Terms of Service
By accessing and using our websites and services, and as set forth in these terms, the User understands that we do not offer legal advice.Instant Per Diem Attorneys is not a law firm and does not dispense legal advice.
Instant Per Diem Attorneys is in the business of providing law firms clients with Per Diem Attorneys and Appearance Attorneys for court appearances, depositions, trials, arbitrations and other legal matters. Instant Per Diem Attorneys matches law firm clients with independent contractors/per diem attorneys/appearance attorneys to handle User’s request for coverage. For the purposes of these provisions “Users” refers to any and all Users of this website and associated programs.
- Users hereby agrees to give independent contractors referenced above the authority to appear on the requested legal matter on behalf of the User. The independent contractors shall appear based on the materials provided by the User. If inadequate instructions or information is provided, the independent contractors will handle the matter to the best of their abilities. To ensure the matter is handled in a satisfactory manner, it is the User’s duty to provide clear and sufficient instructions to handle said appearance.
- User agrees that Instant Per Diem Attorneys will not be obligated to provide any services to the User unless and until the request for services has been confirmed and payment has been remitted for the service. Confirmation will be acknowledged by Instant Per Diem Attorneys by email.
- User agrees that the independent contractors may file or cause to be filed representative documents, such as a notice of appearance at the court’s requests.
- User agrees that if there is a conflict of interest, user waives any such conflict to insure that representation occurs. User agrees that should there be a conflict of interest we can discontinue any efforts on behalf of the User, but should be allowed to continue to represent any existing clients where the conflict has arisen.
- Users and Independent Contractors must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- In creating a User account using our login page, personal information required in registration and provided by the User must be accurate and complete. User’s account name and password and the confidentiality thereof are entirely the responsibility of the User.
- User and Independent Contractors must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- User and Independent Contractors must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
- User and Independent Contractor must not use this website to transmit or send unsolicited commercial communications.
- Users are not permitted to solicit Independent Contractors to continue any per diem business transactions offline, and Independent Contractors are not permitted to solicit Users to continue any per diem business transactions offline. We will not be responsible for any such communications and transactions, and we reserve the right to permanently or partial ban any users violating this provision.
- User must not use this website for any purposes related to marketing without our express written consent.
- User agrees not to submit content to us that contains information that they know to be misleading, false, an infringement of existing intellectual property, or that violates any statute, regulation, code, or law.
Access to certain areas of this website is restricted. We reserve the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
If we provide you with a User ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the User ID and password are kept confidential.
We may disable your User ID and password in our sole discretion without notice or explanation.
In these terms and conditions, “your User content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your User content must not be illegal or unlawful, most not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this websites.
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind;
We do not guarantee any outcome for any appearances in the same way that your law firm cannot guarantee any outcome for your respective clients.
- User understands that all orders and reservations must be made through using our online form. Instant Per Diem Attorneys will not be liable for any order or reservations received by email or telephone and not confirmed by Instant Per Diem Attorneys.
- User is solely responsible for the completeness of disclosure of any and all information, personal or otherwise and warrants the completeness of the submitted information.
- The Confirmation of Coverage Request will be sent, via email or through our online system, to the Email address or account provided by user, confirming availability and intention to appear per User Coverage Request. Please note that your request has not been accepted until the
- User receives the Confirmation of Coverage Request from Instant Per Diem Attorneys. User is solely responsible for checking their Email Inbox and/or online account to ensure that it receives a Confirmation of Coverage Request.
- User warrants that you are a duly licensed attorney in good standing in the jurisdiction where you are requesting that we handle your matter and are using the Service, either personally or through an authorized employee who is acting under your supervisory authority and at your express instructions. You are not a pro se litigant or party to the proceeding or matter for which a Per Diem Attorney is requested. User understands and acknowledges that Instant Per Diem Attorneys services are available only to licensed attorneys duly admitted and in good standing in the jurisdiction in which the proceeding or matter is pending.
- User is solely responsible for the accuracy and propriety of information, comments and documents transmitted to Instant Per Diem Attorneys, whether by email, uploading to Instant Appearance Attorneys website, or other means of transmittal. The uploading of such information, comments and documents shall be conclusively presumed to originate from, and bear the identity of, the User whose registered with Instant Per Diem Attorneys.
