Last Modified: November 3, 2010 (See Miscellaneous)
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.
Use shall change from time to time without further notice. LawLink reserves
the right at our sole discretion to change, modify, add, or delete portions
upon posting. If you use our service or our website after any such changes
time you use our service or visit our website.
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
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 or
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
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
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
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 you.
Liquidated Damages: You understand and agree that
because damages are often difficult to quantify, if LawLink is required
be liable to pay LawLink the following amounts as liquidated damages, which
you accept as reasonable damages for the following breaches of these Terms
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
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
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
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 or obscene.
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
The posting of pornographic or x-rated material. Linking
to adult websites. Offering prostitution services.
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
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
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 of LawLink.
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 our services.
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 place.
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 as follows:
Copyright Agent: firstname.lastname@example.org
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.
to change the terms, conditions, 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. It is the user's
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.
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
Name, Address, Telephone, Practice
Area, Bar Admission Date, Law School, Undergraduate School and Professional
You can exclude your participation
in the nSphere arrangement at any time by sending us an email at email@example.com
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 nSphere.
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 factors:
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.
LawLink Points: LawLink members earn points for
contributing content to the LawLink community. One point is awarded for
doing any of the following:
a Forum Topic
a Forum Comment
• Posting a Question
• Posting a
Comment to News Item
• Posting a Classified
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
6. Date of Joining: If the above factors (photos, content,
colleagues and endorsements) are equal, then whoever joined LawLink first
*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 to appeal.
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.