Effective Date: March 19, 2012
LEGALADVICE MAY, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. LEGALADVICE RESERVES THE RIGHT TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE IN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT LEGALADVICE MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine, excluding search engine spiders that comply with LegalAdvice’s robots.txt file. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.
2. Ownership of License Website Content
You acknowledge and agree that LegalAdvice is the owner or exclusive licensee of the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of LegalAdvice. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with LegalAdvice’s robots.txt file.
LegalAdvice hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to LegalAdvice.
LEGAL ADVICE and the LEGAL ADVICE logo are common law or registered trademarks owned by or licensed to LegalAdvice. Additionally, the Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of LegalAdvice. You are prohibited from using the LEGAL ADVICE mark, LEGAL ADVICE logo mark, and LEGAL ADVICE trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in a domain name, meta tag, trade name, trademark, pay per click advertising, or otherwise, without the prior written consent of LegalAdvice. All other trademarks, trade names, or logos displayed on the Website are the property of their respective owners.
4. User Generated Content
LegalAdvice may provide you with the ability to submit user generated content to the Website, which may include but is not limited to text, photos, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User Generated Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated Content.
By submitting User Generated Content to the Website, you grant LegalAdvice a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
5. Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that LegalAdvice does not own or control. You agree that LegalAdvice will not be held responsible or liable for the content of third party websites, applications, or services and that LegalAdvice’s inclusion of those websites, applications, or services within its Website does not constitute LegalAdvice’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
6. Attorney Accounts
LegalAdvice may provide you with the ability to register an Attorney Account, which may provide licensed attorneys with access to additional areas and features of the Website that are not accessible to non-members, such as the ability to answer questions submitted through the Ask a Lawyer Form, the ability to receive leads through the Website, inclusion in the Website directory, premium directory placement, and other benefits (collectively “Attorney Account”). By creating an Attorney Account, you warrant that you are: (i) a licensed attorney in good standing within at least one state within the United States; (ii) competent to practice within the practice areas specified in your Attorney Account profile; and (iii) in full compliance with the laws of the state(s) in which you are admitted to practice. By creating an Attorney Account, you also represent and warrant that you are not bound by or a party to any exclusive arrangement or agreement, whether contractual or otherwise, that would prohibit you from using the Website and its associated services. You agree that LegalAdvice may contact you by any available means, including but not limited to by email.
Your Attorney Account is protected by a username and password. You acknowledge that you are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Attorney Account, whether authorized or unauthorized. In the event your Attorney Account is accessed without your authorization, you agree to immediately provide notice to LegalAdvice.
You have a duty to ensure that the information that you provide through your Attorney Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Attorney Account if and when that information changes, including but not limited to the status of your professional license. You are expressly prohibited from creating an Attorney Account that impersonates another person, contains offensive or obscene language, or otherwise violates the law or the rights of a third party. You expressly agree that you will not register more than one Attorney Account and that you will not use your Attorney Account to interfere with or disrupt a third party’s enjoyment and use of the Website. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your Attorney Account.
LegalAdvice reserves the right to restrict access to, suspend, disable, or delete your Attorney Account at any time, in its sole discretion, and without prior warning.
BY REGISTERING AN ATTORNEY ACCOUNT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE MAY CONSTITUTE ATTORNEY ADVERTISING UNDER THE LAWS OF YOUR STATE. YOU WARRANT THAT YOUR USE OF THE WEBSITE WILL COMPLY WITH ALL APPLICABLE LAWS AND PROFESSIONAL ETHICS RULES, WHETHER LOCAL, STATE, NATIONAL, OR INTERNATIONAL.
You understand and agree that you are solely responsible for any content, information, or advertising that you submit, transmit, display, or post through your Attorney Account. You acknowledge that, through your registration of an Attorney Account, you will be provided with the ability to answer questions submitted by users through the Website’s Ask A Lawyer Form (defined below). You warrant that you will provide competent and truthful legal information in response to questions initiated by users of the website through the Ask A Lawyer Form.
