Last Modified: March 17, 2014
I. LIMITATION OF LIABILITY
Legally Binding Contract: This agreement is a legally binding contract. Your
use of this website in any way constitutes your agreement to all of the terms contained
herein. If you do not agree to abide by all of the terms contained herein you must
immediately stop using our service and accessing our website.
to time without further notice. LawLink reserves the right at our sole discretion
changes shall become effective immediately upon posting. If you use our service
Communication Medium: LawLink is a communication medium only. Users are permitted
to post and upload content on our website which other users can read. Users are
able to connect with other users. We may change, suspend or discontinue this service
at any time without prior notice. We may also impose limits on certain features
or services without prior notice.
No Promise of Any Benefit: LawLink makes no guarantee, promise or warranty
of any kind that any user will benefit in any way from using our services. LawLink
does not guarantee that any user of our services will benefit in any way from using
our services. Thus, all users of our services assume the risk that they will not
benefit in any way from using our services.
Use LawLink At Your Own Risk: Users who engage in business or social dealings
with other users do so at their own risk. We highly recommend for safety reasons
that users be very careful, engage in due diligence and use an abundance of common
sense before meeting or dealing with other users. You acknowledge that identities
of other users may be concocted.
No Liability For Reliance on Information From Website: LawLink does not guarantee
that any of the information posted on this website or uploaded to this website by
other members is accurate. You agree that you use any such information at your own
risk. You agree that you will not hold LawLink or any LawLink member liable for
any injury or damage that might result from your reliance on any information. LawLink
strongly recommends that you consult with an attorney in person before relying on
any information obtained from this website.
No Warranty of Any Kind: LawLink does not warrant or make any representations
about the suitability of the services, information, or software contained on our
website for any purpose. Our service is provided "as is" or "as available"
without warranty of any kind. We specifically disclaim any warranty of title, non-infringement,
merchantability and fitness of use. We do not promise, warrant or guarantee that
our service will yield any type of result such as the acquisition of new clients
Limitation of Liability: Under no circumstances, including negligence, will
LawLink be liable for any damages of any type including but not limited to direct,
indirect, incidental, special, exemplary, or consequential damages, loss of revenues,
goodwill or lost profits, personal injury, advertising injury, or property damage
that may result from the use of our service or the inability to use our service.
Indemnity: User hereby agrees at his or her own expense, to indemnify, defend
and hold LawLink harmless from and against any loss, cost, damages, liability, or
expense arising out of or relating to (1) a third-party claim, action or allegation
of infringement based on information, data, files or other content that the User
submits to our site; (2) any fraud, manipulation, or other breach of this Agreement
by a User.
No Guarantee re: Accessibility to Site: LawLink does not guarantee continuous,
uninterrupted or secure access to our website or services. Operation of our website
may be interfered with and interrupted by numerous factors within or outside of
our control. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY TYPE INCLUDING
BUT NOT LIMITED TO LOST PROFITS, DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL,
CONSEQUENTIAL AND PUNITIVE DAMAGES THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED
WITH ANY INTERRUPTION IN SERVICE.
No Responsibility for Content Posted on Our Website: LawLink does not screen,
edit or review content that is posted on our website. Consequently, we are not and
cannot be responsible for the content on our website. Users agree that all content
including information, data, text, photos, music, graphics, video and other materials
whether publicly posted or privately transmitted is the sole responsibility of the
party from which such content originated. As such, users understand and accept that
by using this service they may be exposed to content that is false, offensive, inaccurate,
indecent or objectionable. We make no warranty as to the accuracy of the content
and expressly disclaim any and all liability for any claims of damage that may arise
from the posting or transmission of content. Users specifically agree that LawLink
shall not be liable for any content posted on or communicated through our website.
Users assume and bear all the risk of using any user-generated content posted on
our site in the event such content turns out to be inaccurate, misleading or injurious.
Top Rated Attorney/Member Feature: LawLink makes no warranty or
representation as to the experience, ability or skill of the attorneys and other
members it features as either the Top Attorney or Featured Attorney. The Top Rated
Attorney is determined by participation in the LawLink community. LawLink reserves
the right to discontinue this feature at any time.
Right to Remove: LawLink reserves the right not to post or to remove any
content posted on our website without notice and without liability to us. We are
under no obligation to remove any content and we do so at our sole discretion. Users
release us from any and all claims that may result from such removal. If we are
made aware of comments that are potentially (1) libelous, scandalous, defamatory,
offensive or otherwise unacceptable, undesirable, or objectionable, or (2) a violation
of any law, regulation, or rights of a third party, including, but not limited to,
rights under the copyright law and prohibitions on libel, slander and invasion of
privacy, then we may, at our sole discretion, investigate the charge and determine
whether removal of the content is warranted.
