Terms of Service Agreement
1. The Site.
This Website (the "Site") is owned and operated by Quigal, LLC ("Quigal"). By accessing and using this Site, you (the "User") agree to be bound by all of the provisions contained in this Terms of Service Agreement (the "Agreement"). If User does not agree to all the provisions contained in the Agreement, User should not use this Site. Quigal reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Use of this Site following any such changes shall constitute User's acceptance of such changes.
2. Limitation of Liability
The Site contains information, facts and opinions from various individuals and organizations. THE SITE, INCLUDING BUT NOT LIMITED TO ITS INFORMATION, AND SOFTWARE (the "SITE MATERIALS") IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SITE MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. QUIGAL DOES NOT WARRANT THAT USE OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUIGAL HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE SITE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. QUIGAL DOES NOT ENDORSE OR IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE.
QUIGAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, FOR SITE MATERIALS, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF QUIGAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO USER.
Quigal is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.
3. Disclaimer of attorney-client relationship
User should not act, or refrain from acting, based upon any information on this Site. This information does not, and is not intended to, constitute legal advice. The information provided at this Site is not privileged and does not create an attorney-client relationship. Submitting a case evaluation or any type of response or other information through this Site will not create an attorney-client relationship and nothing contained in this Site is to be considered an offer to represent User. Further, transmission of the information appearing at this Site is not intended to create, and its receipt by the reader does not establish or constitute, an attorney-client relationship.
By using this Site (i) User confirms that the information User has provided is true and accurate, and not given for the purpose of harassment; (ii) User acknowledges that User is not engaging Quigal to give you legal advice; (iii) User agrees that Quigal will forward User’s information to attorneys or law firms, and that they may contact User at the address and contact numbers that User has supplied; (iv) User agrees that Quigal is in no way responsible for the advice, actions or inactions of the attorneys or law firms that may contact User; (v) User understands that registering a complaint on this Site in no way implies an attorney-client relationship or attorney-client privilege. User understands that use of the information User submits on this site is governed by our Privacy Policy; (vi) User understands that Quigal in no way guarantees any satisfaction, justice or compensation for User’s complaint; (vii) for security reasons, it is Quigal’s policy to not keep any forms or information submitted by Users beyond a very limited period of time; (viii) User understands that Quigal does not offer any opinion whatsoever concerning the merits of any claim User might have, and encourages User to also contact other counsel if User intends to pursue any claims, which User should do promptly to avoid having your case barred by the statute of limitations.
Quigal does not involve itself in the agreements between Users and attorneys or the actual representation of clients. Therefore, we cannot ensure the integrity of either party. User, and not Quigal, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates on the Site.
4. Quigal does not screen its Users
Quigal does not screen Users or the services they offer and Quigal does not control the transaction process. Providing a service where potential clients and legal professionals can meet does not imply an endorsement of any subscribing attorney or service provider. Quigal makes no representation concerning an attorney's qualifications (except that the attorney was licensed to practice law in at least one state at the time of registration), nor does it sanction statements an attorney may post on the system. Further, Quigal makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the attorneys, law firms or legal service providers which may submit bids and/or are listed through this Site.Quigal does not continuously review the standing of any attorney subscriber with any regulatory authority. When considering employing any attorney or law firm, Users should check the attorney's standing with the state bar. When considering employing a non-attorney legal service provider, Users should check with the agency that certified the provider or the applicable regulatory body.Quigal attempts 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 registration. However, Quigal is unable to track, verify, or monitor the standing of each attorney using the service. Therefore, Quigal makes no representation regarding the status, standing or ability of any attorney or law firm that submits bids, or is listed through this Site.
Quigal is not a law firm. Quigal offers no legal advice, recommendations, mediation, or counseling under any circumstance. Quigal encourages the User not to accept any information received from any source found on this service, unless it is from an attorney the User has retained.
5. User Guidelines
The Site includes discussion forums and other User and member created pages which allow you and other users and members to post information, provide feedback to Quigal and interact in real-time. User agrees not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. User will be responsible for, and indemnify and hold harmless Quigal, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that User posts or transmits. Although Quigal may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other User and member generated pages on the Site, Quigal is not under any obligation to do so. User acknowledges that Quigal does not control the information available on the discussion forums and other User and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any discussion board or on any other User or member generated pages are those of their respective authors who are solely liable for their content. Quigal reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the discussion boards or on any other User or member generated pages.
6. Use of User ID/Password:
If User registers and/or sets up an account on the Site, User will be solely responsible for maintaining the confidentiality of User’s registration information. User may not authorize others to use User’s registration information. User may not sub-license, transfer, sell or assign User’s registration information and/or this Agreement to any third party without Quigal’s written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your registration information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your registration information or any credit, debit or charge card number stored on the Site), you must promptly change the affected registration information by using the appropriate update mechanism on the Site.
7. Confidentiality
Quigal makes every effort to maintain the confidentiality of any information submitted by Users to our Site and our database of members. However, because Quigal cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the Site. Do not make any confessions or admissions. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. Quigal is not responsible for the release or improper use of such information by other Users or any release due to error or failure of the Site.
User agrees that attorneys contacted by User through the Site may report to Quigal on whether their services were engaged by the User and the total attorney’s fees paid.
Quigal may include various discussion forums where User can post questions, observations and comments on designated topics. Quigal cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Site. QUIGAL IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS.
8. Indemnification
By using the Site you agree to indemnify Quigal and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Site, or from any person's use of any account or password you maintain with the Site, regardless of whether such use is authorized by you. By using the Site, you are hereby agreeing to release Quigal and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Site. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
9. Modifications to Agreement
Quigal reserves the right, at its sole discretion, to change, modify or otherwise alter this Agreement at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this Agreement on a regular basis to keep yourself apprised of any changes.
10. Modifications to Service
Quigal reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the services offered or to change the nature, style, or form of advertisements displayed through the Site. Unless explicitly stated otherwise, any new services, including changes, updates and new versions of the services, shall be subject to the Terms of Service.
11. Proprietary Rights
This Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site is protected by copyright pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Quigal. You further agree not to reproduce, duplicate or copy content from the Site without the express written consent of Quigal, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.
12. Disputes
Any claim or controversy arising out of or relating to the use of Qigal’s services, to the services provided by Quigal, or to any acts or omissions for which you may contend Quigal is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by an arbitration venue in Suffolk County, Massachusetts. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the User shall select an arbitrator from a panel of arbitrators acceptable to Quigal. Each party shall bear its own costs, including any attorneys' fees, associated with such arbitration. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Suffolk County, Massachusetts. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND QUIGAL WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
User is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Quigal’s services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Quigal, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Suffolk County, Massachusetts.
13. Miscellaneous
This agreement, the Agreement, incorporates by reference our Privacy Policy. This Agreement constitutes the entire agreement between User and Quigal and governs User’s use of the Site, superseding any prior agreements between User and Quigal. This Agreement and the relationship between User and Quigal shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. User and Quigal agree to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County, Massachusetts. The failure of Quigal to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.