You acknowledge that questions submitted through the Ask A Lawyer Form may contain confidential information, which may include, but is not limited to, any non-public, personal, or personally identifiable information of the submitting user. In the event you respond to a Free Question (defined below), you warrant that you will not post confidential information within your answer. In the event you respond to a Paid Question (defined below), you warrant that you will use the same degree of care to protect the unauthorized disclosure, dissemination, or use of any confidential information contained within that Paid Question that you would to protect your own similar confidential information or the confidential information of your clients.
Through your registration of an Attorney Account, your use of the Website, and your response to questions submitted through the Ask A Lawyer Form, LegalAdvice may provide you with client leads (“Leads”). You understand and agree that you are solely responsible for identifying and informing Leads when and where a client conflict exists. LegalAdvice will not be held responsible or liable for your failure to identify or inform a Lead of a client conflict.
YOU UNDERSTAND AND AGREE THAT LEGAL ADVICE IS A SERVICE PROVIDER AND THAT NO ATTORNEY-CLIENT RELATIONSHIP, WHETHER BETWEEN THE OWNERS OF ATTORNEY ACCOUNTS AND LEGALADVICE OR BETWEEN THE OWNERS OF ATTORNEY ACCOUNTS AND LEADS, WILL BE CREATED THROUGH YOUR USE OF THE WEBSITE OR YOUR REGISTRATION AND USE OF AN ATTORNEY ACCOUNT. YOU WARRANT AND AGREE THAT THE ANSWERS THAT YOU PROVIDE THROUGH YOUR ATTORNEY ACCOUNT WILL BE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND THAT YOU WILL INFORM LEADS THAT THE INFORMATION PROVIDED IS NOT INTENDED TO ACT AS A SUBSTITUTE FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. YOU UNDERSTAND AND AGREE THAT LEGALADVICE HAS INFORMED ITS USERS THAT THE OWNER OF AN ATTORNEY ACCOUNT’S ACCEPTANCE OF PAYMENT FOR ANSWERING A PAID QUESTION WILL BE CONSIDERED THE PAYMENT OF A CONSULTATION FEE FOR GENERAL INFORMATION AND WILL NOT BE DEEMED TO CREATE AND ATTORNEY-CLIENT RELATIONSHIP.
7. Ask A Lawyer Feature
LegalAdvice provides users of the Website with the ability to ask a lawyer a question through its Ask A Lawyer form (“Ask A Lawyer Form”). The Ask A Lawyer Form provides users of the Website with the ability to submit a question to the owner of an Attorney Account. Users of the Ask A Lawyer Form may choose to submit a question for free (“Free Question”) or to pay a nominal consultation fee to the owner of an Attorney Account, which serves as an incentive to answer the question (“Paid Question”).
YOU UNDERSTAND AND AGREE THAT LEGALADVICE IS A SERVICE PROVIDER AND THAT NO ATTORNEY-CLIENT RELATIONSHIP, WHETHER BETWEEN YOU AND LEGALADVICE OR BETWEEN YOU AND THE OWNER OF AN ATTORNEY ACCOUNT, WILL BE CREATED THROUGH YOUR USE OF THE ASK A LAWYER FORM OR WEBSITE. LEGALADVICE DOES NOT ENDORSE OR RECOMMEND ANY OF THE ATTORNEYS THAT PARTICPATE IN OR ARE LISTED ON ITS WEBSITE. ANSWERS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN AS-IS BASIS AND FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO ACT AS A SUBSTITUTE FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. YOU UNDERSTAND AND AGREE THAT YOUR SUBMISSION OF PAYMENT FOR A PAID QUESTION WILL BE CONSIDERED THE PAYMENT OF A CONSULTATION FEE FOR GENERAL INFORMATION AND WILL NOT BE DEEMED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
You understand and agree that any Free Questions that you may submit through the Website may be publicly displayed, aggregated by search engines, or displayed on third party social networking websites and, as such, you are cautioned to ensure that any Free Questions that you submit to the Website are free of confidential or personal information.
