CareMyCase Terms of Use
Effective Date: January 1, 2025
1. Agreement Overview
These Terms of Use ("Terms") govern your use of CareMyCase, Inc.'s website and professional networking services (collectively, the "Platform"). By creating an account or using the Platform, you accept these Terms. If you disagree, discontinue use immediately.
Notice: Section 10 (Dispute Resolution) includes a binding arbitration clause and class action waiver.
2. Eligibility and Scope
Licensed Attorneys Only: Only active U.S.-licensed attorneys may register. You affirm that your bar membership is valid and authorize us to verify your license.
Age and Residency: You must be 18 or older and located in the U.S.
Professional Use: The Platform is exclusively for attorney-to-attorney referrals and professional networking—not for consumers, clients, or the public.
Competitors: Competitor platforms or those using the Platform to develop similar services are prohibited from registration.
3. Accounts, Subscriptions, and Payments
Account Accuracy: Provide true and complete registration data. Update your profile if your information changes.
Security: Keep login credentials private; you are responsible for all activity under your account.
Subscriptions: Use of the Platform requires a paid monthly subscription. Fees auto-renew until canceled.
Billing: Payments are handled through third-party processors; we do not store full credit card numbers.
Cancellation: You may cancel anytime; access continues through the paid period. We offer a risk-free trial with money-back guarantee if you don't receive enough quality cases, provided you post at least one case per month on the platform.
Termination: We may suspend or terminate accounts for non-payment, misconduct, or ethical breaches.
4. Acceptable Use
You agree not to:
Violate any law, regulation, or rule of professional conduct.
Post misleading, defamatory, obscene, or infringing content.
Include any confidential or client-identifying information in posts or messages.
Harass, spam, or discriminate against other users.
Use bots, scrapers, or automated tools to collect data.
Interfere with or attempt to hack the Platform.
We may remove content or suspend users who violate these rules.
5. User Content and Intellectual Property
Ownership: You retain rights to the content you post but grant CareMyCase a limited license to display and store it for platform operation.
Confidentiality: Do not share client information or third-party data without authorization.
Platform Content: All non-user materials—logos, layout, software—belong to CareMyCase.
Feedback: Suggestions you provide may be used freely to improve our services.
Copyright Claims: Report alleged infringements to [email protected] with the required DMCA details.
6. Professional and Ethical Compliance
You agree to:
Follow all professional rules. Ensure your referrals, advertising, and communications comply with your jurisdiction's ethics code.
Obtain client consent before referrals or fee divisions.
Avoid improper payments. CareMyCase does not receive referral fees or a percentage of legal fees.
Use the Addendum template responsibly. Templates provided are optional and informational only.
Maintain confidentiality of all client and colleague information.
Exercise independent judgment. We do not recommend, rank, or assign attorneys, nor use AI matching.
Acknowledge neutrality. CareMyCase is not a law firm and forms no attorney-client relationships.
You indemnify CareMyCase for any consequences arising from your non-compliance with professional conduct rules.
7. Disclaimers
The Platform is provided "as is" and "as available." We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any number of referrals, matches, or business results. You use the Platform at your own risk.
8. Limitation of Liability
To the fullest extent permitted by law:
CareMyCase is not liable for indirect, incidental, or consequential damages.
Our total liability for any claim will not exceed the greater of USD $500 or the fees you paid in the past six (6) months.
If you are dissatisfied with the Platform, your exclusive remedy is to stop using it.
9. Indemnification
You agree to defend and hold harmless CareMyCase and its affiliates against all claims or damages arising from:
Your breach of these Terms;
Your use of the Platform;
Your referrals, postings, or fee arrangements; or
Any violation of law or ethical duty.
10. Dispute Resolution and Arbitration
Binding Arbitration: Any dispute shall be resolved by final, binding arbitration under the rules of the American Arbitration Association (AAA).
Venue: Arbitration shall occur in New York, New York, unless both parties agree otherwise.
Class Waiver: Claims must be brought individually, not as a class or representative action.
Opt-Out: You may opt out within 30 days of accepting these Terms by emailing [email protected] with "Arbitration Opt-Out" in the subject line.
Governing Law: The Federal Arbitration Act and the laws of the State of New York apply.
If arbitration is deemed unenforceable, you consent to exclusive jurisdiction in New York state or federal courts.
11. Miscellaneous
Entire Agreement: These Terms and our Privacy Notice constitute the full agreement.
Amendments: We may revise these Terms; continued use implies consent.
Severability: Invalid provisions will be removed without affecting the remainder.
No Partnership: Using the Platform does not create a partnership or agency relationship.
Assignment: You may not transfer your rights without our consent.
