TERMS AND CONDITIONS OF USE RELATED TO LAWYERS ADVERTISING ON THIS SITELast Updated on November 28, 2010. BY ACCESSING OR USING THIS WEB SITE (HEREINAFTER "WEB SITE") YOU (HEREINAFTER "USER" or "YOU") AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR THE WEB SITE AND ALL SERVICES OFFERED THROUGH THE WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE AND/OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE, AND THE SERVICES ACCESSIBLE TO YOU THROUGH THIS WEB SITE (HEREINAFTER "SERVICE"). 1. Description of this Web Site This Web Site and Service are made available by DotCO Law Marketing, L.L.C. (Hereinafter "Provider"). Provider is not a lawyer, attorney or law firm. This Web Site is a computer service that allows Users to gain access to a listing of attorneys, lawyers and/or law firms (Hereinafter "Subscribers") who pay to be listed on the Web Site. Users may initiate contact with Subscribers at their own risk. Provider does not endorse, guarantee, or warrant any services or information about the Subscribers. This Web Site does not, and is not intended to, provide legal advice. Web Site and the Service are intended for User's personal use only. 2. Content on Web Site Does Not Constitute Legal Advice Content on this Web Site is not intended to, and does not, constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk. 3. Attorney & Law Firm Listings All of the following provisions apply: (a) Subscriber Info. The information about the Subscribers in the Service is provided by the Subscribers themselves. Provider does not review the quality of the content of the listings that are provided by the Subscribers or any links to/from the Web Site. Therefore, Provider does not guarantee, recommend, or endorse any information regarding the Subscribers abilities, certifications, representations, specialties, or information otherwise relating to Subscribers. (b) Subscriber Qualifications. Provider does not guarantee, recommend, endorse, or otherwise have an opinion on the quality of any Subscriber's legal services or expertise. (c) No Warranty. Provider does not warrant the validity of the information provided by Subscribers to the Service or the information submitted by or exchanged between Users and Subscribers. (d) User's Own Risk. Your (User's) use of this Web Site is entirely at your (User's) own risk, and therefore Provider encourages each User to make his/her own independent investigation and evaluation of any Subscriber you might consider hiring for professional legal advice. 4. User's Discretion to Use this Web Site Users have sole discretion whether to contact or be contacted by any Subscribers via the service and nothing in the Service is intended, or should be interpreted as, directing a User to contact or select a particular attorney, lawyer, or law firm. The determination of the need for legal services and the choice of a lawyer or law firm are important decisions and should not be based solely upon listings or a Subscriber's self-proclaimed areas of practice. Users are solely responsible for verifying a Subscriber's credentials and qualifications for determining the necessity and adequacy of a Subscriber's insurance coverage, and for the ultimate selection of any attorney they might make. 5. No Attorney-Client Relationships or Agreements for Legal Representation Within Scope of Web Site or Service All of the following provisions apply: (a) No Privileges. Use of the Web Site or Service is not intended to and does not create a privileged, confidential or attorney-client relationship between Users and either Provider or its Subscribers. (b)No Agreements. Any agreements regarding legal services or fees must be done outside the scope of the Service and are strictly between the User and the Subscriber(s) and do not involve Provider in any way. Information contained on or made available through the Web Site and the Service is not intended to and does not constitute legal advice or counseling under any circumstance. (c) Non Law-Firm Status and No Fee Collection. Provider is not a law firm. Provider does not receive any portion of any attorney's or law firm's fees. (d)Provider's Non-Involvement. Provider is not involved in or responsible for any transactions that might occur between Users and Subscribers, and Provider does not guarantee that such transactions will occur. Users and Subscribers are solely responsible for compliance with all laws and regulations governing their interactions via the Service, including, with respect to Subscribers, compliance with all ethics and bar association rules and regulations applicable to their practice. The attorney listings on this Web Site are attorney advertisements and do not constitute a referral, recommendation or endorsement by this Web Site. 6. WARNING: Do Not Disclose Confidential Information Nothing submitted to this Web Site is treated as confidential. Because of the nature of the World Wide Web, any and all information provided through this Web Site and its Service is subject to interception by third parties. You acknowledge that disclosure of electronic communications sent through the Web Site and its Service may occur. Therefore, you should not disclose any privileged, confidential and/or specific information regarding matters for which you are using the Web Site or its Service. Specific information to avoid disclosing includes, by way of example only, names of persons, businesses, and specific facts that would readily identify the other parties involved in the legal issue or dispute. Users must describe their issue or dispute in general terms only. Specific information should only be revealed outside the scope of the Service after the User has selected an attorney and been in further contact outside the Web Site and the Service (e.g., via telephone or appointment). 