TERMS OF SERVICE

USER AGREEMENT

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This is important: This User Agreement (“Agreement”) contains important information about Your legal rights, remedies, and obligations, and is a legally binding agreement between You (“You” or “User”) and Jaclyn Foster Paralegal Group, LLC (D/B/A Freelance Paralegals USA)  (“Freelance Paralegals USA,” “we”, or “us”), governing Your use of the Freelance Paralegals USA Site and Site Services (collectively, “Services”).

 

You understand that by using the Freelance Paralegals USA Site or Site Services (which generally means using in any way our work marketplace freelanceparalegals.com and freelanceparalegalsusa.com or our applications), and by clicking accept when prompted on the Site, You agree to be bound by all agreements which constitute Freelance Paralegals USA’s Terms of Service, and You agree that the “Terms of Service” means every agreement linked herein and includes the Fee and ACH Authorization, Privacy Policy, Terms of Use, and this User Agreement, including the arbitration agreement and class action waiver that applies to claims brought against Freelance Paralegals USA in the United States.

 

You have an opportunity to opt out of arbitration as provided. This Agreement also incorporates, for any User using the Freelance Paralegals USA “Placement Specialist” Service. You should read all of our terms carefully because You are promising not to break any agreements in the Terms of Service.

 

If You want to use our work marketplace or any of our services (which we refer to altogether as Services), whether just by looking around or by registering an account, You must first read and agree to this Agreement (including the dispute resolution and arbitration provisions). If You don’t understand this Agreement or You don’t agree to all of its terms and conditions, You may not use our Services. If You do not understand or agree to this Agreement, do not click to accept this Agreement, “Sign Up”, “Create My Account”, or similar, and do not visit freelanceparalegals.com or freelanceparalegalsusa.com, use our mobile applications, or otherwise use our Services. If You are using our Services on behalf of a business or legal entity, You may only do so if You have authority to agree to the Terms of Service on behalf of that business or legal entity.

 

1.     FREELANCE PARALEGALS USA ACCOUNTS

 

1.1  REGISTRATION

 

You must register for an account (“Account”) to have full access to our Services.  If You are a registered

 

Freelance Paralegals USA provides its Services solely for business purposes and not for personal or consumer use. By registering for an Account or utilizing our Services, You affirm that You: (a) conduct business under Your own name as a self-employed individual/sole proprietor or serve as an employee or agent of an independent business entity (such as a corporation, limited liability company, or similar organization); (b) will utilize our Services exclusively for business purposes; (c) will adhere to any requisite licensing, registration, or other regulatory obligations applicable to Your business activities, or the business You represent, including the offering or provision of Freelancer Services; and (d) are either a legal entity or an individual aged 18 or above (or above the legal age of majority in Your jurisdiction if it exceeds 18), capable of entering into legally binding agreements.

 

All Users must reside possess US-based experience to access and utilize the services provided by Freelance Paralegals USA. US-based experience are prerequisites for registration and participation on the platform. By registering and using Freelance Paralegals USA, Users confirm their adherence to these requirements and acknowledge that failure to meet these criteria may result in restrictions or termination of their account access.

 

1.2 ACCOUNT TYPES

 

We offer two types of accounts (“Account Types”):  Buyers and Providers (collectively the “Users”).  You agree to register for only one Account that requires a unique login.  You are allowed to act as a Buyer under a Provider account, but a You cannot Sell under a Buyer account. 

 

By creating an Account as an employee or agent representing a company, You affirm that You possess the requisite authorization to enter into binding agreements, including the Terms of Service, both personally and on behalf of the company. It is permissible for multiple individuals to create Accounts as employees or agents acting on behalf of the same company.


“Buyers” on the Freelance Paralegals USA platform are attorneys duly licensed to practice law in their respective jurisdictions. They are bound by legal and ethical standards, and are committed to upholding the integrity of the legal profession. These attorneys understand the limitations of paralegal services and will not engage in any activity that constitutes the unauthorized practice of law (UPL). They will not manipulate or deceive paralegals into performing tasks that exceed the scope of their authorized duties. Freelance Paralegals USA provides a platform where attorneys and paralegals can engage in lawful and ethical collaboration, ensuring compliance with all regulatory requirements and professional standards.


"Providers " on the Freelance Paralegals USA platform are professionals offering their legal support services to attorneys. These Providers  encompass a diverse range of individuals, including paralegals, legal assistants, and other legal professionals. They may vary in experience, expertise, and qualifications. Providers  on Freelance Paralegals USA are committed to providing assistance to attorneys within the scope of their capabilities and legal knowledge. They understand the importance of adhering to ethical standards and regulatory requirements in their work. Freelance Paralegals USA offers a platform where attorneys can connect with Providers  to fulfill their legal support needs efficiently and effectively.


