Terms of Service
User Terms of Service
Last updated February 20, 2021.
Note: The italics text following each section is aimed to give a plain English summary of our Terms of Use. Please ensure you read the main text, as the plain English summary is just a summary and doesn’t capture all of the terms.
Welcome to withevident.com, the website and online service of LegalSquared, Inc., a public benefit corporation, dba as evident (“evident,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”).
Please read this agreement carefully to ensure that you understand each provision.
1. Eligibility
Eligibility. You may use the Service only if you can form a binding contract with evident, and only in compliance with this Agreement and all applicable local, state, and national laws, rules, and regulations. You must be 18 years old or older to use or access the Service. The Service may not be available to any Users previously removed from the Service by evident. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
U.S. Only. The Service is intended solely for use in the United States and U.S. territories. By using the Service, you represent and warrant that you are not an EU resident. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. You are responsible for determining whether the use of the Services is legal in your jurisdiction.
evident is a great service to use for finding the legal help you need, but you have to be at least 18 years of age and fully able to form binding contracts in order to use it.
We also only provide services in the U.S. and U.S. territories. So while we love our European friends, you cannot use our service if you are an EU resident. And, as you might expect, you may not use the Service in violation of these terms or any laws or regulations.
2. Your evident Account
Your evident account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your account, you must provide accurate and complete information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify evident immediately of any breach of security or unauthorized use of your account. evident will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing evident your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
evident reserves the right to immediately suspend or terminate your access to the Service, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Service and any other records at any time at our sole discretion. You may cancel your account at any time by sending an email to team@withevident.com.
When you create an evident account, you have to provide us with accurate information. You are responsible for any activity that occurs on your account, so make sure you have a strong password, and don’t let anyone else use your evident account.
You can control your User profile and how you interact with the Service by adjusting your account settings. We might email you important messages and information we think you’ll find useful. If you don’t want them, just tell us you’re not interested.
You may cancel your account at any time by emailing us at team@withevident.com. We also reserve the right to suspend or terminate your account.
3. Use of Our Service
Your submission of information. You are solely responsible for, and assume all liability regarding the truthfulness and validity of, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Service; and (iii) your interactions with other users through the Service. evident cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Connecting with attorneys. Our Service connects you with attorneys, each of whom have given us certain representations concerning their abilities to assist you. Our automated system connects you with attorneys based on geographic location and practice areas identified by the attorneys on our Service. Your responses to our automated questions are shared with potential attorney connections who determine whether they can assist you based on such responses. evident does not select particular attorneys, and evident makes no representations or warranties that we will be able to find you an attorney. By using our Service, you represent and warrant that you understand and accept these limitations and conditions.
No Guarantee. Our goal is to connect you with the legal help you need, but evident does not guarantee a connection, or the number or frequency of connections through our Service. evident does not guarantee an attorneys’ availability or ability to perform services once a connection with you has been made, and we make no guarantees, representations or warranties, either express or implied, regarding your ultimate ability to engage any potential attorney that you are connected with through our Service. Evident verifies that each attorney on our Service is lawfully licensed to practice law, we make no guarantee as to the capabilities or conduct, professional or otherwise, of such individual nor do we guarantee the outcome of any court case, legal matter or issue.
The security of your account is important to us and we do our best to maintain security, but you submit information to our site at your own risk.
We work really hard to make evident the only place you need to find the right legal help, but we can’t guarantee that we’ll be able to connect you with attorneys and options for legal help in every instance. Nor can we guarantee the results of any attorney you decide to work with.
4. Our Rules
General. As a user of the Service, you may not transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity that:
- is inaccurate, misleading or false;
- take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- contains others’ copyrighted content and/or content in which others have intellectual property rights (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining express written permission first;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
- uses any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Service for any purpose without evident's prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (evident reserves the right to revoke these exceptions either generally or in specific cases);
- in any manual or automated manner copies copyrighted text, or otherwise misuse or misappropriate Service information or content including but not limited to, for use on a mirrored, competitive, or third-party site;
- take any action that (a) may unreasonably encumber the Service's infrastructure; (b) interferes or attempts to interfere with the proper working of the Service or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Service; (d) circumvents, disables or otherwise interferes with security features of the Service; (e) distributes viruses or any other technologies that may harm evident or users; or (f) uses the Service in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
- take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
- attempt to indirectly undertake any of the foregoing.
