payment Guarantee Request within the Verified Consultant User Claim Submission Period shall constitute such Consultant User’s permanent waiver of his or her right to receive the Unpaid Invoiced Amount from any person or entity, including Case & Suit and the Legal Client. To the extent that Case & Suit determines in its sole and absolute discretion that it is commercially reasonable to do so, it may continue its collection efforts with the Legal Client and if successful, the Verified Consultant User will receive his/her portion of the collected amount, minus any reasonable Case & Suit out-of-pocket collection expenses, pursuant to 12.e above.
c. In the event that the Verified Consultant User does submit a Limited Payment Guarantee Request within the Verified Consultant User Claim Submission Period, and such request contains the information set forth in clause 14.b. above, Case & Suit will attempt in good faith to work with the Legal Client and Verified Consultant User for a period of up to seven (7) calendar days from the date of the Limited Payment Guarantee Request (such period, the “Payment-Related Disputed Matter Mediation Period”) to resolve the matter which is the subject of the Limited Payment Guarantee Request (the “Payment-Related Disputed Matter”). In the event that the Payment-Related Disputed Matter is successfully resolved within the Payment-Related Disputed Matter Mediation Period, each of the Legal Client, Verified Consultant User and, if relevant, Case & Suit will take the agreed upon steps to execute the agreed-upon resolution.
d. In the event that the Payment-Related Disputed Matter remains unresolved at the conclusion of the Payment-Related Disputed Matter Mediation Period, by no later than the seventh (7th) calendar day after the end of the Payment-Related Disputed Matter Mediation Period (the date such determination is communicated in writing to the Legal Client and Verified User Consultant, the “Case & Suit Disputed-Amount Determination Date”), Case & Suit shall make a determination in its sole and absolute discretion (the “Case & Suit Disputed Matter Decision”), based upon the information theretofore provided by Verified Consultant User and, if provided, the Legal Client, as to whether the nature and quality of the legal services rendered in connection with the related Job are consistent with industry standards, the provisions of the related Bid and these Terms and Conditions. Should Case & Suit decide the Payment-Related Disputed Matter in favor of the Verified Consultant User, Case & Suit shall remit the Unpaid Invoiced Amount to the Verified Consultant User within seven (7) calendar days after the Case & Suit Disputed-Amount Determination Date, and the Verified Consultant User shall be deemed to have assigned all of his or her rights with respect to the Payment-Related Disputed Matter to Case & Suit. Notwithstanding anything stated herein or otherwise to the contrary, the dollar amount sought under this Section 14 shall not exceed the amount initially contracted between Legal Client and Verified Consultant User in relation to the Job or an amount subsequently agreed to in a signed engagement letter or other written agreement between the parties, and in any event shall never exceed $2,000 in aggregate across all unpaid invoices sent by the Verified Consultant User to the Legal Client.
e. Should Case & Suit decide the Payment-Related Disputed Matter in favor of the Legal Client, the Legal Client shall no longer be obligated to make payment of the Unpaid Invoiced Amount to the Verified Consultant User and shall be deemed to have assigned all of his or her rights with respect to the Payment-Related Disputed Matter to Case & Suit as of the Case & Suit Disputed-Amount Determination Date. In such event, the Verified Consultant User shall (i) be deemed to have waived his or her rights to seek such amounts from the Legal Client, and (ii) have the right to initiate binding arbitration proceedings with respect to the Unpaid Invoiced Amount against Case & Suit which are equivalent to those proceedings set forth in Section 20.d. hereof (Arbitration) by providing Case & Suit with written notice of his or her exercise of such right within ten (7) calendar days after the end of the Case & Suit Disputed-Amount Determination Date (such period, the “Payment-Dispute Arbitration Election Time Period”). In the event that the Verified Consultant User does not exercise his or her right to initiate arbitration proceedings during the Payment Dispute Arbitration Election Time Period, he or she shall be deemed to have permanently waived his or her right to payment of the Unpaid Invoiced Amount.
f. Should Case & Suit become aware that a Legal Client’s on-file credit card, PayPal account, or other approved methods of payment are no longer valid, or should Case & Suit become aware that a Legal Client is, without valid cause, either unwilling or unable to make payment for the Job, or any other Job or Unpaid Invoice on Case & Suit, Case & Suit will notify that Legal Client’s Verified Consultant User/Users of the potential issue related to payment (herein “the Notification”). All services performed by the Verified Consultant User prior to the Notification are subject to the “Limited Payment Guarantee,” though all services performed by the Verified Consultant User subsequent to the Notification will not be subject to the “Limited Payment Guarantee.” Should the Verified Consultant User submit an invoice to the Legal Client for services performed subsequent to the Notification, Case & Suit will still make efforts to collect payment for those services performed by the Verified Consultant User.
