ESAD Int’l starts every new User relationship with a contract in order to avoid confusion. This contractual agreement makes it clear what we expect of each other and our respective obligations. Obviously, we do not know each User on an individual basis, so we believe it is important to establish the rules clearly, and in advance.
If you agree to this contract and the terms herein, we would like to welcome you. If not, then best of luck in your endeavors.
If you have any questions about the terms in this contract, please contact us so we can do our best to explain. We trust that you understand, until there is an agreement in place between us, you will not have full access to our system and resources.
In this agreement, we sometimes refer to the ESAD Int’l service as the "Service", to you as the "User" and to this contract as the "Agreement".
Relationship Between Esad Int’l And User: Providing Only A Venue
ESAD Int’l is an Internet-based platform that facilitates communication between legal professionals and potential clients that may be in need of legal services. ESAD Int’l acts as a venue to exchange information with the goal of facilitating professional relationships. ESAD Int’l does not and cannot guarantee that professional connections will be made, but we do our best to help put people together. ESAD Int’l takes no position and offers no opinion on when or if an attorney-client relationship has been or will be formed based upon introduction through this system either directly or indirectly.
To provide the best forum for clients and legal professionals, ESAD Int’l does not inject itself into agreements between members and clients or the actual legal representation of clients. ESAD Int’l does not receive any part of any legal fees earned by attorneys nor any percentage of judgements or settlements received by Users. Such agreements and the terms agreed upon are established solely between the parties’ themselves. Therefore, we cannot ensure or guarantee the completion of the agreement or whether one or both parties will adhere to the terms. The User, and not ESAD Int’l, is solely responsible for assessing and determining the integrity, ability, honesty, and trustworthiness of all persons or entities with whom the User communicates via this Service and then make their own determination of whether to proceed and what the terms of the relationship shall be.
Disclaimer Of Attorney-Client Relationship
The use of the Service by a subscribing member or potential client is not intended to and does not create an attorney-client relationship between any person or entity and ESAD Int’l. Further, electronic communications sent to ESAD Int’l will not create an attorney-client relationship between the User and ESAD Int’l, and any such creation is expressly denied.
ESAD Int’l does not screen or vouch for any of its Users
Providing a service where potential clients and legal professionals can meet one another does not imply that ESAD Int’l endorses any particular subscribing attorney or service provider. ESAD Int’l makes no representation concerning an attorney's or a law firm’s qualifications or actual abilities, nor does it sanction statements that an attorney or law firm may post on the system. ESAD Int’l makes no representation concerning an attorney's qualifications or actual abilities or that the attorney is even properly licensed to practice law in a particular state at the time of registration. The attorney registering with the service is solely responsible for the accuracy of the information he or she provides. ESAD Int’l also makes no representation concerning the qualifications of non-attorney legal service providers. Additionally, your case will not be viewed by non-attorney legal providers without your consent. Finally, although ESAD Int’l may use a filtering process or questionnaire to try and highlight pertinent facts and issues to assist in matching potential attorneys, it makes no actual determination as to the viability of a particular case and it does not channel or direct potential clients to selected attorneys.
ESAD Int’l Does Not Provide Legal Advice
ESAD Int’l is not a law firm. If that wasn’t clear the first time, let us make it abundantly clear. ESAD Int’l is not a law firm. ESAD Int’l does not offer any legal advice, recommendations, mediation, arbitration or any form of counseling under any circumstance whatsoever. Further, ESAD Int’l encourages the User not to accept or rely upon any information received from any source found on this service, unless it is offered directly from a licensed attorney the User has retained.
Disclaimer of representations by Users
ESAD Int’l makes no representation, guarantee, or warranty, either express or implied, as to the legal ability, competence, or quality of representation which may be provided or obtained by any of the attorneys, law firms or legal service providers which may submit bids or whom are listed through this service or any affiliate thereof.
Disclaimer of Information Obtained
ESAD Int’l provides legal professionals and potential clients with an open market forum and does not continuously review the professional standing of any attorney subscriber. When considering whether to employ any attorney or law firm, Users should check the attorney's standing with the state bar directly. When considering whether to employ a non-attorney legal service provider, Users should check directly with the agency or applicable regulatory body that certified the provider.
ESAD Int’l is not responsible for the content of materials posted on its Web sites by other individuals or entities and does not warrant the validity or accuracy of any such information. Please use caution and common sense when using this site.
ESAD Int’l makes a reasonable effort to verify that attorneys who subscribe to the Service are licensed and in good standing in at least one state within the United States at the time of their registration. ESAD Int’l is unable to track, verify, or monitor the standing of each attorney using the Service. Accordingly, ESAD Int’l cannot and makes no representation regarding the status, standing or ability of any attorney or law firm that submits bids, or is listed through this service. It is the responsibility of the User to use due diligence to verify the accuracy and credentials of a prospective attorney. The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise, or on the cost of rendering particular legal services.
