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TERMS
OF USE AGREEMENT 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. Modifications to the Terms of Use: The Terms of 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 of the Terms of Use at any time. Such changes shall become effective immediately upon posting. If you use our service or our website after any such changes to the Terms of Use are posted, it means you have accepted all changes to the Terms of Use. It is your responsibility to review the Terms of Use every time you use our service or visit our website. Communication Medium: LawLink is a communication medium only. Users are permitted to post 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
Guarantee, Promise or Warranty of Any Kind Eligibility: You must be an attorney licensed to practice law in the 50 United States or Washington DC to become a LawLink member. 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. 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 to pursue legal action against you to enforce these Terms of Use, you will be liable to pay LawLink the following amounts as liquidated damages, which you accept as reasonable damages for the following breaches of these Terms of Use: 1. If you attempt to join LawLink and you are NOT an attorney licensed to practice law in at least one state in the US or Washington DC or Puerto Rico or Guam, 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. Fees: LawLink is currently 100% free for all users. LawLink reserves the right to start charging a fee for any of its services. Prior notice shall be provided in the event LawLink decides to start charging a fee for any service and users will never be charged a fee for anything unless they specifically agree to such a fee PRIOR to incurring any fee. Order of Search Results: The order or rank of all LawLink search results are determined by these factors: 1. Photos: Members with a photo always have priority over members without a photo. 2. Brochure 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. Colleagues: After taking into account photos and content, the next criteria is how may colleagues you have. If the above factors (photos and content) are equal, then whoever has more colleagues has priority. 4. 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. 5. 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. Use LawLink At Your Own Risk: LawLink attempts to verify that all LawLink members are licensed attorneys. However, LawLink does not and cannot guarantee that all LawLink members are licensed attorneys. 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. Please note: • 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. 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 business. 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 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. 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. CONTENT AND CONDUCT License: By posting content on LawLink, users grant us a non-exclusive, worldwide, perpetual, fully paid license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any "Rights" that may exist in such Content. 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: • 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 activity. • 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. • Posting in the wrong category. • Posting the same listing over and over to the extent that it becomes annoying to other users. We recommend that you do NOT post the same listing more than once a week. • 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. 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. Intellectual Property Rights: 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: info@lawlink.com
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. 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. Modification of Terms of Use: We reserve the right 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 responsibility to check the Terms of Use each time our service 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. MISCELLANEOUS 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 the American Arbitration Association in accordance with its rules. Such arbitration shall occur in San Francisco, California. The American Arbitration Association 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. |
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