Content Removal. Evident reserves the right to remove any information or material that in its sole opinion violates, or may violate, any applicable law, the letter or spirit of this Agreement, or upon the reasonable request of any third party.
Play nice. Don’t steal any content, try to hack our servers, send spam or break any other rules, regulations, or laws. We don’t allow anything that is offensive, obscene, or could constitute or contribute to a criminal or civil offense. If we think you’re violating this Agreement, we may freeze your account until we figure it all out.
5. Our Proprietary Rights
evident retains all right, title and interest in and to its products and services, including — without limitation — software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. All materials presented on this site, including our design, text, and graphics are copyrighted and owned by LegalSquared, Inc., unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
Except as otherwise provided in this agreement or on this website, you may not, and may not permit others to reproduce, modify, translate, enhance, decompile, disassemble, download, distribute, reverse engineer or create derivative works of any of our products and services; sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or circumvent or disable any security or technological features of our products and services.
We retain all proprietary rights to materials we present on this site. Don't be bad and copy or sell any of our stuff, or disable any of our products and services.
6. Your Information
Disclosure By Law. You acknowledge and agree that evident may disclose information you provide if required to do so by law, at the request of a third party provided that notice has been given to you of the request, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend evident, your, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including a user) is threatened.
Use of Anonymous Information for Research. You agree that evident may anonymously use the information from you and your experiences provided through the Service to conduct research to improve the Services. We will not publish research containing your personal information. For further information, please see our Privacy Policy.
We may need to disclose information you give us when required by law. And we may anonymously use information you provide us to improve our services and better serve you.
7. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities, that are not owned or controlled by evident. evident does not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and evident’s Privacy Policy do not apply to your use of such sites. You agree that evident will not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that evident shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We only control evident, and we’re not responsible for anything on other sites. So if you follow a link on evident to another site, you do so at your own risk.
8. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EVIDENT DOES NOT WARRANT THAT YOUR USE OF THE SITE AND SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVIDENT DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE AND SERVICES.
EVIDENT IS NOT A LAW FIRM AND THE EMPLOYEES OF EVIDENT ARE NOT ACTING AS YOUR ATTORNEY. EVIDENT DOES NOT PROVIDE ANY LEGAL ADVICE. THE USE OF THE SERVICE DO NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND EVIDENT OR ANY EVIDENT EMPLOYEE. USE OF THE SERVICE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. EVIDENT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICE, OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN EVIDENT. EVIDENT WILL NOT INFLUENCE OR INTERFERE IN ANY MANNER WITH AN ATTORNEY’S INDEPENDENT PROFESSIONAL JUDGMENT. ANY COMMUNICATION WITH EVIDENT OR ON THE SITE IS NOT SUBJECT TO AN ATTORNEY’S DUTY OF CONFIDENTIALITY, UNLESS YOUR ATTORNEY ADVISES US OTHERWISE.
YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER TO ENGAGE AN ATTORNEY AND WHICH ATTORNEY TO ENGAGE. ATTORNEYS THAT YOU SOLICIT FOR LEGAL SERVICES MAY PROVIDE CERTAIN INFORMATION REGARDING LEGAL PRACTICE AREAS, PRICING, AND EXPERIENCE ON THEIR PROFILES. THE PROFILES ARE ADVERTISEMENTS AND YOU SHOULD READ AND INTERPRET THEM AS SUCH. EVIDENT IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS, RATINGS, ENDORSEMENTS, ADVERTISEMENTS, TESTIMONIALS, RESPONSES, COMMENTS, INFORMATION, OPINIONS, ADVICE, LINKS TO ANY THIRD PARTY WEBSITES AND CONTENT CONTAINED ON SUCH THIRD PARTY WEBSITES, OR CONTENT OF ANY OTHER KIND TRANSMITTED BY ATTORNEYS, AND ANY SUCH REFERENCE(S) ON THE SITE ARE NOT A SPONSORSHIP, ENDORSEMENT, OR RECOMMENDATION BY EVIDENT. YOU ARE RESPONSIBLE FOR ASSESSING THE QUALITY, INTEGRITY, AND TRUSTWORTHINESS OF ALL ATTORNEYS WITH WHOM YOU COMMUNICATE REGARDING YOUR LEGAL NEEDS. EVIDENT MAKES NO REPRESENTATION THAT THE QUALITY OF THE LEGAL SERVICES TO BE PERFORMED BY ANY ONE ATTORNEY IS GREATER THAN THE QUALITY OF LEGAL SERVICES PERFORMED BY ANY OTHER ATTORNEY. RESULTS OF AN ATTORNEY’S PRIOR LEGAL REPRESENTATION DO NOT GUARANTEE A SIMILAR OUTCOME IN THE FUTURE.
