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HARRILL LAW NORTH CAROLINA

 

 

VIRTUAL UNBUNDLED LEGAL SERVICES ENGAGEMENT AGREEMENT

 

IMPORTANT! IF YOU ARE REVIEWING THE FOLLOWING HARRILL LAW NORTH CAROLINA  VIRTUAL UNBUNDLED LEGAL SERVICES ENGAGEMENT AGREEMENT (“THIS AGREEMENT”) PRIOR TO REGISTERING ON THE NORTH CAROLINA  VIRTUAL LAW PRACTICE SECTION OF THE HARRILL- LAW.COM WEBSITE, OWNED BY JONATHAN P. HARRILL, ATTORNEY AT LAW (“ATTORNEY”), PLEASE NOTE THE AGREEMENT WHICH FOLLOWS THIS PARAGRAPH IS FOR INFORMATIONAL PURPOSES ONLY AND WILL BECOME EFFECTIVE ONLY UPON ALL OF THE FOLLOWING: (i) YOUR COMPLETED REGISTRATION ON THE HARRILL LAW NORTH CAROLINA  VIRTUAL LAW PRACTICE SECTION OF THE HARRILL-LAW.COM WEBSITE; (ii) YOUR RECEIPT OF WRITTEN NOTICE FROM ATTORNEY THAT HE IS WILLING TO PROVIDE LEGAL SERVICES TO YOU AND ENTER INTO THIS AGREEMENT; AND (iii) YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU ARE REVIEWING THIS AGREEMENT PRIOR TO REGISTERING ON THE HARRILL LAW NORTH CAROLINA  VIRTUAL LAW PRACTICE SECTION OF THE HARRILL-LAW.COM WEBSITE, PLEASE NOTE NO ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT PRIVILEGE EXISTS BETWEEN ATTORNEY AND YOU.  ATTORNEY HAS NOT YET OFFERED THIS AGREEMENT FOR YOU TO ACCEPT. 

 

THIS HARRILL LAW NORTH CAROLINA  VIRTUAL UNBUNDLED LEGAL SERVICES ENGAGEMENT AGREEMENT (this/This "Agreement”) is made by and between Harrill Law, Jonathan P. Harrill, Attorney at Law and a North Carolina  Board Licensed solo practitioner, with a principal place of business located at 11622 El Camino Real, San Diego, CA92130 (hereinafter “Harrill Law”) and Client, the person registering hereunder.  This Agreement is intended to meet the lawful goals of the Client, state the respective parties’ rights and obligations to each other and comply with the North Carolina Rules of Professional Conduct. 

 

This Agreement sets forth the terms and conditions of use for the Harrill Law North Carolina Virtual Unbundled Legal Services which are enabled by Virtual Law Office Technology Software (“VLOTech”) that was specifically designed for the Harrill Law North Carolina Virtual Law Practice section of the Harrill-Law.com website (hereinafter this/This “Website”), and accessible only upon successful registration over a secure network through this Website.  Please note this Agreement does not cover the general Terms of Use/Disclaimer for other sections of the Harrill-Law.com website which are accessible by the general public through the internet and require no registration on this Website.

 

 

1.        ImportantClient should carefully review this Agreement: Client should carefully review all terms included in this Agreement.  Should Client become uncertain about the meaning of any term included in this Agreement or wish to discuss this Agreement, Client may contact Harrill Law by electronic mail or telephone as listed on the CONTACT Page of the Harrill-Law.com website. 

2.        Limitation, Nature and Scope of Harrill Law North Carolina  Virtual Unbundled Legal Services: the Harrill Law North Carolina  Virtual Unbundled Legal Services (hereinafter the/The “Service”) provided by Harrill Law to Client over a secure network through this Website does not include civil litigation matters and therefore, Client agrees that it remains his/her sole responsibility to proceed as in Pro Per litigant by filing all legal documents and complying with the applicable North Carolina  state and federal local legal civil procedures, including but not limited to, court filing deadlines, statues of limitation and proper service of documents.  By providing Client with the Service pertaining to North Carolina laws, Harrill Law has not agreed to attend a hearing or trial on your behalf, note representation as “of record” orally or in writing in any Court, represent Client in any court or other legal proceeding, provide legal service beyond the Service which Client has purchased and agreed to in writing, or confirm Client has properly complied with the applicable North Carolina state and federal local legal civil procedures.  Harrill Law provides the Service through this Website for North Carolina laws only such as general counsel, legal document preparation and review.  Client agrees and understands that once Harrill Law has performed the Service requested and purchased by Client, Harrill Law has no further obligation to Client.  Therefore, this Agreement covers the time period from which Client accepts this Agreement to the time Harrill Law has provided to Client the Service that was requested and purchased by Client.  After Harrill Law has performed the Service requested and purchased by Client, Harrill Law has no further obligation to Client. 