7. Disclosures Regarding Attorney Advertising THIS SITE MAY CONTAIN ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS Some jurisdictions may consider the Site to be a form of advertising for legal services and as such may require specific disclosures. Please read the following carefully: THIS IS AN ADVERTISEMENT. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Hiring a lawyer is an important process that should not be based solely upon advertisements. Neither Provider nor any of the Law Firms operate as a lawyer-advertising cooperative, lawyer referral service, prepaid legal insurance provider, or similar organization the business or activities of which include the referral of customers, members, or beneficiaries to lawyers for the performance of fee-generating legal services or the payment for or provision of legal services to the customers, members, or beneficiaries in matters for which they do not bear ultimate responsibility. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST Before you decide to hire any of the Law Firms, ask them to send you free written information about their qualifications and experience. Additional information about the lawyers or firms may also be obtained by contacting the Bar Association in the State in which such lawyers or law firms are licensed. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. We urge all potential clients to make their own independent investigation and evaluation of any lawyer being considered. Except where otherwise indicated, neither Provider nor any of the Law Firms are certified by the Florida Bar Board of Legal Specialization and Education, the Texas Board of Legal Specialization ("Not Certified by the Texas Board of Legal Specialization"), or any other entity or body. The fact that certain attorneys or firms concentrate their practices in the defense of bankruptcy cases (or any other field) is not meant to imply that they have gained any specific type of certification in these areas. Indeed, many states do not recognize certifications of specialties in the practice of law and explicitly state that any such certificate, award or recognition is not a requirement to practice law in those states. 8. Additional State-Specific Disclosures Alabama No representation is made that is the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Alaska The Alaska Bar Association does not accredit or endorse certifying organizations. Florida The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Hawaii The Supreme Court of Hawaii grants Hawaii certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association. Illinois The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that he certificate, award or recognition is not a requirement to practice law in Illinois. Iowa The determination of the need for legal services and the choice of a lawyer are extreme.y important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by the rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of Supreme Court of Iowa. Kansas Any attorney listings or other information pertaining to a particular attorney or law firm on this Site constitutes a paid attorney advertisement, and does not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service. Massachusetts If a Massachusetts lawyer holds himself or herself out as "certified" in a particular service, field or area of laity by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts. Mississippi Free Background information is available upon request to a Mississippi attorney. There is no procedure in Mississippi for approving, certifying, or designating organizations and authorities. Missouri The choice of a lawyer is an important decision and should not be based solely upon advertisements. ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY THE MISSOURI RULES OF PROFESSIONAL CONDUCT BUT ARE NEITHER SUBMITTED TO NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI. Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations. Nevada Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. New Jersey Any certification specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that he certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association. All attorney listings are a paid attorney advertisement, and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service. New Mexico LAWYER ADVERTISEMENT Any certification by an organization other than the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law.
