Terms of use

Date of Last Revision: December 7, 2016

Welcome to Delaware.law!

These terms and conditions of use (“Terms”) govern your use of Delaware.law’s website, mobile applications, products, and services (collectively, the “Services”), so please read them carefully.

By accessing this website or using the Services, you are agreeing to these Terms, including Delaware.law’s Privacy Policy. If you have any questions, please contact us.

  1. Using our services

You may use our Services only if you can form a binding contract with Delaware.law. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 13. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and does not create an attorney-client relationship with any Delaware attorney. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Do not use our Services on any mobile device while driving, operating machinery, walking, or in a way that distracts you and prevents you from obeying any laws, rules or regulations.

  1. The Delaware.law Selection

A Delaware.law selection of an attorney for inclusion on the site does not reflect Delaware.law’s assessment of that lawyer, other than based upon geographic location and practice area claimed by that attorney and/or his or her law firm. Someone else’s assessment of the lawyer may be negative, or be based upon different information. A Delaware.law selection is not an endorsement of any particular lawyer, and is not a guarantee of a lawyer’s quality, competency, or character. Nor is the Delaware.law selection a predictor of the outcome of any matter in which such lawyer is involved. Rather, the Delaware.law selection is intended to be a starting point to gather information about lawyers who may be suitable for your legal needs – but you should not rely solely on the Delaware.law Rating in deciding whether to contact or hire any given lawyer.

  1. Information on the services

Our Services display both Delaware.law-created content and content that is not created or developed by Delaware.law (the “Legal Information”). We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. This includes the Legal Information that lawyers post on Delaware.law, and we cannot guarantee the accuracy, adequacy or quality of any such Legal Information, or the qualifications of those posting it.

  1. No formation of an attorney-client relationship

The Legal Information found on Delaware.law is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. The Legal Information is not the provision of legal services, and accessing such information, or corresponding with or asking questions to a lawyer via the Services, or otherwise using the Services, does not create an attorney-client relationship between you and Delaware.law, or you and any lawyer. It is not a substitute for an in-person or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue, and you should not rely on such Legal Information. You understand that questions and answers or other postings to the Services are not confidential and are not subject to attorney-client privilege.

  1. Legal services for consumers

Delaware.law is a platform where lawyers unaffiliated with Delaware.law can offer information and be found by consumers.  Delaware.law is nothing more than the intermediary in such transactions. You are liable for paying the lawyer for the services provided. Delaware.law has no liability, either primarily or secondarily, for paying the lawyer on your behalf. The fees you pay for such services are charged by the lawyer and no part thereof are provided to Delaware.law. Any attorney-client relationship formed as a result of discussions between you and a lawyer you located using Delaware.law are between you and the lawyer—not between you and Delaware.law. Furthermore, you understand that Delaware.law cannot be held responsible for the quality or accuracy of any information or legal services provided by lawyers you connect with via Delaware.law.

  1. Premium services for lawyers

Delaware.law offers optional Premium Services for lawyers. By selecting a Premium Service you agree to pay Delaware.law the subscription or usage fees indicated for that service. Payments for subscription services will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that periodic payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the periodic recurring charge will be the then-current subscription fee applicable to the Premium Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Premium Services contracted-for on an annual basis must be cancelled prior to your annual renewal in order to avoid billing of the next year’s Premium Service fee. Furthermore, Delaware.law must receive written notice of your cancellation or reduction in service at least thirty (30) days in advance of the renewal date on which you wish to make the cancellation or reduction effective. All cancellations or reductions of advertising services must be received in writing by mail, email or fax as stated in your subscription agreement.  Premium Service fees are not prorated or refundable.

If your payment method fails or your account is past due, Delaware.law reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to Delaware.law within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

  1. Legal advertising and communications

It is solely the responsibility of lawyers and law firms to ensure that any information or advertisements they post or place on the Delaware.law website (including without limitation any Legal Information), and any communications they may have with prospective clients through the Services, fully complies 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.

  1. Copyright

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Delaware.law’s Designated Copyright Agent:

Delaware.law Copyright Agent
c/o Benjamin Schwartz
1140 South State Street, Dover, DE 19901
Telephone: (302) 678-8700
email: lawyerschwartz@gmail.com

  1. Software

Some of our Services allow you to download client software (“Software”) which may update automatically; you agree that these Terms will apply to such upgrades. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

  1. Disclaimers and acknowledgements regarding use of legal information

While Delaware.law strives to provide—and to allow lawyers to provide—useful information regarding lawyers and legal services, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. DELAWARE.LAW DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, DELAWARE.LAW AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS.” DELAWARE.LAW ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  1. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DELAWARE.LAW OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DELAWARE.LAW, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.

