Counsel United Terms of Use

Last updated: January 1, 2020

  1. Definitions. The following terms are used throughout these Terms of Use and have specific meanings. You should know what each of the terms means.
    1. The term "Service" refers to the services provided by Counsel United, including without limitation access to Counsel United's online community; communication tools; and any documents existing on the Website. Counsel United does not provide an attorney referral service. We provide a venue for our Users to meet and exchange information with our Consultant Users and/or Sub-Consultant Users.
    2. The term "Agreement" (which may also be referenced herein as these "Terms of Use") refers, collectively, to all the terms, conditions, and notices contained or referenced in this document.
    3. The "Website" refers to Counsel United's website located at http://www.counselunited.com, all subpages and subdomains, and all content, services, and products available at or through the Website.
    4. "Counsel United," "We," and "Us" refer to Counsel United, LLC, as well as our affiliates, directors, subsidiaries, officers, and employees. Members are not part of Counsel United.
    5. The "User," "You," and "Your" refers to the person, company, or organization that has visited or is using the Website and/or the Service. A User may either be a Legal Client, a Consultant User, and/or a Sub-Consultant User, or neither a Legal Client, a Consultant User, nor a Sub-Consultant User.
    6. "Consultant Users" refers to licensed attorneys who may provide contracting or consulting work to Users and/or who communicate with Users via the Service. Consultant Users are not the employees or agents of Counsel United. Please see Section 6 of this Agreement for more information about Consultant Users.
    7. "Sub-Consultant User" refers to (i) paralegals or other legal professionals and (ii) law students, who provide contracting or consulting work to Consultant Users. Sub-Consultant Users are not the employees or agents of Counsel United. Please see Section 6 of this Agreement for more information about Sub-Consultant Users.
    8. "Legal Clients" refer to (i) Users who seek out and connect with Consultant Users for providing legal services for a fee ("Jobs"); and (ii) Users who contract with Consultant Users for additional work beyond the initial Job, which established the Consultant User-Legal Client relationship. Consultant Users are responsible to establish the terms of the relationship with the Legal Client via a signed engagement letter or other written agreement. Please see Section 6 of this Agreement for more information about Jobs and Legal Clients.
    9. "Content" refers to content featured or displayed through the Website, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website. Content includes, without limitation, User Generated Content (as further set forth and defined in Section 5), which may be submitted by any Legal Client, Consultant User or Sub-Consultant User.
  2. About the Counsel United Service. The Counsel United Service is a platform for collaboration and communication between Consultant Users, Sub-Consultant Users and Users seeking legal assistance. The Counsel United Service provides access to Counsel United's virtual community of Consultant Users and Sub-Consultant Users and easy collaboration, and the sharing of documents and other resources amongst Consultant Users, Sub-Consultant Users and Users, and the fostering of a client referral system amongst Consultant Users.
    1. Counsel United Is Not A Law Firm. Counsel United DOES NOT offer (i) legal representation; (ii) any legal advice, legal opinions, recommendations, referrals, or counseling. Neither Consultant Users nor Sub-Consultant Users are the employees or agents of Counsel United. Counsel United IS NOT involved in agreements between Users or in the representation of Users. At no point may Counsel United be held liable for the actions or omissions of any Consultant User or Sub-Consultant User performing consulting services for you.
    2. Counsel United Is Not An Attorney Referral Service. Counsel United is not an attorney referral service. Counsel United does not select or endorse any individual Consultant User to service a User. While Counsel United uses commercially reasonable efforts to verify that our registered Consultant Users are licensed attorneys ("Verified Consultant Users"), we do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any Consultant User, whether a registered or Verified Consultant User. Counsel United does not warrant or guarantee that Consultant Users are covered by professional liability insurance. Counsel United encourages Legal Clients to thoroughly research any Consultant User before accepting professional advice.
    3. Counsel United Does Not Vouch For Any Of Its Uses. Providing a service where potential clients and legal professionals can meet does not imply an endorsement of any subscribing attorney or service provider. Counsel United does not sanction statements an attorney may post on the Website or any statements of any attorney, whether or not a Consultant User. Counsel United makes no representation concerning the qualifications of non-attorney legal service providers.
    4. Counsel United Does Not Guarantee Results. From time to time, Legal Clients may submit reviews of Consultant Users, or Consultant Users may otherwise post reviews they have received from clients; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future legal matter. Counsel United will have no responsibility or liability of any kind for any User Generated Content or legal advice you encounter on or through the Website, and any use or reliance on User Generated Content or legal advice is solely at your own risk.
