Updated July 15, 2015
General Terminology and Service Terms:
Lawyers and/or Service Providers are referenced through the Terms and Conditions and are registered users that have been approved by One Touch Law with a user name and password.
Users are end Consumers who are registered users of the One Touch Law mobile application and Platform and are seeking a connection to a Lawyer.
Consumers are end Consumers seeking a connection to a lawyer but may not be registered Users of One Touch Law’s match making marketing services.
- One Touch Law is not a law firm. We do not practice law and do not provide any legal services or legal advice.
- Lawyers are not employed by and/or agents of One Touch Law.
- One Touch Law is a match making marketing service to connect you with Users who are seeking a connection with a lawyer. We do not provide legal advice or legal service plans.
- One Touch Law is not a lawyer referral service and we do not recommend any specific lawyer. You acknowledge that One Touch Law does not endorse or recommend any individual lawyer through our Platform. While we keep our Users at the forefront of our minds when working hard to select lawyers to be a part of the One Touch Law Platform, we do not and cannot recommend one particular lawyer over another. Our Platform allows the User to filter and select lawyers based on their search criteria.
- Fee Arrangements. Any fee arrangements discussed outside the Platform with Users are between you and the User. We do not participate in any fee arrangements, retainers, billing and/or pricing. Any fees are billed and/or collected are directly between you and the User. We do not receive any portion of any fees paid to you.
- Lawyer Profiles. Lawyers create their own profiles, which may include information such as years in legal practice, qualifications, pricing, experience or other information you wish to provide as part of your profile. This may constitute lawyer advertising under various state disciplinary or ethical rules applicable to licensed attorneys. A Consumer decision to hire a lawyer should not be solely based on advertisements. It is up to the User to obtain additional independent references for Service Providers and/or do additional due diligence to verify qualifications. You represent that the information you provide under your Lawyer description is accurate and up to date. More particularly, if there is a change in your status as a licensed attorney in good standing with a bar association/licensing authority or if you become subject of any disciplinary action, you agree to immediately update your profile to reflect the new status.
- Consumer Disputes. Should a User hire a Service Provider outside of the One Touch Law platform, any concerns or issues you have with the User should be directed to that User. We do not provide any fee, collection and/or other dispute resolution services and/or assistance.
- In order to access our Platform and use our Services, you must sign up and be approved for an account on our Platform. You acknowledge that the information you have provided to create your account is accurate and complete. It’s your sole responsibility to keep your account password secure and for any activity on your account. You should never use another person’s account. If you experience any breach of security with your account you should notify us as firstname.lastname@example.org immediately. You have the ability to delete your account at any time or not use the services.
- One Touch Law charges based on each consultation with a User (Consultation) that is connected via telephone or video between you and the Consumer. When you become an approved Service Provider of One Touch Law and receive a confirmation email with your respective user name and password, you will have access to law specialty areas and the associated “cost per consultation” for each specialty by location. You will elect to purchase the respective quantity of leads by each individual specialty area in which you practice and wish to purchase at the published price per Consultation. Pricing is subject to change at any time and can be seen in your Lawyer Dashboard. Any Consultations that are pre-purchased are not subject to pricing changes once purchased, any new purchases are at the current market rate and are not guaranteed to stay the same as a previous purchase.
- Pre-Purchase of Consultations. All Consultation “leads” are purchased on a pre-purchase payment relationship. A Service Provider determines the number of leads he or she wishes to purchase. When our Platform connects you with a User that has requested a Consultation with you, you [are obligated to] accept the Consultation; the Consultation is deducted from your account balance. There is no minimum purchase required, and your Consultation credits are good for six (6) months. If Consultations are not used within six months, they will expire.
- Refund Policy. There are no refunds for unused Consultations. Should you feel that a Consultation was deducted from your account in error you can email email@example.com and provide the associated information for review. Should you violate the Terms and Conditions outlined herein, no refunds will be given if your account is terminated for misconduct.
- Payment Information. One Touch Law uses a third party for credit card payment processing. We do not store any of your credit card information in our system, or do we keep it on file. You represent that you are the authorized account holder of the credit card and have permission to make charges on such account. You may “refuel” your account at any time through our mobile application and/or on our website by logging into your account. Your account balance is your responsibility to check and is updated in real time. Your account balance can be found in your Dashboard by logging into your account at any time.
- Consult History. You will have access in real time to your Consult History and associated charges/deductions from your account by logging into your Dashboard at any time. The Consult information (name, specialty, consultation notes, date/time, and consultation type) will be outlined for every Consultation that is deducted from your account. If a User wishes to continue the conversation, he or she will elect to provide you the User’s phone number and email address, which will be shown in the Consult History. You have the ability to follow up directly with the User outside of the One Touch Law Platform. Should the User elect to “not share” their personal information with you, you will still have the respective information to document the Consultation deduction from your account (as stated above, without phone number and email address).
