Terms & Conditions

These Terms and Conditions (the “Agreement”) govern the use of the website located at www.defenseindemand.com (the “Site”) and the services offered by Defense in Demand, LLC (“Defense in Demand,” “we,” “us,” or “our”).

By accessing or using the Site, you (“User”) acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you do not agree to these Terms, you must immediately discontinue use of the Site.

1. Definitions

1.1 “Visitor” means any person who accesses publicly available portions of the Site without registering.
1.2 “Client” means a registered User who maintains an account on the Site and may request appearances, submit documents, pay fees, and access results.
1.3 “User” collectively means Visitors, Clients, law firms, attorneys of record, appearance attorneys, per diem attorneys, courtesy attorneys, and customers.

2. Eligibility

2.1 Only licensed attorneys in good standing, with active and eligible bar status, may utilize appearance services.
2.2 Only law firms and attorneys of record are authorized to schedule appearances.
2.3 Defense in Demand does not provide services for pro per or pro se matters.

3. Services

3.1 Defense in Demand provides an online platform through which Clients may request and schedule attorney appearances and related services.
3.2 Defense in Demand reserves the right, in its sole discretion and without liability:
(a) to modify, suspend, or discontinue the Site or any services at any time;
(b) to impose limits on features, restrict access, or require additional verification; and
(c) to alter or remove content from the Site.

4. Account Registration and Security

4.1 Clients must provide accurate, current, and complete information when creating an account and must update such information as necessary.
4.2 Clients are solely responsible for:
(a) maintaining the confidentiality of their login credentials; and
(b) all activity conducted under their accounts, whether authorized or unauthorized.
4.3 Clients must promptly notify Defense in Demand of any breach of security or unauthorized use of their account.
4.4 Defense in Demand shall not be liable for any loss or damage resulting from a Client’s failure to comply with this Section.

5. Scheduling and Appearances

5.1 All requests for appearances must be submitted through the Site in accordance with posted deadlines and procedures.
5.2 Defense in Demand does not guarantee acceptance of any request and reserves the right to decline or cancel a scheduled appearance at its discretion.
5.3 Clients are responsible for providing complete, accurate, and timely case information when submitting requests.

6. Fees and Payment

6.1 Clients shall pay all applicable fees in accordance with the pricing set forth on the Site or otherwise agreed in writing.
6.2 Payment shall be made at the time of scheduling unless otherwise authorized.
6.3 All fees are non-refundable, except as expressly stated by Defense in Demand.
6.4 Defense in Demand reserves the right to modify its fee schedule at any time. Continued use of the services after any modification constitutes acceptance of the revised fees.

7. Refund Policy

7.1 Non-Refundable Fees. Except as expressly provided in this Section, all fees paid are non-refundable.
7.2 Failure to Follow Instructions. If a Client believes the appearance attorney did not follow instructions, the Client must notify Defense in Demand in writing within thirty (30) days of the scheduled appearance. If notice is not provided within that period, no refund shall be issued.

8. Client Responsibilities

8.1 Clients are responsible for:
(a) ensuring that appearance requests comply with applicable court rules and procedures;
(b) providing sufficient information and documentation to enable Defense in Demand to perform the requested services; and
(c) monitoring case developments and deadlines independent of services provided by Defense in Demand.
8.2 Defense in Demand shall not be responsible for adverse outcomes resulting from incomplete, inaccurate, or untimely information provided by Clients.

9. Confidentiality

9.1 Defense in Demand acknowledges that, in the course of providing services, it may receive or have access to confidential information belonging to Clients. Defense in Demand shall maintain the confidentiality of such information and shall not disclose it to any third party except as required by law, court order, or with the Client’s consent.
9.2 Clients acknowledge that communications transmitted electronically, including through the Site, may not be fully secure, and Defense in Demand disclaims liability for unauthorized access or interception beyond its reasonable control.
9.3 This Section shall survive termination of this Agreement.

10. Privacy Policy

10.1 Defense in Demand collects, stores, and uses personal information in accordance with its Privacy Policy, available on the Site. By using the Site, Clients consent to such collection, storage, and use.
10.2 Defense in Demand may process Client data for purposes of providing services, maintaining accounts, processing payments, complying with legal obligations, and improving the Site.
10.3 Defense in Demand shall not sell or rent Client personal information to third parties. However, Defense in Demand may share information with trusted service providers who assist in operations, subject to confidentiality obligations.
10.4 Clients have the right to review, update, or request deletion of their personal information in accordance with applicable law.

11. Limitation of Liability

11.1 Defense in Demand shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the use of the Site or services.
11.2 In no event shall Defense in Demand’s aggregate liability exceed the amount paid by the Client for the specific service giving rise to the claim.

12. Indemnification

Clients agree to indemnify, defend, and hold harmless Defense in Demand and its officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to:
(a) the Client’s use of the Site or services;
(b) the Client’s violation of this Agreement; or
(c) any third-party claim resulting from the Client’s negligence, misconduct, or breach of obligations hereunder.

13. Modifications

Defense in Demand reserves the right to amend, modify, or update this Agreement at any time. Such changes shall take effect immediately upon posting to the Site. Continued use of the Site or services after posting constitutes acceptance of the revised Agreement.

14. Governing Law and Dispute Resolution

14.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.
14.2 Any dispute arising under or in connection with this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association under its commercial arbitration rules. Arbitration shall take place in the county where Defense in Demand maintains its principal place of business, unless otherwise agreed.
14.3 Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

15. Miscellaneous

15.1 Entire Agreement. This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior agreements or understandings.
15.2 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.3 Waiver. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.
15.4 Assignment. Clients may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Defense in Demand.

561-677-3824

support@defenseindemand.com