How to read this document
These Website Terms of Use govern access to and use of this website only. They are separate from, and do not replace, any engagement agreement that governs the actual provision of legal services. Where a term is not defined here, it has the meaning given in Section 2.
1. Introduction and Acceptance
This website (the "Website") is operated by [Insert Firm Legal Name], operating under the name "anakondaa" ("anakondaa", "the firm", "we", "us", or "our"). These Website Terms of Use ("Terms") govern your access to and use of the Website, including all pages, content, and functionality made available on it.
By accessing or using the Website, you agree to be bound by these Terms, our Acceptable Use Policy, our Privacy Policy, our Legal Disclaimer, and, where applicable, our Fees, Cancellations and Refund Policy and Compliance and Law Enforcement Requests Policy (together, the "Website Policies"). If you do not agree to these Terms, you must not use the Website.
These Terms apply only to use of the Website. They do not govern, and should not be interpreted as, the terms of any legal representation. Legal representation, if any, is governed exclusively by a separate written engagement agreement described in Section 5 (the "Engagement Agreement").
2. Definitions
The following terms have the meanings set out below wherever they are used, capitalized, in these Terms and, unless separately defined, in the other Website Policies:
- "Website" means the website located at [Insert website domain] and all pages, subdomains, and functionality made available through it.
- "Content" means all text, graphics, layouts, the anakondaa name and emblem, and other material made available on the Website, excluding User Content.
- "User" or "Visitor" means any individual or entity that accesses or uses the Website, whether or not they become a Client.
- "User Content" means any information, message, document, or other material a User submits to the firm through the Website, by email, or by telephone.
- "Client" means a person or entity that has entered into a signed Engagement Agreement with the firm for the provision of Services.
- "Services" means legal services provided by the firm to a Client pursuant to an Engagement Agreement.
- "Engagement Agreement" means the separate written agreement, executed by the firm and a Client, that establishes an attorney–client relationship and governs the scope, terms, and fees of representation.
- "Applicable Law" means the laws, regulations, and professional conduct rules applicable to the firm, its lawyers, a given User, or a given matter, as the context requires.
3. Website Use Is Not Legal Representation
The Website is provided to give general information about anakondaa and the areas in which it anticipates advising clients. Nothing on the Website constitutes legal advice, a legal opinion, or a substitute for individualized advice from qualified counsel who has reviewed the specific facts of a matter and is admitted to advise on the relevant law.
Practice area descriptions, general commentary, and any other informational content on the Website are provided for general orientation only. They are not tailored to any particular person's circumstances and must not be relied upon as such. Please also see our Legal Disclaimer, which addresses this point in more detail.
Certain content on the Website practice-area sections is expressly marked as proposed or illustrative and is subject to confirmation by the firm before it is treated as an accurate description of services actually offered.
4. Eligibility and Lawful Use
You may use the Website only for lawful purposes and in accordance with these Terms. By using the Website, you represent that you have the legal capacity to enter into these Terms and that your use of the Website will comply with all Applicable Law.
You must not use the Website in any manner that could damage, disable, overburden, or impair it, or interfere with any other party's use and enjoyment of it. Detailed prohibitions on specific conduct, including fraud, phishing, impersonation, unauthorized access, and related misconduct, are set out in our Acceptable Use Policy, which is incorporated into these Terms by reference.
5. No Attorney–Client Relationship; How Engagements Begin
Use of the Website, including sending an inquiry, submitting a contact form, sending an email, or leaving a voicemail, does not create an attorney–client relationship between you and anakondaa or any of its lawyers. No attorney–client relationship is formed unless and until each of the following has occurred:
- the firm has conducted a conflict-of-interest check appropriate to the matter;
- the firm has assessed the matter and determined, in its discretion, that it is able and willing to accept the engagement; and
- a written Engagement Agreement setting out the scope of Services, fees, and other terms has been signed by both the firm and the prospective Client.
Until all three steps are complete, you should not treat any communication from the firm, including an acknowledgment of receipt or a request for further information, as acceptance of representation. You should not send confidential or sensitive information through the Website before receiving specific instructions to do so, and sending an inquiry does not shift responsibility to the firm for any deadline, limitation period, or time-sensitive step affecting your matter. See also our Legal Disclaimer.
6. Intellectual Property and Limited License
The Website and its Content, including the anakondaa name, wordmark, and heraldic-style emblem, text, layout, and design, are protected by applicable intellectual property laws and are owned by or licensed to the firm. The emblem is an original decorative brand mark created for anakondaa; it is not an official seal, a bar association insignia, or a certification mark, and no such affiliation is claimed or implied.
Subject to your compliance with these Terms, the firm grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Content for your own personal, non-commercial informational purposes. This license does not permit you to:
- reproduce, distribute, publicly display, or create derivative works from the Content for commercial purposes;
- remove or alter any proprietary notices;
- use the anakondaa name or emblem in a manner that suggests endorsement, affiliation, or sponsorship without prior written consent; or
- use any automated means to copy, scrape, or index the Website except as permitted by a robots.txt file the firm may publish.
All rights not expressly granted are reserved. This license terminates automatically if you breach these Terms.
7. Prohibited Conduct
Without limiting Section 4, you must not use the Website to engage in, facilitate, or attempt fraud, phishing, impersonation of any person or entity, money laundering or other financial crime, unauthorized access to systems or accounts, misuse of another person's personal information, or any other unlawful conduct. A fuller, non-exhaustive list of prohibited activities, including technical misconduct such as scraping and malicious uploads, is set out in our Acceptable Use Policy.
The firm may investigate suspected violations, refuse service, restrict access, and, where legally required or appropriate, report unlawful conduct to relevant authorities, in each case as further described in Section 13 and in the Compliance and Law Enforcement Requests Policy.
