Terms of Service
Acceptance of Terms
By accessing, browsing, or using the BlackHill Law website, mobile applications, or any related services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These terms constitute a legally binding agreement between you and BlackHill Law.
If you do not agree to these terms in their entirety, you must immediately discontinue use of our Services. Your continued use of our Services following any modifications to these terms constitutes your acceptance of such modifications.
These terms apply to all users of our Services, including visitors, prospective clients, current clients, and any other individuals or entities that access or use our Services in any manner.
Website Use License and Restrictions
Grant of Limited License
Subject to your compliance with these Terms of Service, BlackHill Law grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for lawful purposes related to learning about our legal services and conducting business with our firm.
This license does not include any right to use our Services for commercial purposes unrelated to engaging our legal services, nor does it grant any rights to our intellectual property except as expressly provided herein.
Prohibited Uses
You agree not to use our Services for any purpose that is unlawful, harmful, or otherwise objectionable. Prohibited uses include, but are not limited to, attempting to gain unauthorized access to our systems, interfering with the operation of our Services, transmitting malicious code or harmful materials, collecting information about other users without authorization, or using our Services to violate any applicable laws or regulations.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from our Services without our prior written consent, except as permitted by law or as expressly authorized in these terms.
Compliance with Laws
You agree to comply with all applicable federal, state, local, and international laws and regulations in connection with your use of our Services. You are solely responsible for ensuring that your use of our Services complies with all applicable legal requirements in your jurisdiction.
No Attorney-Client Relationship
General Rule
Use of our website, submission of information through our contact forms, downloading of resources, or other interactions with our Services does not create an attorney-client relationship between you and BlackHill Law. An attorney-client relationship is created only when both parties have executed a written engagement agreement that specifically establishes such a relationship.
Until such a formal engagement agreement is executed, any communications with our firm should not be considered confidential or privileged, and we have no duty to maintain the confidentiality of information you provide through our website or other informal communications.
Consultation Disclaimers
Any information provided during initial consultations, whether conducted in person, by telephone, or through electronic means, is provided for general informational purposes only and does not constitute legal advice. Such information should not be relied upon as a substitute for formal legal counsel tailored to your specific circumstances.
We reserve the right to decline representation for any reason, including but not limited to conflicts of interest, lack of expertise in the relevant area of law, resource constraints, or strategic considerations.
Confidentiality Limitations
Information submitted through our website contact forms, email communications, or other informal channels prior to the establishment of an attorney-client relationship may not be protected by attorney-client privilege or other confidentiality protections. Do not submit confidential, sensitive, or privileged information through these channels unless specifically requested to do so by our attorneys.
Intellectual Property Rights
Our Intellectual Property
All content on our Services, including but not limited to text, graphics, logos, images, software, audio, video, data compilations, and the overall design and arrangement of content, is owned by BlackHill Law or our licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws.
Our firm name, logo, and related marks are trademarks of BlackHill Law. You may not use these marks without our prior written permission, except as necessary to identify our firm in connection with legitimate commentary or referrals.
User-Generated Content
If you submit any content to our Services, including comments, feedback, suggestions, or other materials, you grant BlackHill Law a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media or format.
You represent and warrant that any content you submit does not infringe the rights of any third party and that you have all necessary rights and permissions to grant the license described above.
Digital Millennium Copyright Act
We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on our Services infringes your copyright, please provide us with written notice containing the information required by the Digital Millennium Copyright Act, including identification of the copyrighted work, the allegedly infringing material, and your contact information.
Privacy and Data Protection
Privacy Policy Integration
Your privacy is important to us, and our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.
Data Security
While we implement reasonable security measures to protect your information, no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee the absolute security of your information and cannot be held liable for unauthorized access to or alteration of your information that occurs despite our security measures.
International Users
If you are accessing our Services from outside the United States, you understand and consent to the transfer of your information to the United States for processing and storage in accordance with our Privacy Policy and applicable law.
Disclaimers and Limitations of Liability
Information Accuracy
While we strive to provide accurate and up-to-date information on our Services, we make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of any information, products, services, or related graphics contained on our Services.
Legal information provided on our Services is general in nature and may not reflect the most current legal developments. Laws vary by jurisdiction and change frequently, and the application of laws to specific circumstances requires analysis of unique facts that cannot be adequately addressed through general website content.
No Professional Advice
Content on our Services is provided for general informational purposes only and does not constitute legal advice, recommendations, or professional counsel. You should not act or refrain from acting based on information obtained from our Services without first consulting with qualified legal counsel regarding your specific circumstances.
Limitation of Liability
To the fullest extent permitted by applicable law, BlackHill Law, its partners, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services, including but not limited to damages for loss of profits, data, or other intangible losses.
This limitation applies regardless of the theory of liability, whether based in contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
Maximum Liability
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing our Services during the twelve months preceding the event giving rise to liability.
Indemnification
You agree to defend, indemnify, and hold harmless BlackHill Law, its partners, employees, agents, and affiliates from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of our Services, your violation of these Terms of Service, or your violation of any rights of another person or entity.