Attorneys are strictly prohibited from creating Provider accounts on the Freelance Paralegals USA platform. Our platform is exclusively designed for paralegals to offer their services to attorneys and law firms. This policy ensures the integrity of the platform's purpose and maintains a clear distinction between Buyers and Providers , fostering a conducive environment for efficient and transparent transactions between attorneys and paralegals. Any attempts by attorneys to create Provider accounts will result in immediate account suspension or termination.

 

Disclaimer: Freelance Paralegals USA is exclusively intended for attorneys and legal professionals seeking freelance paralegal services. It is explicitly prohibited for members of the general public who are not licensed attorneys to register accounts on this platform under false pretenses for the purpose of soliciting the services of paralegals. Engaging in such activity would constitute a violation of regulations prohibiting the unauthorized practice of law (UPL). Freelance Paralegals USA does not condone or facilitate any actions that may lead to UPL. Users found to be in breach of these terms will be subject to immediate account termination and legal action if necessary. Any individual seeking legal assistance should consult with a licensed attorney in their jurisdiction. Freelance Paralegals USA assumes no responsibility for any misuse of the platform or any consequences arising from such actions.

 

1.3  ACCOUNT SHARING


Account sharing is strictly prohibited on Freelance Paralegals USA. Each User must create and maintain their own individual account, and sharing login credentials with others is not permitted. This policy is in place to ensure the security and integrity of User accounts, as well as to prevent unauthorized access to sensitive information and transactions. Users found to be sharing accounts will be subject to account suspension or termination. It is essential for Users to maintain the confidentiality of their login details and to refrain from sharing them with anyone else. This helps to safeguard the privacy and security of all Users on the platform.

 

If You are an agency, You are prohibited from allowing anyone under Your direction to utilize Your account to sell, collaborate, and interact on the platform.  Anyone You direct work to, whether as an independent contractor, employee, or otherwise, must sign up for their own User account in order to access the platform. 

 

1.4 IDENTITY AND LOCATION VERIFICATIONS


Upon registering for an Account and at regular intervals thereafter, Your Account will undergo verification procedures, which may include validation against third-party databases or the authentication of official government or legal documents confirming Your identity, location, and authorization to represent Your business on Freelance Paralegals USA. By registering, You grant Freelance Paralegals USA the authority, either directly or through third-party entities, to conduct necessary inquiries to authenticate Your identity, location, and ownership of Your business, email address, or financial accounts, in accordance with applicable regulations. Upon request, You are obligated to promptly furnish comprehensive details about Yourself and Your business, including official government or legal documentation, and to cooperate with any reasonable requests made to verify Your identity. Certain Account features may be temporarily restricted during the verification process, with full functionality reinstated upon successful completion of verification.

 

1.5 FPUSA CERTIFIED BADGES

 

It is expressly prohibited to display or utilize the FPUSA Certified badge unless You have completed the FPUSA Certification process and received the badge icon directly from Freelance Paralegals USA. Unauthorized use of the badge is strictly forbidden and may result in account suspension or termination.

 

2.     PURPOSE OF FREELANCE PARALEGALS USA

 

Freelance Paralegals USA operates as a streamlined marketplace connecting attorneys with freelance paralegals and other legal professionals including, but not limited to, legal assistants, receptionists, intake coordinators, bookkeepers, legal consultants, and excluding attorneys. Our platform simplifies the process of identifying, engaging, and collaborating with paralegal professionals. Within the framework of our Terms of Service, Freelance Paralegals USA provides Users with essential functionalities, including maintaining the platform, facilitating User interaction, and offering support for effective connections. Users utilize Freelance Paralegals USA primarily for discovering paralegal services, without involvement in contract facilitation or financial transactions through the platform.


Freelance Paralegals USA operates as a dedicated platform where Users can seamlessly connect and collaborate. We facilitate the process of finding and engaging with paralegals for legal support services, but we do not directly involve ourselves in negotiations or service delivery. Our role is to provide a space for attorneys and paralegals to interact and form professional relationships independently. Users are solely responsible for evaluating the suitability of projects, entering into contracts, and verifying information about each other. Freelance Paralegals USA does not supervise or guarantee the quality of services offered by Users. While we may provide certain badges to highlight User profiles, these do not serve as guarantees of performance. Users retain full autonomy over their business activities and are encouraged to explore additional channels for service provision. As part of our commitment to continuous improvement, we may introduce new features or tools for testing, but availability cannot be guaranteed at all times.


Freelance Paralegals USA operates as a platform facilitating connections between attorneys and paralegals, but we do not assume legal responsibility for ensuring compliance with tax laws, independent contractor regulations, or overtime wages. Users engaging on our platform are independent parties responsible for adhering to applicable legal requirements. Freelance Paralegals USA is indemnified from any liabilities arising from Users' failure to comply with such laws and regulations. It is the responsibility of Users to seek legal advice and ensure compliance with relevant statutes and regulations governing their professional relationships and engagements.