8. Submissions and User Content
You are solely responsible for any User Content you submit through the Website, by email, or otherwise, including its accuracy and your right to share it. You must not submit User Content that is unlawful, infringing, defamatory, or that discloses another person's confidential or personal information without a lawful basis for doing so.
Because no attorney–client relationship exists prior to a signed Engagement Agreement, User Content submitted before that point may not be protected by attorney–client privilege or treated as confidential in the same manner as information shared during an active representation. Do not include sensitive, confidential, or privileged information in an initial inquiry unless you have first received specific instructions from the firm to do so.
The firm will handle any personal data contained in User Content in accordance with its Privacy Policy.
9. Third-Party Links and Content
The Website may, from time to time, reference or link to third-party resources for general informational purposes. The firm does not control and is not responsible for the content, accuracy, or availability of any third-party resource, and inclusion of a reference does not imply endorsement. You access any third-party resource at your own risk and subject to that resource's own terms.
10. Disclaimers of Warranties
The Website and its Content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by Applicable Law. Without limiting the foregoing, the firm does not warrant that the Website will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Content is complete, current, or applicable to any particular circumstances.
Nothing in this Section is intended to exclude or limit any warranty or duty that cannot lawfully be excluded or limited, including duties owed by the firm and its lawyers under Applicable Law and applicable professional conduct rules in connection with any actual representation of a Client.
11. Limitation of Liability
To the fullest extent permitted by Applicable Law, and except in respect of matters governed by a separate Engagement Agreement, the firm, its partners, lawyers, and staff will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use of, or inability to use, the Website, even if advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for breach of duties owed to an actual Client under an Engagement Agreement and Applicable Law, including applicable rules of professional conduct. This Section does not, and is not intended to, grant the firm or its personnel complete immunity from liability.
12. Indemnification
You agree to indemnify and hold harmless the firm, its partners, lawyers, and staff from and against any claims, losses, liabilities, and reasonable expenses (including reasonable legal fees) arising out of your unlawful use of the Website, your violation of these Terms or the Acceptable Use Policy, or your infringement of any third party's rights through your use of the Website.
This indemnity is limited to losses arising from your own unlawful conduct or breach of these Terms. It does not require you to indemnify the firm for losses arising from the firm's own negligence, willful misconduct, or breach of professional duty, and nothing in this Section shifts responsibility for the firm's own professional obligations onto any User or Client.
13. Access, Suspension, and Termination
The firm may, at its discretion and where legally permitted, restrict, suspend, or terminate a person's access to the Website, without notice, where it reasonably believes that person has violated these Terms, the Acceptable Use Policy, or Applicable Law, or where necessary to protect the security or integrity of the Website.
The firm may also decline to respond further to an inquiry or refuse to accept a prospective matter for any lawful reason, including but not limited to a conflict of interest, capacity constraints, or a determination that the firm is not well suited to the matter, as described further in Section 14.
14. Refusal of New Engagements; Withdrawal from Representation
The firm is not obligated to accept any prospective engagement and may decline to do so for any lawful reason, including conflicts of interest, capacity, subject matter, or the firm's professional judgment, consistent with Applicable Law and applicable professional conduct rules.
Where an attorney–client relationship already exists under a signed Engagement Agreement, the firm may withdraw from representation only to the extent, and following the procedures, permitted or required by Applicable Law, applicable professional conduct rules, and any court or tribunal before which a matter is pending, including, where required, seeking leave of a court and providing reasonable notice to the Client. Nothing in these Terms authorizes withdrawal in a manner inconsistent with those obligations.
15. Sanctions, Export Control, Client Identification, and AML
The firm's ability to accept an engagement, receive funds, or otherwise act for a prospective Client may be affected by applicable trade sanctions, export control laws, client identification requirements, and anti-money-laundering ("AML") obligations. Where such requirements apply, the firm may request identifying information or documentation from a prospective Client or a source of funds before accepting or continuing an engagement, and may decline or terminate an engagement where such requirements cannot be satisfied.
Nothing on the Website should be understood as an offer to act for any person or entity that is the subject of applicable sanctions, or in any manner that would violate applicable export control, client identification, or AML obligations.
16. Privacy
Our collection and use of personal data in connection with the Website is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you acknowledge that your personal data will be processed as described there.
17. Governing Law and Dispute Resolution
These Terms, and any dispute arising out of or relating to your use of the Website (as distinct from a dispute arising under an Engagement Agreement, which is governed by that agreement's own terms), are governed by [Insert governing law and forum], without regard to conflict-of-laws principles, except to the extent mandatory consumer or professional conduct rules of another jurisdiction apply and cannot be waived.
18. Changes to These Terms
The firm may revise these Terms from time to time to reflect changes in the Website, Applicable Law, or the firm's practices. The effective date at the top of this page indicates when these Terms were last revised. Continued use of the Website after a revision takes effect constitutes acceptance of the revised Terms.
19. General Provisions
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be interpreted to best reflect its original intent to the extent permitted by law.
No waiver. The firm's failure to enforce any provision of these Terms is not a waiver of its right to do so later.
Entire agreement. These Terms, together with the other Website Policies, constitute the entire agreement between you and the firm regarding use of the Website, and supersede any prior understandings regarding that subject. They do not affect the terms of any separate Engagement Agreement.
Assignment. You may not assign or transfer your rights under these Terms. The firm may assign these Terms in connection with a merger, reorganization, or transfer of its business.
20. Complaints and Contact
If you have a question or complaint about these Terms or the Website, please contact us at [insert-contact-email@example.com]. If you are a Client with a complaint about Services provided under an Engagement Agreement, that complaint will be handled under the terms of that agreement and Applicable Law, including any applicable professional complaint or grievance procedures in [Insert relevant regulator or bar association, if applicable].