 

While authorities in some jurisdictions may deem this Website and the Harrill Law North Carolina Virtual Law Practice to be an advertisement for legal services in their jurisdiction, this Website is not intended to nor purport to practice law in any jurisdictions other than those in which Harrill Law is licensed to practice, and this Website should not be considered as a solicitation for legal services related to any other states’ laws.  The Service provided by Harrill Law is related to North Carolina laws only. 

 

Unlike a geographically located law practice, the North Carolina virtual law practice of Harrill Law will not provide physical legal representation or commence litigation on your behalf.  Should Harrill Law determine, at any time, that a full-service law firm engagement is required to properly handle your specific legal matter, such as the commencement of a formal lawsuit, Harrill Law will promptly refer you to a North Carolina full-service law firm in your geographic location or refer you to the North Carolina Bar Association’s Lawyer Referral Service. 

 

Client understands that at any time Client has the alternative of seeking to retain a full-service law firm, which would provide Client with the benefit of a comprehensive range of legal services.  The Service provided by Harrill Law to Client is not nor purport to be a substitute for the benefits of retaining a full-service law firm.  Harrill Law makes no representations that it will agree to provide Client with full-service legal services pertaining to North Carolina laws.  In the event Harrill Law and Client agree that Harrill Law will provide full-service legal representation pertaining to North Carolina laws, Harrill Law will then provide to Client a different, separate agreement apart from this Agreement, that will detail the nature and scope of the representation as well as the basis or rate of the legal fee and other expenses for which Client will be responsible.  Payment of any fee and other expenses for which Client will be responsible under and pursuant to any full-service agreement between Harrill Law and Client shall not be available through the electronic payment system described herein.  

 

For the avoidance of doubt, Harrill Law is not a pre-paid legal service or full-service North Carolina law firm with respect to this Website.  This section of the Harrill-Law.com website is an online North Carolina virtual law practice where Client is charged a one-time fee for the Service related to North Carolina law, over a secure network, through this Website.  The Service provided by Harrill Law to Client only extends to that Service of which Client has requested and purchased and Harrill Law has provided.  Once Client has purchased the Service and Harrill Law has agreed to provide the Service and Harrill Law has completed the Service requested, Client shall not expect Harrill Law to perform in any additional capacity.  For example, if Harrill Law prepares a legal document and the document should be properly and timely filed with a court, it is not the responsibility of Harrill Law to ensure Client has complied with the applicable North Carolina state and federal local legal civil procedures, including but not limited to, court filing deadlines, statues of limitation and proper service of documents.  As with any legal service, Harrill Law does not intend to nor purport to guarantee any legal outcome.

3.        Confidentiality, Security and Retention of Records: Harrill Law provides the Service pertaining to North Carolina laws only.  Harrill Law is responsible for this Website and is licensed to practice law in the State of North Carolina.  In compliance with the North Carolina Professional Rules of Conduct and restrictions of the North Carolina State Bar as well as the North Carolina Bar Association and for reasons of personal integrity, Harrill Law is bound by stringent professional standards of confidentiality.  Any information received by Harrill Law from Client is held in strict confidence and is not released to anyone outside of Harrill Law, unless and until Client gives informed consent or as provided for under applicable law(s).  All Client records are securely retained in electronic files, along with secure backups, for the period of years required under North Carolina law.  Primary Harrill Law and Client communications are done over a secure HTTP through this Website, which provides the highest industry standard protection available on the Internet.  Harrill Law does not rely on email to communicate with Client as it is commonly sent and received unencrypted resulting in an unsecure means of interacting with Client.  All payments are processed by Cardholder Information Security Program (“CISP”) compliant credit card processors and no credit card or payment account numbers are stored on the servers.  Those responsible for the maintenance of this Website use secure programming techniques and best industry practices as well as continual code auditing to ensure this Website is secure. 

