TERMS AND POLICIES
Help Request Form
This Terms of Use Agreement (“Agreement”) constitutes a legal agreement between you, an individual (“you” or “User”) and SupportBikers.com (Company), whereby the Company agrees to provide you information about independent providers of services which may include legal services. This agreement enables you to seek legal services from an Attorney and/or an Attorney will contact you regarding legal services. You acknowledge and agree that the Company is a technology services provider that does not provide legal services. You must agree to the terms and conditions that are set forth below. Upon your execution (electronic or otherwise) of this Agreement, you and Company shall be bound by the terms and conditions set forth herein. BY VIRTUE OF YOUR ELECTRONIC EXECUTION OF THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT.
1. Definitions
1.1 “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity.
1.2 “Company” means SupportBikers.com
1.3 “Company Data” all data related to Attorneys and to the provision of information relating to Legal Services
1.4 “Term” is as defined in Section 12.1.
1.5 “Attorney” means an independent provider of legal services.
1.6 “Legal Services” means an Attorney’s provision of legal services to Users.
1.7 “User” means you or any other end user seeking Legal Services offered by Attorneys.
1.8 “User Information” means information about you or any other User made available to Attorneys in connection with such User’s request for Legal Services, which may include the User’s name and contact information.
1.9 “Territory” means the location in which you reside, as represented in your User Information.
2. Use
2.1 Your Relationship with Attorneys. Company does not investigate or certify the skills, qualifications or background of any Attorney. You acknowledge and agree that you are solely responsible for performing such an investigation and taking such precautions as you deem reasonable regarding any Attorney. You shall have the sole responsibility for any damages or liabilities that arise from your acceptance of Legal Services. When you submit an inquiry concerning Legal Services in a particular Territory and particular field of law, Company will provide an Attorney that practices in that Territory. You consent to the Company’s sharing of your User Information with that Attorney, so the Attorney may contact you and you consent to being contacted by that Attorney. After an initial consultation with an Attorney, you may elect not to retain such Attorney at your sole discretion.
2.2 Your Relationship with Company. Company is not your attorney and does not provide Legal services. Company has no role in determining the financial arrangements you may choose to make with any Attorney, and does not receive a percentage of any compensation you may pay to any Attorney. You have no attorney-client relationship with the Company. Company is not responsible or liable for the actions or inactions of any Attorney. Company retains the right to deactivate or otherwise restrict you from accessing the Company Services in the event of a violation or alleged violation of this Agreement, or any act or omission by you that causes harm to Company’s or its brand, reputation or business as determined by Company in its sole discretion.
3.You and Your Information
You acknowledge and agree that you shall be asked to provide the following information prior to seeking and or receiving Legal Services: Name, email, phone number, and any other information you provide on the form.
4. Proprietary Rights
4.1 Ownership. This Agreement nor your use of the Company Request Form does not convey or grant to you any rights in or related to the Company Data. You are not permitted to use or reference in any manner Company’s, names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership. You agree that you will not try to register or otherwise use and/or claim ownership in any of the Company, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.
5. Confidentiality
5.1 Each party acknowledges and agrees that in the performance of this Agreement and/or use of services pursuant to it may have access to or may be exposed to, directly or indirectly, confidential information of the other party (“Confidential Information”). Confidential Information includes Company Data, User IDs, and User Information.
5.2 Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement.
5.3 Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party.
5.4 Company may disclose Confidential Information it such disclosure is required pursuant to law, court order, subpoena or governmental authority.
6. Privacy
6.1 Disclosure of Your Information. Subject to applicable law, Company may, but shall not be required to, provide to you or an Attorney any information (including personal information (e.g., information you submit about yourself ) and any Company Data) about you if it is not necessary to enforce the terms of this Agreement. You understand that Company may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.
6.2 Company may collect your personal data during the course of your application for support. You expressly consent to such use of personal data.
7. Assumption of Risk and Waiver of Claims
You hereby assume full responsibility for, and waive all claims against Company for, any and all expenses, losses and damages that you incur from submitting a request form.
8. Representations and Warranties; Disclaimers
8.1 By You. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the Term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws, rules and policies in your performance of this Agreement.
8.2 Disclaimer of Warranties. COMPANY PROVIDES, AND YOU ACCEPT, COMPANY DATA ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE COMPANY DATA WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE ATTORNEYS WHO MAY PROVIDE LEGAL SERVICES TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO AN ATTORNEY OR OTHER THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED INCLUDING ATTORNEYS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY ATTORNEY OR OTHER THIRD PARTY.
9. Indemnification
You shall indemnify, defend (at Company’s option) and hold harmless Company and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, and fines arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Attorneys) directly or indirectly related to your submitting a request for help form.
10. Limits of Liability
COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. IN NO EVENT SHALL THE LIABILITY OF COMPANY OR ITS AFFILIATES UNDER THIS AGREEMENT EXCEED.
11. Term
Term. This Agreement shall commence on the date a help request form is submitted and received by the Company.
12. Relationship of Parties
12.1 Except as otherwise expressly provided herein the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that no joint venture, partnership, agency or attorney-client relationship exists between Company and you.
12.2 You have no authority to bind Company or its Affiliates and you undertake not to hold yourself out as an employee, agent or authorized representative of Company or its Affiliates.
13. Miscellaneous Terms
13.1 Modification. In the event Company modifies the terms and conditions of this Agreement at any time, such modifications shall be binding on you only upon your acceptance, in accordance with the terms of this Agreement, of the modified Agreement. Company reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the Company you are bound by any future amendments and additions to information referenced at hyperlinks herein, or documents incorporated herein. Continued use of the after any such changes shall constitute your consent to such changes.
13.2 Notices. Any notice delivered by Company to you under this Agreement will be delivered by email to the email address associated with your account. Any notice delivered by you to Company under this Agreement will be delivered by contacting Company at contact@supportbikers.com
13.3 Governing Law. All disputes concerning or arising out of this Agreement shall be resolved under the law of the State of Florida, without regard to its conflict of law principles, and the parties hereby agree to exclusive jurisdiction and venue in the state and federal courts located in Charlotte County, Florida.