ESAD Int’l in no way endorses any description or indication of specialization of practice by an attorney or law firm such as board certification or limited fields of practice. It is important to understand that no agency or board may have certified such attorney as a specialist or expert in any particular field of law practice, and in some cases attorneys or law firms that may identify themselves as being specialized or focusing on a particular type of law may be simply promoting themselves. Additionally, an attorney or law firm claiming specialization is not necessarily any more expert or competent than other attorneys that does not make such a claim. Users must exercise due diligence to question the attorneys and providers on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.
Users are encouraged to use a certain degree of caution when reviewing information submitted by attorneys and other parties to this service. Although ESAD Int’l strongly encourages attorneys to comply with state and federal laws and regulations governing attorney conduct, it is impossible for ESAD Int’l to monitor members' integrity or ensure compliance with applicable rules of conduct.
ESAD Int’l in no way endorses the content or legality of any responses, statements, or promises made by attorneys, or for that matter of any other parties, on or off this site.
ESAD Int’l makes every reasonable effort to maintain the confidentiality of all information submitted by Users to our System and our database of members. ESAD Int’l cannot, however, control the conduct of others, and therefore we cannot guarantee that this information will remain confidential. Please use caution and good judgment in deciding what information to input into the System. Confessions or admissions are usually ill-advised. Do not provide any other highly personal, sensitive, or incriminating information that you would not want to be made public. ESAD Int’l is not responsible for the release or improper use of such information by other Users or any release due to error, nefarious activity, hacking, data compromise or System failure.
Finally, you the User agrees that attorneys contacted by User through the System may report to ESAD Int’l on whether their services were engaged by the User, in addition to the total attorney's fees paid and potentially, the final outcome of cases.
Attorney Members And Services
WE CANNOT GUARANTY AN ATTORNEY WILL BE LOCATED IN YOUR TOWN.
The Platform enables you to communicate with an attorney, lawyer or any other individual(s), (collectively "Attorney Member") for the purpose of obtaining legal services, information, advice or any other input, benefit or service (collectively " Attorney Member Services").
The Attorney Member are independent contractors and are neither retainees, agents or representatives. We assume no responsibility for any specific independent act, omission or conclusion by any Attorney Member.
We make no representation or warranty whatsoever concerning the willingness or ability of a Attorney Member to give particular advice or reach any specific or general conclusion.
We make no representation or warranty whatsoever as to whether you will find the Attorney Member Services relevant, useful, correct, satisfactory or even suitable to your particular needs.
We do not exercise control regarding the quality of the Counselor Services and we do not determine whether any Counselor is qualified to provide any specific service, or whether a Counselor is matched correctly to you.
While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee representation is regard to the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Attorney Member. It is your responsibility to conduct independent verification regarding any Attorney Member that provides you with Attorney Member Services (whether through the Platform or not) and we strongly recommend that you will conduct appropriate verification prior to communicating with any Attorney Member through the Platform and on a ongoing basis as you may continue use the Platform.
Your relationship regarding Attorney Member Services is strictly with the Attorney Member. We are not involved in any way with the substance of the relationship or any part of the Attorney Member Service (whether provided through the Platform or not), and we do not validate any of the Attorney Member Services.
To the extent the Website lists attorneys (“Attorney Member”), we are merely a directory and do not certify or credential Attorney Members and shall not be liable for certifying or credentialing Attorney Members. We make no representations or warranties about any Attorney Members, nor do we have any responsibility over, or for supervising, any outside professional practice such Attorney Member may operate. We do not confirm the qualifications, evaluate, or endorse any Attorney Member. The inclusion of a list of Attorney Member on the Website does not imply recommendation, order or endorsement of such Attorney Member nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Attorney Member contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same.
We receive a fee from Attorney Members for use of our platform and technology and various other services. However, this does not imply endorsement of a particular Attorney Member.
We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any such Attorney Member. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not recommend or endorse any Attorney Member that may be mentioned on the Website.
You understand that it is your responsibility to check the certification and/or licensing of any Attorney Member involved in your care. Our role is strictly limited to providing access to information for your consideration. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that Attorney Members have the background they claim they have, we cannot warrant or guarantee their accuracy. We are not liable for any loss or damages caused by your reliance on any Website Content including Attorney Member profiles.
Use Of The Platform
You agree and acknowledge that although the Attorney Member may provide the Attorney Member Services through the Platform, we cannot assess whether the use of the Attorney Member, the Attorney Member Services or the Platform is right and suitable for your particular needs or intentions. As operators of the Platform, our role is strictly limited to facilitating communication between you and a Counselor and to enable provision of the Attorney Member’s Services to you. It is up to you to consider and decide whether these services are appropriate for you or not.