  1. User posted content & other interactive services or areas

Delaware.law includes or may include interactive areas in which you may post content and information, including peer endorsements and user reviews, questions and answers, comments, photos, and other materials (the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post to Delaware.law. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the Delaware.law Community Guidelines. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

When you post User Content to Delaware.law, you give Delaware.law and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the Delaware.law platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

  1. Indemnification

You agree to defend, indemnify and hold harmless Delaware.law, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.

  1. Modifications

Delaware.law may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.

  1. Applicable law and venue

The laws of the State of Delaware will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state or federal courts located in State of Delaware, U.S.A., and you and Delaware.law consent to personal jurisdiction and exclusive venue in such courts.

  1. Termination

Notwithstanding any of these Terms, Delaware.law reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Delaware.law reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.

  1. Entire agreement

These Terms constitute the entire agreement between you and Delaware.law with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.

  1. Waiver, severability, and assignment

Delaware.law’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Delaware.law may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

  1. Questions and contact information

If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should be submitted via our Contact Us page.

Privacy policy 

Last Revised: December 7, 2016

Thanks for using Delaware.law. This privacy policy (“Policy”) applies to your use of Delaware.law’s website, products, apps, and services (together, the “Services”). The Policy is intended to inform you about how we collect and use information so you can make an informed decision about using the Services. Please read it carefully before using the Services or submitting any information to us. If you do not agree to any part of this Policy, then you should stop accessing the Services.

What information do we collect?

  1. Usage/log information

We collect usage information when you use the Services. This includes information such as your computer’s Internet Protocol (IP) address, operating system and browser type, the address of a referring website or a website to which you exit, the date and time you access or use the Services, items you click on, pages you view and the amount of time you spend on particular pages.

  1. Cookies and online advertising

We also collect certain information (automatically) through the use of “cookies” and similar tracking technologies. Cookies are small data files that are stored on a user’s computer or device at the request of a website to enable the website to recognize previous visitors and retain information such as user preferences and history. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or “help screen” to learn about these functions. However, if your browser is set to not accept cookies or if you reject a cookie, you will not be able to sign in to your Delaware.law account or use certain parts of the Services.

We may also use third parties to display and target ads, provide certain functionality (such as maps), or to place their own cookies and other tracking technologies to collect, track and analyze usage and statistical information from users. We are not responsible for the information collection practices of any third parties.

  1. Personal information

We collect and store Personal Information that you provide to us when accessing or using the Services. “Personal Information” means information relating to a person who is or can be identified directly from that information. This includes your name, address, telephone number, email address, credit card or other account number. Personal Information does not include: (1) aggregated or anonymized information; (2) any publicly available information about lawyers; (3) information about you that is provided by third parties; or (4) information that is posted to publicly accessible areas of the Services. Examples of Personal Information we collect include information that you provide when you (a) create or update your Delaware.law account, (b) communicate with us, (c) purchase services from us, (d) contact or recommend a lawyer, (e) submit client ratings or peer endorsements. If you are a lawyer and claim or update your profile (“Profile“), or post information using your Profile, we may also collect verification information.

  1. Publicly posted Information

Personal Information that you post to public areas of the Services or via your Profile may become publicly available and is no longer considered Personal Information. For example, information you post in your Profile or in client ratings, peer endorsements, Q&A, or any other interactive areas may be made publicly available and can potentially be viewed by anyone. Your posting to such public areas of the Services constitutes consent to share such information publicly, and you should assume that such information will be widely disseminated, including via search engines and other tools to locate information online (e.g., internet archive).

How we use the information we collect

  1. Non-personal information

We use information other than Personal Information, including aggregated or anonymized information, for ad targeting, to analyze trends, administer the Services, improve customer service, diagnose problems with our servers, track user movement, and gather demographic information for aggregate use. Third party ad platforms may use this information for a similar purpose, but you should follow up with third parties and confirm their information collection and usage practices directly. We may freely publish, disclose and use information other than Personal Information, including aggregated or anonymized Personal Information, to or with third parties.