New York Rhode Island The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice. Tennessee Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization. Texas Unless otherwise indicated, Not Certified by the Texas Board of Legal Specialization. Washington The Supreme Court of Washington does not recognize certification of specialities in the practice of law and that the certificate, award, or recognition is not a requirement to practice law in the State of Washington. Wyoming The Wyoming State Bar does not certify any lawyers as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise. 9. Conflicts of Interest. The avoidance of attorney conflicts of interest is outside the scope of the Service. You and the Subscriber attorneys you contact via the Service are solely responsible for ensuring there are no conflicts of interest in any relationships that are formed after general contact is made via the Service. 10. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, limited revocable license (1) to access and use the Web Site and its Service strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site and its Service solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Service solely for internal, personal, non-commercial purposes, provided that you maintain all copyright and other notices contained therein. 11. Restrictions and Prohibitions on Use. Your license to access and use the Web Site and its Service are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 8, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site, Service or any information or materials retrieved there from; (2) use the Service or any other materials from the Web Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Service or any other materials from the Web Site; (4) use the Service or any other materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (6) make any portion of the Web Site or Service available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Web Site; (8) decompile, disassemble or reverse engineer any Web Site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Web Site; (10) use the Web Site or Service for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider's name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Web Site or Service in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws and regulations of the United States. 12. Policy on Unsolicited Commercial Email. Provider does not authorize the use of the Web Site or its Service for purpose of gathering information for or transmitting unsolicited commercial email over the Internet to Subscribers or other third parties. Internet email sent to or through Provider's computer systems or to Subscribers or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider's computer systems is strictly prohibited. Email that is relayed to or through the Provider's computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited commercial email. 13. Intellectual Property Rights Except for the limited license contained in paragraph 8 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site, its Service and their content and any software used in connection with the Web Site and the Service are owned by Provider, its licensors, or Subscribers, as applicable. Except as expressly authorized by Provider, you agree not to modify, sell, distribute or create derivative works based on the Web Site, its Service, or any related software, in whole or part. 14. No Solicitation. You shall not distribute to any persons or entities identified via the Web Site or its Service any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. Attorneys and law firms are prohibited from soliciting employment from prospective clients through the Web Site or any of its interactive features. In interactive forums made available through this Web Site if any, you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such. In no event may any person or entity solicit any Subscribers or create a directory of attorneys or law firms through this Web Site or with data retrieved from this Web Site. 15. Registration or Submission of Personally Identifiable Information. Certain sections of this Web Site may require you to register or submit personally identifiable information. If this is requested, you agree to provide Provider with accurate, complete information, using your real name and accurate information. Each registration or submission is for your personal use only, unless specifically designated otherwise on the page where the information is requested. For those sections of the Web Site requiring registration, if any, Provider does not permit (a) any other person to use the registered sections under your name; or( b) access through a single name being made available to multiple users on a network. You are responsible for preventing unauthorized use. 16. License of Your Content to Provider. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. 17. Linking to the Web Site. You may provide links to this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site and (b) you discontinue providing links to this Web Site immediately upon request by Provider. 18. Third-Party Content. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider. You agree to abide by any terms, conditions and intellectual property rights of such third parties. 19. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials. 20. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. Provider reserves the right to remove any content or links that allegedly infringe another person's copyright. Provider will terminate, in appropriate circumstances, any Subscriber or User accounts that might exist with respect to Provider's system or network who are repeat offenders of another's copyright. 