ANY ATTORNEY THAT YOU ENGAGE SHOULD PROVIDE YOU WITH A SEPARATE ENGAGEMENT AGREEMENT FOR YOU TO REVIEW AND AGREE TO, AND THE SCOPE AND COST OF THE LEGAL SERVICES TO BE PROVIDED YOU SHOULD BE SPECIFIED IN, AND WILL BE GOVERNED BY, THAT AGREEMENT. ANY AND ALL DISPUTES BETWEEN YOU AND ANY ATTORNEY USER, INCLUDING BUT NOT LIMITED TO DISPUTES REGARDING WHETHER AN ATTORNEY-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED, THE SCOPE OF SERVICES TO BE PROVIDED, THE QUALITY OF THE SERVICES PROVIDED, THE PROPRIETY OF THE FEES CHARGED AND/OR PAYMENTS MADE, SHALL BE RESOLVED BETWEEN YOU AND YOUR ATTORNEY, NOT EVIDENT.
This stuff is in all caps because it’s important. Read it!
You use evident as-is and at your own risk. We don’t provide any guarantees with respect to the Service. evident is not a law firm, we are not your attorney, and we don’t provide legal advice. Use of the Service is intended for general informational purposes only.
We work hard to empower you with the information you need to find the right legal help, but you are solely responsible for deciding whether to engage an attorney and which attorney to engage. We recommend when you engage an attorney that you do so by signing an agreement setting out the scope of the legal services to be provided. Any information you find on an attorney’s profile is considered attorney advertising.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVIDENT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SITE OR SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF EVIDENT KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL EVIDENT’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVIDENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, PUNITIVE, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH ATTORNEYS OR OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
EVIDENT MAY USE VARIOUS WAYS OF VERIFYING INFORMATION THAT USERS HAVE PROVIDED, WITH THEIR CONSENT. YOU AGREE THAT EVIDENT WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY INCORRECTLY VERIFIED INFORMATION.
We disclaim all liability in connection with your use of the Service. To the extent we are found liable for anything, the maximum we are obligated to pay is the amount paid for your account or $100 if you didn’t pay anything for your account.
10. Indemnification.
You agree to indemnify, defend and hold harmless evident, its subsidiaries and/or parent companies, and each of their officers, directors, employees, agents, attorneys, and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any third party claim related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. You further agree to indemnify and hold evident harmless for any claims relating to or arising out of the outcome of your representation, any and all services performed by attorneys that you connect with through the Service or that you otherwise engage, and/or for your payments or failure to make payments due to any attorneys.
If evident suffers damages or claims relating to your content, account, or use of the Service or your violation of these terms, any laws, any other individual’s rights, or any and all services performed by attorneys you connect with on evident, or your failure to make payment to such attorneys, you are responsible for all costs.
11. Privacy
We care about the privacy of our Users. Our Privacy Policy sets out how we collect, use, disclose and store your personal information. It also contains details of how to exercise your privacy rights (such as access and correction) and how to make complaints.
This one’s short enough for you to read...
12. Billing
evident reserves the right to impose fees or adjust membership pricing at any time. Unless evident expressly communicates otherwise, any pricing changes for memberships, or the Service will take effect upon notice communicated through a newsletter, email, on evident’s website, or such other means as deemed appropriate from time to time.
Our services are free for users, but we reserve the right to change that and, if we do, we’ll notify you.
13. Arbitration and Class Action Waiver
For any dispute with evident, you agree to first contact us at info@withevident.com and attempt to resolve the dispute with us informally. In the unlikely event that evident has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any evident claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA to the maximum extent permitted by the Federal Arbitration Act (“FAA”), except as provided herein. The arbitration will be conducted in New York County, New York, unless you and evident agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and evident are each waiving the right to a trial by jury or to participate in a class action.
Let us know if you have a disagreement. We’re good people, but if we can’t work it out, then you agree to submit the dispute to arbitration in New York County, New York (except in certain circumstances).
