Last Updated: February 12, 2018.
IMPORTANT NOTICE: THE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
Terms of Use
Any use of Lincoln Law’s Sites or Platform must be in accord with the terms and conditions stated here (“Terms”). If you do not agree to these Terms, then you may not use the Sites or the Platform. Lincoln Law reserves the right to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice.
The content of this website is intended to convey general information about Lincoln Law. It should not be relied upon as legal advice, and you should not act upon the content of this website without seeking advice from a lawyer licensed in your own state regarding your particular situation or issue. Lincoln Law does not sponsor, endorse, verify, or warrant the accuracy of the information found on this website, external sites, or subsequent links.
The content of this website is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any email sent to Lincoln Law or any of its lawyers will not create an attorney-client relationship and will not necessarily be treated as confidential. Information submitted to Lincoln Law via the website’s online bankruptcy questionnaire will not be treated as confidential and does not create an attorney-client relationship. The only way that Lincoln Law or its attorneys can give you legal advice is if you hire Lincoln Law. To hire Lincoln Law, you must sign a written agreement, called a retainer agreement, which sets forth the terms of representation and the details of the attorney-client relationship, including the cost.
Key Terms
“Collective Content” means User Content and Lincoln Law Content together.
“Lincoln Law” means Lincoln Law Center, LLC, a limited liability corporation operating in Utah, as well as Lincoln Law LLP and Lincoln Law SL LLP, which are limited liability partnerships operating in California and Utah.
“Lincoln Law Content” means all Content Lincoln Law makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
“Member” means a person who contacts Lincoln Law via phone, fax, email, or in-person solicitation and for whom Lincoln Law creates a record in the Platform.
“Platform” means the portion of the Lincoln Law website which requires a User login to access.
“User” means a member who has signed a retainer agreement with Lincoln Law and is therefore a client of Lincoln Law, or any party who has been granted express permission to upload or download content related to the client’s case.
“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other User of the Platform, including but not limited to personal and contact information, bank statements, bills, credit reports, debt collection notices, wage slips, personal identification, contracts, but excluding Lincoln Law Content.
“Sites” means the Lincoln Law website and mobile applications that link to these Terms of Use.
Links From Our Website
Links within this website may lead to other external sites. Such links are provided for the visitor's convenience to provide further information. Lincoln Law does not necessarily sponsor, endorse, or otherwise approve such linked materials and does not control or guarantee the accuracy, relevance, timeliness, or completeness of the information contained in such links.
Our Blog and Publications
Lincoln Law blog posts and publications should not be construed as legal advice on any specific facts or circumstances. The contents of our publications and blog posts are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of Lincoln Law, to be given or withheld at Lincoln Law’s discretion. The views set forth therein are the personal views of the author and do not necessarily reflect the views of Lincoln Law or its clients.
Statement in Compliance with the California Professional Code and Rules
This website is a communication providing public information about Lincoln Law’s availability for professional employment.
Additional Terms and Policies
Please review Lincoln Law’s Privacy Policy, incorporated herein by reference, for information and notices concerning Lincoln Law’s collection and use of your information. All phone calls, texts, emails, and faxes received from Lincoln Law are governed by our Communication Terms and Conditions, which are expressly incorporated herein.
Communication Terms and Conditions
Lincoln Law communicates via phone, text, email, and fax (collectively referred to as “Communications”). You acknowledge and understand that communications from Lincoln Law may originate from an automatic telephone dialing system, as defined under 47 U.S.C. § 227(a)(1). You also acknowledge and understand that communications from Lincoln Law may constitute a telephone solicitation or telemarketing, as defined under 47 U.S.C. § 227(a)(4). Nevertheless, you acknowledge and understand that by providing your residential phone number, cell phone number, email address, or fax number you consent to receive phone calls, text messages, emails, and faxes from Lincoln Law.
You also understand that you have the right to revoke your consent to receive such communications using any reasonable method, including but not limited to sending an email to help@lincolnlaw.com, replying “stop” to any text message, or calling Lincoln Law and revoking consent orally. You acknowledge and understand that you must clearly and reasonably revoke consent for each type of communication, and that revoking consent for one form of communication does not notify Lincoln Law of your intent to revoke consent for other forms of communication.
Users who have signed a retainer agreement with Lincoln Law understand that Lincoln Law, as your attorney, is obligated to communicate with you regarding your legal representation and that because of this obligation you can revoke consent for certain types of communication methods, but you cannot restrict all communication methods.
Eligibility and Use of the Platform
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
Account Registration
Users may access the Platform. To access and participate in certain features of the Platform, a password-protected account ("Account") will need to be created for you by a Lincoln Law employee. You agree to provide accurate, current, and complete information at all times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Lincoln Law Platform password. Lincoln Law is not liable for any losses or errors caused by an unauthorized use of your Account or by any inaccurate information provided.
User Licence to Use the Platform
Subject to compliance with these Terms, Lincoln Law grants all Users (retained clients) a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to use and access the Lincoln Law Platform. Users will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, except as expressly permitted in these Terms. The Platform is provided to you AS IS. Lincoln Law reserves the right to suspend or terminate User access to the Platform at any time and without notice.
User Content
Lincoln Law may, in its sole discretion, permit Users to post, upload, publish, submit or download User Content. By making available any User Content on or through the Platform, Users hereby warrant to Lincoln Law that the information provided is current, accurate, and complete. Lincoln Law does not claim ownership rights in User Content and nothing in these Terms will be deemed to restrict rights that a User may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform.
Accordingly, Users represent and warrant that: (a) they are either the sole and exclusive owner of all User Content that they make available on or through the Platform or (b) neither the User Content nor a User posting, uploading, publication, submission or transmittal of the User Content or Lincoln Law's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that Lincoln Law may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
Intellectual Property Rights
Lincoln Law content, including the website and Platform, are protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Lincoln Law agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement; and claims that may arise after the termination of this Agreement.
By agreeing to these Terms, you agree to resolve any and all disputes with Lincoln Law as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Lincoln Law at help@lincolnlaw.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Lincoln Law, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration administered by the ABA in accordance with ABA rules and procedures. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Each party shall be responsible for paying half of the arbitration costs. Each party shall also be responsible for their own attorney’s fees, unless the arbitration rules and/or applicable law provide otherwise. Arbitration may take place in a mutually agreeable, neutral state, applying the law of Utah.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration provisions set forth above by sending written notice of your decision to opt out to help@lincolnlaw.com with the subject line, "ARBITRATION OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Platform; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Lincoln Law also will not be bound by them.
Governing Law
The Terms and the relationship between you and Lincoln Law shall be governed in all respects by the laws of the State of Utah, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Lincoln Law that is not subject to arbitration must be resolved by a court located in Utah County, Utah, or a United States District Court, District of Utah, located in Salt Lake City, Utah, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Utah County, Utah or the United States District Court, District of Utah located in Salt Lake City, Utah, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
General
Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Lincoln Law on the Platform, shall constitute the entire agreement between you and Lincoln Law concerning the Platform website. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lincoln Law’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Lincoln Law Platform or website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms, the Sites, or the Platform, please contact us by sending an email to help@lincolnlaw.com, or by writing to Lincoln Law, 921 West Center St., Orem, UT 84057.
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