21. Representations and Warranties. You represent and warrant that (i) you will provide true, accurate and complete information as may be requested or required to use the Service; (ii) you will not permit third parties to use your email address, or use third parties' email addresses, in connection with your use of the Service; (iii) you will not use the Service in any manner or for any purpose that violates any local, state, national, or international laws or regulations, or that infringes the intellectual property or privacy rights of others and (iv) you will not use the Service to transmit unsolicited commercial email or any information or materials that are unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise similarly objectionable as determined by Provider in its sole discretion. 22. Errors, Corrections and Additions. Provider does not represent or warrant that the Web Site or its Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time and may add additional services to the website. All additional services shall be covered by these Terms and Conditions of Use as part of this Web Site. 23. Disclaimer. THE WEB SITE AND ITS SERVICE IS PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE WEB SITE, ITS SERVICE AND THEIR CONTENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, ITS SERVICE AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE OR ANY THIRD PARTY COMMUNICATION DIRECTED TO YOU FROM ANY THIRD PARTY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEB SITE OR ITS SERVICE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR ITS SERVICE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE. FURTHERMORE, THOUGH DOTCO MAY HAVE PLACED THE NAMES AND/OR ADDRESSES OF PERSONS AND/OR BUSINESSES ON THEIR WEB SITE AS SOME EXAMPLES OF POTENTIAL SUPPLIERS, BE THEY "FOR PROFIT" OR "NOT FOR PROFIT", OF SERVICES AND/OR GOODS THAT WERE RELEVANT AND/OR GERMANE TO SOME DISCUSSION UPON ON THE WEB SITE, DOTCO AND/OR SUBSCRIBER (A) DO NOT ENDORSE ANY OF THESE SUPPLIERS; (B) DO NOT WARRANT AND/OR GUARANTEE THE QUALITY OR MERCHANTABILITY, IF ANY, OF THESE SUPPLIERS' SERVICES AND/OR GOODS; (C) HEREBY DISCLAIMS THAT THESE SUPPLIERS PROVIDE ANY SERVICE AND/OR GOODS THAT ARE MERCHANTABLE AND/OR FIT FOR THEIR INTENDED USE OR PURPOSE; AND (D) URGE THE USER TO ALWAYS EVALUATE ANY SERVICE AND/OR PRODUCT THEY INTEND TO UTILIZE BEFORE THEY MAKE A PURCHASE AND/OR ENTER INTO AN AGREEMENT WITH ANY SUPPLIER. 24. Limitation of Liability and Damages. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM THE WEB SITE OR ITS SERVICE, FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR ITS SERVICE OR FROM THESE TERMS AND CONDITIONS OF USE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE, ITS CONTENT; OR ITS SERVICE AND (B) YOUR PARTICIPATION IN INTERACTIVE AREAS OF THE WEB SITE INCLUDING BUT NOT LIMITED TO BLOGS, CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS AND (C) THESE TERMS AND CONDITIONS OF USE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU OR ANY THIRD PARTIES FOR ANY AND ALL CLAIMS OR DAMAGES SHALL BE LIMITED TO $100.00. 25. Waiver and Release. You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, affiliates, and its and their directors, officers, employees and agents, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Service, any disclosure of information resulting from your use of the Service, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Service. 26. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold Provider, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claims, demands, actions, and judgments, including reasonable attorneys' fees and costs, made by any third party, including a Subscriber, relating to or arising out of: (i) your use of the Web Site or its Service; (ii) any interaction or transaction between you and a Subscriber; (iii) your breach of these Terms and Conditions of Use; (iv) your violation of any rights of a third party. 27. Termination. Provider may terminate your use of the Web Site or its Service immediately at any time if you breach any provisions of these Terms and Conditions of Use, misuse the Web Site or its Service in any way, or use the Web Site or its Service in any way that interferes or interrupts the proper use of the Web Site or its Service by others. Misuse of the Service may cause irreparable harm to Provider, for which monetary damages will not be a sufficient remedy. As a result, in addition to any other remedies, Provider will be entitled to injunctive relief to prevent misuse of the Service. 28. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider's Web Sites and their features. 29. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. 30. Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Texas and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use. 31. Privacy. Your use of the Web Site is also subject to Provider's Privacy Policy, which you link to by clicking here: DotCO Law Marketing's Privacy Policy 32. Modifications to Terms of Use. Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes 33. Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. 34. Non-Assignment. These Terms and Conditions of Use are not assignable or transferable and may not be sublicensed by you without Provider's prior written consent. Provider may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions of Use. |
