Terms of Use
Effective Date: January 6, 2025
These Terms of Use (the “Terms”) govern Your use of ThisAppearance’s (“We,” “Our,” “Us”) site, applications, online chats, or contact by phone or otherwise (“Services”). By using Our Services, You agree to comply with and be bound by these Terms. Please read them carefully. Our Services are available to You based on Your acceptance of these Terms.
This is a legal document between You (as an individual or as an entity) and ThisAppearance, that details terms and conditions governing Your access to and use of our Services of any kind. By accessing or using ThisAppearance, you are accepting, acknowledging your understanding thereof, and agreeing to these Terms.
You declare that You are a user who is of the age of consent and located within the United States.
You declare that You are able to enter into this Agreement and meet the eligibility requirements, having all right, authority, and capacity to do so, either as an individual or as an agent of an entity.
If you do not agree with the above, You must not access or use our Services.
1. User Accounts
1.1 To access certain features of Our Services, including our application, You may need to create an account. You agree to provide accurate and complete information when creating any accounts with ThisAppearance and We may rely on any and all information provided by You in the creation of such accounts.
1.2 You are responsible for maintaining the confidentiality of Your account credentials and for all activities that occur under Your account, including creating unique user ID and passwords for accessing such accounts.
1.3 You agree to notify us immediately of any unauthorized use of Your account or any other breach of security.
1.4 Attorney Service Provider Users (“Providers”). As a provider of legal services, any user who registered as an Attorney must hold and maintain proper licensure for the jurisdiction in which services are to be rendered. All Attorney users are required to maintain proper licensure, compliance with all rules of ethics and professional conduct, continuing legal education, specialty requirements (such as for specific types of practice, including any requirements for trial certifications), and any other requirements that professional standards require. Continued use of the Services signifies that You are attesting in an ongoing manner that You are fully compliant with all requirements related to Your licensure. You agree and attest that you are at all times able and competent to practice law for the specific services being offered. You agree to immediately notify ThisAppearance and any Client with whom You are engaged should there be any change to Your ability to continue to practice. You agree to abide by all data privacy laws and common sense practices with regards to sharing data. As a professional, You are ultimately responsible for Your professional conduct and You agree to keep all others notified of any changes or impacts to such.
1.5 Users Seeking to Engage an Attorney (“Clients”). You are engaging an attorney to provide a legal service such as an appearance in a court of law. You agree and attest that You will not engage or attempt to engage any Provider for any purpose which is unlawful, unethical, or coercive. You agree that ThisAppearance is not responsible for failure of Providers to provide the engagement services. You agree not to solicit for hire of the Provider for any other matter outside of the engagement for a period of one year culminating the last date in which services were provided on the matter engaged directly through ThisAppearance, absent express written permission from ThisAppearance. You agree to be responsible for data privacy and redaction of all personally identifiable information as required by all data privacy laws and court rules. You agree that ThisAppearance is just an intermediary and will not be responsible or liable for the details of the engagement.
1.6 Bidding. As a user of any kind, You agree to be legally bound by the bidding process. A bid is an Offer, Acceptance of the Offer creates an Agreement. Disputes of that Agreement must be resolved between the Provider and Client. Bid responsibly. Users who submit or accept bids attest that they have the authority and ability to do so, whether as a Provider or a Client. Users who attempt to claw back payment or circumvent paying for services rendered may be liable to the other party as well as to ThisAppearance for damages, costs, and attorney fees.
2. Acceptable Use
2.1 You agree to use Our Services only for lawful purposes and in accordance with these Terms and Conditions.
2.2 You agree not to use Our Services:
a. In any way that violates any applicable local, state, national, or international law or regulation.
b. To engage in any activity that is harmful, fraudulent, deceptive, or offensive.
c. To transmit, or procure the sending of, any advertising or promotional material without Our prior written consent.
In the event that you breach any of these Use limitations, notwithstanding other remedies in the remainder of these Terms, You agree to hold harmless, defend, and indemnify ThisAppearance against any damage, legal proceeding, subpoena, or other action.
3. Intellectual Property
3.1 Our Services, including our application and website, and any and all original content, features, and functionality are and will remain the exclusive property of ThisAppearance and its licensors.
3.2 You are granted a limited, non-exclusive, non-transferable, revocable license to use our Services, including our application and site, for Your own individual or entity-wide use (and not for any purpose not intended or contemplated by ThisAppearance).
3.3 You agree not to copy, modify, create derivative works from, or otherwise exploit any part of our Services, including our application, without Our prior written consent.
4. Termination
4.1 We may terminate or suspend Your account and access to Our Services immediately, without prior notice or liability, for any reason, including if You breach these Terms, or any other laws or agreements you have by and between You and ThisAppearance.
4.2 Upon termination, Your right to use our Services, including our application, will cease immediately. Any engagements in progress shall culminate and no new engagements shall be allowed to be entered.
4.3 If You wish to terminate Your accounts, review your engagement agreements for specific termination details, and then contact us directly at [email protected]
5. Limitation of Liability
5.1 To the maximum extent permitted by law, ThisAppearance shall not be liable for any indirect, incidental, special, consequential, or punitive 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:
- Your use of or inability to use our Services, including our application
- Any unauthorized access to or use of Our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from our Services, including our application.
- Failure of any party to provide engaged services, whether legal services or payment for services.
- Any acts of God that prevent the fulfillment of services or requests.
- Disclosure of confidential information during the commission of engagements. Parties engaging are solely responsible for redaction and protecting such confidential information as required.
- Failure to disclose loss of licensure or other changes to professional status. Attorneys along are required to maintain current status information and ThisAppearance does not regularly monitor this information after initial intake.
6. Governing Law
6.1 These Terms and Conditions shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
6.2. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
7. Changes to Terms and Conditions
7.1 We reserve the right to modify or replace these Terms at any time. We will notify You of any changes by posting the new Terms on our site or within our application and via email to you if you have provided and authorized it as a means of communication. You are advised to review these Terms periodically for any changes and are ultimately responsible for compliance with these Terms with use. You may view them directly at any time by visiting:
https://tappear.com/terms-of-use
8. Contact Information
8.1 Our information. ThisAppearance is an entity formed in Wyoming.
8.2 How to contact us:
ThisAppearance
30 N Gould St
Suite 4
Sheridan, WY 82801
949-569-9006
8.3 How we may contact You. We may contact You through any means You’ve granted us permission, including email, text message, in-app mail, push notification, phone, snail mail (USPS letters), or any other method as agreed. You may opt out of these by removing contact information which is superfluous or letting us know your preferred method.
8.4 Text Opt-In / Opt-Out. You may opt out of text messaging by any normal means if You would like text messaging to desist. Text messages must be opted in by You in response to your initial request, and all text messages will have an opportunity to opt out at any time. Opting out does not remove Your account or otherwise impact Your data with Us. Opting out of text messaging only stops the transmission of text messages. For updates to Your profile or settings, You must log in and make those updates.
8.5 Contact by Users. You understand and agree that ThisAppearance has no control over the conduct of other Users.
9. Breach
Breaches of these Terms shall be investigated and pursued to the maximum extent possible. Failure to pursue a claim at any time does not waive any right to that claim or any other potential claim. A breach of these terms may result in the breaching party being liable for damages to ThisAppearance and other parties, as well as costs and reasonable attorney fees and any other available remedies. Your use of our Services indicates Your willingness to be bound by these Terms.