Terms of Service

Welcome to the Heartland Law Office, P.C. website. By accessing or using this website (the "Site"), you agree to be bound by the following Terms of Service ("Terms"). These Terms constitute a legal agreement between you and Heartland Law Office, P.C. ("the Firm", "we", "us", or "our"), a North Dakota professional corporation. If you do not agree with any part of these Terms, please do not use this Site. The Site is intended for general informational purposes and for communication with our Firm, subject to the conditions below.

Acceptance of These Terms

Your use of this Site signifies your acceptance of and agreement to abide by these Terms and all applicable laws and regulations. If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. We reserve the right to modify or update these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

Informational Purpose Only – No Legal Advice

The content provided on this Site is for general informational purposes only and does not constitute legal advice. While we strive to keep the information on the Site accurate and up-to-date, laws and regulations frequently change, and information may become outdated or may not apply to your specific circumstances. No content on this Site should be relied upon as legal advice. You should consult a qualified attorney for advice tailored to your individual situation. Heartland Law Office, P.C. expressly disclaims any and all liability in respect of actions taken or not taken based on any content of this Site.

No Attorney–Client Relationship via the Site

No attorney–client relationship is formed by your use of this Site or by any communication with the Firm through the Site. Contacting us through a contact form, using the live chat, sending email, or otherwise communicating via the website does not create an attorney–client relationship between you and Heartland Law Office, P.C. An attorney–client relationship with our Firm can only be established through a written, signed engagement agreement (retainer) between you and the Firm, after we have determined that no conflict of interest exists and have agreed to undertake representation. Until such an agreement is in place, any information you provide to us through the Site or otherwise is not protected by attorney–client privilege and we have no obligation to treat it as confidential (though we will handle it with care as described in our Privacy practices). Please do not send sensitive or confidential information through the Site unless and until you have formally engaged our services.

Initial Consultations and Engagement Agreements

We may offer free initial consultations to prospective clients. These consultations are provided at no charge and are meant to evaluate your case and allow you to determine if you wish to hire our Firm. Free consultations do not create an obligation for either party: we are not obligated to accept your case, and you are not obligated to hire our Firm, after a consultation. Any advice or information given during an initial consultation is preliminary and does not constitute the establishment of an attorney–client relationship. The Firm reserves the right to decline a consultation or representation for any reason.

Should both you and the Firm agree to proceed with representation, we will provide a formal Engagement Agreement (Retainer Agreement) for you to review and sign. Legal representation by Heartland Law Office, P.C. does not begin until both you and the Firm have signed an engagement agreement. The engagement agreement will set forth the scope of our representation, the fees and expenses to be charged, and other material terms. Only upon execution of that agreement will an attorney–client relationship be formed, and our duties to you (such as confidentiality, loyalty, and competent representation) will commence. Any obligations or expectations before a signed agreement are limited to those explicitly stated by the Firm in writing. Once you are a client, the terms of the engagement (retainer) agreement will govern our professional relationship, and if there is any conflict between these Website Terms and the engagement agreement, the engagement agreement will control with respect to the attorney–client relationship.

Client Responsibilities Under the Retainer Agreement

If you become a client of the Firm, you will be subject to certain responsibilities and obligations as outlined in your signed retainer (engagement) agreement. While the full terms will be provided in that agreement, you acknowledge and agree to the following general principles:

