Last Updated: September 5, 2013
Welcome to www.legaladvocatelink.com, the Web site (“Site”) (“Legal Advocate Link”, “we” or “us”).
1. ACCEPTANCE & CHANGES
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST STOP USING THE SITE IMMEDIATELY.
a. “Affiliate” means any business entity that Legal Advocate Link has a business or contractual relationship with, including, but not limited to, its agents, partners, associates and parent or subsidiary entities.
b. “Content” means any intellectual property, data, or communications transmitted by Legal Advocate Link, its users or third parties via the Legal Advocate Link platform (“Platform”) including, but not limited to comments, editorial content, featured site profiles, files, images, listings, logos, messages, postings, questions and answers, ratings, recommendations, reviews, text, trademarks or videos. It also includes all content generated by Legal Advocate Link.
c. “Legal Advocate Link Technology” means past, present and future intellectual property and related rights in the Platform, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on the Platform and the Platform itself, including, but not limited to the selection, sequence, “look and feel” and arrangement of items on the Platform, and all Legal Advocate Link marks, domain names, patents and other intellectual property.
3. Legal Advocate Link CONTENT AND TECHNOLOGY
Unless otherwise noted, all Content and Legal Advocate Link Content is owned, controlled or licensed by Legal Advocate Link. Legal Advocate Link Content is protected by copyright, trademark, service mark, and/or other intellectual property rights. You understand and agree that you shall acquire no rights in Legal Advocate Link Content or in Legal Advocate Link Technology unless otherwise noted in writing.
a. License to Access and/or Use. Legal Advocate Link grants you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use Legal Advocate Link Content and Legal Advocate Link Technology to learn about Legal Advocate Link’s services. You agree and understand that with the exception of this limited license, you have no rights in or to the Legal Advocate Link Content or Legal Advocate Link Technology unless otherwise noted in writing. This limited license terminates automatically and without notice to you if you breach this Agreement.
b. Reservation of Rights. Legal Advocate Link reserves all rights not expressly granted in this Agreement unless otherwise noted in writing.
c. Prevention of Unauthorized Use. Legal Advocate Link reserves the right to employ whatever lawful means it considers necessary to prevent unauthorized use of the Site, Legal Advocate Link Content and/or Legal Advocate Link Technology, including, but not limited to, technological barriers, IP mapping and contacting your Internet Service Provider (ISP).
4. NO USERS UNDER 18
If you are under 18, you may not access or use the Site. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18. In compliance with COPPA, we do not knowingly collect personally identifiable information from users under 13.
5. PERSONAL USE ONLY
The Site is available only for users’ personal non-commercial use. Any other use is prohibited, unless otherwise noted in writing to you by Legal Advocate Link.
You may not do or encourage any of the following:
a. Sell, resell, lease, sublicense, market, distribute, assign or otherwise transfer rights to or commercially exploit any portion of the Site;
b. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
c. “Scrape” the Site, or use any bot, spider, data miner or automated agent to access and/or use the Site or gain access to or use any Legal Advocate Link Content;
d. Reformat, copy, reproduce, modify, translate or create derivative works of or display any portion of the Site, or mirror and/or frame any pages of the Site on any other Web site;
e. Attempt to decipher, decompile, disassemble, or reverse engineer any Legal Advocate Link Technology;
f. Remove any proprietary, copyright, patent, trademark, design right, trade secret, or any other proprietary right of the Site; or
g. Use the Site (i) for any unlawful, unsafe, malicious or abusive purpose, (ii) for interfering with others’ use of the Site, (iii) in such a way as to defraud Legal Advocate Link or any third party, or (iv) to create damage or risk to us or any third party’s business, network or facilities.
7. USER SUSPENSION & TERMINATION
We reserve the right to suspend and/or terminate your use of the Site at any time for any reason and without notice to you. The Agreement is likely to be terminated by us in the event that you breach any of your duties, obligations or responsibilities under this Agreement. Upon or following termination, we shall have no liability to you or any further obligations under this Agreement.
8. LIQUIDATED DAMAGES
You acknowledge and agree that if you violate provision 5. and/or 6. of this Agreement, in addition to any other remedies available to Legal Advocate Link, we will be entitled to liquidated damages in the amount of fifty-thousand dollars ($50,000). You acknowledge and agree that these liquidated damages are a fair, reasonable and accurate estimate of Legal Advocate Link’s actual damages resulting from a breach of these provisions and that such liquidated damages shall not be construed as a penalty or as punitive damages against you.
9. USE OF OUR SERVICES
You agree that by voluntarily providing us with your personal information, you are making an inquiry and thereby entering into a business relationship with Legal Advocate Link. You are requesting that Legal Advocate Link distribute your information to its Affiliates and you expressly request and consent to be contacted by telephone, email, letter and/or fax by Legal Advocate Link , its employees, representatives, agents, Affiliates, and third party contracted vendors with information related to your inquiry as well as other promotions and offers, even if a telephone number you provide is on a federal, state, or wireless Do Not Call list. You expressly confirm you understand that these telephone calls, emails, letters and/or faxes are being made pursuant to your request for such communications.
YOU UNDERSTAND THAT CONTENT PROVIDED ON AND/OR THROUGH THE SITE IS ADVERTISING MATERIAL ONLY. NO CONTENT PROVIDED ON AND/OR THROUGH THE SITE MAY BE CONSTRUED AS MEDICAL, LEGAL OR OTHER ADVICE. You also understand and agree that Legal Advocate Link is not a lawyer referral service and that providing information to the Site does not form an attorney-client relationship. Certain states may consider this an attorney advertisement.