This indemnification obligation shall survive termination of these Terms of Service and your use of our Services.
Third-Party Services and Links
External Links
Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by BlackHill Law. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.
Your interactions with third-party services are governed by their respective terms of service and privacy policies. We encourage you to review the terms and policies of any third-party services before using them.
Third-Party Content
We may display or reference third-party content, including news articles, legal updates, or other materials, for informational purposes. Such content does not necessarily reflect our views or opinions, and we do not endorse or guarantee the accuracy of third-party content.
Integration Services
Our Services may integrate with third-party platforms or services for functionality such as appointment scheduling, document sharing, or communication tools. Your use of such integrated services is subject to their respective terms of service and privacy policies in addition to these terms.
Termination and Suspension
Termination by You
You may terminate your use of our Services at any time by ceasing to access or use our Services. If you have an active attorney-client relationship with our firm, termination of your use of our Services does not affect that relationship, which is governed by separate engagement agreements.
Termination by Us
We reserve the right to suspend or terminate your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms of Service, violation of applicable law, or conduct that we determine to be harmful to our firm, other users, or third parties.
Upon termination, your right to use our Services will cease immediately, but provisions of these terms that by their nature should survive termination shall remain in effect, including provisions related to intellectual property, disclaimers, limitations of liability, and indemnification.
Effect of Termination
Termination of these Terms of Service does not affect any attorney-client relationships established through separate engagement agreements, which continue to be governed by the terms of such agreements and applicable professional responsibility rules.
Professional Responsibility and Ethics
Compliance with Professional Rules
BlackHill Law is committed to compliance with all applicable professional responsibility rules, including those established by state bar associations and other regulatory bodies. These professional obligations may impose requirements that supersede or supplement these Terms of Service.
Conflicts of Interest
We maintain procedures to identify and address potential conflicts of interest in accordance with professional responsibility rules. Information you provide through our Services may be used for conflict checking purposes, even if no attorney-client relationship is established.
Mandatory Reporting
In certain circumstances, applicable law or professional responsibility rules may require us to report information to regulatory authorities or other parties. Nothing in these Terms of Service limits our ability to comply with such legal or ethical obligations.
Professional Judgment
Our provision of legal services is governed by our professional judgment and ethical obligations to clients. These Terms of Service do not limit our discretion in making professional decisions regarding client representation or legal strategy.
Dispute Resolution
Governing Law
These Terms of Service and any disputes arising out of or related to your use of our Services shall be governed by and construed in accordance with the laws of the state where our principal office is located, without regard to conflict of law principles.
Jurisdiction and Venue
Any legal action or proceeding arising out of or related to these Terms of Service or your use of our Services shall be brought exclusively in the state or federal courts located in the jurisdiction of our principal office, and you consent to the personal jurisdiction and venue of such courts.
Arbitration
Except for disputes involving intellectual property rights or requests for injunctive relief, any dispute arising out of or related to these Terms of Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules, and the arbitrator’s decision shall be final and binding. The arbitration shall take place in the jurisdiction of our principal office unless otherwise agreed by the parties.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class action litigation or class-wide arbitration.
Modifications and Updates
Right to Modify
We reserve the right to modify these Terms of Service at any time, in our sole discretion. Modifications may be necessary to reflect changes in our services, applicable law, business practices, or other factors.
We will provide notice of material changes by posting the updated terms on our website and updating the “Last Modified” date. For significant changes that materially affect your rights or obligations, we may provide additional notice through email or other communication methods.
Continued Use
Your continued use of our Services following the posting of modified Terms of Service constitutes your acceptance of such modifications. If you do not agree to any modifications, you must discontinue use of our Services.
Version Control
We may maintain prior versions of these Terms of Service for our records, but the version posted on our website shall be the controlling version for all purposes.
Force Majeure
BlackHill Law shall not be liable for any failure or delay in performance of our obligations under these Terms of Service that results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or technical failures.
During any period of force majeure, we will use reasonable efforts to minimize the impact on our Services and to resume normal operations as soon as practicable.
Severability and Enforceability
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these terms, and the remaining provisions shall remain in full force and effect.
We reserve the right to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the same or similar purpose as the original provision.
Entire Agreement
These Terms of Service, together with our Privacy Policy and any other legal notices published on our Services, constitute the entire agreement between you and BlackHill Law regarding your use of our Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
No waiver of any provision of these Terms of Service shall be deemed or shall constitute a waiver of any other provision. No failure to enforce any provision shall constitute a waiver of such provision or any other provision.
Contact Information
If you have questions about these Terms of Service or our Services, please contact us using the following information:
BlackHill Law
[Address]
[Phone Number]
[Email Address]
For questions about legal representation or to request legal services, please use our standard contact methods or the contact information provided elsewhere on our website.
We are committed to addressing your questions and concerns promptly and professionally. Please allow reasonable time for us to respond to your inquiries, particularly during busy periods or holidays.
Last Updated: [Current Date]
Note: These Terms of Service are designed to comply with applicable laws and protect the interests of BlackHill Law while providing clear guidance to users of our Services. They should be reviewed regularly and updated as needed to reflect changes in law, technology, and business practices.