You also understand and agree that though LegalAdvice undertakes commercially reasonable efforts to ensure that any Paid Questions that you submit through the Website are considered and remain confidential, you bear all responsibility for protecting the confidentiality of your Paid Questions. LegalAdvice will not be held liable or responsible for any breach of confidentiality or any public display or aggregation of your confidential or personal information that arises out of or is related to your use of the Ask A Lawyer Form, whether that use is through the submission of a Free Question or a Paid Question. All payments made for Paid Questions are paid directly to the owner of the Attorney Account. LegalAdvice does not collect fees for the answering of Paid Questions.
Though LegalAdvice undertakes commercially reasonable efforts to verify that the owner of an Attorney Account is a licensed attorney in good standing within your jurisdiction, you understand that LegalAdvice’s ability to confirm the identity or qualifications of the owner of an Attorney Account is limited. You use the Website and the Ask A Lawyer Form at your own risk. You are solely responsible for independently confirming the qualifications of the owner of an Attorney Account and for your use of or reliance upon the advice of the owner of an Attorney Account. You are cautioned to use common sense, perform background research, and take adequate precautions when using the Website or the Ask A Lawyer Form.
You understand and agree that LegalAdvice has not performed a conflict check and makes no warranty or guarantee that any owner of an Attorney Account is free of client conflicts. You are solely responsible for independently verifying that the owner of an Attorney Account is not subject to a conflict of interest and LegalAdvice will not be held responsible or liable for any client conflicts, whether real or perceived.
By submitting a question through the Ask A Lawyer Form, you understand and agree that you may not receive a response from the owner of an Attorney Account. You further understand and agree that any response that you may receive from the owner of an Attorney Account may not address your specific needs. Responses to Ask A Lawyer Form inquiries are provided at the discretion of the owners of Attorney Accounts and LegalAdvice will not be held liable or responsible for the failure of the owner of an Attorney Account to submit an answer to a question submitted through the Ask A Lawyer Form or for the contents of any answer.
LegalAdvice reserves the right, in its sole and absolute discretion, to edit, delete, modify, suspend, or substitute any Free Question or Paid Question.
8. User Conduct
You expressly agree that you will not use the Website, the Ask A Lawyer Form, or your Attorney Account to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website or your Attorney Account.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing fees charged by LegalAdvice or the fees associated with the Paid Question portion of LegalAdvice’s Ask A Lawyer Form; circumventing LegalAdvice’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you register an Attorney Account, LegalAdvice may provide you with the ability to purchase a subscription to its Premium or Premium Plus account services, which may provide you with the ability to use areas or features of the Website that are not available to non-paying owners of Attorney Accounts (“Subscription Account”). Additionally, LegalAdvice may provide you with the ability to purchase advertising on the website (“Purchased Advertising”) or with the ability to pay the owner of an Attorney Account to answer a Paid Question (“Purchased Question”). You agree to pay all fees and charges on time, and LegalAdvice may terminate or disable your access to the Website or your Attorney Account if you fail to pay any amount owing to LegalAdvice when due. You agree that you will pay all costs of collection, including legal fees, incurred by LegalAdvice.
You acknowledge and agree that LegalAdvice may charge fees or charges to you for your purchase of a Subscription Account, Purchased Advertising, or Purchased Questions. YOU UNDERSTAND AND AGREE THAT, THROUGH YOUR PURCHASE OF A SUBSCRIPTION ACCOUNT, YOU AUTHORIZE LEGALADVICE TO BILL YOUR PAYMENT METHOD ON A MONTHLY BASIS UNTIL YOU PROVIDE LEGALADVICE WITH YOUR REQUEST TO TERMINATE YOUR SUBSCRIPTION ACCOUNT IN WRITING. You accept responsibility for all reoccurring charges prior to the cancellation of your Subscription Account, and LegalAdvice will not provide you with a refund for a prorated amount upon the cancellation of your Subscription Account. You may edit your Subscription Account options or change your payment method through the Attorney Account control panel.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars. You agree that you will not initiate any chargebacks to LegalAdvice unless otherwise authorized by LegalAdvice in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against LegalAdvice.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify LegalAdvice within ten (10) days of any such dispute. You understand that your failure to notify LegalAdvice of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
LegalAdvice reserves the right at any time to modify or discontinue the Website or any of its associated services without notice and in its sole and absolute discretion. LegalAdvice reserves the right at any time to modify the price charged for the services offered through the Website.