No Attorney Client Relationship Established: You agree that no attorney client
relationship is ever established simply by your using LawLink. You agree that for
you to form an attorney client relationship with any attorney, it must be done offline.
Disclaimers: LawLink is never involved in any personal or business transaction
between users who connect as a result of our website. As a result, we have no control
over the quality, performance, timing, safety and legality of said transaction.
LawLink has no control over the truth or accuracy of the content posted by our users.
Nor do we guarantee the accuracy of the content that is posted on our site by our
users. Users should never rely exclusively on the content posted by other users
and should always independently verify all such information.
LawLink does not guarantee the authenticity of the identity of any user. Users are
solely responsible for authenticating the identity of other users. Users acknowledge
that identities may be concocted and that other users may be underage, acting under
false pretenses, or acting without authority.
Users are strongly advised to authenticate the identity of other users using traditional
offline methods such as the Better Business Bureau, local professional organizations,
references, licensing bureaus, credit reports, etc.
II. ELIGIBILITY REQUIREMENTS
Joining LawLink Is At Our Sole Discretion: LawLink reserves the right in its sole discretion to bar any person or company from joining LawLink. LawLink does not allow persons or companies that operate websites similar to LawLink to create accounts to advertise their websites. This would include, but is not limited to, other social networks for attorneys or websites that allow consumers to find attorneys.
The Attorney Network:
To join the Attorney Network, you must be an attorney
licensed to practice law in your jurisdiction. Attorneys who are suspended or who
have been disbarred are not eligible. If at any time during your LawLink membership,
you lose your license to practice law, you must immediately notify LawLink so that
your membership can be revoked.
The Law Student Network: To join the Law Student Network, you must be a student
currently enrolled in law school.
The Law Professional Network: To join the Law Professional network, you must
currently working in ONE of the following fields and have a working business address
and telephone number:
• Attorney Placement
• Case Financing
• Court Reporter
• Expert Witness
• Law Librarian
• Process Server
• Structured Settlement
• Trial Consultant
• Video Consultant
The Expert Witness Network: To join the Expert Witness Network, you must
be currently providing expert witness services.
Fraudulent Applications: Any attempt to fabricate your identity when submitting
an application for membership is fraudulent and legal action may be taken against
Liquidated Damages: You understand and agree that because damages are often
difficult to quantify, if LawLink is required to pursue legal action against you
as liquidated damages, which you accept as reasonable damages for the following
If you attempt to join LawLink and submit a fraudulent application in an attempt
to circumvent the eligibility requirements set forth above, you agree that the reasonable
damages for such a breach is $10,000.00.
LawLink reserves the right in its sole discretion to ban any person or business
from using LawLink. USERS WHO VIOLATE THE TERMS OF SERVICE MAY BE PERMANENTLY BANNED
FROM USING THIS SERVICE.
III. CONTENT AND CONDUCT
User Profiles: LawLink reserves the right to
enhance a user's profile by adding content from the user's own website, including
photos. User agrees to this as a condition of joining LawLink and being in our Directory of Attorneys and Other Legal Professionals. User maintains the right to delete their profile and account at any time.
One Profile Per User: A user is only allowed to create one profile. Multiple profiles for one person are not allowed.
Customized Public Profile URLs (Vanity URLs):
Users are permitted to select their own URL to their public profile. For example:
lawlink.com/janedoe. A user's default URL is their first/last name. If you change
your URL, it will not be effective until midnight of the day you make the change.
LawLink reserves the right to disallow the use of any URL name at our sole discretion
and for any reason, including but not limited to trademark infringement, inappropriate
language as defined by us, and for our own business purpose. For example, if LawLink
develops an application for cellphones, LawLink reserves the right to disallow the
use of the name "cellphones" so that we can use the name even though this
name has been in use by a member for a period of time.
License: See Intellectual Property section below.
Posting Policies: Software files, images, text or other information transmitted,
posted, linked or uploaded on or through our website must not be abusive, defamatory,
obscene, fraudulent, or in violation of applicable laws. We do not permit linking
to adult or x-rated websites.
Prohibited Conduct: You are responsible and liable for all of your activities
and listings on our website. The following conduct is not permitted:
You are not permitted to advertise, promote or market a commercial website aimed
at the legal community that competes with LawLink without our express written permission.
The transmission or posting of content that is defamatory, harmful, threatening,
harassing, abusive, racially offensive, vulgar, sexually explicit, pornographic
The transmission or posting of unsolicited or unauthorized advertising, promotional
materials, direct marketing pieces, junk mail, junk advertising, spam, chain letters,
pyramid schemes, or any other form of solicitations not authorized by us.
The transmission of materials that contain viruses, or any type of computer codes
designed to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment.
The posting of content that is illegal, infringes on the intellectual property of
another or in any way encourages or solicits illegal activity.
