LegalMark Solutions LLC
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, OR ANY PREMIUM SERVICES,YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of LawyerCentral.com (the "Site"), located at LawyerCentral.com, and the information and other services provided therein (the "Services"). The site is licensed to and operated by LegalMark Solutions LLC ("LMS"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with LMS, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and LMS for violations of these Site Terms.
LMS reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Any questions regarding the use of the Site, should be directed to Lawyer Central at Support@Lawyercentral.com.
As you navigate within the Site, LMS may be collecting and tracking personal information, either by asking you to tell LMS something about yourself (such as your name, address or email address) or by using data-tracking software that tells us what parts of the Site you have browsed. LMS may collect other information about you, such as your IP address, geographic information, the type of the web browser and operating system you use, and any other information that your web browsing software or Internet Service Provider automatically provides to our Site. We may be collecting and tracking information about the activities in our Site you engage in to help us know what users are interested in. We may also use "cookies" to keep track of visitors. A cookie is a small file stored on the hard drive of your personal computer. If your web browser allows, you may disable the placement of cookies on your hard drive. Disabling the placement of cookies may prevent you from accessing or using portions of the Site. Except as provided below, the Site does not currently share or sell any other information. Except as provided herein, no personally identifiable information is collected beyond that which is identified in this section of the Site Terms. You agree that we may aggregate any information which we collect or maintain, and that we may use such aggregated information for internal analysis or for marketing purposes. We may disclose aggregate, de-identified data (i.e. stripped of information that identifies you) to third parties in connection with such analysis and/or marketing. By using the Site, you expressly assent to the collection and use of the limited information identified.
We may disclose your information to: (1) comply with applicable laws; (2) respond to governmental inquiries; (3) comply with valid legal process; (4) protect our rights or property; or (5) facilitate your request for a free case evaluation. By registering and using this Site, you acknowledge that the processing of your information for the purposes described above may involve the transfer of such information from within the United State of America (USA) to countries outside the USA whose data protection regulation may not be as stringent as that within the USA
2. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the LMS logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of LMS or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any attorney listings, pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of LMS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, LMS has adopted a policy of terminating, in appropriate circumstances and at LMS's sole discretion, subscribers or account holders who are deemed to be repeat infringers. LMS may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Robert Hernandez
Full Address of Designated Agent to Which Notification Should be Sent: 16 Mount Bethel Road, Warren, NJ 07059
E-Mail Address of Designated Agent: email@example.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
Lawyer Central™ and the LMS logo and any other product or service name or slogan contained in the Site are trademarks of LMS and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LMS or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Lawyer Central" or any other name, trademark or product or service name of LMS without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LMS and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and LMS names or logos mentioned in the Site are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray LMS, any of its products and services, or any attorney or legal service provider entity in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an LMS logo or other proprietary graphic of LMS to link to this Site without the express written permission of LMS. Further, you may not use, frame or utilize framing techniques to enclose any LMS trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without LMS's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of LMS or any third party.
LMS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of LMS and LMS is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. LMS provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by LMS of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
LMS provides Member Attorneys the ability to post a Member Attorney profile and participate in certain services provided by LMS at no charge. All contacts including phone, case evaluation requests and/or form fill outs go directly to a Member Attorney or to LMS for forwarding to the Member Attorney. Responsibility for communication will always lie between the Member Attorney and the user. If the user fills out a form in a location or area of law that LMS does not have a Member Attorney, LMS reserves the rights to send said communication to one or more lawyers in the requested location in order to facilitate communication between the user and an attorney. LMS also specifically reserves the right to do nothing at all with User's completed form. LMS is not a law firm or attorney and nothing in this agreement should be construed so as to constitute an attorney client relationship.
LMS offers a variety of optional Premium Services to Member Attorneys. Premium service descriptions are available to registered attorneys and can be viewed when logged into your member account. Any Premium services must be purchased by a Member Attorney and acknowledged via electronic signature. By purchasing a Premium Service the Member Attorney agrees to pay LMS the subscription fees indicated for said service(s). Payments will be charged on the day a Member Attorney's Premium Service goes into effect and will cover the use of that service for the period indicated. Monthly payments will be charged to the Member Attorney's credit card on a recurring basis for the term of the agreement. Premium Service Agreements will be valid for an initial service period, and will renew automatically thereafter for a term equal to the initial service period, until such service is cancelled.