    5. Use of Counsel United Does Not Create An Attorney-Client Relationship With Counsel United. Counsel United does not offer legal advice or services. Any use of the Counsel United Service is not intended to, and does not create, an attorney-client relationship. Any communication via Counsel United may not be held confidential. Counsel United is not liable for the actions or omissions of any consulting services or other services provided by any Consultant User or Sub-Consultant User.
  3. User Responsibilities. You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.
    1. User Account Security. If you sign up for the Service, you will create a personalized account, which includes a unique username and a password to access the Service and to receive any communication from Counsel United. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Counsel United immediately of any unauthorized use of your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or any other computing device and/or account.
    2. Relationship With Consultant Users. Because we cannot guarantee the fitness of any of our Consultant Users for your specific needs, we encourage Legal Clients to research any Consultant User before accepting professional advice. Legal Clients are encouraged to request and obtain, and Consultant Users are encouraged to provide, a written legal engagement specifying the terms, scope, limitations, and conditions of the representation.
    3. No Reliance On User-Generated Content. User Generated Content posted on the Website, such as blog posts, is provided for informational purposes only, with no assurance that the User Generated Content is true, correct, or accurate. User Generated Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. You should not delay or forego seeking legal advice or disregard professional legal advice based on User generated Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation. User Generated Content is not regulated by any state or national bar association.
    4. Compliance With Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other Counsel United policies.
  4. Use And Conduct Restrictions. You are allowed to use the Service as long as you follow a few basic rules. The following Use and Conduct Restrictions are the basic rules we expect Users to follow while using the Service. We are not responsible for the content our Users post, and we have the right to close accounts in our sole discretion at any time and for any reason.
    1. Prohibited Content. You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that: (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives; or (viii) violates the privacy rights of any third party.
    2. Users Must Be Over Age 18. You represent that you are over the age of 18. Counsel United does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User's account immediately.
    3. No Liability For User Interactions; Counsel United May Monitor Interactions. Any liability, loss or damage that occurs as a result of any User interactions, including, without limitation, the seeking of Jobs, that you input or receive through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
    4. Right To Terminate Accounts. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
  5. User Generated Content. You own your own content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove Content if we need to.
    1. Responsibility For User Generated Content. You may create content, written or otherwise, while using the Service ("User Generated Content"). You are solely responsible for the content of, and any harm resulting from, any User Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Generated Content.
    2. Right to Post. You represent and warrant that you have the right to post all User Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User Generated Content, and have taken al steps necessary to pass through to end users any required terms.
    3. Counsel United May Modify Or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User Generated Content is appropriate and/or complies with these Terms of Use, or refuse or remove any User Generated Content that, in our reasonable opinion, violates any Counsel United policy or is in any way harmful, inappropriate, or objectionable. Counsel United further reserves the right to make formatting and edits and change the manner in which any User Generated Content is displayed on the Website.
    4. Ownership Of User Generated Content. Except for Content that originates from Counsel United, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User Generated Content you post. You may control access to your User Generated Content through settings in your User account.
    5. License Grant. Solely to allow Counsel United to use Content you upload to the Service reasonably without violating any rights you have in it, you grant us the following rights: by posting any Content via the Website, you expressly grant Counsel United and our successors a worldwide, sublicenseable, fully-paid and royalty free, and non-exclusive license to us, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Counsel United's business purposes. This license does not grant Counsel United the right to sell User Generated Content or otherwise distribute it outside of our Website. This license will terminate at the time when the Content is removed from the Website.
  6. Consultant Users And Sub-Consultant Users. Consultant Users are independent legal professionals who offer to perform consulting services for prospective Legal Clients. Sub-Consultant Users are independent professionals and/or law students who offer to perform consulting services for Consultant Users. Consultant Users and Sub-Consultant Users are neither employees nor agents of Counsel United.
    1. No Attorney-Client Relationship Through Website Use. Use of the Website may not form an attorney-client relationship with Consultant Users. Information posted or made available on or through the Website, including, without limitation, any responses to legal questions posted on the Website; documents on the Website; information posted publicly on the Website; or information sent in an unsolicited message to a User is not intended as legal advice, is not confidential, and does not create an attorney-client relationship. The foregoing is considered User Generated Content.