15. Governing Law
This Agreement shall be governed by the laws of the State of New York without regard to conflict of law principles. However, as set forth in Section 14, any and all Claims will be arbitrated to the maximum extent permitted by the Federal Arbitration Act (“FAA”). In the limited instances in which this Agreement permits the parties to apply to a court for legal or equitable relief, and/or to confirm and enter an arbitration award in court, the parties submit and consent to the jurisdiction of the State of New York and agree that such proceedings shall be conducted in the state courts of New York, New York or the federal courts for the United States for the Southern District of New York.
This agreement is governed by New York law. We've agreed to arbitrate claims, but in the limited circumstances we end up in court, we agree it will be in New York state or federal court.
16. General
No assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by evident without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Changes to the Agreement. evident may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
Entire agreement/severability. This Agreement, the Privacy Policy, and any applicable payment, renewal, and/or additional Service terms, comprise the entire agreement between you and evident regarding the use of the Service, superseding any prior agreements between you and evident related to your use of the Service (including, but not limited to, any prior versions of this Agreement). The FAQ's found on the Service and/or any other communications between you and evident are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect to the maximum extent permitted by applicable law.
No waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and evident’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Section titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This section contains terms regarding the ability to transfer rights under this Agreement and the interpretation of these terms.
17. Digital Millennium Copyright Act Notice
It is evident’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify evident’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit evident to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice LegalSquared, Inc. dba evident 115 E 23rd St., 3rd Fl - 1527 New York, NY 10010 Email: team@withevident.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying evident and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with evident’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
If you think your copyright is being infringed, follow these steps, and we’ll do something about it.
18. Contact
Please contact us at team@withevident.com with any questions regarding this Agreement.
Attorney Terms of Service
Last updated February 20, 2021.
Welcome to withevident.com, the website and online service of LegalSquared, Inc., a public benefit corporation, dba as evident (“evident,” “we,” or “us”). This page explains the terms by which you (“you” or “Attorney Member”) may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service.
You also authorize evident to charge any credit card(s) that you freely and voluntarily enter on the Service. The payment authorization is for the amount indicated in your membership plan. You further certify that you are the authorized user of the credit card(s) that you freely and voluntarily enter on www.withevident.com and that you will not dispute the payment with your credit card company or bank, so long as the payment corresponds with the terms indicated in this Agreement.
Please read this agreement carefully to ensure that you understand each provision.
1. Eligibility
Eligibility. You may use the Service only if you can form a binding contract with evident, and only in compliance with this Agreement and all applicable local, state, and national laws, rules, and regulations. You must be 18 years old or older to use or access the Service. The Service may not be available to any Attorney Users previously removed from the Service by evident. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
U.S. Only. The Service is intended solely for use in the United States and U.S. territories. By using the Service, you represent and warrant that you are not an EU resident. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. You are responsible for determining whether the use of the Services is legal in your jurisdiction. Registration for, and use of, the Site and Services are void where prohibited.
License in Good Standing. By requesting to use, registering to use, and/or using the Site and Services, you have affirmatively represented and warranted that you are an attorney, and a member in good standing with your state bar, without a record of prior disciplinary history or criminal record. evident reserves the right to confirm that you are a member in good standing with your state bar, as well as your lack of disciplinary history and/or criminal record, at any time using available public records, to assess your application for an evident attorney membership and you further grant evident any necessary consent to do so. evident may accept or decline your application in its sole discretion. Your use of the Service is contingent upon your providing these representations and consent, and maintaining your membership in good standing with your state bar. If your status should change, or if a state bar investigation is opened or if criminal charges are filed against you, you agree to notify evident immediately via email at team@withevident.com.
Qualifications. You represent and warrant that you will only use the Service to offer legal services to potential clients within those areas of law for which your experience and training qualifies you to practice, in those states where you are licensed to practice and/or where you are capable of practicing.
2. Your evident Attorney Account
As an Attorney Member, your evident account gives you access to the Service. When creating your account, you must provide accurate and complete information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify evident immediately of any breach of security or unauthorized use of your account. evident will not be liable for any losses caused by any unauthorized use of your account.
You may control your Attorney Member profile by changing the settings in your account. By providing evident your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out.
3. Use of Site and Services
As a party to this Agreement and an Attorney Member, you agree to the following:
Your submission of information. You are solely responsible for, and assume all liability regarding the truthfulness and validity of, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Service; and (iii) your interactions with other users through the Service.