Acknowledgment of Risks: You understand that legal matters are inherently uncertain and involve risks. No outcome can be guaranteed. The engagement agreement includes a risk disclosure confirming that the Firm has made no promise or guarantee of any particular result in your matter. You accept that there is no assurance of success and that any opinion expressed by the Firm about potential outcomes is an estimate, not a guarantee.
Duty of Cooperation and Candor: You agree to cooperate fully with the Firm in the handling of your case. This includes providing truthful, accurate, and complete information to the best of your ability, responding promptly to communications, attending scheduled meetings or hearings, and working collaboratively with your attorney. You also agree to disclose all facts and documents relevant to your legal matter, even if they may be unfavorable, so that the Firm can provide effective representation.
Confidentiality: Both the Firm and the client have a duty to preserve the confidentiality of information related to the representation. The Firm will keep your information confidential in accordance with professional ethical rules. Likewise, you agree to keep confidential and secure any information, advice, or documents the Firm provides to you as part of the representation. This includes not disclosing attorney-client communications, legal strategies, or attorney work product to any outside parties without our consent. Maintaining this mutual confidentiality helps preserve attorney–client privilege and protects your interests.
Communication: The engagement agreement will outline how we will communicate (e.g., via phone, email, client portal, etc.). You are responsible for maintaining updated contact information with us and for safeguarding any login credentials (such as to a client portal) that allow you to access confidential information. If you use electronic communications (email, messaging, Clio portal, etc.), you acknowledge that while we use reasonable security measures, no method is completely secure, and you accept the inherent risks of electronic communications.
Fees and Expenses: The retainer agreement will detail the fee arrangement for your matter (for example, an hourly rate, flat fee, contingency fee, or other structure) and any retainer deposit or advance required. By signing the engagement agreement, you agree to pay the Firm’s fees and related expenses as specified. Payment terms, schedules, and accepted payment methods (such as credit card, check, etc.) will be outlined in that agreement. You are responsible for timely payment of invoices and any required retainers or replenishments. If you have questions about a bill, you agree to raise them promptly with the Firm. Failure to pay agreed fees and costs may result in the Firm taking appropriate action as allowed by the engagement agreement and applicable law, including possible withdrawal from representation.
Termination of Representation: The engagement agreement will also describe the circumstances under which either you or the Firm may terminate the attorney–client relationship. You have the right to terminate our representation at any time, subject to payment for services rendered and costs incurred. Likewise, the Firm may withdraw from representation under certain conditions (such as nonpayment of fees, refusal to cooperate, or as otherwise permitted or required by law or ethical rules), after giving reasonable notice and allowing time for you to secure alternative counsel. Upon termination, any remaining client funds in trust and property will be handled in accordance with the engagement agreement and applicable rules.

These client responsibilities are critical to a successful attorney–client relationship. By entering into a retainer agreement with the Firm, you acknowledge these duties and agree to uphold them, as well as any other obligations detailed in the written engagement agreement.

Payments and Online Billing

Heartland Law Office, P.C. accepts payments for legal fees and expenses through secure online platforms. We utilize LawPay and Clio for payment processing and practice management. Payment of any fee or retainer through our Site or via links provided by the Firm is subject to the following terms:

LawPay: Our online payment portal is powered by LawPay, a secure payment processing service designed for law firms. LawPay allows you to pay invoices or retainer fees by credit card, debit card, or electronic bank transfer. When you click on a "Pay Now" or "Pay Portal" link on our Site, you may be redirected to a LawPay webpage to enter your payment information. All payments made via LawPay are processed by LawPay's systems, not on our Site. We do not receive your full credit card or account numbers; that information is handled by LawPay in accordance with their security protocols. By making a payment through LawPay, you agree to comply with LawPay’s terms of service and understand that your transaction information will be subject to LawPay’s privacy policy. While we believe LawPay is a secure and reputable service, the Firm is not liable for any security breaches or errors by LawPay outside of our control.
Clio Payments and Billing: We use Clio, a cloud-based legal practice management platform, to manage billing and client accounts. Clio may facilitate payment processing through LawPay or its own integrated payment system. For example, you might receive a billing invoice via Clio with a link to pay through Clio’s client portal. Creation of a client account in Clio (e.g., through Clio’s client portal) or using Clio to pay an invoice does not by itself form an attorney–client relationship unless you have also signed a retainer agreement as described above. Any payments initiated via Clio’s platform will ultimately be processed by LawPay (or another Clio-designated payment processor), and you will be subject to those third-party terms as well. We will not charge your credit card or bank account without your authorization. If you have any issues or questions about online payments, please contact us directly rather than disputing the charge without notice, so we can promptly address the concern.
No Refunds Without Agreement: Payments you make (such as advance fee deposits or flat fees) will be handled in accordance with the terms of your engagement agreement and applicable law. For instance, advance fee deposits may be placed into a trust account and drawn down as work is completed, per the engagement terms. If you make a payment through the Site without a corresponding engagement agreement, that payment does not create a lawyer–client relationship and may be subject to return or non-acceptance at the Firm’s discretion. Any refund of fees, if applicable, will be governed by the engagement agreement or our professional obligations.
Security of Transactions: We take the security of your financial information seriously. The LawPay/Clio payment portals use encryption and secure protocols to protect your data. However, you should also ensure that you are using a secure network when making online payments and that you follow any instructions provided on the payment page. The Firm is not responsible for any unauthorized access to your data that is not within our control (for example, if your own device is compromised).