- Lawyer Search Display. Consumers that wish to use the One Touch Law Platform will search for lawyers based on several filtering criteria. As an approved Lawyer of One Touch Law, you are not guaranteed to show up in the Lawyer Results page. You will not show up in the Lawyer results page if you do not have any Consultation credits left in your account, you must have a balance equal to at least one paid Consultation to show up in the respective page for the User. In addition, you do not show up in the Lawyer results if you are not available for Consultations in your schedule. Should your account be terminated and/or suspended you will not show up to Users.
- Lawyer Availability/Schedule. It is your responsibility to set your availability schedule through the Lawyer Dashboard under “Schedule”. You have the opportunity to set your schedule with the associated available time slots each day and your availability by telephone and/or video consultation. We understand schedules can change from time to time but in order to keep the integrity of our Platform you need to manage your schedule to be available at the selected times you indicated you will be available. The number of opportunities you will have for consultations will be based on the amount of time you make yourself available. If you are in the “available state” and decline and or miss User requests, One Touch Law reserves the right to suspend or terminate you from the Platform if you have more than 2 such occurrences in one month. A refund for prepayment of Consultations will not be given should you violate these Terms and Conditions.
- Premium Service. One Touch Law offers a limited number of Premium Services (bold, highlighted Lawyer Profile that comes up at the top of the Lawyer Results page when Lawyer is available) by specialty and by market. The Premium Service is a monthly subscription fee, if available in your area, it will show the availability and pricing when you log into your account. The Premium Service is billed on a month-to-month basis and can be cancelled under “My Account” at any time. The Premium Service is limited and only available on a first come-first serve basis. Should you cancel the Premium Service, we cannot guarantee it will be available again. If the Premium Service is not available in your area, you can email us at firstname.lastname@example.org to put yourself on the waiting list. Please include your city/state and specialty area in which you want to be on the waiting list for Premium Service.
- Content and Conduct. You represent that all content provided by you is accurate, complete and updated. You agree that we may use and distribute your content to Users and in the Platform. You agree to refrain from using hostile, inflammatory or abusive language on our Platform and with our Users. Our Users reserve the right to end consultations should you abuse this policy.
- FREE Consultations. You agree to provide each User with a FREE 15 minute Consultation for an independent and unique subject matter per requested User. When a User requests to connect with you, you will receive a push notification in the mobile application (this should be enabled for best use of notification under “My Account” and a text message should you have this enabled in “My Account”). You will receive a “Consult Preview” that should be quickly read prior to accepting the Consultation Request. It is your responsibility to monitor the mobile application and be available in near real time to answer the requests. The Users are waiting in the mobile application for you and expecting you to “accept” their request in less than one to two minutes. A timer will show the time spent on the Consultation screen for both you and the User. It is up to the Lawyer to manage the ending of the Consultation and wrap up within the 15-minute timeframe. At your sole discretion, you may elect to continue past the 15-minute Consultation should you deem it appropriate and necessary. Lawyers cannot “cherry pick” Consults based on the “Consult Preview” description that is sent to you prior to accepting the request. If you “decline” requests that are deemed by us to be “cherry picking” and exceed the two permitted declines per month, you are subject to being suspended and/or terminated from the Platform.
- As part of our Services, you may occasionally receive email and other communications from us such as push notifications and/or text messages if you have signed up for them, related to your Account. In addition, we might send “how to use” or “training” information, related to how to use our mobile application or new features that relate to your account. If you do not wish to receive these types of notifications you can opt out through the mobile application and/or website under “My Account” or ” or email us at email@example.com. All promotional and/or training emails will have unsubscribe instructions at the bottom of each email for additional opt out capabilities. Should you sign up to receive text messages, standard carrier messaging may apply, frequency is based on services used and notifications for which you have signed up, you may reply STOP, END or CANCEL at anytime to stop the text messages, or you may reply HELP for help information.
- You shall defend, indemnify, and hold harmless the One Touch Law, its officers, members, managers, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the mobile application, Platform, website or Services, your violation of these Terms and Conditions, your infringement of the rights of any third person or entity, or your provision of legal services or legal advice to any Consumer. One Touch Law will notify you promptly of any such claimer demand and will provide you with reasonable assistance, at your expense, in defending any such claim or demand.
- Governing Law. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Ohio, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Summit County, Ohio, in all disputes arising out of or related to the use of the mobile application, Platform, website or Services. You also expressly and irrevocably waive, to the fullest extent permitted by applicable law, any objection that you may have to the laying of venue of any such dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute.
- Disclaimer of Warranties. ONE TOUCH LAW’S MOBILE APPLICATION, PLATFORM, WEBSITE, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THEY ARE FREE OF DEFECTS, ERRORS, OR VIRUSES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.
- Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE MOBILE APPLICATION, PLATFORM, WEBSITE OR SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR FOR SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) the greater of (A) fees paid to us for the particular Services during the previous three month period or (B) $1000.00.
Questions and Contact Information. Should you have a questions regarding use of the mobile application, Platform, website or the Services, you can email us at firstname.lastname@example.org.
Acknowledgement. By using the Services or accessing our website and/or mobile application you acknowledge that you have read these Terms and Conditions and agree to be bound by them.