- User is solely responsible for providing the Instant Per Diem Attorneys with all documents and information needed to perform the services required for the requested appearance coverage. User understands that failure to provide complete and comprehensive instructions, information, details and documentation for the requested matter may result in the outcome of the appearance being less than satisfactory or the appearance outcome may not contain result desired by User. Instant Per Diem Attorneys is not responsible for any appearance outcomes as a result of User’s failure to provide full and complete information.
- User is solely responsible for notifying Instant Per Diem Attorneys of any changes in User’s contact information including, but not limited to, changes in mailing address, facsimile number or email address.
- Instant Per Diem Attorneys does not track future appearances nor provide Per Diem Attorneys services unless a request is made by User. User understands and acknowledges that once the appearance report is submitted, any future appearances with respect to that matter must be requested by User each time the matter is scheduled.
- User is solely responsible to check the User’ s Email Inbox and online system and specifically for any updates or messages regarding any appearances submitted to Instant Appearance Attorneys.
- User understands and acknowledges that Instant Per Diem Attorneys and the independent contractor attorneys appearing on User’s behalf are prohibited from accepting monies or payment in court from User or its clients. Instant Per Diem Attorneys will not be held responsible for any damages as a result of the User’s violation of this policy.
- Unless as otherwise designated by Instant Per Diem Attorneys, User is responsible to remit prepayment for all orders. User acknowledges that any invoices overdue by 30 days or more is subject to a late fee/interest charge and that late fee/interest charge shall not exceed the maximum interest allowed by law.
- User cancellation or rescheduling of an Appearance Request. Confirmed Coverage Requests which are cancelled after 6:00 PM on the Court Business Day prior to the date of the Coverage Request will be charged at 50% of the quoted fee. Same Day cancellations will be subject to the full rate. User and Instant Appearance Attorneys have expressly agreed to such a cancellation fee.
- User will be charged the appearance fees and fees for any Services provided under this Agreement, and will be solely responsible those Service Fees, irrespective of whether another person or entity instructs You to request the Services or ultimately receives the benefit of the Services.
- User will not solicit, directly or indirectly, any appearance services from any appearance attorney to whom you have been introduced to by our services. Instant Per Diem Attorneys expends a significant amount of time and resources to compile an attorney network, and the list of attorneys on our network are proprietary and subject to various non-competition agreements.
LIMITATIONS OF LIABILITY
We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the rendition of services contents of, or use of, or otherwise in connection with, this website.
For any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:
Matter which would be illegal or unlawful for us to exclude or limit, or to attempt to purport to exclude or limit, its liability
By using Instant Per Diem Attorneys‘s website and online system, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a corporate entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our services and/or use of the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect us, our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
Users agree to hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on our acts incurred or suffered by us arising out of a breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. To the extent allowed, you will defend and indemnify Instant Per Diem Attorneys, and its principals, from any claims, lawsuits, etc. arising in whole, or in part, by any alleged negligence on the party of you and your company.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Additionally, any user who directly or indirectly solicits appearance attorneys from our attorney network they have been introduced to from using our services, is subject to immediate suspension of their Instant Appearance Attorney account without prior notice.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (except at the option of either party for any application for injunctive relief) shall be finally settled by arbitration in the County of Westchester, State of New York and judgment upon the award rendered may be entered in any court having jurisdiction.
EACH PARTY HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY.
All Notices by us to you shall be by email to the email address listed in Your Profile, My Account Page.
All notices by you to us shall be by email AND in writing to:
Instant Per Diem Attorneys
This Agreement will govern all services performed by us on behalf of User commencing with the date we first performed the services. Termination
You agree that Instant Per Diem Attorneys may terminate this Agreement, for any reason at our sole discretion, at any time, without notice, or at its discretion without notice, and that Instant Per Diem Attorneys reserves the right to change, suspend, or discontinue all or any aspects of its service to youl, for any reason at our sole discretion, at any time. You are personally liable for any charges that you incur prior to any termination, change, suspension or discontinuation of this Agreement or to our online systems.
The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
SUCCESSORS AND ASSIGNS
This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Instant Per Diem Attorneys without restriction.
These terms and conditions constitute the entire agreement between you and us in relation to your use of our services and this website, and supersede all previous agreements in respect of your use of our services and this website.
LAW AND JURISDICTION
There terms and conditions will be governed by and construed in accordance with the State of New York, and any disputes are subject to New York law. All parties waive their right to any trial by jury and agree to binding arbitration as specified herein in Westchester County for the resolution of any and all disputes with us, except as required by New York law as it applies to the resolution of any dispute.