Freelance Paralegals USA operates solely as a marketplace facilitating connections between attorneys and legal professionals, with no involvement in monetary transactions occurring off the platform. As such, Freelance Paralegals USA explicitly disclaims any responsibility for transactions conducted outside the platform. Users engage in independent agreements and transactions at their own discretion, understanding that Freelance Paralegals USA does not oversee or facilitate these exchanges. It's imperative to recognize that Freelance Paralegals USA does not assume any obligation to ensure tax compliance, provide tax documents, or offer financial assistance to Users. Since transactions occur independently of the platform, Users are solely responsible for complying with tax laws and regulations applicable to their respective jurisdictions. Freelance Paralegals USA does not intervene in or regulate these matters. The platform's primary function is to serve as a conduit for connecting attorneys with legal professionals, emphasizing collaboration and support within the legal community. Users should exercise due diligence and seek professional advice regarding financial and tax-related matters, as Freelance Paralegals USA does not provide such services or guidance.

 

3.     MARKETPLACE FEEDBACK AND USER RATINGS

 

You acknowledge and agree that Users, including both Buyers and Providers , provide information to Freelance Paralegals USA for publication on the platform, such as feedback, composite feedback, or geographical location. This information is voluntarily submitted by Users and does not imply any introduction, endorsement, or recommendation by Freelance Paralegals USA. It is important to understand that Freelance Paralegals USA does not verify this information and provides it solely for the convenience of Users. However, providing false or misleading information violates the terms of this Agreement and may lead to the revocation of access to the platform.

 

Furthermore, You acknowledge and agree that User feedback plays a crucial role in enhancing the marketplace and benefiting its Users. By using the platform, You explicitly request and consent to Freelance Paralegals USA making individual and composite feedback about Users, including Yourself, available to other Users. This feedback may include User comments, ratings, satisfaction indicators, and other relevant information left by fellow Users. Freelance Paralegals USA is not responsible for monitoring, influencing, or censoring these opinions and relies on the accuracy of the information provided. Should You identify any inaccuracies in Your feedback results, including Composite Information, You agree to notify Freelance Paralegals USA promptly. Additionally, You understand and agree that posted feedback and Composite Information pertain solely to the business advertised in the User's Profile and not to any individual person. You further agree not to utilize Composite Information for making employment, credit, underwriting, or similar decisions about any other User.

 

While using the Services, You may encounter content or information that could be inaccurate, incomplete, delayed, misleading, or offensive. Freelance Paralegals USA generally does not review or monitor User Content and cannot guarantee its accuracy or integrity. You acknowledge that Freelance Paralegals USA is not responsible for User Content and cannot prevent its misuse. Freelance Paralegals USA reserves the right, but is not obligated, to remove posted feedback or information that violates the Terms of Service, compromises the integrity of the feedback system, or conflicts with the platform's business interests.


Users who leave feedback on the Freelance Paralegals USA platform are encouraged to provide honest and constructive assessments of their experiences. Feedback should be fair, accurate, and free from any false information, discriminatory language, or offensive content. Freelance Paralegals USA does not tolerate any form of racism, discrimination, or inappropriate behavior in feedback. However, it's important to note that Freelance Paralegals USA cannot be held liable for any defamatory or slanderous statements made by Users in their feedback. Users are responsible for the content they publish, and any legal consequences arising from feedback disputes are the sole responsibility of the individuals involved. Freelance Paralegals USA remains committed to fostering a professional and respectful environment for all Users on the platform.

 

4.     CONTRACTUAL RELATIONSHIP BETWEEN BUYER AND SELLER


Users on Freelance Paralegals USA are responsible for determining whether to enter into agreements with other Users and for establishing the terms of those agreements. If a client and a paralegal decide to enter into a service contract, the contract is directly between them, and Freelance Paralegals USA is not a party to it. Freelance Paralegals USA does not assume any responsibility for the agreements made between Users. Clients and paralegals have the flexibility to include additional agreements, such as confidentiality or invention assignment agreements, as long as they do not conflict with Freelance Paralegals USA' terms and conditions. Optional service contract terms are available for Users to incorporate into their agreements, but Users are solely responsible for deciding whether to use them. Freelance Paralegals USA does not provide legal advice, create attorney-client relationships, or solicit any type of legal business, and Users are encouraged to seek legal advice from licensed attorneys for their specific needs.

 

4.1 DISPUTES AMONG USERS


In the event of disputes between Users on Freelance Paralegals USA, it is the responsibility of the parties involved to resolve them directly. Freelance Paralegals USA does not intervene in disputes between Users and is not liable for any damages or losses incurred as a result of such disputes. Users are encouraged to communicate openly and work collaboratively to address any issues that may arise during their engagement. Additionally, Users may seek legal advice or mediation services if necessary to facilitate resolution. Freelance Paralegals USA is committed to fostering a collaborative and respectful environment, but ultimately, the resolution of disputes rests with the parties involved.