    2. Attorney-Client Relationship Through Service Use. An attorney-client relationship may be formed through the use of the Service between Users and Consultant Users only. Legal clients may post Jobs through the Service. Consultant Users may submit bids and negotiate details of these Jobs prior to acceptance.
    3. User Responsibilities. Consultant Users and Sub-Consultant Users are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Website, including without limitation User Generated Content, and any communications they may have with prospective clients through the Website or the Service, fully comply 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.
    4. Payment Of Consultant Users And Sub-Consultant Users. Certain specific terms govern Consultant Users and Sub-Consultant Users and payment.
      1. Counsel United Is Not A Party To Contracts. Legal Clients may contract with Consultant Users through posting and acceptance of Jobs. Similarly, Consultant Users and Sub-Consultant Users may contract with one another for the provision and receipt of consulting services. Any of the foregoing contracts are solely between the Legal Client and the Consultant User or the Consultant User and Sub-Consultant User. Counsel United will not be a party to any contracts for Jobs submitted thorough our Service, nor will Counsel United be a party to any contracts between a Consultant User and Sub-Consultant User. Counsel United facilitates these contracts by supplying a platform for communication management amongst Users and Legal Clients.
      2. All Fees Are Paid To Consultant Users. Counsel United neither provides nor charges for legal services. Counsel United may charge a fee for the Services of the Website.
  7. Third Party Content. There may be content from third parties on the Website, such as blog posts written by other users or links to other websites. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.
    1. Access To Third Party Content. By using the Service, you will be able to access Content belonging to or originating from third parties ("Third Party Content"). Your use of the Service is consent for Counsel United to present the Content, including Third Party Content, to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
    2. No Responsibility For Third Party Content. As part of the Service, Counsel United may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to Service subscribers. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Counsel United. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.
    3. No Authorization To Use Third Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by Counsel United's terms and conditions.
  8. Copyright Infringement And DMCA Policy. If you believe that material located on or linked to by Counsel United violates your copyright, please notify Counsel United in accordance with our Digital Millennium Copyright Act Policy.
    1. Termination of Repeat Infringer Accounts. Counsel United respects the intellectual property rights of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User's access to and use of the Website fi, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Counsel United or others. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
    2. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (the "DMCA") by sending a properly formatted take-down notice in writing to Counsel United's designated copyright agent at support@counselunited.com.
    3. Response To DMCA Take-Down Notices. If Counsel United takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Counsel United. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.
    4. Counter-Notices. If you believe that your User Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to Counsel United's copyright agent using the contact information set forth above.
  9. Intellectual Property Notice. Counsel United retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
    1. No Transfer. Counsel United retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Counsel United or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement. Specifically, Counsel United, counselunited.com, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Counsel United, LLC. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Counsel United, except as an integral part of any authorized copy of the Content.
  10. Electronic Mail Communications. We use email and electronic means to stay in touch with our Users.
    1. Electronic Communication Required. For contractual purposes, you (i) consent to receive communications from Counsel United in an electronic form via the email address you have submitted or via the Service; and (ii) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Counsel United provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect your non-waiveable rights.
    2. Legal Notice To Counsel United Must Be In Writing. Communications made through email or the Service's private messaging system will not constitute legal notice to Counsel United or any of our officers, employees, agents or representatives in any situation where notice to Counsel United is required by contract or any law or regulation.
  11. Termination. You may cancel this Agreement and close your account at any time. Termination of the Counsel United Service does not terminate attorney-client relationships or obligations.
    1. You May Terminate This Agreement. If you wish to terminate this Agreement and delete your User account data for use of the Service, please contact support@counselunited.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring any legal requirements, we will delete your User account and profile within 30 days.
    2. Counsel United May Terminate This Agreement. Counsel United may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
    3. Relationships Between Consultant User And Legal Client Or Sub-Consultant User Survive Termination. Termination of your relationship with Counsel United does not affect your relationship with any Legal Client or Sub-Consultant User you have retained through the Counsel United Service. All legal, contractual, and ethical duties, obligations and responsibilities of the Consultant User, Sub-Consultant User and Legal Client survive termination of the Counsel United relationship.
    4. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  12. Payment And Transactions.
    1. Responsibility For Payment; Disclaimer of Counsel United's Responsibilities. You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Counsel United the amount agreed on upon registering your User profile with Counsel United. You are responsible for providing us with a valid means of payment. Consultant Users are responsible to establish fee arrangements with their respective Legal Clients and/or Sub-Consultant Users; Counsel United shall not be involved with the establishment of fee arrangements between the Consultant User, Sub-Consultant User and/or Legal Client.