Force Majeure: We are not liable for delays beyond our reasonable control.
Notices: Official notices must be sent to [email protected].
Contact
CareMyCase, Inc.
Thank you for being part of CareMyCase. Your professionalism and adherence to ethical standards help us sustain a trusted network for attorney-to-attorney collaboration across the United States.
CareMyCase Terms of Use
Last Updated: January 1, 2025 (Draft – for review)
Welcome to CareMyCase. These Terms of Use ("Terms" or "Agreement") are a legally binding agreement between you and CareMyCase, Inc. ("CareMyCase," "Company," "we," or "us"). These Terms govern your access to and use of the CareMyCase website, platform, and any related services, tools, or content provided by CareMyCase (collectively, the "Services" or the "Platform"). By registering for or using CareMyCase, you agree to these Terms on behalf of yourself and/or the organization you represent. If you do not agree, you must not use the Services and should immediately exit the platform.
IMPORTANT: Please note that Section Dispute Resolution and Arbitration of these Terms contains a binding arbitration clause and class action waiver. It affects your legal rights by requiring arbitration of disputes (with limited exceptions) on an individual basis. Please read that section carefully.
1. Eligibility and Purpose of the Platform
1.1. Licensed U.S. Attorneys Only: CareMyCase is an exclusive attorney-to-attorney referral network. You must be a licensed attorney in good standing in at least one U.S. state or territory to register and use this Platform. By creating an account or otherwise using the Services, you represent and warrant that you are currently an active member of a state bar (or D.C. bar) and authorized to practice law in that jurisdiction. We may require you to provide your bar admission details (state and bar number) and other credentials during sign-up, and we reserve the right to verify your licensing status. Non-attorneys, suspended or disbarred attorneys, and members of the general public are not eligible to use CareMyCase. Use of the Platform for any purpose involving non-lawyers (including referring cases to or from non-lawyers) is strictly prohibited.
1.2. Age and Residency: You must also be at least 18 years old and a resident of the United States to use the Services. By agreeing to these Terms, you affirm that you are 18 or older and U.S.-based. The Services are intended for U.S. use; we do not seek to offer services to individuals in other countries at this time.
1.3. No Competitors: You may not use or access CareMyCase if you are a competitor of CareMyCase or are using the Platform for purposes that compete with our business (such as creating a rival referral network). We reserve the right to refuse or terminate accounts that violate this requirement.
1.4. Professional Purpose: The Platform is provided exclusively to facilitate networking and case referrals between licensed attorneys. By using CareMyCase, you agree that you will use the Services solely for legitimate professional purposes consistent with the practice of law and not for any personal, household, or consumer purposes. This ensures that all users are subject to professional ethical obligations and that the Platform remains focused on attorney-to-attorney interactions.
2. Account Registration and Security
2.1. Account Creation: To access certain features of the Platform (such as posting or accepting case referrals), you must create a user account. During registration, you agree to provide truthful, accurate, and complete information about yourself, including your name, current contact information, and your attorney licensing credentials. You also agree to update your account information as needed to keep it accurate (for example, if you change firms, contact details, or if your license status changes). If you connect to our Services through a third-party service or single sign-on, you authorize us to access and use any information from that service as permitted by them and as needed to facilitate your login. All personal information provided during registration will be handled in accordance with our Privacy Notice.
2.2. License Verification: By registering, you give CareMyCase permission to verify your eligibility, including confirming your bar admission and good standing with the relevant state authorities. We may perform periodic checks of publicly available attorney registries or request additional proof of licensure from you. If we cannot verify your status, we may suspend or terminate your account.
2.3. Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password). You must not share your password with anyone or allow others to use your account. You agree to log out from your account at the end of each session and to use particular caution when accessing your account from public or shared computers, so that others cannot view or record your password or personal information. If you believe that your account has been compromised or accessed without authorization, you must notify us immediately at [email protected]. You are responsible for all activities that occur under your account (except those resulting from CareMyCase's own security breach). We will not be liable for any loss or damage arising from your failure to comply with these security obligations, and you may be held liable for losses incurred by us or others due to unauthorized use of your account.
2.4. Account Use and Restrictions: Your account is personal to you. You may not transfer or assign your account to any other person without our prior written consent. You agree not to provide any other person (including colleagues or assistants) with access to the Services via your credentials. Firms or organizations should ensure each participating attorney has their own account. We may offer different types of accounts (for example, accounts with administrative features for firm managers), and such accounts remain subject to these Terms.
