Terms of Service
These Terms of Service constitute a legally binding agreement that governs your use of the POWERUP LEGAL website and services.
BY USING THE POWERUP LEGAL WEBSITE AND RELATED SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
“PowerUp Legal Services” means project-based and temporary legal and support services provided by lawyers participating in the PowerUp Legal Services Marketplace.
“Power Up Legal Services Marketplace” refers to the website, www.poweruplegal.com that matches utilities, law firms, energy companies and other customers with one or more PowerUp Legal Attorneys who provide legal services and functions as a billing platform. The PowerUp Legal Services Marketplace is not a law firm or legal referral service.
“Match Request” means a communication from you to PowerUp Legal by telephone or by submitting the form at www.poweruplegal.com for the purpose of obtaining Legal Services from a PowerUp Legal Participating Attorney with a profile on the Website.
“PowerUp Legal” means PowerUp Legal and its affiliates, directors, subsidiaries, officers, and employees.
“PowerUp Legal Participating Attorneys or Lawyers” means the experienced attorneys listed on the PowerUp Legal website. PowerUpLegal Participating Attorneys are independent contractors and are not employed by PowerUp Legal.
“PowerUp Legal Billing Platform” means a cloud-based, secure computer application provided by PowerUpLegal that enables Freelancers to send invoices to Matched Firms and accept credit card or ACH payments of those invoices.
“Website” means PowerUp Legal’s website located at https://www.poweruplegal.com, all subpages and subdomains, and all content and services available at or through the website.
2. About PowerUpLegal
(a) PowerUp Legal matches utilities, energy companies, law firms, energy startups and other energy sector businesses seeking project-based and temporary support services with one or more PowerUpLegal participating attorneys.
(b) PowerUp Legal is not a law firm and does not provide legal representation. PowerUp Legal does not provide legal advice, legal opinions, recommendations, referrals or counseling. PowerUp Legal Participating attorneys whose profiles appear on the Website are not employees or agents of PowerUp Legal.
(c) PowerUp Legal is not an attorney referral service. PowerUp Legal is not an attorney referral service. Before approving an applicant as a PowerUp Legal participating attorney, PowerUp Legal reviews a writing sample, confirms each applicant’s bar registration status and clean disciplinary history, and checks references. However, PowerUp Legal does not make any guarantee as to the legal ability, competence or quality of the attorneys whose profiles appear on the Website. PowerUp Legal does not warrant or guarantee that any participating attorney whose profile appears on the Website is covered by professional liability insurance.
(d) Your use of the Website does not create an attorney-client relationship between you and PowerUp Legal.
3. Use of Platform
(a) You agree that by using this Platform, you agree to these Terms of Service.
(b) You consent to receive communications from PowerUp Legal in an electronic form via the email address(es) you provide in any communications with us.
(c) PowerUp Legal reserves the right in its sole discretion to refuse, suspend or terminate your use of the Website for any reason.
4. Provision of Services/Payment
(a) After You submit a Match Request to POWERUP LEGAL, You will be matched with a POWERUP LEGAL attorney selected for the Project. If POWERUP LEGAL is unable to locate a POWERUP LEGAL attorney suitable for the project, we will notify You promptly.
(b) Once you are matched with a POWERUP LEGAL Attorney, the POWERUP LEGALAttorney will contact you to discuss the proposed project or engagement. (Special procedures apply for Team Projects; please inquire directly). If you determine for whatever reason that the POWERUP LEGAL Attorney selected is not a satisfactory match, You will notify POWERUP LEGAL promptly and we can identify another attorney for the project. You are under no obligation to accept any of the matched attorneys who we propose.
(c) If, after the initial communication with the POWERUPLEGAL Attorney, You decide to proceed with an engagement, You will notify POWERUP LEGAL of your acceptance and provide us with payment information at which time You may ask the POWERUP LEGAL Attorney selected for the project to begin work. Although not required, it is strongly recommended that you provide the POWERUP LEGAL Attorney with a list of project deliverables and applicable deadlines.
(b) When a PowerUp Legal Participating Attorney provides services to you, the attorney will submit a timesheet for your approval through the PowerUp Legal Billing Platform at weekly intervals. You will have 3 business days to review the timesheet and notify PowerUpLegal of whether you approve or disapprove some or all of the work performed by the PowerUp Legal Attorney. By approving work, you understand that you authorize PowerUp Legal to charge you for the service through the payment information provided. You further acknowledge that failure to disapprove or object to the work performed during any given weekly billing interval constitutes automatic approval of the work performed, and waives any opportunity to seek a refund.
5. Offers of Employment to PowerUpLegal Attorneys.
You acknowledge that while PowerUp Legal is not generally in the business of placing individuals for full- or part-time employment as W-2 employees, you and a PowerUp Legal Attorney might want to change the nature of your relationship from that of client and independent contractor to that of employer and employee. If you offer employment (whether for an indefinite or fixed term) to a PowerUp Legal Attorney within 18 months after the PowerUp Legal Attorney completed an engagement for you (“Covered Employment”), you agree to pay PowerUp Legal as a success fee 20% of the PowerUp Legal Attorney’s annual base salary. You must pay any success fee owed under this section, no later than 30 days after the PowerUp Legal Attorney’s first day of employment with you.
6. Limitation of Liability
To the extent permitted by applicable law, PowerUp Legal will not be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of information by you on the Website, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not PowerUp Legal has been informed of the possibility of such damage, and even if a remedy set forth in this agreement is found to have failed of its essential purpose. PowerUp Legal will have no liability for any failure or delay due to matters beyond our reasonable control.
PowerUp Legal may amend this agreement from time to time, and in PowerUp Legal’s sole discretion. We will notify you of material changes to this Agreement (i) by sending a notice to all email addresses that you have provided to us in any oral or written communications with us, which will take effect immediately upon our sending of this email, and/or (ii) through our Website at least 30 days before the change taking effect by posting a notice on our home page. Non-material changes to this Agreement will take effect immediately Your continued use of the Website after the effective date of a revised version of this agreement constitutes your acceptance of its terms.
8. Governing Law
This agreement, and any access to or use of the Website or the Service are governed by the laws of the United States of America and the laws of the state of Maryland without regard to conflict of law provisions.
You and PowerUp Legal agree to submit to the exclusive jurisdiction and venue of the courts located in Montgomery County, Maryland or the United States District Court for the District of Maryland.
If any part of this agreement is held invalid or unenforceable, that portion of the agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure by PowerUp Legal to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. PowerUp Legal’s rights under this agreement will survive any termination of this agreement.
11. Limitation of Term of Action
You must bring any claim arising out of or related to this agreement within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
13. Complete Agreement
14. Authorization to Contract
You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are using the Website on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service.