 

4.2 CONFIDENTIALITY


Confidentiality is a crucial aspect of the Freelance Paralegals USA platform, and Users are expected to exercise discretion when sharing any sensitive information. While Freelance Paralegals USA provides secure channels for communication and collaboration, including chat and job postings, Users must understand that any information shared on the platform is done so at their own risk. Freelance Paralegals USA cannot be held liable for any breaches of confidentiality that may occur, whether through communication on the platform or outside of it. It is essential for Users to use caution and refrain from disclosing confidential or sensitive information that could compromise client confidentiality or violate legal obligations. By using the Freelance Paralegals USA platform, Users acknowledge and accept that they are solely responsible for safeguarding confidential information and understand that Freelance Paralegals USA is not liable for any breaches of confidentiality that may occur.

 

5.     WORKER CLASSIFICATION

 

Buyers and Providers  on Freelance Paralegals USA have the exclusive authority to determine whether a paralegal is engaged as an independent contractor or an employee. Freelance Paralegals USA does not facilitate transactions or provide payroll services. Buyers are responsible for evaluating and determining the appropriate classification of Providers  and ensuring compliance with relevant laws and regulations regarding worker classification. Freelance Paralegals USA does not assume any liability for worker classification decisions made by Buyers.

 

Additionally, Freelance Paralegals USA does not engage in employer-employee relationships with Users. Buyers are free to engage Providers  as employees.  However, Freelance Paralegals USA is not involved in the terms and conditions of any employment relationship that may arise, including selection processes, pay rates, work hours, or working conditions.

 

6.     FREELANCE PARALEGALS USA FEES

 

Freelance Paralegals USA offers a straightforward fee arrangement designed to accommodate both Providers  and Buyers on our platform. Providers  can list their services for a nominal monthly subscription fee of $9.99, making them visible to Buyers. Additionally, Providers  have the option to enhance their visibility through sponsored ads and featured listings, available for an additional fee as outlined within the platform.

It's important to note that Buyers can create an account on Freelance Paralegals USA at no charge, allowing them to browse and connect with Providers  seamlessly. However, recruiters and agencies are required to register as Providers  and pay the subscription fee to access our platform.

 

Please be advised that while our current fee structure is in place, fees are subject to change, and any adjustments will be communicated to our Users with a 30-day notice period to ensure transparency and clarity. At Freelance Paralegals USA, we strive to provide a fair and transparent pricing model that aligns with the needs of our valued Users.

 

6.1 SALES TAX

 

Freelance Paralegals USA operates in compliance with applicable sales tax laws and regulations. Providers  are responsible for determining the applicability of sales tax on transactions conducted through the platform based on their location and the nature of the services provided. Providers  are required to collect and remit any applicable sales tax to the appropriate tax authorities in accordance with local, state, and federal laws. Freelance Paralegals USA does not facilitate or oversee sales tax collection or remittance on behalf of Providers . By using our platform, Providers  acknowledge and agree to fulfill their obligations regarding sales tax compliance. Freelance Paralegals USA reserves the right to provide information and assistance to Providers  to support their sales tax compliance efforts but assumes no liability for any failure to comply with sales tax requirements.

 

6.2  NO FEE FOR CONNECTING & PLACEMENT SPECIALISTS EXCEPTION

 

Freelance Paralegals USA does not directly facilitate the introduction of Buyers to Providers . Our platform provides a space for Providers  to showcase their services and for Buyers to browse and connect with Providers . As such, Freelance Paralegals USA does not impose a fee when a Provider finds a suitable Buyer or project. Additionally, there are no charges for posting or viewing feedback, including Composite Information, on the platform.


The exception to our standard fee structure involves hiring a Placement Specialist for a one-time fee of $450. This fee applies when Clients opt for our specialized service to curate placement options beyond our platform. By engaging a Placement Specialist, Clients receive personalized assistance in identifying suitable candidates, saving time and effort in the recruitment process. This service offers three candidate options presented to the Client, streamlining the selection process and ensuring a tailored fit for their needs.

 

6.3 NON-PAYMENT OF MONTHLY SUBSCRIPTION

 

In the event that a Provider fails to pay their monthly subscription fee as required by Freelance Paralegals USA, certain actions and consequences will ensue. It is imperative for Providers  to maintain active subscription status to continue availing themselves of the platform's services and features.

 

A. Notification and Reminder:  Upon non-payment of the monthly subscription fee, Freelance Paralegals USA will issue a notification to the Seller, reminding them of the outstanding payment and providing instructions on how to rectify the situation. Providers  will be given a grace period to address the non-payment and bring their subscription up to date.