2.5. Subscription and Fees: Access to the core CareMyCase Platform requires a paid subscription for each attorney user. By creating an account and subscribing, you agree to pay the monthly subscription fees (and any applicable taxes) in accordance with the plan you select. Subscription fees are charged in advance (e.g. monthly on the calendar date corresponding to your signup date) and will auto-renew until you cancel. You authorize us (or our payment processor) to charge your provided payment method for the recurring subscription amount. If your payment method fails or your account is past due, we may suspend or terminate your access to the Services until payment is received. We reserve the right to change subscription fees, but we will provide advance notice of any rate changes and such changes will apply only after your current billing cycle unless you agree otherwise.
2.6. Cancellation and Refunds: You may cancel your subscription at any time via your account settings or by contacting support. If you cancel, your subscription will remain active through the end of the period you've already paid for, and it will not renew thereafter. We offer a risk-free trial with money-back guarantee: if you don't receive enough quality cases during your subscription period, you may request a full refund provided you have posted at least one case per month on the platform. This guarantee applies to ensure you receive value from our service. We also do not refund fees if we terminate your account for a violation of these Terms.
2.7. Free Trials and Promotions: We offer a 30-day risk-free trial for new users. During this trial period, you have full access to the platform with our money-back guarantee. If you don't receive enough quality cases during your trial period, you may request a full refund provided you have posted at least one case per month on the platform. After the trial ends, you will need to subscribe to continue using the Services. We reserve the right to determine eligibility for any free trial.
2.8. Account Suspension or Termination: CareMyCase may suspend or terminate your account at any time, with or without notice, if we determine in our sole discretion that you have violated these Terms or engaged in conduct that is harmful to the platform or other users. We may also suspend accounts for non-payment of subscription fees or if required by law or professional regulations. Upon termination, your right to use the Services will cease immediately. You may also terminate your own account at any time by following the procedures on the Platform (e.g., an account deletion feature). Termination of an account (by you or us) will not relieve you of any obligations or liability incurred prior to termination (such as any unpaid fees or indemnification obligations) and will not waive any rights or remedies we may have against you.
3. Acceptable Use Policy
We expect all users to use CareMyCase responsibly and lawfully. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
3.1. To Violate Laws or Regulations: You will not use the Services in any way that breaches any applicable law, regulation, court order, or professional ethical rule. This includes, without limitation, laws regarding privacy, intellectual property, export control, and the Rules of Professional Conduct governing attorney advertising, solicitation, fee-sharing, confidentiality, or any other aspect of legal practice. You are responsible for ensuring that your use of CareMyCase (including any referrals or fee arrangements made through the Platform) complies with the laws and rules applicable to you. (See Professional and Ethical Compliance below for additional requirements specific to attorney referrals.)
3.2. To Commit or Facilitate Misconduct: You will not use the Services for any fraudulent or deceptive activity, or to aid any unlawful act. You shall not impersonate any person or entity (including falsely claiming to represent a firm or client you do not), or misrepresent your identity or affiliation with any person or entity. All information you provide about yourself, your qualifications, and your cases must be truthful and not misleading. Do not post content or communications that attempt to deceive other users.
3.3. To Post Prohibited Content: You will not upload, post, or transmit any content on the Platform that: (a) is confidential or privileged information about a client or third party that you do not have permission to share; (b) is defamatory, harassing, abusive, or invasive of another's privacy; (c) is obscene, pornographic, indecent, or otherwise objectionable; (d) infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any person; or (e) violates any law or ethical rule. In particular, do not post any client-identifying information in case descriptions (e.g., no names, contact details, or highly specific facts that would reveal the client's identity). If you share any hypothetical or actual case information, ensure it's at a summary level and appropriate under your confidentiality obligations.
3.4. To Harass or Discriminate: You will not use the Services to harass, threaten, or discriminate against any individual or group. This includes content that is derogatory or demeaning on the basis of race, ethnicity, national origin, gender, sexual orientation, religion, age, disability, or any other protected characteristic. Professional courtesy is expected in all communications.
3.5. For Unsolicited Advertising or Spam: You will not use the Platform to send unsolicited bulk communications, advertising, or promotional materials to any user (no "spam"). While the Platform facilitates connecting with fellow attorneys for case referrals, you should not misuse messaging or postings to advertise unrelated services, mass-solicit business, or send repetitive or irrelevant messages. Likewise, you may not harvest or collect other users' contact information for marketing purposes outside the Platform.
3.6. To Interfere with the Platform: You will not engage in any activity that could disable, overburden, damage, or impair the operation of the Services, or interfere with any other user's ability to use the Platform. This includes not introducing any viruses, malware, worms, logic bombs, or other harmful code. You agree not to attack our infrastructure (e.g. via a denial-of-service attack) or attempt to circumvent security measures. Any attempt to gain unauthorized access to the Platform, other users' accounts, or CareMyCase's systems (e.g., hacking, password mining) is strictly prohibited.