The Platform may contain other content not authored by us, including but not limited to products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by the use or reliance upon any Third Party Content.
Further Disclaimer Of Warranty
YOU HEREBY RELEASE U.S. AND AGREE TO HOLD U.S. HARMLESS FROM ANY AND ALL CAUSES OF ACTION, IN LAW AND IN EQUITY, AND CLAIMS OF ANY TYPE RESULTING FROM THE PROVIDER SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM.
YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE, OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO (A) ANY ATTORNEY MEMBER; (B) ANY INFORMATION ABOUT ANY PROVIDER INCLUDING WITHOUT LIMITATION ANY PARTICULAR QUALIFICATIONS, EXPERTISE, CLAIMS, OR BACKGROUND OF ANY ATTORNEY MEMBER; (C) THE ATTORNEY MEMBER SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY AN ATTORNEY MEMBER; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE PROVIDER SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM OR THROUGH THE PLATFORM; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY, QUALITY OR APPLICABILITY OF THE PLATFORM AND THE ATTORNEY MEMBER SERVICES.
YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" AND THEREFORE YOU AGREE YOU ARE BARRED FROM ANY CLAIM OR DEMAND AGAINST U.S. WHATSOEVER IN REGARDS TO SERVICES OBTAINED VIA THE PLATFORM AND YOU AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE ATTORNEY MEMBERS. RELIANCE ON INFORMATION BY THE ATTORNEY MEMBERS IS DONE AT YOUR SOLE RISK.
WE DO NOT ASSUME, NOR WILL THE PLATFORM BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE ATTORNEY MEMBERS OR ATTORNEY MEMBER SERVICES.
In the event of a dispute regarding any transaction conducted via the Platform, you hereby relieve us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which you may have against one or more of the above, including damages which may be provided for via state or Federal law and which cannot otherwise be waived but for this agreement.
Limitation Of Liability
NOTWITHSTANDING OTHER TERMS, PROVISIONS AND LIMITATIONS SET FORTH HEREIN, YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION SHOULD FIND U.S. LIABLE FOR DAMAGES DESPITE DISCLAIMERS THAT YOU HAVE AGREED TO, THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A PROVIDER, WHETHER RELATING TO THE PROVIDER SERVICES OR NOT, IN CONNECTION WITH YOUR PAYMENT FOR THE PROVIDER SERVICES OR OTHERWISE. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD U.S. HARMLESS WITH RESPECT TO ANY SUCH CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed as modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Your Account, Representations, Conduct And Commitments
You hereby confirm that you are at least 18 years old of age and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you have or will provide in or through the Platform at any time, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you are obligated to maintain and update this information, so it will continue to be accurate, current and complete.
You are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge. We advise you to change your password frequently and to take extra care in safeguarding your password. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. You agree not to use the account or Account Access of any other person for any reason except as may be allowed by law.
You agree and confirm that your use of the Platform, including the Attorney Member Services, are for your own personal use only and that you are not using neither the Platform nor the Attorney Member Services for, or behalf of any other person or organization.
You agree and commit not to directly or attempt to interfere with or disrupt any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree not to make any use of the Platform for the purpose of posting, sending or delivering of any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, invasive, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes upon a third party right or any intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any law.
You agree not to violate any local ordinance, state, federal or international law, regulation or ethical code in relation to your use of the Platform and your relationship with the Attorney Members and us.
If you receive any digital file from us or from a Attorney Member, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Attorney Member Services) which were provided through the Platform; (e) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
Modifications, Termination, Interruption And Disruptions To The Platform
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that may be caused by any of the aforementioned actions. We may terminate or prohibit your use of the Platform and any services provided by through the Platform (including but not limited to Attorney Member Services) at our sole discretion for any reason and for any period of time.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers, all of which may be subject to unforeseen disruption, security breaches and errors. We do not guarantee that the Platform will function without interruption or that it will be secure, consistent, timely, or error-free nor shall we be liable for same.
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Except as otherwise provided or required by law, Notices sent to us must be delivered by email to [email protected].
Important Notes About Our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Florida excluding any rules governing choice of laws.
You irrevocably agree that the venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, location of parties or any other diversity of jurisdiction argument, shall be the U.S. District Court for the Southern District of Florida or the State Courts located in Palm Beach County in Florida. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY U.S. EXCEPT AS SET FORTH IN THIS AGREEMENT, AS ANY ORAL AGREEMENTS OR PROMISES, NOT SET FORTH IN THIS AGREEMENT SHALL BE NON-BINDING.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
You agree that we may freely transfer or assign this Agreement or any of its obligations hereunder without advance notice to you.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to state or federal law, the remaining provisions of this Agreement will remain in full force and effect.