 

B. Suspension of Services: If the subscription fee remains unpaid beyond the stipulated grace period, Freelance Paralegals USA reserves the right to suspend the Seller's account and access to platform services. During this suspension period, the Provider will be unable to list services, access platform features, or engage in any transactions through Freelance Paralegals USA.

 

C. Termination of Account: Continued non-payment of subscription fees may result in the termination of the Seller's account with Freelance Paralegals USA. In such cases, the Provider will lose access to their account permanently, along with any data or information associated with it. Termination of the account is at the discretion of Freelance Paralegals USA and may occur if non-payment persists despite multiple reminders and suspension periods.

 

5. Liability for Outstanding Fees: Providers  remain liable for any outstanding subscription fees owed to Freelance Paralegals USA, even in the event of account suspension or termination. Failure to settle unpaid fees may result in further collection actions or legal recourse by Freelance Paralegals USA to recover the outstanding amounts.

 

It is the responsibility of Providers  to ensure timely payment of their monthly subscription fees to maintain uninterrupted access to Freelance Paralegals USA' platform and services. Failure to adhere to payment obligations may result in account suspension, termination, and potential liability for outstanding fees.

 

7.     PLACEMENT SPECIALIST PLACEMENT SUPPORT

 

Freelance Paralegals USA offers specialized placement support through our Placement Specialists service. This service is designed to assist attorneys and law firms (“Clients”) in identifying and selecting suitable candidates for their specific needs. Placement Specialists work closely with Clients to understand their requirements, preferences, and expectations, facilitating a tailored recruitment process.

 

Clients opting for Placement Specialists placement support receive comprehensive assistance in sourcing, vetting, and presenting candidates. Placement Specialists leverage their expertise and industry knowledge to curate a selection of candidates that align with the Client's criteria, ensuring compatibility and suitability for the role.

 

It is important to note that Freelance Paralegals USA acts solely as a facilitator in the placement process and does not guarantee the suitability or performance of any candidate. While we strive to provide recommendations based on the information provided by the Client, we do not assume any liability for the actions or outcomes of the candidates selected.

 

Clients acknowledge that the ultimate decision to hire a candidate rests with them, and they are responsible for conducting their own due diligence and assessment of candidates. Freelance Paralegals USA does not warrant or represent the accuracy, completeness, or reliability of the information provided by candidates, and Clients are encouraged to verify and validate all information independently.

 

Furthermore, Freelance Paralegals USA disclaims any liability for any disputes, claims, or damages arising from the hiring process or the performance of candidates. Clients agree to indemnify and hold Freelance Paralegals USA harmless from any losses, costs, or liabilities incurred as a result of their engagement with candidates recommended through the Placement Specialists service.

 

In utilizing Placement Specialists placement support, Clients acknowledge and accept that Freelance Paralegals USA' role is limited to providing recommendations and assistance in the recruitment process. We aim to facilitate successful placements, but ultimately, the hiring decision and any associated risks lie with the Client.

 

8.     PLATFORM ACCESS AND BAN

 

Freelance Paralegals USA operates with the objective of fostering a professional and respectful environment for all Users. To maintain the integrity of the platform and ensure a positive experience for everyone, certain behaviors and actions are strictly prohibited. Freelance Paralegals USA reserves the right to refuse access to the platform or ban Users found engaging in any of the following activities:

 

A .Fraudulent Activity:  Any attempt to engage in fraudulent or deceptive practices, including but not limited to identity theft, payment fraud, or falsifying information, will result in immediate expulsion from the platform.

 

B. Misrepresentation: Users found misrepresenting their qualifications, experience, or any other information provided on their profile may face suspension or permanent ban from Freelance Paralegals USA. This includes misrepresentation of credentials, certifications, or professional background.

 

C. Harassment and Discrimination: Freelance Paralegals USA maintains a zero-tolerance policy towards harassment, discrimination, or any form of abusive behavior towards other Users. Actions such as bullying, intimidation, or making derogatory remarks based on race, gender, religion, sexual orientation, or any other protected characteristic will result in immediate removal from the platform.

 

D. Violation of Terms of Service: Users who repeatedly violate the terms of service, community guidelines, or any other policies outlined by Freelance Paralegals USA will face disciplinary action, including suspension or ban from the platform.

 

E. Illegal Activities: Engaging in any illegal activities or facilitating the same through Freelance Paralegals USA is strictly prohibited. Users found involved in criminal behavior, including but not limited to money laundering, intellectual property infringement, or any other unlawful acts, will be banned from the platform.

 

F. Disruptive Behavior:  Users who disrupt the normal operation of the platform, spam other Users, or engage in activities that hinder the User experience for others may face disciplinary action, including account suspension or ban.