The posting of pornographic or x-rated material. Linking to adult websites. Offering
Impersonating any person or entity or mispresenting your affiliation with another
person or entity.
Harvesting email addresses. Using LawLink to email our users to market or advertise
anything unrelated to the user's listing.
Disrupting the flow of content or discussion by repeatedly posting the same content
over and over.
Harassing other users via email or listings. Unsolicited "spam" messages
unless expressly authorized by the recipient.
Using LawLink for direct marketing or other sales contacts outside our service.
Manipulating the content of another user.
Forging headers or otherwise manipulating identifiers in order to disguise the origin
of any content transmitted through our service.
Using an automated devise, program, algorithm or bot program to create or respond
to request, or to otherwise extract information from our website.
Interfering with or disrupting our service or the servers or networks connected
to our service.
Usernames or listings that contain obscene words, derogatory or racist remarks,
or references to sexual acts or sexual anatomy.
Harvesting content from the LawLink site for use on another website.
Violation of any of the above can result in the termination of user privileges.
Termination of Access: LawLink may terminate your access to our website and
service at any time for any reason. Once your access is terminated, you cannot engage
in the service in any manner or for any reason without the express written consent
Junk or Fraudulent Advertising: LawLink reserves the right to require a name,
physical address and telephone number from any user as a condition precedent for
posting content on our site.
IV. INTELLECTUAL PROPERTY
Ownership: LawLink retains ownership of all right, title and interest in
and to our website, our services and all content on our site. User retains ownership
of content he or she posts on our site. User does not transfer ownership or copyrights
by posting content on our site. User shall not reproduce, duplicate, copy, sell,
resell or exploit for any commercial purpose our services, and/or content or access
to our services and content. User shall not reverse engineer, decompile, or otherwise
attempt to derive source code from any software accessible or available through
User Content: By submitting, posting, uploading or sending any content to
our website, User grants us and our affiliates a royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and worldwide license to use such content
on the LawLink website. User also warrants that the holder of any intellectual property
or other proprietary rights in that information have been licensed, waived or assigned
to the extent necessary to grant the license from User to us.
Software: Software made available to download or use from our website is
our copyrighted work. Use of the software is governed by the terms of the end user
license agreement, if any, which accompanies the software. Users may not use any
software unless they first agree to the license agreement terms. We grant to users
a personal, nontransferable license to use our software for viewing and otherwise
using this website in accordance with these terms, conditions and notices, and for
no other purpose. All software, including without limitation contained in this website,
is owned by us and is protected by copyright laws and International treaty provisions.
Any reproduction or redistribution of the software is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible. Users acknowledge that the software and any accompanying
documentation and/or technical information is subject to applicable export control
laws and regulations of the U.S.A. Users agree not to export or re-export the software,
directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
Copyright and Trademark: The content, organization, gathering, compilation,
magnetic translation, digital conversion and other matters related to the website
are protected under applicable copyrights, trademarks, and other proprietary (including
but not limited to intellectual property) rights, and, any copying, redistribution,
or publication of any such content or any part of the Site is prohibited. All contents
of this website are: Copyright 2007 LawLink. All rights reserved.
Intellectual Property Rights of Others: By transmitting, posting, linking
or uploading content to our website or through our website, users represent and
warrant that the content does not infringe upon the copyright or any other statutory
or common-law intellectual property rights (including, but not limited to, trademark,
service mark, and trade name rights), proprietary rights (including, but not limited
to, trade secrets), or rights of privacy or publicity of any third party.
Digital Millennium Copyright Act: If you believe that your copyright has
been violated in any way, please provide us with the following information:
1. An electronic or physical signature of the owner of the copyright or of the person
authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed in addition
to the URL (i.e., Internet address) or other specific location on the Service where
the material that you claim is infringing is located, including enough information
to allow us to locate the material and why you believe an infringement has taken
3. A description of the location where the original or an authorized copy of the
copyrighted work exists, for example the URL (i.e., Internet address) where it is
posted or the name of the book in which it has been published.
4. Your address, telephone number, and e-mail address.
5. A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law.
6. A statement by you made under penalty of perjury that the information in your
Notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
Our Copyright Agent for Notice of Claims of Copyright Infringement can be reached
V. TERMINATION AND MODIFICATION OF AGREEMENT
Modification of Site: LawLink reserves the right in our sole discretion to
improve, modify or remove any information or content appearing on the website. We
may discontinue or revise any or all aspects of the website in our sole discretion
and without prior notice.
and notices under which this website is offered at any time. Modification of this
contract will be deemed effective upon publication on the website with respect to
any user's actions, communications or transactions occurring after said date.
or website is used.
