Terms & Condition


Welcome to Populaw.

Populaw’s products and services are provided by Populaw, LLC. These terms and conditions of use ("Terms") govern your use of Populaw’s websites, mobile applications, products, and services (collectively, the "Services"), so please read them carefully.

 

By accessing this website or using the Services, you are agreeing to the Terms, Populaw’s Privacy Policy and Populaw’s Community Guidelines. If you have any questions, please contact us.

 

1. Using our services

You may use our Services only if you can form a binding contract with Populaw. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 15. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Do not use our Services on any mobile device in a way that distracts you and prevents you from obeying traffic or safety laws.

We may release and make available beta products, services, and features (collectively, “Beta Services”) for a limited period of time (the “Beta Test”). Beta Services have not been completely tested, are not ready for commercial release, and may contain bugs, errors, defects, and deficiencies. We reserve the right to withdraw the Beta Services during the Beta Test. We do not guarantee that the Beta Services will be made commercially available or that any commercially available version of the Beta Services will contain the same functionality as the version made available during the Beta Test. TO THE FULLEST EXTENT PERMITTED BY LAW, POPULAW AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE BETA SERVICES.

 

2. Information on the services

Our Services display both Populaw-created content and content that is not created or developed by Populaw (the "Legal Information"). We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. This includes the Legal Information that lawyers post 

on Populaw, and we cannot guarantee the accuracy, adequacy or quality of any such Legal Information, or the qualifications of those posting it.

 

3. No formation of an attorney-client relationship

The Legal Information found on Populaw is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. The Legal Information is not the provision of legal services, and accessing such information, or corresponding with or asking questions to a lawyer via the Services, or otherwise using the Services, does not create an attorney-client relationship between you and Populaw, or you and any lawyer. It is not a substitute for an in-person or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue, and you should not rely on such Legal Information. You understand that questions and answers or other postings to the Services are not confidential and are not subject to attorney-client privilege.

 

4. Interactions

Populaw is a platform where attorneys unaffiliated with Populaw can offer information and interact with other attorneys, experts, neutrals and groups. Any attorney-client relationship formed as a result of interactions on Populaw is between the parties—not between Populaw and the parties. Populaw cannot be held responsible for the quality or accuracy of any information or legal services provided by anyone that lawyers find via Populaw.

 

5. Premium services

Populaw offers optional subscription services for experts, neutrals and group, including, but not limited to: poulaw partners. By selecting a Populaw partner you agree to pay Populaw the subscription or usage fees (the “Subscription Fees”) indicated for that service. You further agree to provide Populaw with a valid payment method, which Populaw will store and from which Populaw will automatically charge Subscription Fees as they become due. Subscription Fees will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your payment method on a recurring basis until you cancel your Premium Service. The amount of the monthly recurring charge will be the then-current Subscription Fee applicable to the Premium Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable Subscription Fee increases. Populaw will collect and remit sales tax where required by state laws, based on the Premium Services and your primary office location.

Premium Services must be cancelled prior to the applicable renewal date in order to avoid billing of the next month's Subscription Fee. Subscription Fees for Premium Services are not prorated or refundable. In no event will a cancellation or reduction in service relieve you of your obligation to pay the Subscription Fees that are due for the period prior to the effective date of cancellation or reduction in service. 

If your payment method fails or your account is past due, Populaw reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to Populaw within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

You retain all rights in, and are solely responsible for, the Premium Services Content posted on Populaw or websites supported by Populaw. You give poulaw, our affiliates, providers of third-party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Premium Services Content (in whole or in part) in providing the Services.

 

6. Advertising and communications

It is solely the responsibility of the experts and neutrals to ensure that any information or advertisements they post or place on the Populaw website (including without limitation any Legal Information), and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.

 

7. Copyright

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement.

 

8. Software

Some of our Services allow you to download client software ("Software") which may update automatically; you agree that these Terms will apply to such upgrades. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

 

9. Disclaimers and acknowledgements regarding use of legal information

While Populaw strives to provide—and to allow its members to provide—useful information regarding lawyers and legal services, there are some things that we cannot guarantee. You acknowledge that such information consists of third-party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. POPULAW DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, POPULAW AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." POPULAW ALSO DISCLAIMS ANY 

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POPULAW OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF POPULAW, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.

 

11. User posted content & other interactive services or areas

Populaw includes interactive areas in which you may post content and information, including peer endorsements and user reviews, questions and answers, comments, photos, and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to Populaw. You are also solely responsible for your use of such interactive features and use them at your own risk. By using any interactive feature, you agree to comply with the Populaw Community Guidelines. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

When you post User Content to Populaw, you give Populaw and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the Populaw platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

 

12. Indemnification

You agree to defend, indemnify and hold harmless Populaw, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.

 

13. Modifications

Populaw may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.