 

G. Non-Compliance with Policies:  Failure to comply with platform policies, including fee payment obligations, confidentiality, or any other contractual commitments, may result in expulsion from Freelance Paralegals USA.

 

H. Users who receive ongoing and repetitive complaints from Buyers regarding the quality of service, professionalism, or fulfillment of contractual obligations may face disciplinary action, including account suspension or ban.  Freelance Paralegals USA prioritizes customer satisfaction and expects all Users to maintain high standards of service and professionalism. 

 

Freelance Paralegals USA reserves the right to review and investigate any reported violations or suspicious activities and take appropriate action as deemed necessary. Users are expected to adhere to the platform's guidelines and policies to maintain their access to Freelance Paralegals USA' services.

 

8.1  TERMINATION

 

In the event that either party decides to terminate this Agreement, such termination may be initiated at any time, at the sole discretion of the terminating party, without the need for providing an explanation. Written notice of termination must be sent to the other party, resulting in the cessation of all other associated Terms of Service, unless otherwise stipulated within this Agreement. Should termination be properly executed, the terminated party's right to access and utilize the Services will be automatically revoked, leading to the closure of their Account.

 

It is understood that Freelance Paralegals USA assumes no responsibility as a party to any Service Contract established between Users. Consequently, termination of this Agreement shall not affect any ongoing Service Contract or Project between Users.

 

Freelance Paralegals USA reserves the right, without limitation to other available remedies, to restrict or revoke access to the Services, deny registration, or terminate Account access in cases where: (i) there is a breach of any terms and conditions outlined in this Agreement or the Terms of Service; (ii) there are reasonable grounds to suspect the provision of false or misleading information; (iii) actions may result in legal liabilities for any party or jeopardize the interests of the platform or User community; or (iv) legal obligations or law enforcement mandates dictate such actions. In the event of temporary or permanent Account closure, subsequent access to the platform under the same or a different Account requires prior written consent from Freelance Paralegals USA. Any attempt to circumvent this requirement may result in the retrieval of available funds and the utilization of applicable Payment Methods to settle outstanding dues, as permitted by law.

 

Acknowledging the significance of transparency in maintaining the platform's integrity, all Users consent to the disclosure of Account status if Freelance Paralegals USA opts to close their Account. Such disclosures may include notifying other Users involved in Service Contracts and providing a summary of the reasons for Account closure, as permitted by law. Freelance Paralegals USA bears no liability for any notices provided or withheld regarding Account closure or the reasons behind such actions. Upon Account closure, Users may lose access to stored information and content, as Freelance Paralegals USA may delete stored content, with no liability attached to the platform. Freelance Paralegals USA may retain certain Account information in accordance with applicable laws and its Privacy Policy.

 

9.     LIMITATION OF LIABILITY

 

Freelance Paralegals USA shall not be held liable, and Users agree not to hold Freelance Paralegals USA responsible, for any damages or losses arising from or related to the Terms of Service. This includes, but is not limited to: (i) the use of or inability to use the Freelance Paralegals USA platform or services; (ii) any delays or disruptions in the platform or services; (iii) viruses or other malicious software obtained through the platform or services; (iv) glitches, bugs, errors, or inaccuracies in the platform or services; (v) damage to Users' hardware devices resulting from the use of the platform or services; (vi) the content, actions, or inactions of third parties using the platform or services; (vii) any suspension or other action taken with respect to a User's account; (viii) reliance on the quality, accuracy, or reliability of job postings, profiles, ratings, recommendations, feedback, or metrics found on or through the platform; and (ix) any need to modify practices, content, or behavior or loss of business opportunities resulting from changes to the Terms of Service.

 

Furthermore, in no event shall Freelance Paralegals USA, its affiliates, licensors, or third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. The total liability of Freelance Paralegals USA, its affiliates, licensors, and third-party service providers to any User for any claim arising from or related to this Agreement or the Terms of Service shall not exceed the lesser of: (a) $2,500 or (b) any fees retained by Freelance Paralegals USA with respect to the monthly service fee and any sponsored or featured ad fees in which the User has paid Freelance Paralegals USA during the six-month period preceding the date of the claim.

 

These limitations shall apply to any liability arising from any cause of action whatsoever arising from or related to this Agreement or the Terms of Service, whether in contract, tort (including negligence), strict liability, or otherwise, even if Freelance Paralegals USA has been advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some states and jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply.

 

10.  INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Freelance Paralegals USA, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) arising from or related to: (a) Your use of the Freelance Paralegals USA platform, including any payment obligations or defaults incurred through its use; (b) any work product or User content associated with Your use of the platform; (c) any service contract entered into by You or Your agents, including but not limited to the classification of a Placement Specialist as an independent contractor, or any employment-related claims; (d) Your failure to comply with the Terms of Service; (e) Your failure to comply with applicable law; (f) negligence, willful misconduct, or fraud by You or Your agents; and (g) Your violation of any third-party rights, including without limitation any right of privacy, publicity rights, or intellectual property rights. For the purposes of this provision, Your agents include any person who has apparent authority to access or use Your account demonstrated by using Your Username and password.