  1. Personal information

We use Personal Information to facilitate your use of the Services, to process your requests or transactions, to provide you with information, products and services you request, to administer and assist us with the operation of our business, and for the purpose for which the information was provided. We may use the information we collect to send you news relevant to you or in accordance with your preferences. We may also send you advertisements from third parties. We do not disclose, rent, sell or otherwise make available your Personal Information to third parties for direct marketing purposes.

  1. Third party service providers

In the event that we engage with third party service providers in connection with our Services, we may share Personal Information with such service providers who need access to such information to carry out their work for us. For example, we may use credit card processing or verification companies to verify credit card information or to verify your identity. Other than such service providers, we do not share Personal Information with third parties unless (1) you have indicated to us that you wish to receive information from such parties; (2) you otherwise give us your consent to do so; or (3) in response to a request for information or a subpoena.

  1. Text messaging

We do not ordinarily send text messages for marketing purposes, but to the extent you provide us with your mobile telephone number, you consent to the transmission of text messages to such number, and waive any rights you may have under the Telephone Consumer Protection Act. You may, however, contact us and opt out of receiving such texts.

Managing your preferences

  1. Managing online advertising preferences

We respect all browser instructions for setting or rejecting cookies on generally available browsers. This is one way to manage your preferences regarding the collection of information by Delaware.law. Additionally, and because data acquired across the internet is often associated with information about you acquired in other places online, you can manage online advertising preferences via these links:

Google Ad Preferences Manager
Facebook Ad Preferences Manager
Network Advertising Initiative
Digital Advertising Alliance

While Delaware.law will follow any such preferences, we make no representations regarding whether third parties, including third party ad platforms, will do so.

  1. Managing your newsletter/communications preferences

You may select whether or not you wish to continue to receive newsletters or other communications by changing your account settings on the email and notifications page of the My Account section of the Services. In addition, you may “opt out” of receiving any category of subscription, marketing or promotional email from Delaware.law by following the unsubscribe instructions or using the unsubscribe links within the emails we send. Please note, however, that as long as you maintain an account, you may not “opt out” of receiving service or account-related emails from Delaware.law.

Requests for information; disclosure for enforcement purposes

We may disclose Personal Information when we are required to or we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this Policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our users’ rights, property or safety; to protect our users from fraudulent, abusive, or unlawful use of the Services; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires or justifies disclosure of Personal Information.

Updating your listing information and public posts

You can correct certain information by logging into your account and changing the information, and you may also delete certain information by closing your account. In addition, lawyers may change certain information contained in their Profile by claiming their Profile and editing the information contained therein, or by sending us an email.

Please note that in certain circumstances, we may not, or may not be able to, remove or change certain information, even in the event an account is closed. For example, we may retain and continue to display any information you provided in connection with a question, answer, endorsement or client review. In addition, lawyers cannot remove their Profiles, ratings, endorsements or reviews by closing their accounts.

Security measures

Delaware.law endeavors to secure your Personal Information from unauthorized access, use or disclosure by putting into place reasonable physical, electronic and managerial procedures to safeguard the information we collect. For example, when we collect credit card information, we use a secure server with Secure Socket Layer (SSL) encryption software and store such credit card information using encryption methods designed to prevent unauthorized access. Additionally, your account information is accessible online only through the use of a password.

No security measures are perfect or impenetrable. To protect the confidentiality of your Personal Information, you must keep your password confidential and not disclose it to any other person. You are responsible for all use of the Services by any person using your password. Please advise us immediately by emailing us if you believe your password has been misused. You should also note that email is not secure, and you should not send any confidential or sensitive information to us via an unsecured email.

Third party websites and practices

The Services may contain links to other websites or make available third party services, including ad platforms and technologies. We are not responsible for the privacy practices of such third parties. We encourage you to be aware and to read the privacy policies of any website or service that collects your information. Similarly, if you accessed the Services through another website, we are not responsible for the privacy practices of that website, and you should review the privacy policy of the originating website before providing any information to that website. This Policy applies solely to information collected by us.

Transfers of information

Information about our customers, including Personal Information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information could be transferred to third parties as one of Delaware.law’s business assets. In such an event, we will attempt to notify you before your Personal Information is transferred, but you may not have the right to opt out of any such transfer.

Children

Our Services are not intended for use by children under the age of 13, and such use is prohibited by our Terms of use. We do not knowingly collect Personal Information from children under 13. If you become aware that a child has provided us with Personal Information, please contact us as set forth in this Policy.