3.7. No Scraping or Data Mining: You will not use any robot, spider, crawler, scraper, or other automated means to access or extract data from the Services for any purpose, whether commercial or personal, without our express written permission. You also agree not to reverse-engineer, decompile, or disassemble any aspect of the Platform, or do anything that might discover source code or underlying trade secrets. Data harvesting or scraping of the case listings or user profiles is expressly forbidden.
3.8. No Abuse of Resources: You will not use the communication tools made available by CareMyCase (such as messaging or forums, if any) in a manner that is unrelated to attorney referrals or that violates any standards we may promulgate. For example, you should not use messaging to send overly frequent or irrelevant solicitations to another attorney, and you should not post content in any community area that is off-topic or not intended for the platform's purpose.
CareMyCase reserves the right (but has no obligation) to monitor user content and communications on the Platform. We may remove or edit any content and terminate or suspend any account that, in our judgment, violates these rules or otherwise harms our community, without liability. However, we do not pre-screen all content, and we are not responsible for content that users post. You understand that by using the Platform, you may be exposed to content from others that is inappropriate or objectionable. If you see content that violates these Terms, please report it to us.
4. User Content and Intellectual Property
4.1. Your Content: In the course of using CareMyCase, you may upload, post, or share content such as text, files, or information (e.g., case descriptions, messages, profile information, or other materials). All content that you or other users provide ("User Content") remains the property of the party that submits it. CareMyCase does not claim ownership of the legal matters or ideas you post. However, by submitting User Content on the Platform, you hereby grant CareMyCase a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and adapt your User Content as needed to operate and provide the Services. For example, we may display your case post to other attorneys, format your content for better presentation, or store your messages for delivery. This license is only for the purpose of running and improving the Platform, and it ends when you remove the content or terminate your account (except to the extent others have acted in reliance on it, or we have retained archival copies per our Privacy Notice).
4.2. Confidentiality of User Content: You must not upload or share any content that contains confidential or personal information about any third party (especially a client) unless you have obtained all necessary consents or authorizations. As repeated throughout these Terms, you are obligated to uphold client confidentiality and privacy. If you post any User Content containing personal data of others or confidential details, you represent that you have the legal right to do so. We reserve the right to remove or redact User Content that in our sole judgment contains sensitive or confidential information about others, or that violates any law or privacy right. However, we are not responsible for policing confidentiality – that responsibility lies with you as an attorney. If in doubt, do not share such information on CareMyCase.
Please be aware that any User Content you post in areas accessible by other users (such as a case referral listing viewable by members) can be seen, saved, or shared by those users. Even private messages can be copied by recipients. We cannot control what other attorneys do with information you share with them (although all users are bound by professional conduct rules as well). Use caution when sharing any case details and only do so on a need-to-know basis consistent with your ethical duties.
CareMyCase provides certain privacy controls (for example, you might mark a case post as only visible to attorneys in certain jurisdictions), and we encourage you to use these features to limit exposure of sensitive information.
4.3. Ownership of Platform Content: Apart from your User Content, all content available through the Services, including the design, text, graphics, logos, button icons, software, and other files, and their arrangement (collectively, "Platform Content"), are the property of CareMyCase or its licensors and are protected by United States and international intellectual property laws. CareMyCase exclusively owns the CareMyCase trademark and all related service marks, logos, and branding. You are not granted any right or license to use the CareMyCase name or logos (except as necessary to identify your use of our service) without our prior written consent.
4.4. Limited License to You: Subject to your compliance with these Terms, CareMyCase grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform Content and Services for your internal business use (specifically, for facilitating attorney referrals and related networking). You may download or print materials from the Platform for your personal use in referrals (for example, you may print a copy of a case details page for your records), but you may not copy, distribute, modify, or create derivative works from any Platform Content without our prior written permission. You also may not remove or alter any copyright, trademark, or other proprietary rights notices from copies of content printed or downloaded from the site.
4.5. Feedback: If you choose to provide suggestions, ideas, or feedback to CareMyCase about our Platform ("Feedback"), you acknowledge that this Feedback is given voluntarily and that we are free to use, disclose, and exploit it without compensation or attribution to you. Any improvements or modifications to the Services based on your Feedback are the exclusive property of CareMyCase.