 

An “Indemnified Claim” refers to any claim, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) arising from or related to any claim, suit, proceeding, demand, or action brought by You, a third party, or another User against an Indemnified Party.

 

An “Indemnified Liability” refers to any claim, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or related to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against You, a third party, or another User.

 

11.  SURVIVAL

 

Upon termination of this Agreement, provisions that explicitly or inherently require performance subsequent to termination or expiration shall persist and remain fully effective. Such provisions encompass, but are not limited to, those relating to arbitration, audits, intellectual property rights, non-circumvention, indemnification, fees, reimbursements, and limitations of liability. It is acknowledged that these provisions anticipate continued performance or adherence subsequent to the termination of this Agreement. Termination of this Agreement, regardless of the reason, shall not absolve either party from obligations incurred prior to termination, nor shall it negate obligations that may arise from any actions or oversights preceding termination.

 

12.  DISPUTES BETWEEN YOU AND FREELANCE PARALEGALS USA

 

12.1       DISPUTE PROCESS, ARBITRATION AND SCOPE

 


In the event of a dispute between You and Freelance Paralegals USA or our affiliates, our aim is to resolve it swiftly and economically. Both You and Freelance Paralegals USA, along with our affiliates, agree to settle any and all claims, disputes, or controversies arising from or related to this Agreement, other Terms of Service, Your association with Freelance Paralegals USA (including any alleged employment with Freelance Paralegals USA or its affiliates or successors), the termination of such association, or the Services (each referred to as a “Claim” and collectively as “Claims”) through binding arbitration on an individual basis, as per this Section 14 (commonly referred to as the “Arbitration Provision”).

 

Claims exempt from predispute arbitration agreements as outlined by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Public Law 117-90), or by applicable law, are not covered by this Arbitration Provision.

 

By consenting to arbitrate disputes under this Agreement, BOTH PARTIES ARE EXPRESSLY WAIVING ANY RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE. Instead, the parties opt to resolve Claims through arbitration. The arbitrator’s decision shall be final and binding, subject to review based on grounds specified in the Federal Arbitration Act (“FAA”).

 

12.2      CHOICE OF LAW

 

In the event of any disputes between You and Freelance Paralegals USA, both parties agree that Wisconsin law shall govern the resolution of such disputes. Furthermore, any legal proceedings or actions arising out of or related to these disputes shall be exclusively brought in the state or federal courts located in Wisconsin. By agreeing to these terms, You waive any objections to jurisdiction or venue in such courts and consent to the exercise of personal jurisdiction by such courts.

 

12.3       CLASS AND COLLECTIVE WAIVER

 

In the context of Freelance Paralegals USA, private attorney general representative actions under the California Labor Code are not subject to arbitration and fall outside the scope of this Arbitration Provision. These actions may be pursued in a court of law. However, it's important to note that this Arbitration Provision impacts Your ability to engage in class or collective actions. Both You and Freelance Paralegals USA agree that any disputes will be resolved through arbitration on an individual basis only, and not as part of a class or collective action representing others.

 

The Class Action Waiver expressly prohibits disputes from being brought, heard, or arbitrated on a class or collective basis. Any challenges to the enforceability, revocability, scope, validity, or breach of the Class Action Waiver must be resolved in a civil court of competent jurisdiction, not by an arbitrator. If a court determines that all or part of the Class Action Waiver is unenforceable or allows arbitration on a class basis, the arbitration provision is rendered null and void, and the class or collective action must be litigated in court.

 

Additionally, no arbitration or proceeding may be combined without the consent of all parties involved. Both You and Freelance Paralegals USA agree that there will be no retaliation for filing or participating in a class or collective action. However, Freelance Paralegals USA retains the right to lawfully enforce this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act, including seeking dismissal of class or collective actions or claims.

 

13.  GENERAL

 

13.1        ENTIRE AGREEMENT

 

This Agreement, in conjunction with the other Terms of Service, constitutes the sole agreement between You and Freelance Paralegals USA concerning the Services, overriding all previous agreements regarding the Services and any prior agreements between us for actions taken after the effective date of this Agreement. The only deviation from this is an Enterprise Agreement or a comparable agreement for premium services authorized by a duly appointed representative of Freelance Paralegals USA (“Premium Agreement”). In such instances, these Terms of Service are supplanted to the extent specified in the Premium Agreement, but otherwise remain in effect. It's important to note that written email or letter communications, or verbal agreements, cannot serve as a Premium Agreement.