4.        Fees: No fee will be charged or obligation incurred by registering on this Website.  Almost always, Client funds will be transferred and released to Harrill Law and then the legal services requested by the Client are ready to be accessed and received by the Client on his/her personal login page.  This Agreement constitutes the informed consent of Client in writing that at the time of payment for the Service, the fee for the Service has been earned by Harrill Law because the Service will be completed within a reasonable period of time, is non-refundable and the fee is the property of Harrill Law at the time of transfer to Harrill Law.  Following payment by Client and confirmation thereof through CISP, the Client will have complete access to the Service provided by Harrill Law.  Should further communication with Harrill Law be required, the Client may contact Harrill Law by posting a separate question regarding the Service received.  Client may also request a cost estimate for additional legal work.  Harrill Law shall not pay any costs associated with a Client matter which may be required as part of a formal lawsuit, including but not limited to, filing fees or service of process fees, and Client has no further payment obligation to Harrill Law upon receipt by Client of the Service requested.

5.        Copyright:  Harrill Law claims copyright protection on all the content provided in this Website. Copyright Notice: © Copyright 2010 Harrill Law. All rights reserved.  The content in this Website may not be reproduced, copied, modified, used for commercial purposes and/or redistributed in any form without the express written permission of Harrill Law.  All title, interest and rights to and in the content displayed on this website is owned by Harrill Law or third parties. The content displayed on this website is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries, and may include, without limitation, the look and feel, data, information, text, website design, layout, colors, graphics, images, sound or video, trademark(s), service mark(s) and trade names. Unless otherwise agreed to in writing by Harrill Law, none of the content on this website may be downloaded, displayed, reproduced, distributed, or transmitted in any way without the prior written permission of Harrill Law or the third party owner (if applicable). You may not use or display any trademarks or service marks owned by Harrill Law without prior written consent. All title, interest and rights to and in the content displayed on this website is owned by Harrill Law or third parties.  Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), the designated agent for notice of alleged copyright infringement in connection with this website is: Jonathan P. Harrill, Owner/Attorney, 11622 El Camino Real, Suite 100, San Diego, CA 92130, Telephone number: (858) 764-2441, Email address: JHarrill@Harrill-Law.com. To file a notice of infringement with Harrill Law, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.

6.        Attorney Advertising Notice and Content of this Website: While authorities in some jurisdictions may deem this Website and this Harrill Law North Carolina  Virtual Law Practice to be an advertisement for legal services in their jurisdiction, this Website is not intended to nor purport to practice law in any jurisdictions other than those in which Harrill Law is licensed to practice, and this Website should not be considered as a solicitation for legal services related to any other states’ laws.  The Service provided by Harrill Law to Client, over a secure network through this Website, is related to North Carolina laws only.  Client shall not rely on the content on this Website without first communicating with Harrill Law or other competent legal counsel in your jurisdiction. 

7.        Links and Email Addresses Posted on this Website: links from this Website to other websites may from time to time be posted on this Website and should such links be made available on this Website, the links are provided only as a convenience to Client.  Harrill Law assumes no responsibility for the content, security, opinions or reliability of any other websites to which Harrill Law has posted links.  Spamming, the unsolicited broadcasts of email addresses or links in this Website is prohibited and unauthorized. 

 

 

8.        Web Tracking – Cookies and Information Collection:

 

 

(i)           General Site: to view this Website, a Potential Client is not required to reveal any personal information.  A Potential Client’s browser will be presented with the option of accepting JavaScript and cookies in order to lay out the web page correctly and to store customized settings for the next visit.  These features may be disabled by a Potential Client’s browser.  Please note, however, this will limit the look and functionality of the Harrill Law virtual law office.  All page requests are logged in order to properly maintain the Service and security of Harrill Law. 