Lawyer Central reserves the right to adjust pricing as it deems appropriate. The then current pricing will apply to all renewals.
Premium Services must be cancelled thirty days prior to the renewal date in order to avoid billing of Premium Service fee for the renewal term. LMS must receive written notice of your cancellation at least thirty (30) days in advance of the monthly renewal date on which Member Attorney wishes to make the cancellation effective. All cancellations must be received in writing or by email at the notice address set forth in Member Attorney's written service contract. Premium Service fees are not prorated or refundable.
If your payment method fails or your account is past due for any reason, or you fail to respond in a timely manner to user inquiries, LMS reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to LMS within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
8. No Attorney-Client Relationship
Information posted or made available on or through the Site, including without limitation any responses to legal questions posted on LMS Forum Posts, information provided in LMS Free Legal Help and Information, videos, legal guides, articles, press releases, and/or any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.
LMS does not select, screen, approve, endorse or limit who can contribute to LMS Forum Posts, including those who contribute responses to LMS Help and Information ("Contributors"). In addition, although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such Legal Information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Legal Information or the qualifications of those posting Legal Information. LMS SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR OWN RISK.
Establishment of an attorney-client relationship must occur outside the scope of LMS. LMS offers no legal advice, recommendations, endorsements, or legal representation of any sort. LMS offers users a means to review a limited choice of legal counsel. LMS does not practice law, nor provide legal services. Each user is solely responsible for making his, her or its own selection of counsel. LMS does not charge users a fee to use the service and does not receive any portion of any legal fees or costs charged by any Member Attorney and legal services are strictly between the user and their Member Attorney. LMS allows users to find a Member Attorney for free. LMS is fully aware that the legal services provided by a Member Attorney will not be free of charge. Such legal fees may be incurred by the user and as such user and Member Attorney each hereby release LMS from any and all responsibilities pertaining to such legal fees.
9. Disclaimers and Acknowledgements Regarding Use of Site Information
THE SITE, THE SITE MATERIALS (INCLUDING ANY LEGAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. LMS DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. LMS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While LMS endeavors to provide and to allow others to provide useful information regarding attorneys, legal services and the law, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that attorney and other information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Site Materials, such as Legal Information), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that any information contained in an attorney's profile, such as descriptions of an attorney's areas of practice (including percentages devoted to each), and other data, summaries or descriptions on the Site, are based on the data obtained by or submitted to LMS, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to LMS. None of the other information contained on the Site or provided through the Services, is an endorsement of any particular attorney or a guarantee of an attorney's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor is it a predictor of the outcome of a legal matter handled by such attorney. The information provided on this Site is intended to be a starting point to gather information about legal issues and attorneys who may be suitable for your legal needs, but you should not rely solely on such information in deciding whether to hire an attorney or how to resolve a legal matter. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any attorneys you are considering hiring. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any attorney you hire.
Any medical or medical-legal related information contained within the Site, the Site Materials and the Services, including but not limited to informational videos, legal guides, press releases, articles, other text/images, and on or off site links, has not been prepared, endorsed, or reviewed by any form of licensed medical professional, including but not limited to a physician or doctor, nor by any form of licensed legal professional including but not limited to an attorney. Nothing contained within the Site, the Site Materials and the Services should be taken as either medical or legal advice, but instead should act as a useful resource in providing general information that may be useful to members of the general public. All visitors are encouraged to consult with a physician or other licensed medical professional for any form of medical advice, and a licensed attorney/lawyer in all legal matters.
LMS IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION ATTORNEY PROFILE INFORMATION OR LEGAL INFORMATION. WHILE LMS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, LMS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
LMS reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any attorneys, law firms, or other legal service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by LMS.