TERMS AND CONDITIONS OF USE FOR LEAD GENERATION AND SUBMISSION OF INFORMATIONLast Updated on December 18, 2010. BY ACCESSING OR USING THIS WEB SITE (HEREINAFTER "WEB SITE") YOU (HEREINAFTER "USER" or "USERS" or "YOU" or "YOUR") AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR THE WEB SITE AND ALL SERVICES OFFERED THROUGH THE WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE THE WEB SITE AND/OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE, AND THE SERVICES ACCESSIBLE TO YOU THROUGH THIS WEB SITE (HEREINAFTER "SERVICE"). 1. Description of this Web Site This Web Site and Service are made available by DotCO Law Marketing, L.L.C. (Hereinafter "PROVIDER"). PROVIDER IS NOT A LAWYER, ATTORNEY OR LAW FIRM. THIS WEB SITE IS AN ADVERTISEMENT OF LEGAL SERVICES, and may not reflect current legal developments or variances in the law of different jurisdictions. Nothing on this site should be construed as legal advice or used as a substitute for legal advice. YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE WEB SITE WITHOUT SEEKING AND RETAINING THE ADVICE OF AN ATTORNEY. ADDITIONALLY, IF YOU SUBMIT INFORMATION REQUESTING THAT YOU BE CONTACTED BY AN ATTORNEY, YOU SHOULD NOT STOP SEEKING ADVICE FROM AN ATTORNEY UNTIL YOU ACTUALLY HAVE RETAINED OR HIRED AN ATTORNEY TO REPRESENT YOU. This Web Site allows Users (You) to submit their personal information, which may then be forwarded to a law firm who pays Provider a marketing licensing fee. These law firms (Hereinafter "Subscriber[s]") pay Provider the licensing fee to receive information that is voluntarily submitted by Users on this Web Site. Once again, Provider, is not a law firm. Provider will not, cannot, and should not handle your legal case, matter, or legal issue if you have one. Rather, Provider merely facilitates your initial, voluntary submission of personal information to a paying Subscriber lawyer, attorney or firm. Provider does not endorse, guarantee, or warrant any services or information about the Subscribers. Provider does not receive any portion of any lawyer's, attorney's or law firm's fees and any arrangements subsequently made by You and Subscriber [or any lawyer, attorney, or law firm that is not a Subscriber of Provider] to pay them/her/him attorneys' fees are strictly between You and such Subscriber, lawyer, attorney and/or law firm and absolutely do not involve this Web Site, or Provider in any way. That being the case, Provider strongly encourages each User to carefully research any Subscriber, lawyer, attorney and/or law firm You consider using to represent You in any legal matter. For more information and guidance, please refer to Section 7 of these Terms and Conditions of Use. Again, this Web Site does not, and is not intended to, provide legal advice. Web Site and the Service are intended for User's personal use only. Neither Provider nor the Web Site, nor the Service is a lawyer referral service.
WHAT DOES IT MEAN FOR YOU WHEN YOU SUBMIT YOUR PERSONAL
2. Content on Web Site Does Not Constitute Legal Advice Again, content on this Web Site is not intended to, and does not, constitute legal advice and no attorney-client relationship is formed, nor is anything or any of the information you submit to Provider through this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content of this Web Site is not warranted nor guaranteed. Your use of the Content on this Web Site or materials linked from this Web Site is at your own risk. 3. Attorney & Law Firm Listings All of the following provisions apply:
(a) Subscriber Info. The information about the Subscribers in the Service is provided by the Subscribers themselves. Provider does not review the content of the listings that are provided by the Subscribers or any links to/from the Web Site . Therefore, Provider does not guarantee, recommend, or endorse any information regarding the Subscribers abilities, certifications, representations, specialties, or information otherwise relating to Subscribers. 4. User's Discretion to Use this Web Site Users have sole discretion whether to contact or be contacted by any Subscribers via the Service and nothing in the Service is intended or should be interpreted as directing a User to contact or select a particular attorney or firm. The determination of the need for legal services and the choice of an Attorney, Lawyer or Law Firm are very important decisions and should not be based solely upon web site listings or a Subscriber's self-proclaimed areas of practice or expertise. Users are solely responsible for verifying a Subscriber's credentials and qualifications for determining the necessity and adequacy of a Subscriber's insurance coverage, and for the ultimate selection of any attorney, lawyer and/or Law Firm they might make. 5. No Attorney-Client Relationships or Agreements for Legal Representation Within Scope of Web Site or Service All of the following provisions apply:
6. WARNING: Do Not Disclose Confidential Information Again, nothing submitted to this Web Site is treated as confidential. Because of the nature of the World Wide Web, any and all information provided by You through this Web Site and its Service is subject to interception by third parties. You acknowledge that disclosure of electronic communications sent through the Web Site and its Service may occur. Therefore, You should not disclose any privileged, confidential and/or specific information regarding matters for which you are using the Web Site or its Service. Specific information to avoid disclosing includes, by way of example only, names of persons, businesses, and specific facts that would readily identify the other parties involved in the legal issue or dispute. Users must describe their issue or dispute in general terms only. Specific information should only be revealed outside the scope of the Service and after the User has selected an attorney and been in further contact outside the Web Site and the Service (e.g. via telephone or appointment). 7. Disclosures Regarding Attorney Advertising
THIS SITE MAY CONTAIN ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS
Neither Provider nor any of the Subscribers operate as a lawyer-advertising cooperative, lawyer referral service, prepaid legal insurance provider, or similar organization the business or activities of which include the referral of customers, members, or beneficiaries to lawyers for the performance of fee-generating legal services or the payment for or provision of legal services to the customers, members, or beneficiaries in matters for which they do not bear ultimate responsibility.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers who are not Subscribers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses held by Subscribers mean that such a lawyer, attorney and/or law firm is more expert or competent than any other lawyer, attorney and/or law firm who is not a Subscriber.