Connecting with Potential Clients. evident’s service is intended to allow you to connect with potential clients and offer your services. You understand and agree that other attorneys may have contacted the potential client before you, and moreover, that the opportunity may expire if you do not respond reasonably promptly. Responding to a potential client does not commit you to accepting the client or create an attorney-client relationship. You must formalize any legal representation with the client directly.
Risk Assumption. You assume all risk when using the Service, including but not limited to all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions when meeting with potential clients with whom you have been matched. As an Attorney Member you may require an engagement agreement from a client prior to delivery of legal services. The terms of any such agreements between you and any potential client are your responsibility to arrange for and memorialize. You understand and assume the risk that failure to finalize the terms of legal representation in a written engagement agreement may result in lack of evidence of proof of your agreement with a client if a dispute arises. Attorney users must confirm for themselves that their use of the Service is lawful. We have designed our Service to be in compliance with the laws and ethics rules governing attorneys, but those laws and ethics rules vary state-by-state and Attorney Members, not evident, are responsible for ensuring that they are in compliance with their relevance laws and ethics rules in their use of the Service.
No Guarantees. Our goal is to connect you with potential clients seeking legal help, but evident does not guarantee a connection, the number or frequency of connections through our Service, the scope of services being requested, or the potential client’s desire to communicate with you or engage your services. evident makes no guarantees, either express or implied, regarding your ultimate ability to engage any potential client through the Service or as to the conduct of such individual(s) during the representation.
4. Our Rules
General. As a user of the Service, you may not transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity that: * is inaccurate, misleading or false; * take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law; * contains others’ copyrighted content and/or content in which others have intellectual property rights (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining express written permission first; * contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; * is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities. * uses any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Service for any purpose without evident's prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (evident reserves the right to revoke these exceptions either generally or in specific cases); * in any manual or automated manner copies copyrighted text, or otherwise misuse or misappropriate Service information or content including but not limited to, for use on a mirrored, competitive, or third-party site; * take any action that (a) may unreasonably encumber the Service's infrastructure; (b) interferes or attempts to interfere with the proper working of the Service or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Service; (d) circumvents, disables or otherwise interferes with security features of the Service; (e) distributes viruses or any other technologies that may harm evident or users; or (f) uses the Service in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights. * take any action that may undermine the efficacy or accuracy of reviews or ratings systems; * undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and * attempt to indirectly undertake any of the foregoing.
Reporting of Violations. You will promptly report to evident any violation of the Agreement by others upon such violation becoming known to you, including but not limited to, any violation by other users.
Content Removal. evident reserves the right, but has no obligation, to monitor the information or material you submit to Service, or through or social media platforms. evident reserves the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, the letter or spirit of this Agreement, or upon the reasonable request of any third party. Evident further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you and/or other members have quality experiences on the Service.
5. Subscription and Billing
Payments. evident has partnered with Stripe, Inc. (“Stripe”) for the use of Stripe’s payment processing services to facilitate Attorney Member billing. By using Stripe’s payment processing services, you agree to Stripe's Checkout User Terms of Service Agreement and Stripe's Privacy Policy.
Cancellations. Except as otherwise stated in this section, you may cancel your Attorney Member subscription to the Service at any time during the term of such subscription or any renewal period by clicking the “Manage Subscription” button in the Settings section of your account, or by contacting us at team@withevident.com. In such case, your membership or subscription will terminate at the end of the membership or subscription term for which you have paid, and you will not receive any refund for any unused days of such membership or subscription term. Please contact us at team@withevident.com for any questions about refunds.
Billing Period. When you register and purchase your attorney membership, your first subscription cycle will be billed immediately, unless you subscribe pursuant to a free-trial period which evident may offer from time to time in its discretion. Should you subscribe pursuant to a free-trial period, your first subscription period will begin the day after your free-trial expires. If you subscribe pursuant to a monthly subscription, your subscription will automatically renew on the same date each month. If you subscribe pursuant to an annual subscription, you will be billed on the same date each month year. evident reserves the right to change the timing of its billing and to make adjustments to the amounts charged, as appropriate. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.
Price Changes. evident reserves the right to adjust membership pricing at any time. Any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a newsletter, email, on the Site, or such other means as deemed appropriate from time to time, unless evident communicates otherwise.
Billing Denials. Evident reserves the right to terminate your access to the Service, or any portion of the service, if it cannot bill your account pursuant to your subscription terms.