 

13.2       MODIFICATIONS WAIVER

 

Subject to the conditions outlined herein, Freelance Paralegals USA reserves the right to modify this Agreement and any other agreements encompassed within the Terms of Service at its discretion by publishing a revised version on the platform. Freelance Paralegals USA will provide reasonable advance notice of any amendment involving a Substantial Change (defined below), by publishing the updated Terms of Service on the platform and issuing notification on the platform or via email. In the event that a Substantial Change includes an increase in Fees imposed by Freelance Paralegals USA, a minimum of 30 days' advance notice will be provided for the change. However, no advance notice will be given for changes resulting in a reduction in Fees, any temporary or promotional Fee adjustments, or changes that do not constitute a Substantial Change. The effective date of any revisions to the Terms of Service will be duly noted. Any modifications or amendments to the Terms of Service will only be binding upon Freelance Paralegals USA if they are agreed upon in a written instrument signed by an authorized representative of Freelance Paralegals USA or posted on the platform by Freelance Paralegals USA. Email communication will not constitute a written instrument as contemplated by this Section 15.2.

 

Freelance Paralegals USA' failure to take action regarding a breach by You or others does not constitute a waiver of its right to take action regarding subsequent or similar breaches. Freelance Paralegals USA does not guarantee that action will be taken against all breaches of this User Agreement.

 

13.3       ASSIGNABILITY

 

These Terms of Service and associated rights or obligations may not be transferred or assigned by You unless in accordance with the provisions outlined in this section. To transfer the Terms of Service or Your Account to a successor following an acquisition of Your company, a merger, or a significant change in majority ownership, You must provide written notice to Freelance Paralegals USA, Attention: Legal, ______________, or via email to legalnotices@freelanceparalegals.com. This notice should include: (a) Your Account Username, (b) Your name, (c) Your address, (d) Your telephone number, (e) Your email address, (f) a statement detailing the manner of acquisition, (g) the name and contact information of the acquirer, and (h) the effective date of the change in ownership. If Freelance Paralegals USA does not object via email within 5 business days of receiving an email or 7 business days of receiving a written notice, then the assignment is deemed permissible, provided the notice is correctly addressed in both cases. This provision does not apply to Enterprise Clients. Any other assignments require prior written consent from Freelance Paralegals USA, which can be requested via email or letter using the provided addresses. Any attempted transfer or assignment without consent will be deemed null and void.

 

13.4       SEVERABILITY

 

If any provision of this Agreement is deemed invalid or unenforceable under applicable law, it will be modified and interpreted to achieve the objectives of such provision to the fullest extent permitted by law. The remaining provisions of this Agreement will remain valid and enforceable. In the event that any provision of this Agreement or the other Terms of Service is found to be illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or portion thereof will be ineffective only in the jurisdiction where it is deemed illegal, invalid, or unenforceable, to the extent of its illegality, invalidity, or unenforceability. It will be considered modified to conform to applicable law to give maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in one jurisdiction will not impact the legality, validity, or enforceability of that or any other provision in any other jurisdiction.

 

13.5       FORCE MAJEURE

 

The parties to this Agreement will not be responsible for any delay or failure to perform any obligation under this Agreement for a reasonable period due to labor disturbances, accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar event beyond the parties’ reasonable control.

 

13.6         PREVAILING LANGUAGE AND LOCATION

 

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United States.

 

13.7         ACCESS OF THE SITE OUTSIDE OF THE UNITED STATES

 

Freelance Paralegals USA does not warrant that the platform or its services are suitable or available for use outside the United States. Users accessing or utilizing the platform from other jurisdictions do so at their own risk and are solely responsible for compliance with all relevant laws and regulations, both domestically and internationally. This includes adherence to export and import regulations, such as the Export Administration Regulations administered by the U.S. Department of Commerce, and sanctions programs managed by the U.S. Department of the Treasury Office of Foreign Assets Control. Users are prohibited from directly or indirectly selling, exporting, or transferring any software or service to any end User without obtaining necessary authorizations from relevant government authorities. Furthermore, Users warrant that they are not barred from receiving products of U.S. origin, including services or software. By accessing or using Freelance Paralegals USA' services, Users affirm that neither they nor any affiliated entity are: (a) citizens or residents of jurisdictions where access to the platform is prohibited by law; (b) located in areas subject to U.S. or other sovereign country sanctions or embargoes; or (c) listed on government watchlists restricting trade or commerce. Users agree to promptly cease using the services if their residency or circumstances change in a manner that renders the aforementioned representations inaccurate. Failure to comply may result in immediate revocation of access to the platform.

 

 

13.8 CONSENT TO USE ELECTRONIC RECORDS AND NOTICES

Freelance Paralegals USA and its affiliated entities may be required to furnish certain communications, notices, agreements, statements, or disclosures in writing regarding our services. By using our platform, You consent to receive these records electronically from Freelance Paralegals USA and its affiliates rather than in traditional paper form.