Changes to the policy

We may change the provisions of this Policy at any time, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to this Policy materially affects your rights, we will notify you (by, for example, sending a message to your account email or posting on the Delaware.law Blog).

If you have any questions or comments about this Policy or the practices relating to our Services, or you wish to verify, correct or delete any Personal Information we have collected, please contact us via our Contact Us page.

Community guidelines

As an online community of intelligent and experienced members, we host a variety of diverse opinions. We welcome this diversity, and ask that all of our participants adhere to these simple guidelines:

Play nice 

  • Inappropriate content:  While Delaware.law maintains a relatively open forum, this is a professional site devoted to professional services.  So please, while a certain amount of passion, colorful language and even hyperbole is permissible, do not engage in name-calling, threats, harassment, lewdness, or displays of bigotry.
  • Questions: Please ask questions directly related to your legal concern. The best questions are brief and to the point. Do not post spam or irrelevant content.   
  • Answers: Answering questions is a great way to help people get oriented toward solving their legal problems, and to display your legal acumen. But remember: quality is better than quantity, and those asking questions aren’t looking for a sales pitch.
      • Do not simply post the statement “I Agree” in the answers and comments without any other information.  We have an “I Agree” button that can be used.
      • Avoid writing “Hire an Attorney” as your sole answer to a question. We understand that this may be the right answer for that particular question, but readers benefit from elaboration: explain WHY hiring an attorney is important in this case.
      • Similarly, do not invite those asking questions to contact you directly, and do not add contact information or links to your website in answers or answer disclaimers. The content of your answers should always remain non-commercial in tone.
  • Reviews:  Reviews may be but are not required to be moderated by Delaware.law prior to being posted or thereafter.  Reviews are most useful to others when they include specific details of your experience.
        • We are looking for your personal experience with the lawyer or law office you hired or had a consultation with.  Reviews relating what you’ve heard from someone else are not helpful.  Again, the most valuable information for other consumers is the specifics of what delighted or frustrated you about your experience. 
        • Be factually accurate. While you are free to express your opinion, it is important to not exaggerate or misrepresent your experience. Delaware.law doesn’t verify or investigate reviews, and we don’t take sides when it comes to factual disputes – so we expect you to stand behind your review.
        • Reviews that include accusations of criminal activity or unethical behavior must include some specific factual details.  And the more serious the accusation, the more specific you need to be about what was done wrong.
        • We will not post reviews that appear to have been left for attorneys with whom you did not consult.  Although it may be tempting to leave a review for the attorney who was on the “other side” of a matter from you, remember: all attorneys have a duty of zealous advocacy to their clients, and you would want that if they were representing you.  Please only review YOUR attorney.
        • Some situations involve a person paying an attorney’s fee without being in a typical attorney-client relationship. Reviews are permitted in such cases where the payor and the client have aligned interests – for example, a parent paying for the representation of a minor child. However, reviews are not permitted where payor and client interests are not aligned, or the attorney is performing the role of a neutral. This most commonly comes up in mediation, arbitration and guardianship matters.

To the public: Safety first

When posting questions, reviews or comments, NEVER give out personal information such as home or email addresses, telephone numbers, credit card numbers, social security numbers, passwords, etc. You may contact professionals directly from their profiles and then exchange personal contact information.

To professionals: Self promotion

We encourage you to share information about your business or practice with the Delaware.law community; however, we ask that you do this in your profile or through our Advertising Solutions. Please do not directly solicit clients as part of an answer, disclaimer, guide, or peer endorsement. Examples of direct solicitations are language such as “call me, contact me, go to my website for further information, etc.” Similarly, do not add contact information or links to your website in answers or answer disclaimers. Such information will be removed. A link to your profile is displayed next to each of your postings, so contact information is already available to readers who wish to contact you.

Originality counts

Think before you post in our community forum and stay on topic. Answers that don’t specifically address their questions will be removed, so think twice about copying and pasting the same answer to multiple questions. Additionally, guides with a substantial amount of content that you did not author will be taken down.

Terms

We appreciate your compliance with these guidelines. While we are devoted to free speech, we reserve the right to remove any content that does not respect these guidelines or that detracts significantly from our users’ experience. Failure to comply with any of these guidelines may also result in the temporary or permanent loss of posting privileges.

If you have any questions, or to report any infractions, please contact us.