4.6. Copyright Infringement (DMCA) Policy: CareMyCase respects intellectual property rights. If you believe that any content on our Platform infringes your copyright, please notify us in writing with the following information: a description of the copyrighted work and its location on our site, your contact information, a statement of your good-faith belief that the use is not authorized, and a statement under penalty of perjury that your notice is accurate and you are the copyright owner or authorized to act on their behalf. Upon receipt of a proper notice, we will remove or disable access to the allegedly infringing content and follow the procedures required by the Digital Millennium Copyright Act (DMCA). Repeat infringers' accounts will be terminated when appropriate.
5. Professional and Ethical Compliance
CareMyCase is committed to operating a platform that upholds attorneys' professional responsibilities. All users are solely responsible for ensuring that their use of the Platform, and any referral or fee arrangements made through it, comply with the laws and ethical rules governing lawyers in their jurisdictions. This includes, but is not limited to, rules on advertising/solicitation, client confidentiality, conflicts of interest, fee sharing, and lawyer referral services. By using CareMyCase, you agree to the following:
5.1. No Formation of Attorney-Client Relationship with Company: You acknowledge that CareMyCase is not a law firm and does not provide legal services or legal advice. Your use of the Platform does not create an attorney-client relationship between you and CareMyCase or between CareMyCase and any client you may represent. CareMyCase is a neutral venue for attorneys to communicate; it does not participate in any attorney-client communications. Any information or tools provided by CareMyCase (such as templates or reminders) are for your convenience and are not legal advice. You are solely responsible for your own practice of law and compliance with professional obligations to your clients.
5.2. No Attorney-Client Relationship Between Users: Any interactions between users on this Platform (for example, discussing a potential case referral) do not, by themselves, create an attorney-client relationship between those users or between a user and the other's client. If a referred case results in a new attorney-client engagement, that relationship is strictly between the referring attorney or receiving attorney and the client - CareMyCase is not a party to it. Attorneys should independently communicate any necessary disclosures or agreements to the client outside the Platform.
5.3. Referral Fee Arrangements: If you arrange a referral or co-counsel relationship through CareMyCase that involves splitting a legal fee, you must comply with all applicable rules of professional conduct in your jurisdiction regarding fee division. Such rules often include requirements that: (a) the referral fee or fee split is permitted by law and not prohibited; (b) the client is informed of and consents in writing to the participation of all lawyers and the terms of the fee-sharing arrangement; (c) the total fee is not increased due to the referral; and (d) the fee split is proportional to the work performed by each lawyer or each lawyer assumes joint responsibility for the representation. You are expected to know and follow the specific rules of your state (as they vary) regarding referrals and fee divisions. CareMyCase does not supervise or enforce these rules on your behalf; it provides only a platform for you to find one another.
5.4. Client Consent and Documentation: Before referring a case or accepting a referral, you agree to obtain any required client consent in writing. The referring attorney should fully disclose to the client the situation: that another attorney is being engaged, any financial arrangements (fee split), and ensure the client understands that they have the right to decline the referral or choose other counsel. To assist with this, CareMyCase may provide an optional "Addendum – Client Consent to Referral and Fee Allocation" template for your reference. This template is provided as a convenience and informational only; you must review it and modify it as appropriate for your jurisdiction and specific arrangement. Use of the template does not guarantee compliance with your state's rules – you must independently ensure the final agreement meets all requirements. CareMyCase does not receive or store copies of any signed client consent addenda; those should be executed and retained by the attorneys and client outside the Platform.
5.5. No Improper Payments: Other than the subscription fee you pay to CareMyCase for platform access, neither party to a referral should give any payment or item of value to CareMyCase or any third party for the referral itself. The Platform is not to be used as a conduit for exchanging referral fees except as allowed directly between attorneys and disclosed to clients. CareMyCase is not a party to any fee-sharing arrangement between attorneys and does not take a percentage of legal fees. Any attempt to route client fees through the platform or to involve CareMyCase in fee collection is a violation of these Terms. Attorneys must pay and receive any referral fees directly among themselves, consistent with law.
5.6. Compliance with Advertising and Solicitation Rules: When posting referral opportunities or messaging other attorneys about referrals, you must ensure that any descriptions of cases or capabilities are accurate and not misleading. Do not overstate your credentials or make guarantees about outcomes. If you initiate contact with another attorney about a case, ensure it is a proper communication under the solicitation or advertising rules. The Platform may not be used to circumvent rules on direct solicitation of clients – remember, no clients are using this Platform, so you should not be advertising to or soliciting clients here. If you post information that would be considered advertising if directed to the public (such as statements about your successes), you are responsible for ensuring it complies with your jurisdiction's attorney advertising rules (e.g., use of disclaimers like "past results do not guarantee future outcomes" if required).