    2. Payment Authorization. By agreeing to these terms, you are giving Counsel United permission to charge your on-file credit card, PayPal account (if applicable), or any other approved methods of payment for fees that you authorize Counsel United to satisfy. Counsel United may charge you on a one-time or recurring basis.
    3. Processing Fee Authorization. An applicable processing fee may be applied to payments to Counsel United and, by agreeing to these terms, you are giving Counsel United permission to charge this fee.
  13. Disclaimer Of Warranties. We provide our Service as is, and we make no promises or guarantees about this Service. Please read this section carefully; you should understand what to expect.
    1. Service "AS IS;" Disclaimer Of Warranties. Counsel United provides the Website and the Service "AS IS," without any warranty of any kind. Without limiting the foregoing, Counsel United specifically disclaims all warranties, whether express, implied or statutory, regarding the Website or the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement.
    2. No Representation. Counsel United makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location; that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service.
  14. Limitations Of Liability. We will not be liable for damages or losses arising from your use of the Service or arising under this Agreement. Please read this section carefully; it limits our obligations to you.
    1. To the extent permitted by applicable law, in no event will Counsel United be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising that result from (i) the use, disclosure, or display of your User Generated Content; (ii) your use or inability to use the Service; (iii) the Service generally or the software or systems that make the Service available; or (iv) any other interactions with Counsel United or any other User of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Counsel United has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Counsel United will have no liability for any failure or delay due to matters beyond our reasonable control.
  15. Third Party Beneficiaries. Consultant Users and Sub-Consultant Users are intended third-party beneficiaries of this section of the Terms of Use. Any legal information provided on the Service is for informational purposes only. Counsel United and any creator of User Generated Content containing legal information disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose, to the fullest extent permitted by law. In no event will Counsel United or a Consultant User or Sub-Consultant User be liable for any damages (including, without limitation, incidental and consequential damages, personal injury or wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Service or the User Generated Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Counsel United or contributors of User Generated Content are advised of the possibility of such damages. Neither Counsel United nor contributors of User Generated Content are liable for any personal injury, including death, caused by your use or misuse of the Service or User Generated Content.
  16. Release And Indemnification. You agree to indemnify and hold harmless Counsel United from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement. If you have a dispute with one or more Users, you release Counsel United from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  17. Modification Of Terms Of Use. Counsel United may amend this Agreement from time to time, and in Counsel United's sole discretion. We will provide notification to Users of material changes to this Agreement (i) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of the email, and/or (ii) through our Website at least 30 days prior to the change taking effect by posting a notice on our home page. Non-material changes to this Agreement will take effect immediately. We encourage visitors to frequently check our Website for any changes to this Agreement. Your continued use of the Service after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
  18. Miscellaneous. This Agreement is controlled by the laws of the State of Washington. You, and you alone, are responsible for any obligations you agree to under these Terms of Use. If we are involved in a merger or we are bought, we may transfer this Agreement, as long as your rights are protected. You may only agree to these terms if you are able to form a binding contract in your state of residency. These terms, including our Privacy Policy, are the complete agreement between us, and no other terms apply.
    1. Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and Counsel United and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Washington, without regard to conflict of law provisions. You and Counsel United agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Spokane, Washington.
    2. Severability. If any part of this Agreement is held invalid or otherwise unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Counsel United to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
    3. Limitation Of Term Of Action. You agree that any cause of action related to or arising out of your relationship with Counsel United must commence within 1 year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
    4. Arbitration. For any claim (except for claims for injunctive or equitable relief or claims involving intellectual property rights) under this Agreement, either you or Counsel United may elect to resolve any dispute arising under this Agreement through binding non-appearance based arbitration. The party electing arbitration must initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    5. Non-Assignability. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Counsel United's prior written consent, and any unauthorized assignment and delegation by you is void.
    6. Section Headings And Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section headings and brief summaries are not legally binding.
    7. Complete Agreement. These Terms of Use, together with the Privacy Policy located at www.counselunited.com, represent the complete and exclusive statement of the agreement between you and Counsel United. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Counsel United relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized Counsel United executive, or by the posting by Counsel United of a revised version as set forth in Section 17.
    8. Authorization To Contract. You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and agree to be bound by these Terms of Use.