By using our online payment options, you represent and warrant that you are authorized to use the payment method provided and that you will not attempt to charge back or reverse a payment except in cases of bona fide dispute which you have first attempted to resolve with us.

Use of Third-Party Services and Tools

In providing our website and services, Heartland Law Office, P.C. integrates or uses several third-party platforms and tools. These services are employed to enhance user experience, communication, and the provision of legal services. By using our Site, you acknowledge and consent to our use of these third-party services, and you understand that each third-party may have its own terms and privacy policies. Key third-party services used include:

Wix (Website Platform, Forms, and Chat): Our website is built and hosted on the Wix.com platform. Wix provides the infrastructure for our Site’s design and functionality, including online contact forms you may fill out and the live chat feature that allows you to message with our staff. Information that you submit through a form or chat on the Site will be transmitted via Wix’s servers and stored in our Wix account. While we have access to that information, it may also be processed by Wix in providing their services. By submitting information through our forms or chat, you consent to Wix’s processing of that data. We encourage you to avoid sending highly sensitive personal information through web forms or chat. Although Wix implements security measures and we use SSL encryption on our Site, internet submissions are not 100% secure or confidential. The Firm is not liable for breaches of confidentiality arising from the use of Wix forms or chat, absent negligence on our part. Use of the Wix platform is subject to Wix’s Terms of Use and Privacy Policy.
Zoom (Video Consultations): We may use Zoom or similar video conferencing tools to conduct online meetings or consultations. If you schedule or partake in a video consultation with us, you may be required to download or use the Zoom application or platform. Zoom is a third-party service with its own user agreements and privacy practices. By participating in a Zoom meeting with us, you agree to abide by Zoom’s terms of service. We will send Zoom meeting links directly to you (usually via email or through the calendar invitation). Please ensure you are in a private, secure location when participating in a legal consultation via Zoom, to maintain confidentiality on your end. The Firm will take reasonable steps to ensure that Zoom meetings are private (such as using meeting passwords or waiting rooms when appropriate), but note that Zoom is outside our direct control. We are not responsible for any security vulnerabilities in Zoom’s platform. If you prefer an alternate method for a remote meeting, please let us know and we will try to accommodate.
Clio (Practice Management and Client Data): Our Firm uses Clio as a practice management system to organize and store client information, documents, schedules, and communications. If you become a client, your case information and personal data will likely be stored in Clio’s secure cloud-based system. Clio is a trusted third-party service provider for law firms and implements various security measures (such as encryption and regular backups) to protect data. By becoming a client of the Firm, you consent to the storage and processing of your information in Clio. In some instances, we may provide you access to a client portal via Clio, through which you can upload documents, view invoices, or communicate with us securely. Any use of the Clio client portal or links (such as to schedule appointments or make payments) is also governed by Clio’s terms of service and privacy policy, which you may be required to agree to when using those features. We will use the information in Clio only for managing your legal matter and will not share your Clio-stored data with unauthorized parties, subject to our Privacy Policy and professional duties. However, we cannot guarantee that Clio will never experience a data breach or outage; by using our services, you acknowledge this risk and agree that the Firm is not liable for any damages caused by Clio’s acts or omissions outside of our control.
Google Analytics (Website Analytics): This Site uses Google Analytics or similar analytics services to collect data about how users interact with the Site. Google Analytics uses cookies and other tracking technologies to gather information such as your IP address, browser type, pages visited, and time spent on the Site. We use this information in aggregate form to analyze website traffic and improve our Site’s content and performance. All data collected via Google Analytics is anonymous and statistical; we do not use it to identify individual users. By using the Site, you consent to the processing of data about your usage by Google Analytics. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is governed by the Google Analytics Terms of Service and Google's Privacy Policy. If you prefer to opt out of Google Analytics, Google provides a browser add-on for opting out, or you can adjust your browser settings to block cookies.
Cookies and Consent: When you first visit our Site, you will see a cookie consent banner. We use cookies (small text files stored on your device) for various purposes, including to enable Site functionality, remember your preferences, and collect analytics data (as mentioned above). Some cookies are strictly necessary for the Site to function (and cannot be turned off), while others are optional and used for performance or analytics. We require your consent for non-essential cookies. By clicking "Accept" on the cookie banner, you indicate your consent to our use of cookies as described. You may choose to decline or customize your cookie settings via the banner’s options or through your browser settings. Please note that disabling certain cookies may affect the functionality of the Site. Our use of cookies and handling of data collected by cookies is further described in our privacy practices. We do not use cookies to serve advertising, and we do not sell your data to third parties.