(ii)         Harrill Law North Carolina  Virtual Law Office: In order to use the Harrill Law North Carolina  Virtual Law Office, a Potential Client must first register a Username and provided personal information about him/herself.  This information may then be used during Client’s transactions with Harrill Law solely to provide the Service under and pursuant to this Agreement, and to assess whether Harrill Law can provide reasonably competent representation under the terms of this Agreement.  This Website uses cookies to store a Session ID.  Therefore, in order to register on this Website, cookies must be enabled so that Harrill Law can provide a secure transaction. 

(iii)       Registration: In order to retain Harrill Law for the Service, a Potential Client must register on this Website. There will be no fee charged for registering on this Website. By registering on this Website, a Potential Client is representing that he/she is at least 18 years of age, able to enter into a binding contract with Harrill Law and representing that he/she has provided accurate, correct and updated information.  A Potential Client, by registering on this Website, will receive access to a personal information page where they may request the Service over a secure network through this Website. 

(iv)      Reviewing and Updating Client’s Personal Information: Harrill Law requires all Clients to keep personal contact information accurate, correct and updated.  After registering on this Website, Client may enter Client’s personal information page at any time to review and/or edit the personal information. 

(v)      Contact Information Harrill Law: Harrill Law prefers that Client provide information using the technology provided for on Client’s personal login page.  Should using the technology provided for on Client’s personal login page not be possible and Harrill Law requires further information in order to review a Client’s matter, please use the following mailing address: Harrill Law, 11622 El Camino Real, Suite 100, San Diego, CA 92130. 

9.        Limitation of Liability- NO WARRANTIES: Harrill Law will not be responsible under any legal theory for damages, including direct, indirect, incidental, consequential or special, arising as a result of Client’s use of this Website except insofar that nothing in this paragraph or this Agreement shall in any way be construed as limiting Harrill Law professional liability regarding the Service rendered and/or contracted for under and pursuant to this Agreement.  The general information provided on this Website is provided without warranty of any kind, express or implied.  Harrill Law reserves the right at any time to change, modify, add, and delete the content on this Website. 

10.    Jurisdiction: this Agreement will be governed by the laws of the State of North Carolina.  The state and federal courts located in San Diego County, North Carolina or such other binding arbitration entity as is otherwise agreed to between Harrill Law and the Client, will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, this Website or the Service rendered by Harrill Law to Client.  Each person who registers on this Website consents irrevocably to personal jurisdiction in such courts with respect to any matters and waives any defense of forum non conveniens.  Each person who registers on this Website is deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement, this Website or the Service rendered by Harrill Law to Client. 

11.   Assignment: the rights and obligations created for Client under this Agreement may not be assigned to any other party. 

12.   Force Majeure: Harrill Law shall not be in breach of this Agreement for any delay or failure in performance caused by reasons out of its reasonable control, including but not limited to, acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Harrill Law. 

14.   Severance: In the event that one or more of the provisions of this Agreement shall be found by a court of law to be unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in this Agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid. 

15.   IRS Circular 230 Disclosure: In compliance with the requirements of the IRS pertaining to the publication of Circular 230, Harrill Law hereby informs Client that any advice contained on this Website or in any communication originating from this Website or the Harrill Law practice which is related to United States federal tax advice is not intended or created to be used, and may not be used, for the purpose of (1) either avoiding penalties under the Internal Revenue Code or promoting, marketing or (2) recommending to any other party any transaction or matter that is contained on this Website or in any communication originating from this law practice. 

16.   Complete Understanding: this Agreement supersedes any prior or contemporaneous communications, representations or agreements between Harrill Law and Client and constitutes the complete and final agreement between the parties relating to this Agreement, this Website or any services rendered by Harrill Law to Client.  This Agreement contains the entire agreement of the parties.  No other agreements, statements, or promises made on or before the effective date of this Agreement will be binding on the parties.  This Agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties. 

 

The effective date of this Agreement will be the date when both Harrill Law and Client have conveyed assent to it by indicating acceptance, verified with the time and date stamp of each party.  This Agreement will not be fully-executed unless and until acceptance is confirmed in writing by Harrill Law. 

 

By clicking on “Register”, Client agrees to the Terms and Conditions set forth herein.