6. Our Proprietary Rights
evident retains all right, title and interest in and to its products and services, including — without limitation — software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. All materials presented on this site, including our design, text, and graphics are copyrighted and owned by evident, unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
Except as otherwise provided in this agreement or on this website, you may not, and may not permit others to reproduce, modify, translate, enhance, decompile, disassemble, download, distribute, reverse engineer or create derivative works of any of our products and services; sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or circumvent or disable any security or technological features of our products and services.
7. Your Information
Your Profile. You may elect to post information or content to any profile pages or other public area of the Service, and you may further elect to link your evident profile or account to any of your social network accounts, for the purpose of linking or posting content to the public areas of the Service, or to populate your profile. You agree that you automatically grant, and you represent and warrant that you have the right to grant, to evident and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute information and content you link or post to the public areas of the Service and your profile, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
Disclosure By Law. You acknowledge and agree that evident may disclose information you provide if required to do so by law, at the request of a third party provided that notice has been given to you of the request, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend evident, your, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including a user) is threatened.
Use of Anonymous Information for Research. You agree that evident may anonymously use the information from you and your experiences provided through the Service to conduct research to improve the Services. We will not publish research containing your personal information. For further information, please see our Privacy Policy.
8. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities, that are not owned or controlled by evident. evident does not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and evident’s Privacy Policy do not apply to your use of such sites. You agree that evident will not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that evident shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
9. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EVIDENT DOES NOT WARRANT THAT YOUR USE OF THE SITE AND SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVIDENT DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE AND SERVICES.
EVIDENT IS NOT AN ATTORNEY OR A LAW FIRM, AND THE EMPLOYEES OF EVIDENT ARE NOT ACTING AS ATTORNEYS. EVIDENT DOES NOT PROVIDE ANY LEGAL ADVICE. THE USE OF EVIDENT, THE SITE, OR SERVICES DO NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND EVIDENT, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN EVIDENT AND ANY OTHER USER. ALL USERS ARE TOLD THAT USE OF THE SITE AND SERVICES IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD BE USED ONLY AS A STARTING POINT FOR ADDRESSING ANY LEGAL ISSUES, WHICH THEY ARE ADVISED SHOULD BE ADDRESSED THROUGH CONSULTATION WITH A LICENSED ATTORNEY. EVIDENT WILL NOT INFLUENCE OR INTERFERE IN ANY MANNER WITH AN ATTORNEY’S INDEPENDENT PROFESSIONAL JUDGMENT AND/OR ITS GENERAL USERS’ JUDGMENT OR DECISIONS.
EVIDENT DOES NOT INVESTIGATE, VERIFY OR WARRANT THE ACCURACY OF ANY INFORMATION PROVIDED BY ITS ATTORNEY MEMBERS IN THEIR PROFILES. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF ALL INFORMATION YOU PROVIDE EVIDENT AND OTHER USERS. EVIDENT IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS, RATINGS, ENDORSEMENTS, ADVERTISEMENTS, TESTIMONIALS, RESPONSES, COMMENTS, INFORMATION, OPINIONS, ADVICE, LINKS TO ANY THIRD PARTY WEBSITES AND CONTENT CONTAINED ON SUCH THIRD PARTY WEBSITES, OR CONTENT OF ANY OTHER KIND TRANSMITTED BY YOU OR ANY OTHER USERS, AND REFERENCE(S) TO ANY SUCH CONTENT ON THE SITE ARE NOT A SPONSORSHIP, ENDORSEMENT, OR RECOMMENDATION BY EVIDENT. AS AN ATTORNEY MEMBER YOU RETAIN THE RIGHT AND RESPONSIBILITY TO EXERCISE YOUR OWN INDEPENDENT PROFESSIONAL JUDGMENT REGARDING THE LEGAL ENGAGEMENTS YOU UNDERTAKE AND THE LEGAL SERVICES YOU PROVIDE, INCLUDING BUT NOT LIMITED TO WHETHER TO UNDERTAKE AN ENGAGEMENT, AND/OR HOW TO HANDLE ANY AND ALL ENGAGEMENTS. YOU ARE SOLELY RESPONSIBLE TO THE OTHER USERS FOR ESTABLISHING AND MAINTAINING ANY ATTORNEY-CLIENT RELATIONSHIP YOU UNDERTAKE, AS WELL AS FOR ALL LEGAL SERVICES PROVIDED. YOU REPRESENT AND WARRANT THAT YOU WILL OBTAIN A VALID AND ENFORCEABLE ATTORNEY ENGAGEMENT AGREEMENT WITH ANY USER TO WHOM YOU PROVIDE LEGAL SERVICES, THAT THE AGREEMENT WILL BE IN WRITING IF REQUIRED BY YOUR STATE BAR AND/OR JURISDICTION, AND THAT THE SCOPE OF THE LEGAL SERVICES TO BE PROVIDED WILL BE SPECIFIED IN, AND GOVERNED BY, YOUR AGREEMENT WITH YOUR CLIENT. ANY AND ALL DISPUTES BETWEEN YOU AND ANY OTHER USERS, INCLUDING BUT NOT LIMITED TO DISPUTES REGARDING WHETHER AN ATTORNEY-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED, THE SCOPE OF SERVICES TO BE PROVIDED, THE QUALITY OF THE SERVICES PROVIDED, THE PROPRIETY OF THE FEES CHARGED AND/OR PAYMENTS MADE, SHALL BE RESOLVED BETWEEN YOU AND YOUR CLIENTS OR POTENTIAL CLIENTS, NOT EVIDENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVIDENT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SITE OR SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF EVIDENT KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL EVIDENT’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVIDENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, PUNITIVE, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH ATTORNEYS OR OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