8. Additional State-Specific Disclosures
Alabama
Alaska
Florida
Hawaii
Illinois
Iowa Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of Supreme Court of Iowa.
Kansas
Massachusetts
Mississippi
Missouri
Nevada
New Jersey
New Mexico
New York
Rhode Island
Tennessee
Texas
Washington
Wyoming 9. Conflicts of Interest. The avoidance of attorney conflicts of interest is outside the scope of the Service. You and the Subscriber attorneys You contact, or that contact You, via the Service, are solely responsible for ensuring that there are no conflicts of interest in any relationships that are formed after general contact is made via the Service. 10. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, limited revocable license:
11. Restrictions and Prohibitions on Use. Your license to access and use the Web Site and its Service are subject to the following restrictions and prohibitions on use:
12. Policy on Unsolicited Commercial Email. Provider does not authorize the use of the Web Site or its Service for purpose of gathering information for or transmitting unsolicited commercial email over the Internet to Subscribers or other third parties. Internet email sent to, or through, Provider's computer systems or to Subscribers or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider's computer systems is strictly prohibited. Email that is relayed to or through the Provider's computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited commercial email. 13. Intellectual Property Rights. Except for the limited license contained in paragraph 10 above, nothing in these Terms and Conditions of Use grants, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site, its Service and their content and any software used in connection with the Web Site and the Service are owned by Provider and/or its Subscribers, as applicable. Except as expressly authorized by Provider, You agree not to modify, sell, distribute or create derivative works based on the Web Site, its Service, or any related software, in whole or part. 14. No Solicitation. You shall not distribute to any persons or entities identified via the Web Site or its Service any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. Attorneys and law firms are prohibited from soliciting employment from prospective clients through the Web Site or any of its interactive features. In interactive forums made available through this Web Site if any, you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such. In no event may any person or entity solicit any Subscribers or create a directory of attorneys or law firms through this Web Site or with data retrieved from this Web Site. 15. Registration or Submission of Personally Identifiable Information. Certain sections of this Web Site may require you to register or submit personally identifiable information. If this is requested, you agree to provide Provider with accurate, complete information, using your real name and accurate information. Each registration or submission is for your personal use only, unless specifically designated otherwise on the page where the information is requested. For those sections of the Web Site requiring registration, if any, Provider does not permit (a) any other person to use the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing unauthorized use. 16. License of Your Content to Provider. By uploading content to or submitting any information or materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. 17. Linking to the Web Site. You may provide links to this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site and (b) you discontinue providing links to this Web Site immediately upon request by Provider. 18. Third-Party Content. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider. You agree to abide by any terms, conditions and intellectual property rights of such third parties. 19. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any Advertiser's or Sponsors' materials. 20. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. Provider reserves the right to remove any content or links that allegedly infringe another person's copyright. Provider will terminate, in appropriate circumstances, any Subscriber or User accounts that might exist with respect to Provider's system or network who are repeat offenders of another's copyright. 21. Representations and Warranties. You represent and warrant that (i) you will provide true, accurate and complete information as may be requested or required to use the Service; (ii) you will not permit third parties to use your email address, or use third parties' email addresses, in connection with your use of the Service; (iii) you will not use the Service in any manner or for any purpose that violates any local, state, national, or international laws or regulations, or that infringes the intellectual property or privacy rights of others and (iv) you will not use the Service to transmit unsolicited commercial email or any information or materials that are unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise similarly objectionable as determined by Provider in its sole discretion. 