Information provided by you to the Site constitutes solely a request to have a law firm contact you about your case. Accordingly, you understand and agree that information you voluntarily provide us will be reviewed by more than one attorney and/or law firm and that you may be contacted by more than one attorney and/or law firm. You agree that the information that you receive in response is for general information purposes and that you will not be charged for this response.
You further understand and agree that the laws of each state vary and you will not rely upon this information as legal advice. Since this matter may require advice particular to your home state, you understand and agree that local counsel may be contacted for referral of this matter, and that Legal Advocate Link bears no responsibility for retaining local counsel or otherwise as a result of your submission of contact information to Legal Advocate Link .
You also understand and agree that you are solely responsible for investigating any attorney or law firm that contacts you and that (i) neither Legal Advocate Link, nor its Affiliates may be held responsible for any claims you may have resulting from the services or information you may receive; and (ii) Legal Advocate Link makes no representations or warranties regarding the licensing, bonding or qualifications of any person who may contact you based on the submission of your information to Legal Advocate Link .
Any results appearing on the Site are specific to a particular case and do not represent a guarantee or prediction of future results.
11. LINKING & FRAMING
The Site may provide links to other sites (each a “linked site”) and allow you to leave the Site to access third party material or bring third party material to the site via “inverse” hyperlinks and framing technology. We have no discretion to alter, update, or control the content of a linked site. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.
12. NON-RELIANCE ON SITE
Legal Advocate Link may discontinue or change any Legal Advocate Link Content, service, function, or feature of the Site at any time with or without notice.
13. DISCLAIMER OF WARRANTIES
a. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT ENGAGED IN RENDERING PROFESSIONAL SERVICES OR ADVICE.
b. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
c. THE ADVERTISERS APPEARING ON OR THROUGH THE SITE ARE NOT OUR AGENTS, PARTNERS OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM;
d. WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS; (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE; OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT; (c) INABILITY OF USER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (d) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET; (e) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS; OR (f) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
e. WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.
f. NEITHER Legal Advocate Link , NOR THE SITE IS AFFILIATED WITH, SPONSORED, ENDORSED, OR APPROVED BY THE MANUFACTURERS OF ANY OF THE PRODUCTS MENTIONED ON THE SITE.
14. LIMITATION OF LIABILITY
a. IN NO EVENT, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON RESULTING FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, OR FOR ANY OTHER REASON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
b. WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
c. WE SHALL BE LIABLE TO USER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.
d. YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
e. USERS WHO RESIDE IN CALIFORNIA AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold us, our affiliates, employees, officers, directors and shareholders (each an “Indemnitee”) harmless from and against any claims, suits, actions or proceedings (“Claims”) brought and damages, costs (including attorneys’ fees) and/or judgments awarded against us that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of user’s use of the Site or user’s actions; (ii) breach by user of this Agreement; or (iii) user’s failure to comply with all applicable laws. We shall give user written notice of such Claims, permit user to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give user information and assistance reasonably requested by user in connection with such Claims.
16. AS IS, WITH ALL FAULTS
The Site is provided on an “AS IS” and “WITH ALL FAULTS” basis.
The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, indemnification/defense, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.
a. Notice. We may give notice by means of a general notice through the Site. You may give notice to us at any time by any of the following: electronic mail with confirmed receipt to firstname.lastname@example.org .
b. Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, strikes or labor disputes, inability to procure or obtain delivery of parts, supplies, power, telecommunication services, equipment or software from suppliers, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take reasonable steps to avoid or remove such cause of non-performance and shall promptly resume performance hereunder whenever such causes are removed.
c. Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.
d. Assignment. User may not, without our prior written consent (which may be given or withheld in our sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third person. We may assign this Agreement to any person or entity without your consent. We may delegate to our affiliates, agents, suppliers and contractors any of the obligations herein imposed upon us and we may disclose to any such persons any information required by them to perform the duties so delegated to them.
e. Waiver. A failure or delay by us to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement.
f. Governing Law; Forum; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict or choice of law rules or principles. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California or in the United States District Court for the Central District of California for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof brought by any party hereto; and hereby waive and agree not to assert as a defense or otherwise, in any such suit action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper.
g. Waiver of Jury Trial and Class Suit. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, partners, limited partners, agents or affiliates, relating to or arising from your use of the Site or this Agreement that YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
h. Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
i. Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation,” and (v) references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguities shall not be interpreted against the drafting party.
j. Attorneys’ Fees. If any legal action between you and us is necessary in order to enforce any of the terms of this Agreement, the prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
k. Relationship. These Terms create no agency, partnership, joint venture, or employee-employer relationship between you and Legal Advocate Link , unless otherwise noted in writing by Legal Advocate Link.
l. Entire Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes prior agreements and all prior discussions between the parties, relating to the subject matter contained herein. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and signed by a duly authorized officer or representative of the party to be bound thereby.
19. INTERNATIONAL USE
Legal Advocate Link makes no representation or warranty the Site or its services are appropriate or available outside the U.S. If you choose to access or use the Site from outside the U.S., you do so on your own initiative and will be solely responsible for compliance with local laws.
20. CONTACT US
Any comments or requests for further information may be directed to:
Legal Advocate Link