Termination: We reserve the right to terminate any User for any reason, including
without limitation to whenever a User breaches any of the terms or conditions of
this Agreement. We may, at our sole discretion, suspend provision of services (including
access) or terminate this Agreement. Whether or not a breach results in suspension
or termination depends on several factors, including but not limited to the severity
of the breach, the potential harm to other users or to us or the integrity of our
site, and whether or not the breach is repeated or cured. Termination may be affected
without any prior notice. Users agree that no liability shall arise from any termination.
Deleting Account: You can delete your account at any time by going
to the Privacy section in the Edit Account section.
New As of November 3, 2010: LawLink has
entered into an arrangment with nSphere Inc. to drive traffic to our members' public
profiles. nSphere has endeavored to create an online source of location information
on a variety of topics including legal topics. LawLink members who have public profiles
will be featured on the nSphere web pages if their main practice area pertains to
the web page. The following information is provided:
Name, Address, Telephone, Practice Area, Bar Admission Date, Law School, Undergraduate
School and Professional Organizations.
You can exclude your participation in the nSphere arrangement at any time by sending
us an email at firstname.lastname@example.org
This arrangement does not involve any monetary compensation between LawLink and
nSphere and LawLink can cancel this arrangement at any time on 30 days notice to
LawLink is Free: LawLink is 100% free for all users. LawLink does not guarantee
that it will always be free.
Order of Directory Rankings and Search Results: The
order or rank of the Directory and LawLink search results are determined by these
1. Photos: Members with a photo always have priority over members without a photo.
2. Profile Content: Amongst members with a photo, members with content in their
brochure will have priority over those who don't. Amongst members without a
photo, whoever has content in their brochure will have priority over those who don't.
But remember, members with a photo ALWAYS have priority over members without a photo.
*3. LawLink Points:
LawLink members earn points for contributing content to the LawLink community.
One point is awarded for doing any of the following:
• Uploading a Document
• Posting a Forum Topic
• Posting a Forum Comment
• Posting a Question or Answer
• Posting a Comment to News Item
• Posting a Classified Ad
LawLink Members with the most points appear before members with fewer points.
4. Colleagues: After taking into account photos, content, and points, the next criteria
is how may colleagues you have. If the above factors (photos and content and points)
are equal, then whoever has more colleagues has priority.
5. Endorsements: After taking into account photos, content and colleagues, the next
criteria is endorsements. If the above factors (photos, content and colleagues)
are equal, then whoever has more endorsements has priority.
6. Date of Joining: If the above factors (photos, content, colleagues and endorsements)
are equal, then whoever joined LawLink first has priority.
*Note: LawLink reserves the right without prior notice
to change the current ranking procedure.
Newsletter: By joining LawLink, you acknowledge and agree that
you may be sent a newsletter. You can opt out of the newsletter at any time by so
indicating when you receive your first newsletter.
Public Profiles: When you join LawLink a Public Profile is automatically
created. Your Public Profile is accessible to the public. You have the option of
hiding your Public Profile and allowing only LawLink members view your profile.
Entire Agreement: This Terms of Service Agreement constitutes the entire
agreement between the User and LawLink with respect to our services and supersedes
all prior agreements between User and us. In the event that a portion of this Agreement
is held unenforceable, the unenforceable portion will be construed in accordance
with applicable law as nearly as possible to reflect the original intentions of
the parties, and the remainder of the provisions will remain in full force and effect.
Waiver by either party of a breach of any provision of this Agreement or the failure
by either party to exercise any right hereunder shall not operate or be construed
as a waiver of any subsequent breach of that right or as a waiver of any other right.
Binding Arbitration: Any dispute, controversy, or claim arising out of, relating
to, or concerning the interpretation or performance of this Agreement, or related
to the use of LawLink, that cannot be resolved through negotiation shall be submitted
to binding arbitration by JAMS in accordance with its rules. Such arbitration shall
occur in San Francisco, California. JAMS shall have exclusive jurisdiction over
any such dispute. Any judgment on the award rendered by the arbitrator, if any,
may be entered in any court having jurisdiction thereof. By agreeing to binding
arbitration, all parties hereby waive their right to a jury trial and the right
Waiver of Right to Pursue Claim via Class Action or Collective Action: Users
waive the right to pursue a claim against LawLink in a class action or collective
action in both arbitration or in court. In a class action or collective action,
multiple plaintiffs join forces and pursue a claim in a single action. Users agree
that they must pursue individual claims via the arbitration procedure set forth
Governing Law: The laws of the United States of America and the State of
California (excluding its choice of law rules) will govern interpretation and enforcement
of this Agreement. User hereby consents to personal jurisdiction in the federal
and state courts of California for any action arising out of or relating to use
of LawLink. The federal and state courts of San Francisco County, California will
have non-exclusive jurisdiction over all such actions.