5.7. Confidentiality and Privacy: As emphasized, you must uphold client confidentiality. Do not upload any documents or written materials containing privileged or sensitive client information to the Platform. If you need to share specifics beyond what's appropriate in a public posting, do so only in a direct communication with an interested attorney and only after confirming that the attorney will keep it confidential (and ideally after a conflicts check). Use the platform's messaging for initial contact, then move to a more secure method for detailed sharing if needed. Both referring and receiving attorneys should implement appropriate safeguards when transferring any client files after a client has agreed to engage the receiving attorney. CareMyCase does not provide a secure document repository for client files. You also agree to respect the confidentiality of any information another attorney shares with you about a case or client. All users should treat information received via CareMyCase with the same care as if it were received directly from a colleague in practice.
5.8. Independent Professional Judgment: CareMyCase's role is strictly limited to providing neutral tools. The Company does not influence which attorneys can see your case postings, nor do we recommend or rank attorneys for referrals using any algorithm or AI. No artificial intelligence or automated decision-making is used in matching or selecting referral opportunities – all decisions to post, respond, or engage with a case are made by users. It is up to you to evaluate the qualifications of any attorney you connect with. Likewise, if you are a receiving attorney, it is your responsibility to conduct any necessary conflict checks and to decide whether to accept a referred client. CareMyCase does not practice law or make judgments for you. All attorneys using the Platform must exercise their own independent professional judgment in deciding to refer, accept, or decline any case.
5.9. No Endorsement or Warranty of Attorneys: CareMyCase does not endorse, guarantee, or warranty the credentials, competence, or suitability of any attorney on the Platform. Although we verify that each member is a licensed attorney at sign-up, we do not continually monitor each attorney's standing or performance. You should perform your own due diligence when engaging in a referral. Any attorney profiles, ratings, or feedback on our Platform are provided by users and do not constitute an endorsement by CareMyCase. You agree that CareMyCase is not responsible for the quality of legal services provided by any attorney you may connect with through our Platform, and any dispute or malpractice claim arising out of a referred matter is solely between the client and the attorneys involved (see Indemnification and Limitation of Liability below).
5.10. Reporting Obligations: If your jurisdiction requires you to report participation in a lawyer referral service or to register any referral arrangements, it is your duty to comply. CareMyCase is not an "approved lawyer referral service" of any state bar (it is a private networking platform), so ensure that using the Platform is permissible in your jurisdiction. By using the Platform, you affirm that your participation and payment of subscription fees are in line with your local rules (e.g., considered an advertising expense or networking membership, which is generally allowed). If you are unsure, you should consult your jurisdiction's ethics advisory opinions or contact your state bar for guidance.
Acknowledgement: You acknowledge that you have read and understood the above professional compliance requirements. You agree to indemnify and hold CareMyCase harmless from any claims, discipline, or liability arising out of your violation of professional conduct rules or laws in connection with your use of the Platform. (See Indemnification for more detail.) CareMyCase may, at its discretion, remind you of certain obligations (for example, by displaying a "Referral Reminder" notice summarizing key ethical steps before you finalize a referral), but we do not assume any attorney's duty. That duty remains with you.
6. Disclaimer of Warranties
The CareMyCase Platform and all Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, CareMyCase and its affiliates, officers, employees, agents, and partners disclaim all warranties of any kind, whether express, implied, or statutory, regarding the Services. This includes any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the Services will meet your requirements or expectations, that access will be uninterrupted or error-free, or that any content or information obtained through the Platform is accurate, reliable, or complete.
In particular, CareMyCase makes no guarantees or assurances that using the Platform will result in any referrals, business opportunities, or specific legal outcomes for you or your clients. We do not guarantee that every posted case will be placed with another attorney, nor do we guarantee that attorneys will find suitable cases. All decisions on referrals are made by the users, and outcomes depend on the independent actions of attorneys and clients, outside of our control. Any reliance you place on information or contacts obtained through the Platform is at your own risk.
CareMyCase does not warrant that the Platform is free of viruses or other harmful components. You are responsible for implementing procedures to satisfy your requirements for data backup and security. While we strive to maintain a secure and functioning service, you acknowledge that any online service may experience occasional disruptions, technical issues, or unauthorized access. We will attempt to promptly resolve any technical problems and secure our systems, but we make no guarantee of perfection.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, any implied warranties are limited to the minimum scope and duration permitted by applicable law.