22. Errors, Corrections and Additions. Provider does not represent or warrant that the Web Site or its Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time and may add additional services to the Web Site. All additional services shall be covered by these Terms and Conditions of Use as part of this Web Site. 23. Disclaimer. THE WEB SITE AND ITS SERVICE IS PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE WEB SITE, ITS SERVICE AND THEIR CONTENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, ITS SERVICE AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE OR ANY THIRD PARTY COMMUNICATION DIRECTED TO YOU FROM ANY THIRD PARTY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEB SITE OR ITS SERVICE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR ITS SERVICE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE. FURTHERMORE, THOUGH DOTCO MAY HAVE PLACED THE NAMES AND/OR ADDRESSES OF PERSONS AND/OR BUSINESSES ON THEIR WEB SITE AS SOME EXAMPLES OF POTENTIAL SUPPLIERS, BE THEY "FOR PROFIT" OR "NOT FOR PROFIT", OF SERVICES AND/OR GOODS THAT WERE RELEVANT AND/OR GERMANE TO SOME DISCUSSION UPON ON THE WEB SITE, DOTCO AND/OR SUBSCRIBER (A) DO NOT ENDORSE ANY OF THESE SUPPLIERS; (B) DO NOT WARRANT AND/OR GUARANTEE THE QUALITY OR MERCHANTABILITY, IF ANY, OF THESE SUPPLIERS' SERVICES AND/OR GOODS; (C) HEREBY DISCLAIMS THAT THESE SUPPLIERS PROVIDE ANY SERVICE AND/OR GOODS THAT ARE MERCHANTABLE AND/OR FIT FOR THEIR INTENDED USE OR PURPOSE; AND (D) URGE THE USER TO ALWAYS EVALUATE ANY SERVICE AND/OR PRODUCT THEY INTEND TO UTILIZE BEFORE THEY MAKE A PURCHASE AND/OR ENTER INTO AN AGREEMENT WITH ANY SUPPLIER. 24. Limitation of Liability and Damages. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM THE WEB SITE OR ITS SERVICE, FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR ITS SERVICE OR FROM THESE TERMS AND CONDITIONS OF USE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE, ITS CONTENT; OR ITS SERVICE AND (B) YOUR PARTICIPATION IN INTERACTIVE AREAS OF THE WEB SITE INCLUDING BUT NOT LIMITED TO BLOGS, CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS AND (C) THESE TERMS AND CONDITIONS OF USE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU OR ANY THIRD PARTIES FOR ANY AND ALL CLAIMS OR DAMAGES SHALL BE LIMITED TO $100.00. 25. Waiver and Release. You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, affiliates, and its and their directors, officers, employees and agents, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Service, any disclosure of information resulting from your use of the Service, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Service. 26. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold Provider, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claims, demands, actions, and judgments, including reasonable attorneys' fees and costs, made by any third party, including a Subscriber, relating to or arising out of: (i) your use of the Web Site or its Service; (ii) any interaction or transaction between you and a Subscriber; (iii) your breach of these Terms and Conditions of Use; (iv) Your violation of any rights of a third party. 27. Termination. Provider may terminate your use of the Web Site or its Service immediately at any time if you breach any provisions of these Terms and Conditions of Use, misuse the Web Site or its Service in any way, or use the Web Site or its Service in any way that interferes or interrupts the proper use of the Web Site or its Service by others. Misuse of the Service may cause irreparable harm to Provider, for which monetary damages will not be a sufficient remedy. As a result, in addition to any other remedies, Provider will be entitled to injunctive relief to prevent misuse of the Service. 28. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider's Web Sites and their features. 29. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. 30. Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Texas and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use. 31. Privacy. Your use of the Web Site is also subject to Provider's Privacy Policy, which you link to by clicking here.. 32. Modifications to Terms of Use. Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes 33. Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. 34. Non-Assignment. These Terms and Conditions of Use are not assignable or transferable and may not be sublicensed by you without Provider's prior written consent. Provider may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions of Use. |