10. LegalAdvice Not An Attorney Referral Service
You acknowledge and agree that LegalAdvice is not an attorney referral service and will not be considered an attorney referral service under the law. You are advised to use caution when interacting with or accepting advice from owners of Attorney Accounts. LegalAdvice does not endorse, approve, sponsor, or recommend any attorney listed on the Website and does not accept or remit payment for attorney referrals.
11. Section 230 of Communications Decency Act
You acknowledge and agree that LegalAdvice is an interactive computer service provider under Section 230 of the Communications Decency Act. Though LegalAdvice may edit, remove, or control the content displayed through the Website, you agree that LegalAdvice will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
12. Typographical Errors
In the event a service is listed on the Website at an incorrect price, LegalAdvice reserves the right to refuse or cancel any orders for that service. You understand that LegalAdvice’s listing of prices constitutes an invitation to deal and that a contract for the sale of services shall not be formed until LegalAdvice accepts and confirms your order. In the event your credit card is charged prior to LegalAdvice’s acceptance and confirmation of your order, your credit card will be credited in the amount paid to LegalAdvice.
13. Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your Attorney Account through its respective control panel. LegalAdvice may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
14. Disclaimer of Warranties
LEGALADVICE DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. LEGALADVICE PROVIDES THE WEBSITE AND THE SERVICES SOLD THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
LEGALADVICE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE PROVIDED BY THE OWNER OF AN ATTORNEY ACCOUNT, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE, WHETHER OR NOT THAT CONTENT IS TRANSMITTED THROUGH ATTORNEY ACCOUNTS. LEGALADVICE IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ATTORNEY ACCOUNT, OR ALTERATION THEREOF. LEGALADVICE RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
15. Limitation of Liability
LEGALADVICE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES SOLD THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT LEGALADVICE CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO LEGALADVICE, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend LegalAdvice, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend LegalAdvice under the terms of this Agreement will not provide you with the right to control LegalAdvice’s defense, and LegalAdvice reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend LegalAdvice.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. LegalAdvice may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
18. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of New York without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against LegalAdvice will be exclusively resolved through arbitration.
YOU AND LEGALADVICE AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM LEGALADVICE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN NEW YORK, NEW YORK AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF NEW YORK AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND LEGALADVICE AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF NEW YORK IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND LEGALADVICE AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
21. No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
22. Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and LegalAdvice will not knowingly collect personally identifiable information from children under the age of eighteen (18). If LegalAdvice inadvertently collects personally identifiable information, LegalAdvice will delete the personally identifiable information in accordance with its security protocols.
23. Limitation On Actions
LEGALADVICE AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
24. Reservation of Rights
All rights not expressly granted herein are reserved to LegalAdvice.
25. Copyright Policy
The Website and its associated content and services are © 2012 Legal Marketing Pages, Corp.
LegalAdvice will respond to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act. LegalAdvice may expeditiously remove copyright infringing materials from its Website, regardless of LegalAdvice’s liability, upon receipt of a notice that complies with the terms of the Digital Millennium Copyright Act’s § 512, located at 17 U.S.C. § 512(c)(3). LegalAdvice, upon removal of any materials that are alleged to be infringing, will make a good faith attempt to notify the owner or uploader of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3).