By being aware of these third-party tools and services, you can make an informed decision about using our Site. We strive to select reputable providers and to configure them in a manner that protects your data. However, the Firm does not assume responsibility for the acts or omissions of third-party companies. If you have questions about any technology or service we use, feel free to contact us for more information.

Acceptable Use of the Website

You agree to use our Site only for lawful and proper purposes. You are responsible for ensuring that your use of the Site complies with these Terms and any applicable laws. By using this Site, you agree that you will NOT:

Use the Site in any way that violates any federal, state, or local law, regulation, or ordinance, or for any unlawful purpose.
Misrepresent your identity or provide false or misleading information when filling out forms or communicating with us.
Attempt to gain unauthorized access to any portion of the Site, our servers, databases, or any other systems or networks connected to the Site. You will not attempt to circumvent security measures or probe/vulnerate the Site’s security.
Use any automated means (such as bots, scrapers, or spiders) to access or collect data from the Site without our express permission.
Introduce or transmit any viruses, malware, Trojan horses, or any other malicious or technologically harmful material to or through the Site.
Interfere with or disrupt the operation of the Site or the servers or networks that host the Site. This includes not engaging in any activity that could overwhelm the Site with an unreasonable volume of requests (e.g., a denial-of-service attack) or otherwise negatively affect other visitors’ ability to use the Site.
Attempt to reverse engineer, decompile, or extract any software or source code from the Site or its services.
Use the Site to harass, defame, abuse, stalk, threaten, or otherwise violate the legal rights of others (including the Firm staff or attorneys, or other users).
Upload or transmit any content through the Site’s forms or chat that is defamatory, obscene, offensive, or that infringes any third party’s rights (including intellectual property rights or rights of privacy).

Violation of the above acceptable use standards may result in termination of your access to the Site and potential legal action (civil or criminal) against you. We reserve the right to monitor use of the Site for compliance with these Terms and to take appropriate action, including cooperating with law enforcement, if we suspect a violation.

Intellectual Property Rights

All content on this Site, including but not limited to the text, graphics, logos, button icons, images, audio clips, video, software, and design of the Site, is the property of Heartland Law Office, P.C. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The compilation of all content on this Site is the exclusive property of the Firm. All rights are reserved.

You are authorized to view, download, and print materials from the Site for your personal, non-commercial use only, provided you do not remove or obscure any copyright or other proprietary notices. Any other use of the Site content, including reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of Heartland Law Office, P.C. is strictly prohibited. You may not use any of the Firm’s trademarks, service marks, logos, or trade names without our express written permission. Nothing in these Terms or on the Site should be construed as granting any license or right to use any intellectual property of the Firm or any third party, whether by estoppel, implication, or otherwise.

If you believe that any content on this Site infringes your copyright or other intellectual property rights, please contact us with a detailed notice so we can investigate and respond appropriately.

No Guarantee of Results

Past results are not a guarantee of future outcomes. Any descriptions of outcomes in matters that the Firm or its attorneys have handled (such as case results or client testimonials) are provided for informational purposes only and do not guarantee that a similar outcome will be achieved in any future matter. Every legal matter is unique, and results depend on a variety of factors specific to each case. The Firm makes no promise or guarantee that we will achieve any particular result for you. Any opinions we offer about possible results are only predictions, not guarantees. You acknowledge that legal outcomes are subject to inherent uncertainties and risks, and that the Firm has not made any guarantee or warranty regarding the outcome of your legal matter.

Disclaimer of Warranties

Use of this Site is at your own risk. The Site and all information and services provided through it are provided on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind, either express or implied. To the fullest extent permissible under applicable law, Heartland Law Office, P.C. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, or availability. We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that any defects will be corrected, or that the Site or the server(s) that make it available are free of viruses or other harmful components.

Any information obtained through the Site is done at your own discretion and risk. The Firm does not make any warranties or representations regarding the use of the materials or content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty not expressly stated in these Terms.

Limitation of Liability

To the fullest extent permitted by law, in no event will Heartland Law Office, P.C., its owners, attorneys, employees, agents, or affiliates be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your access to or use of (or inability to use) this Site, any content on the Site, or any services or information provided through the Site. This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

In particular, the Firm shall not be liable for: (a) any errors or omissions in the content of the Site, (b) any reliance you place on any content obtained through the Site, (c) any unauthorized access to or use of our servers or of any personal or financial information stored therein, (d) any interruption or cessation of transmission to or from the Site, (e) any bugs, viruses, Trojan horses, or other harmful code that may be transmitted through the Site by any third party, or (f) any loss of data or damage to your computer system resulting from use of the Site.