10. Limitation of Liability
IN NO EVENT SHALL LMS OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF LEGAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LMS OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LMS'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF LMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LMS FOR ACCESS TO OR USE OF THE SITE OR LMS SERVICES.
11. Third Party Content
LMS or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and LMS may post third party content or allow users to post their content or third party content to the Site including without limitation Legal Information (such content is collectively referred to as "Third Party Content"). LMS does not monitor or have any control over any Third Party Content or third party Web sites. LMS does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. LMS does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk.
12. Third Party Services
13. Advertisements and Promotions
LMS may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than LMS, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. LMS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-LMS advertisers on the Site.
14. Attorney Advertising and Communications
It is solely the responsibility of Member Attorneys to ensure that any information or advertisements they post or place on the LMS website (including without limitation any Legal Information), and any communications they may have with prospective clients through the Site and the Services, fully comply with all applicable rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
Member Attorneys and users acknowledge and agree that any materials, including but not limited to case evaluations, questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of e-mail or other submissions to LMS, or any postings on the Site, are non-confidential and shall become the sole property of LMS. LMS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
VIDEOS: with respect to videos posted to the Site, either created by LMS or otherwise, Member Attorney hereby grants LMS a non exclusive license in and to such video, to display the same, to make any derivative works, the right to reproduce the video alone or within other publications or collective works, and the right to reproduce and publish the video in any form, format, or medium by any mechanical, electronic, or other means. Member Attorney hereby forever waives and agrees not to assert against LMS, its successors and assigns or licensees, any right to object to any distortion or other modification of the video. Member Attorney waives any right to have the video attributed to Member Attorney or to prevent the same from being modified, edited, transformed, or otherwise adapted as LMS may deem necessary.
User hereby agrees and acknowledges that by releasing his or her name, telephone number, email address and/or case evaluation form to a Member Attorney and/or LMS, that user is willfully providing his or her name, telephone number, email address and/or case evaluation form in an attempt to initiate contact with one or more of the Member Attorneys. By submitting this information, user is requesting that LMS and or the Member Attorney contact the user. User understands that by accepting these terms and conditions, user agrees that LMS is not responsible for any legal advice or information given by a Member Attorney who elects to contact user, and further understands that by releasing user's name and telephone number, user forfeits user's privacy and anonymity under these terms and conditions.
16. User Posted Content & Other Interactive Services or Areas
The Site includes areas in which Member Attorneys and users may post content and information, including without limitation attorney profiles, peer and client ratings and reviews, messages, legal questions and answers, legal guides, comments, data, text, photos, articles, press releases, graphics or other materials (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of an attorney with whom you have not had direct, personal experience in a professional legal context or as a client of such attorney;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for legal services, legal service providers, or lawyer referral services;
- Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
- Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
- User Content that, in the sole judgment of LMS, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose LMS or its users to any harm or liability of any type.
LMS takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LMS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, LMS is not liable for any statements, representations, responses, comments or other User Content provided by its users in any review, rating, forum, question, answer, legal guide or other Interactive Area. Although LMS has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, LMS reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
If you post User Content to the Site, unless we indicate otherwise, you grant LMS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant LMS and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
17. Registration Data; Account Security
In consideration of your use of the Site, and/or the Lead Tracking Platform you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to LMS, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to LMS. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself.
Without limiting the generality of the foregoing, you shall not:
(a) impersonate any other person or entity or make any misrepresentation;
(b) access or use, or attempt to access or use, the Site or any part thereof using the identity of any person other than yourself.
(c) use the Site in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any areas of the Site
(d) violate any law or regulation or any generally accepted internet practice or interfere with any other Site user's ability to use the Site and any of the services or products provided on the Site;
You agree not to use this service:
- To transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "Chain letters," "pyramid schemes," or any other form of solicitation;
- To 'stalk' or otherwise harass another;
- To distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or telecommunication equipment.
- If you are our direct competitor, except with our prior written consent. In addition, you may not access these services for purposes of monitoring their availability, performance or functionality or any other benchmarking or competitive purpose.
