Terms of Use
These Terms of Use (hereinafter, “the Terms of Use”) govern the access and use of the website accessible through the domain name https://usa.elabogado.com/ and its subdomains (hereinafter, “the Website”), as well as the contracting and/or use of the services offered through the same (hereinafter, “the Services” or “the Service”). Simple access to the Website confers the status of User of the same. In the event of not agreeing to these Terms of Use, the User must immediately leave the Website without using it.
By accepting these Terms of Use the User declares:
- That he/she has read, understands and accepts the above.
- That, in the event that he/she intends to contract any Service, he/she has sufficient capacity to do so.
- That, in the event of acting on behalf of a legal entity, he/she has sufficient power of representation in force to do so.
- That he/she is of legal age
1. Definitions
For the purposes of these Terms of Use, the following terms have the meanings set out below:
- Lawyer User: Refers to the lawyer who registers on the Website and contracts and/or uses any of the Services specifically aimed at these professionals.
- Client User: Refers to the person who needs to contact a specialised lawyer to handle their case and, therefore, uses the Services.
- User: Refers indistinctly to Lawyer User and Client User.
2. General Website information
General information about the Website is given below:
The Services offered by elAbogado to the User Lawyer may only be contracted and/or used for a purpose related to his commercial activity, business, trade or profession
All Services offered by elAbogado to the User Client are free of charge for the User Client. Furthermore, elAbogado shall only process the personal data provided by the User in order to be able to provide the Services and/or to comply with the legal requirements to which elAbogado is subject.
3. Access to the Website
Simple access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
4. Rules of conduct in the use of the Website and the Services
Without prejudice to the specific rules of use which, where applicable, may be applicable to a particular Service, the User undertakes to:
- Use the Website and all its content, as well as the Services, in accordance with the provisions of the law, morality, public order and these Terms of Use, refraining from damaging, disabling, overloading and/or deteriorating the Website and the Services or preventing the normal use or enjoyment of these by other Users.
- To make appropriate use of the Website and/or the Services and not to use them for illicit or criminal activities; which infringe the rights of third parties and/or which infringe the regulations on intellectual and industrial property or any other rules of the applicable legal system.
- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violates human rights.
- Not to introduce or disseminate through the Website and/or the Services data programmes (viruses and harmful software) that may cause damage to the computer systems of elAbogado, its suppliers or other Users.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the constitution and in international treaties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
- Not to transmit unsolicited or unauthorised advertising.
- Not to introduce or disseminate any false, ambiguous or inaccurate information and/or content in such a way as to mislead its recipients.
- Not to impersonate other Users on the Website and/or the Services.
5. Content and services linked through the Website
The Website may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter “Linked Sites”). In these cases, elAbogado shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify elAbogado.
In no case shall the existence of Linked Sites presuppose the formalisation of agreements between elAbogado and those responsible for or owners of the same, nor the recommendation or promotion of the Linked Sites and/or their contents by elAbogado. Unless expressly stated otherwise on the Website, elAbogado is not aware of the contents and services of the Linked Sites and, therefore, shall not be liable for any damages that these may cause to the User or any third party.
6. Intellectual and industrial property
All the contents of the Website and the Services, which are understood to include, but not limited to, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of elAbogado or of third party licensors, and none of the exploitation rights recognised by current legislation on intellectual property on the same may be understood to have been ceded to the User.
The User represents that he/she is the sole author, or lawful licensee, of all photographs, images, videos, text and/or comments (hereinafter, “User Content”) that he/she publishes or submits for publication on the Website or the Services, guaranteeing that the use of the same on the Website or the Services does not infringe the rights of any third party. The User grants elAbogado a free, non-exclusive, worldwide license to use such User Content to the extent and for as long as necessary to provide the Services requested by the User.
The trademarks, trade names and other distinctive signs published on the Website or the Services are owned by elAbogado or by third party licensors and / or licensors, without any rights over them being transferred to the User.
Some of the logos included on the Website, such as the Glyphicons PRO library, are licensed by Glyphicons.com.
7. Functioning of the Services
8.1 Functioning
Information available on the following page on How works.
The Website offers Users a platform consisting of a directory of lawyers that connects Client Users needing legal advice with Lawyer Users who provide such legal services. The functioning of the platform is as follows:
For Client Users, using the directory and the ability to select and contact the lawyers listed in it is completely free.
Likewise, for Lawyer Users, signing up and creating a profile in the directory is also free, so by simply being listed in the directory, they can receive contact requests from Client Users.
However, once the Lawyer User has created their profile, they have the option to activate what is called "Pay per Contact" from their account, which simply involves purchasing a featured advertising space in the directory listings, thus significantly increasing their chances of receiving contacts from Client Users. In this case, the Lawyer User, for having more visibility and benefiting from the featured advertising space in the listings, will pay for each Client User contact they receive, at the price set by the Lawyer User for each practice area they choose. At elAbogado, we handle all interactions with individuals who want to contact Lawyer Users who have activated the Pay per Contact option, solely to verify their information, saving Lawyer Users time from contacts that do not meet their criteria regarding practice areas and geographic scope.
The Pay per Contact option is configured by each Lawyer User through their personal panel. It is a pay-per-advertising model, with a fixed fee for each contact received and with the weekly budget limit set by the Lawyer User.
The prices of the services offered on the Website do not include, unless expressly indicated otherwise, any applicable taxes, and in all cases are expressed in Dollars ($).
The accepted payment methods for Lawyer Users are credit card and/or PayPal.
More descriptive information about how elAbogado works for Client Users on the following page How it works
8.2 Password
The Lawyer User is responsible at all times for the safekeeping of his or her personal panel password, and consequently assumes any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the Services and contents of the Web Site carried out under your password shall be deemed to have been carried out by the Lawyer User.
8.3 Correction and identification of data entry errors
When the Lawyer User wishes to register on the platform and forgets to correctly fill in any of the information indicated as obligatory on the corresponding form, he/she will not be able to progress in the contracting or validation process until this information has been filled in. A message on the screen will warn you of this circumstance.
The Lawyer User may modify and/or update the data provided during the registration process at any time, before its completion, by going back to the desired step, as well as in the personal panel.
8. Professional conduct of lawyers
Professional conduct of lawyers Lawyer users who participate in this Website and/or Services agree to comply with the Rules or Codes of Professional Conduct in force in the jurisdictions where they practice. elAbogado is not responsible for any violations of these Rules or Codes by lawyer users.
9. Suggestions, complaints and requests for information
The User may address their suggestions, complaints and/or requests for information to elAbogado, using any of the methods indicated HERE.
10. Invalidity and ineffectiveness of clauses
If any provision of these Terms of Use is declared wholly or partially invalid or unenforceable, such invalidity or unenforceability shall only affect such provision or the part thereof that is invalid or unenforceable, and these Terms of Use shall otherwise survive and such provision shall be deemed not to be included in whole or in part.
11. Applicable law and competent jurisdiction
These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Delaware (US).
The User and the Lawyer agree to submit any dispute arising from the use of the Website, or the engagement and/or use of the Services, to the state and federal courts located in Delaware, expressly waiving any other jurisdiction that may apply to them.