7. Limitation of Liability
To the fullest extent permitted by law, in no event will CareMyCase or its affiliates, or their respective directors, officers, employees, agents, or licensors, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages arising out of or in connection with the Services or these Terms. This includes, without limitation, any damages for lost profits, lost business or anticipated savings, loss of goodwill, loss of data, or other intangible losses, whether based in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages. CareMyCase shall not be responsible for any compensation, reimbursement, or damages arising in connection with: your inability to use the Services, including as a result of any termination or suspension of your account or these Terms, our discontinuation of any part of the Services, any unanticipated or unscheduled downtime of all or a portion of the Services for any reason, or any corruption, loss, or unauthorized disclosure of data. The foregoing exclusions apply even if any remedy fails of its essential purpose.
Maximum Liability: To the extent that any liability of CareMyCase is not legally excludable, the total cumulative liability of CareMyCase and its affiliates to you for any and all claims arising from or related to the use of the Services or these Terms shall not exceed the greater of one hundred U.S. dollars (USD $100) or the total amount of subscription fees you paid to CareMyCase in the six (6) months immediately preceding the event giving rise to the liability. This limitation applies to all causes of action in the aggregate (not per claim) and regardless of the form or theory of the claim (contract, tort, etc.).
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so portions of the above limitation may not apply to you. In those states, our liability is limited to the maximum extent permitted by law.
User Acknowledgement: You understand and agree that the allocation of risk in these Terms is an essential basis of the bargain between you and CareMyCase. The Platform would not be provided without such limitations. If you are dissatisfied with any part of the Services or these Terms, your sole and exclusive remedy is to discontinue use of the Services.
8. Indemnification
You agree to indemnify, defend, and hold harmless CareMyCase, its parent, affiliates, and their respective officers, directors, employees, and agents (each an "Indemnified Party") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms or your misuse of the Services; (b) your breach of any representation or warranty in these Terms; (c) any actual or alleged infringement by you of a third party's intellectual property or privacy rights in connection with your use of the Platform; (d) any content that you post or transmit through the Platform (including claims that you posted confidential or defamatory information, or that you misused personal data of others); (e) any referral, fee-sharing arrangement, or other professional transaction you enter into as a result of using CareMyCase, including any dispute between you and another attorney or any client, or any violation by you of the rules of professional conduct; and (f) any other act or omission by you in connection with the Services.
CareMyCase reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do so, you agree to cooperate with our defense of that claim and you may not settle any such matter without our prior written consent. This indemnification obligation will survive any termination of your account or these Terms.
9. Governing Law
All matters relating to these Terms or your use of the Services, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of New York in the United States, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction. Notwithstanding the foregoing, we acknowledge that as attorneys you may also be subject to the professional conduct rules of the jurisdictions in which you are licensed; nothing in these Terms is intended to override any ethical obligations, and to the extent of any conflict, you must adhere to your professional responsibilities. However, the contractual relationship between you and CareMyCase (as a platform provider) will be adjudicated under New York law (except to the extent U.S. federal law may apply, such as with respect to arbitration enforceability under the Federal Arbitration Act).
If you are accessing the Services from outside the U.S., be advised that you are voluntarily transferring information and entering into a contract within the U.S., and that you agree to be bound by New York law as stated.
10. Dispute Resolution and Arbitration
Please read this section carefully. It requires you to arbitrate disputes with CareMyCase and limits the manner in which you can seek relief. This section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to these Terms, our Privacy Notice, our Services, or any aspect of your relationship with CareMyCase.
10.1. Mandatory Arbitration: You and CareMyCase agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (including any question regarding the breach, interpretation, validity, or termination of these Terms) shall be submitted to binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (including, if applicable, the Supplementary Procedures for Consumer-Related Disputes). A single neutral arbitrator will conduct the arbitration. Venue and Governing Rules: The arbitration shall take place in New york, or another location mutually agreed upon in writing by the parties. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or any other remedy available under law or in equity, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be entered in any court of competent jurisdiction.
10.2. Exceptions: As narrow exceptions to the above: (1) Either party may seek equitable relief (such as an injunction) in a court of proper jurisdiction if necessary to prevent irreparable harm on a temporary basis, in aid of arbitration, or to enforce an arbitral award. (2) To the extent you have in any manner violated or threatened to violate CareMyCase's intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. (3) Small Claims Option: If your claim qualifies for small claims court in a jurisdiction where either you or we reside, you may choose to bring an individual action in small claims court instead of arbitration.
10.3. Arbitration Costs: Each party is responsible for their own attorneys' fees in arbitration, unless the arbitrator awards attorneys' fees to the prevailing party under applicable law or agreement. The AAA's rules will govern payment of all arbitration fees. However, if you are an individual (not a firm) and can demonstrate that the cost of arbitration will be prohibitive compared to litigation, we will consider requests to pay a portion of your share of the arbitration fees, to the extent required to make arbitration accessible.