15. Legal Client-Consultant User Dispute Resolution Procedures. In the event that a Legal Client has a good faith belief that the nature or quality of the legal services rendered by a Verified Consultant User in connection with the relevant Job are not consistent with industry standards or the provisions of the related Quote or these Terms and Conditions, or the amounts invoiced for the legal services provided by such Consultant User are not consistent with such Bid (such matter, a “Services-Related Disputed Matter”), he or she shall be permitted to withhold payment of any disputed amounts which are the subject of such matter (the “Withheld Payment Amounts”), subject to the following terms and conditions (the “Withheld Payment Amount Conditions”):
b. In the event that the Legal Client does submit a Services-Related Dispute Notice within the Legal Client Dispute Notice Period, and such request contains the information set forth in clause 15.a. above, Case & Suit will attempt in good faith to work with the Legal Client and Consultant User for a period of up to fifteen (15) calendar days from the date of the Services-Related Dispute Notice (such period, the “Services-Related Disputed Matter Mediation Period”) to resolve the Services-Related Disputed Matter. In the event that the Services-Related Disputed Matter is successfully resolved within the Services-Related Disputed Matter Mediation Period, each of the Legal Client, Consultant User and, if relevant, Case & Suit will take the agreed upon steps to execute the agreed-upon resolution.
c. In the event that the Services-Related Disputed Matter remains unresolved at the conclusion of the Services-Related Disputed Matter Mediation Period, by no later than the fourteenth (14th) calendar day after the end of the Services-Related Disputed Matter Mediation Period, Case & Suit shall make a determination in its sole and absolute discretion (the “Case & Suit Services-Related Disputed Matter Decision”), and based upon the information theretofore provided by the Legal Client and Consultant User, as to whether the nature and quality of the legal services rendered in connection with the Job which is the subject of the Services-Related Disputed Matter were consistent with industry standards, the provisions of the related Bid and these Terms and Conditions. Should Case & Suit decide the Services-Related Disputed Matter in favor of the Verified Consultant User, the Legal Client shall be obligated to make payment of the Withheld Payment Amounts to such Consultant User within the seven (7) calendar day period after the date on which such Legal Client is notified in writing of the Case & Suit Services-Related Disputed Matter Decision (the “Case & Suit Services-Related Disputed Matter Decision Notice”). In the event that the Legal Client fails to make timely payment, Case & Suit will remit the Withheld Payment Amounts to the Consultant User who will assign his or her rights to reimbursement for such amounts to Case & Suit which may, in its sole discretion, process payment pursuant to Section 13.d and/or elect to pursue its rights and remedies against the Legal Client.
d. Should Case & Suit decide the Services-Related Disputed Matter in favor of the Legal Client, the Legal Client shall no longer be obligated to make payment of the Withheld Payment Amounts to the Verified Consultant User and shall be deemed to have assigned all of his or her rights with respect to the Services-Related Disputed Matter to Case & Suit. In such event, the Verified Consultant User shall (i) be deemed to have waived his or her rights to seek such amounts from the Legal Client, and (ii) have the right to initiate binding arbitration proceedings with respect to the Withheld Payment Amounts against Case & Suit which are equivalent to those proceedings set forth in Section 20.d. hereof (Arbitration) by providing Case & Suit with written notice of his or her exercise of such right within ten (7) calendar days after the date of the Services-Related Disputed Matter Decision Notice (such period, the “Services-Related Arbitration Election Time Period”). In the event that the Verified Consultant User does not exercise his or her right to initiate arbitration proceedings during the Services-Related Arbitration Election Time Period, he or she shall be deemed to have permanently waived his or her right to payment of the Withheld Payment Amounts.
In the event that the Verified Consultant User and Legal Client have both timely availed themselves of the rights set forth in Section 14 and Section 15, the procedures set forth in Section 14 shall take precedent over the proceedings set forth in Section 14 and the Verified User Consultant agrees to permanently waive his or her right to pursue his or her rights set forth in Section 13 with respect to the facts and circumstances underlying the Payment-Related Disputed Matter.
The procedures set forth in this Section 15 shall be referred to herein as the “Alternative Dispute Resolution Procedures”.
16. Disclaimer of Warranties. We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
a. Case & Suit provides the Website and the Service “as is,” without warranty of any kind. Without limiting the foregoing, Case & Suit expressly disclaims all warranties, whether express, implied or statutory, regarding the Website and the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
b. Specifically, Case & Suit makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
17. Limitation of Liability. We will not be liable for damages or losses arising from your use of the service or arising under this Agreement. Please read this section carefully; it limits our obligations to you.
a. To the extent permitted by applicable law, in no event will Case & Suit be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of your User-Generated Content; (ii) your use or inability to use the Service; (iii) the Service generally or the software or systems that make the Service available; or (iv) any other interactions with Case & Suit or any other User of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Case & Suit has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Case & Suit will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
19. Release and Indemnification.
a. You agree to indemnify and hold harmless Case & Suit from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
b. If you have a dispute with one or more Users, you release Case & Suit from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
a. Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and Case & Suit and any access to or use of the Website or the Service are governed by the federal laws of Canada and the laws of the Quebec Province, without regard to conflict of law provisions. You and Case & Suit agree to submit to the exclusive jurisdiction and venue of the courts located in the City and District of Montreal, Quebec, except as provided below in this Agreement.
b. Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Case & Suit to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
c. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with Case & Suit must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
d. Arbitration. Should a dispute arise between you and Case & Suit, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement , either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The party electing arbitration must initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
f. Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.