New Jersey law (NJSA § 2A:38A-3) provides that any person who engages in the purposeful or knowing, and unauthorized accessing or attempt to access any computer, computer system or computer network may be liable for compensatory and punitive damages and the cost of the suit including a reasonable attorney's fee, costs of investigation and litigation.
You agree to defend, indemnify and hold harmless LMS, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
19. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey (even if your use is outside of the State of New Jersey), without resort to its conflict of law provisions. Any action you which you or LMS brings to enforce this agreement or any matters related to this Site shall be brought in either the Superior Court of the State of New Jersey, Somerset County, or in the US District Court for the District of New Jersey. You agree that that in any action arising out of or relating in any way to these Site Terms, or the breach thereof , or to the Site and/or the Services, such court shall have personal jurisdiction over the parties hereto, and that venue for such action shall be appropriate in such court.
Notwithstanding any of these Site Terms, LMS reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site. Premium Service subscriptions may be terminated as provided in Section 7 above.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
22. Web Hosting
In the event Member Attorney has engaged LMS to host the Member Attorney's Web Site, the following terms and conditions shall apply, in addition to any separate terms entered into between Member Attorney and LMS.
LMS may co-locate Member Attorney's Web Site at third party facilities.
LMS will make the Web Site available to Member Attorney and end users 24 hours per day, seven days per week, except that the Web Site may be unavailable for short periods for purposes of maintaining or updating the Web Site. Notwithstanding the foregoing, LMS is not responsible for any inability of Member Attorney or end users to access the Web Site due to difficulties arising from or caused by problems with the Internet or other facilities beyond LMS's control.
LMS will provide telephone support assistance to Member Attorney as reasonably requested in connection with access to and use of the Hosting Services.
LMS is responsible for ensuring that all aspects of the Web Site under LMS's control have firewall protection and security measures to minimize the potential for unauthorized access or use. LMS shall maintain current, commercial grade security hardware and software commensurate with the size and complexity of Member Attorney's business and with the level of risk involved in the privacy and security of Member Attorney's information and transactions.
Web Hosting Services may be terminated by either party upon thirty (30) days advance written notice to the other, or by LMS upon 15 days notice in the event of non-payment.
23. Lead Tracking Platform
In the event that LMS provides you with use of its Lead Tracking Platform, ("Platform") the following terms and conditions apply:
Member Attorney may:
- Use the Platform and the information derived therefrom for Member Attorney's internal use within Member Attorney's office.
- Copy the information contained in the Platform and the information derived therefrom into any machine readable or printed form for backup purposes in support use of Platform;
Member Attorney may not:
- Modify, decompile, disassemble, reverse engineer, copy, adapt, translate, give, rent, publish, lease, loan, resell, distribute, or network the Platform or create derivative works based upon the Platform.
- provide access to the Platform or the results generated by the Platform to any third party by any gateway, bridge, modem, network, network extender or other methodology that allows access to the Platform or the results generated by the Platform by any party other than a Member Attorney or an employee of Member Attorney.
The license is effective until terminated. You may terminate it at any time by notifying LMS. It will also terminate upon conditions set forth elsewhere in these Site Terms or if you fail to comply with any term or condition of these Site Terms.
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Platform IS WITH YOU. SHOULD THE PLATFORM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION EXCEPT AS OTHERWISE PROVIDED BELOW.
LMS does not warrant that the functions contained in the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error free. Leads and related information are provided directly to Member Attorney and Member Attorney is responsible for maintaining such information. LMS's entire liability and your exclusive remedy shall be to correct or replace, at no additional charge to Member Attorney, any part of the Platform found to be defective. If within a commercially reasonable period LMS neither corrects such defects nor replaces the defective Platform, then Member Attorney's sole and exclusive remedy shall be to terminate this license and receive a refund in an amount equal to the license fees paid to LMS for use of the defective Platform.
IN NO EVENT WILL LMS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM EVEN IF LMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
You may not sublicense, assign or transfer this license. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.
24. Questions & Contact Information
Any questions regarding the use of the Site, should be directed to Lawyer Central at firstname.lastname@example.org.
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