If you are dissatisfied with any portion of the Site or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site. In jurisdictions that do not allow the exclusion or limitation of certain damages, the Firm’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Heartland Law Office, P.C. and its principals, attorneys, employees, contractors, agents, and affiliates, from and against any and all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your use or misuse of the Site, (b) any content you submit, post, or transmit through the Site (including information provided via forms or chat), (c) your violation of these Terms, or (d) your violation of any rights of another or any law or regulation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and in such case, you agree to cooperate with our defense of such claim. This indemnification provision shall survive any termination of your use of the Site or these Terms.

Referral and Outside Counsel Disclaimer

Heartland Law Office, P.C. is a full-service law firm, but there may be situations where we consult with, associate other counsel, or refer you to outside attorneys or specialists, including tribal law counsel or other lawyers not employed by our Firm, to better serve your needs. Any such association or referral will typically be discussed with you in advance and will require your consent.

Please note: If any portion of your legal matter is referred to an outside attorney or if we engage co-counsel (for example, to assist with a tribal court matter or a matter in a jurisdiction where our attorneys are not licensed), that outside attorney is not an agent or employee of Heartland Law Office, P.C. and is solely responsible for the legal services they provide to you. We do not guarantee, warrant, or take responsibility for the work product or outcomes of any outside or referred counsel. Any outside attorney or co-counsel will likely provide you with a separate engagement agreement outlining the scope of their services and their own terms of representation.

Our referral or introduction of you to another attorney does not constitute an endorsement or guarantee of that attorney’s services, although we will endeavor to refer you to qualified and reputable professionals. The Firm will not share any fees with outside counsel unless permitted by applicable ethical rules and disclosed to you (for instance, in a co-counsel arrangement), and in no event will additional fees be charged to you because of a referral without your prior approval. You agree that the Firm is not liable for any errors or omissions of independent outside counsel. This disclaimer in no way reduces any duties or responsibilities we owe you when we act as lead counsel; it simply clarifies that we are not vicariously responsible for lawyers who are not part of our Firm.

Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to your use of the Site or these Terms shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to its conflict of laws principles. By using this Site, you consent to the personal and exclusive jurisdiction of the state and federal courts located in North Dakota for the resolution of any disputes arising from or related to these Terms or your use of the Site. You further waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts, on the basis of inconvenient forum or otherwise.

Although the Site may be accessible from other jurisdictions and may reference services or information that are not available in your state or country, users who choose to access the Site from outside North Dakota do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Firm makes no representations that the content of this Site is appropriate or available for use in other locations.

Changes to These Terms

We may revise or update these Terms of Service from time to time in our sole discretion. Any changes will be effective immediately upon posting of the updated Terms on this Site, unless a later effective date is indicated. We will update the "Terms of Service" page with the latest version when changes are made. It is your responsibility to review this page periodically to be aware of any changes. Your continued use of the Site after any modifications to the Terms signifies your acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Site.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the fullest extent permitted by law, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving the intent of these Terms to the greatest extent possible.

No Waiver

No waiver by Heartland Law Office, P.C. of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Firm to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. All waivers must be in writing to be effective.

Entire Agreement

These Terms (together with any other legal notices or policies posted on the Site, such as our Privacy Policy) constitute the entire agreement between you and Heartland Law Office, P.C. regarding your use of this Site, and supersede any prior agreements or understandings (whether oral or written) relating to your use of the Site. However, these Terms do not supersede or modify any written engagement (retainer) agreement you may enter into with Heartland Law Office, P.C. for legal services. In the event you become a client and there is any conflict between these Website Terms and the terms of your engagement agreement, the engagement agreement will govern the provision of legal services, while these Terms will continue to apply to issues relating to your use of this Site.

Contact Information

This website is operated by Heartland Law Office, P.C., located at 418 N 2nd Street, Bismarck, ND 58501, USA. If you have any questions, concerns, or comments regarding these Terms of Service or the Site, please feel free to contact us:

Phone: 701-587-8423
Email: admin@701justice.com
Mail: Heartland Law Office, P.C., 418 N 2nd Street, Bismarck, ND 58501, USA

We value your feedback and will do our best to address any issues brought to our attention.