 

14. Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to

resolve it informally. You may send us the details of your concern to Populawllc@gmail.com.  However, if Populaw is not able to informally resolve your complaint, you and Populaw agree to individual binding arbitration pursuant to the Federal Arbitration Act (“FAA”)and not to sue in court in front of a judge or jury. Notwithstanding any other requirements imposed by law, the chosen arbitrator shall be a retired judge from the Superior Court of the State of California, or an individual otherwise qualified to which the parties agree and shall be subject to the same reasons for disqualification as those that should be applied to a judge of said court. All the rules of pleas (including the right to challenge), all evidentiary rules, all rights to conflict resolution according to proposals of summary judgement, trial based on the pleadings, and finding of the Code of Civil Procedure section 631.8 shall be applied and observed. The resolution of controversies shall be exclusively based on the law that regulates actions and exceptions and the arbitrator shall not invoke any legal basis (including, but not limited to, notions of "good cause") that isn't controlled by said law. The arbitrator shall have the immunity of a judicial officer from any civil liability while acting in the capacity of an arbitrator; said immunity shall complement any other prior existing immunity. As reasonably necessary to allow for the thorough use and benefit of the modifications of this agreement to legal procedures, the arbitrator may extend the time frames established by law for the serving of notices and the adjustment of hearings. Findings will include the written opinion of the aforesaid arbitrator.

The following applies to any arbitration proceedings between you and Populaw:

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. This notice may be sent via email to: support@populaw.com  

Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR from when it first could be filed. Otherwise, it 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.

Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, Populaw’s principal place of business in Los Angeles, CA.

Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:

Small Claims Court. If the claim qualifies, either you or Populaw may bring an action in small claims court in Los Angeles, CA. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.

Injunctive relief. Populaw may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, Populaw may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms of Use.

Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in Los Angeles, CA, and you and Populaw consent to personal jurisdiction and exclusive venue in such courts.

Option to Opt Out of Arbitration. You may opt out of this agreement to arbitrate. If you do so, neither you nor Populaw can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to the arbitration provision in these Terms. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to: support@populaw.com 

NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.

 

15. Applicable law

The laws of the State of Delaware will apply to any disputes arising out of or relating to these Terms or the Services. 

 

16. Termination

Notwithstanding any of these Terms, Populaw reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Populaw reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.

 

17. Entire agreement

These Terms constitute the entire agreement between you and Populaw with respect to the subject matter of these Terms and supersede and replace any prior version of the Terms. These Terms create no third-party beneficiary rights.

 

18. Waiver, severability, and assignment

Populaw’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Populaw may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

 

19. Questions and contact information

If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should contact Customer Care.
 

Community guidelines

As an online community of intelligent and experienced members, we host a variety of diverse opinions. We welcome this diversity, and ask that all of our participants adhere to these simple guidelines:

  • Inappropriate content While Populaw maintains a relatively open forum, this is a professional site devoted to professionals.  So please, while a certain amount of passion, colorful language and even hyperbole is permissible, do not engage in name-calling, threats, general rudeness or putting down of others, harassment, lewdness, or displays of bigotry.
  • Questions: Please ask questions directly related to your concern. Do not post spam or irrelevant content.   
  • Answers: Answering questions is a great way to help people get oriented toward solving their legal problems, and to display your legal acumen.
  • Reviews:  Not all reviews are moderated by Populaw.  Reviews are most useful to others when they include specific details of your experience.
    • We are looking for your personal experience with Populaw reviews.  Reviews relating what you’ve heard from someone else are not helpful.  Again, the most valuable information for other consumers is the specifics of what delighted or frustrated you about your experience. 
  • Be factually accurate. While you are free to express your opinion, it is important to not exaggerate or misrepresent your experience. Populaw 
  • doesn’t verify or investigate reviews, and we don't take sides when it comes to factual disputes.
    • Reviews and/or posts that include accusations of criminal activity or unethical behavior must include some specific factual details.  And the more serious the accusation, the more specific you need to be about what was done wrong.
    • Please only review experts and neutrals that you have personally worked with.  
  • To our users: Safety first

    When posting questions, reviews or comments, don't give out personal information such as home or email addresses, telephone numbers, credit card numbers, social security numbers, passwords, etc. You may contact professionals directly from email links or phone numbers displayed on their profiles and then exchange personal contact information.
     

    Originality counts

    Think before you post and stay on topic. Answers that don't specifically address their questions may be removed, so think twice about copying and pasting the same answer to multiple questions. Additionally, guides with a substantial amount of content that you did not author will be taken down.
     

    Terms

    We appreciate your compliance with these guidelines. While we are devoted to free speech, we reserve the right to remove any content that does not respect these guidelines or that detracts significantly from our users' experience. Failure to comply with any of these guidelines may also result in the temporary or permanent loss of posting privileges.

    If you have any questions, or to report any infractions, please contact us.