EVIDENT MAY USE VARIOUS WAYS OF VERIFYING INFORMATION THAT USERS HAVE PROVIDED, WITH THEIR CONSENT. YOU AGREE THAT EVIDENT WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY INCORRECTLY VERIFIED INFORMATION.
11. Indemnification
You agree to indemnify, defend and hold harmless evident, its subsidiaries and/or parent companies, and each of their officers, directors, employees, agents, attorneys, and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any third party claim related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. You further agree to indemnify and hold evident harmless for the representation of other users and services requested to be performed by other users, your ultimate ability to engage and/or provide services to any other user, and your representation of any other user.
12. Privacy
We care about the privacy of our Attorney Members. Our Privacy Policy sets out how we collect, use, disclose and store your personal information. It also contains details of how to exercise your privacy rights (such as access and correction) and how to make complaints.
13. Arbitration and Class Action Waiver
For any dispute with evident, you agree to first contact us at info@withevident.com and attempt to resolve the dispute with us informally. In the unlikely event that evident has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any evident claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA to the maximum extent permitted by the Federal Arbitration Act (“FAA”), except as provided herein.
Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought, via email to team@withevident.com. Arbitration must be commenced by filing a demand for arbitration with AAA within one year from when it first could be filed. Otherwise, the claim is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
The arbitration will be conducted in New York County, New York, unless you and evident agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to stop any unauthorized use or abuse of our services or prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and evident are each waiving the right to a trial by jury or to participate in a class action.
14. Governing Law
This Agreement shall be governed by the laws of the State of New York without regard to conflict of law principles. However, as set forth in Section 14, any and all Claims will be arbitrated to the maximum extent permitted by the Federal Arbitration Act (“FAA”). In the limited instances in which this Agreement permits the parties to apply to a court for legal or equitable relief, and/or to confirm and enter an arbitration award in court, the parties submit and consent to the jurisdiction of the State of New York and agree that such proceedings shall be conducted in the state courts of New York, New York or the federal courts for the United States for the Southern District of New York.
This agreement is governed by New York law. We've agreed to arbitrate claims, but in the limited circumstances we end up in court, we agree it will be in New York state or federal court.
15. General
No assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by evident without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Changes to the Agreement. evident may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
Entire agreement/severability. This Agreement, the Privacy Policy, and any applicable payment, renewal, and/or additional Service terms, comprise the entire agreement between you and evident regarding the use of the Service, superseding any prior agreements between you and evident related to your use of the Service (including, but not limited to, any prior versions of this Agreement). The FAQ's found on the Service and/or any other communications between you and evident are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect to the maximum extent permitted by applicable law.
No waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and evident’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Section titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
16. Digital Millennium Copyright Act Notice
It is evident’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify evident’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit evident to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice LegalSquared, Inc. dba evident 115 E 23rd St., 3rd Fl - 1527 New York, NY 10010 Email: team@withevident.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying evident and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with evident’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
If you think your copyright is being infringed, follow these steps, and we’ll do something about it.
17. Contact
Please contact us at team@withevident.com with any questions regarding this Agreement.