10.4. Class Action Waiver: All arbitrations (and any lawsuit permitted under these Terms) shall be conducted solely on an individual basis and not in a class, consolidated, or representative action. You agree that you may bring claims against CareMyCase only in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or representative proceeding, nor to make an award to any person or entity not a party to the arbitration. If a court of competent jurisdiction finds that the Class Action Waiver is unenforceable or invalid, then the entirety of this Dispute Resolution and Arbitration section shall be null and void (but the rest of the Terms will remain in effect).
10.5. Jury Trial Waiver: You and CareMyCase expressly waive the right to a trial by jury in any court for all disputes, claims, or controversies arising out of or relating to these Terms or the Services. If for any reason this arbitration agreement is found not to apply to a given dispute, the dispute will be decided by a judge, not a jury.
10.6. One-Year Limitation: Any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after such claim arose; otherwise, it is permanently barred. This limitation period includes internal complaint or dispute processes; you can't pause the one-year clock by waiting to file. This provision does not apply to claims of intellectual property infringement or misappropriation, which are subject to statutory limitation periods.
10.7. Governing Law in Arbitration: The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.) and not by any state law concerning arbitration. The arbitrator will apply the substantive law of New York (subject to the preemption of the Federal Arbitration Act) and applicable statutes of limitations, or condition precedents to suit, and will honor claims of privilege recognized at law.
10.8. Severability: With the exception of the Class Action Waiver clause above, if any part of this Dispute Resolution and Arbitration section is deemed invalid or unenforceable, it will not invalidate the remaining portions of this section.
10.9. Opt-Out: If you are a new user, you may opt out of the arbitration and class action waiver provisions by sending written notice of your decision to opt out to [email protected] with the subject "Arbitration Opt-Out" or a physical letter to our corporate address listed below, within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, email used for CareMyCase, and an unequivocal statement that you opt out of the arbitration provision. If you opt out, or if the arbitration provision is deemed unenforceable or not applicable, you agree to the exclusive jurisdiction of the state or federal courts located in New York, as described in Governing Law above, to resolve any disputes.
By agreeing to these Terms, you acknowledge that you have read and understood this arbitration agreement and expressly agree to binding arbitration and the class action waiver. You understand that by accepting these Terms, you are giving up certain rights, such as the right to a trial by jury and the right to participate in a class action.
11. Miscellaneous Provisions
11.1. Entire Agreement: These Terms of Use, along with any documents or policies expressly incorporated by reference (including our Privacy Notice and any additional guidelines on the Platform), constitute the entire agreement between you and CareMyCase regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter. Any other agreements between you and CareMyCase (such as a separate referral network membership agreement, if applicable) would be effective only if in writing and signed by an authorized representative of CareMyCase.
11.2. Amendment and Waiver: We may update or modify these Terms from time to time as explained at the beginning of this document (with notice to you for material changes). If you do not agree to the revised terms, you must stop using the Platform. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of that term or any other term, and any failure of CareMyCase to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
11.3. Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. In other words, the invalid part will be severed, and the rest of the agreement will remain valid and enforceable.
11.4. No Agency or Partnership: Your use of the Platform does not create any joint venture, partnership, employment, or agency relationship between you and CareMyCase. Neither party has authority to bind the other in any respect. You are participating as an independent professional. CareMyCase is not a party to any agreement you make with another attorney or any client, and we are not involved in your practice of law.
11.5. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void. CareMyCase may freely assign or transfer this Agreement (for example, in the event of a merger or acquisition, or to an affiliate) without notice or consent. These Terms will inure to the benefit of and be binding upon each party's successors and permitted assigns.
11.6. Export Controls: The software and services of CareMyCase may be subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. You will not use the Platform in a country or transfer any data or software to parties that are embargoed by the United States or that are prohibited by export laws.
11.7. Force Majeure: CareMyCase will not be liable for any delay or failure in performance of the Services resulting from causes outside our reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemic, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
11.8. Notices: We may provide notices to you under these Terms by email to the address associated with your account, via private service message, or by posting on our website. You are responsible for ensuring that your account email remains up-to-date and capable of receiving notices. Official notices to us must be sent via email to [email protected].
11.9. Contact Information and Customer Service: If you have any questions about these Terms or the Services, or if you need to contact us for any reason not specified above, you may reach us at [email protected]. We value our users and aim to respond promptly to all inquiries.
Thank you for using CareMyCase. By fostering a community of licensed attorneys helping each other, we strive to enable ethical and efficient attorney-to-attorney referrals nationwide. Your adherence to these Terms ensures that our platform remains trustworthy, professional, and beneficial to all members.