If you believe that content hosted on the Website infringes upon your copyright rights, please follow the Digital Millennium Copyright Act steps outlined below:
1. If you are a copyright owner, or the authorized agent of a copyright owner, and you believe that content hosted on the Website infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our registered Copyright Agent with the following information in writing:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works and their specific location on the Website;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit LegalAdvice to locate the material;
d. Information reasonably sufficient to permit LegalAdvice to contact you, such as an address, telephone number, fax number, and, if available, an email address;
e. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. LegalAdvice will maintain a designated Copyright Agent, who will receive notifications of alleged infringement. You recognize that if you fail to comply with the requirements of the Digital Millennium Copyright Act’s notification requirements, your DMCA notice may not be processed. Notices of infringement may be sent to:
a. If you believe that content has been removed from the Website in error, you may file a counter-notification with LegalAdvice’s designated Copyright Agent that complies with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3) outlined below. Upon receipt of a counter-notification complying with the requirements of 17 U.S.C. § 512, LegalAdvice may return the allegedly infringing content to the Website.
b. A counter-notification must include:
i. Identification of the specific materials that have been removed from the Website;
ii. Your name, address, telephone number, and email address;
iii. A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
iv. A statement that you consent to federal district court jurisdiction in the district in which your address is located or, if your address is outside of the United States, that you consent to jurisdiction in any district in which Legal may be found and that you will accept service of process from the person who provided notification or their agent; and
v. Your physical or electronic signature.
The terms of this Agreement are enforced by the Internet lawyers of Revision Legal.
Effective Date: March 14, 2012
1. Collection of Personal and Personally Identifiable Information
LegalAdvice may collect personal or personally identifiable information from you when you use the Website or its associated services, including but not limited to the Ask A Lawyer Form. This information may include, but is not limited to, your name, your phone number, your email address, your state, your city, your zip code, the category of law associated with your inquiry, textual information, your country, your bar number, your year of admission, your year(s) of practice, your IP address, your geolocation, your use of the website, and additional technical or analytics data (collectively “Personal Information”).
2. Use of Personal Information
LegalAdvice collects and processes your Personal Information on computers located within the United States. Through your use of the Website, you provide your unequivocal consent to the collection and processing of your Personal Information in the United States.
LegalAdvice may share your Personal Information with third parties where it has obtained your consent, whether express or implied, with third party service providers to provide you with services initiated at your request, with LegalAdvice’s parents, subsidiaries, successors, and assigns, and with LegalAdvice’s business partners who offer services through or in association with the Website.
Except as otherwise stated herein, LegalAdvice will not sell, transfer, or lease your Personal Information to any individual, business, or government entity except to: (1) respond to authorized information requests by government authorities; (2) to respond to a court order or subpoena; (3) to protect the employees, independent contractors, users, members, officers, directors, or shareholders of LegalAdvice; or (4) to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty.
The Personal Information that you provide to LegalAdvice may be publicly displayed, whether on your profile page or through LegalAdvice’s publication of Free Questions. You are solely responsible for the protection of any Personal Information that you submit to the Website, and you are advised to review that Personal Information before you submit it to the Website.
You acknowledge and agree that LegalAdvice is not responsible for any third party links, content, or communications sent to you from entities or individuals that LegalAdvice does not own or control. You are advised to review the privacy policies of third party websites.
4. Accuracy of Information and Opportunity to Opt-Out
If you create an Attorney Account through the Website, you will have the opportunity to update the Personal Information associated with that Attorney Account. You may opt-out of LegalAdvice’s collection of your Personal Information by deleting your Attorney Account and by ceasing your use of the Website.
You are responsible for ensuring that your Personal Information is accurate, current, complete, and relevant. You have an ongoing duty to inform LegalAdvice of any changes in your Personal Information
5. Protection and Storage of Personal Information
LegalAdvice undertakes commercially reasonable efforts to help protect against the unauthorized disclosure of your Personal Information, including through the adoption of encryption protocols. Though LegalAdvice takes the security of your Personal Information seriously, it cannot guarantee that its servers and Website will be completely secure. You provide any and all Personal Information at your own risk.
6. Your California Privacy Rights
California residents have the right to receive information that identifies any third party companies or individuals that LegalAdvice has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting LegalAdvice at firstname.lastname@example.org.
7. Purchase or Sale of the Website or Other Assets
8. Contact and Notices