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AGREEMENT FOR USERS

I. INTRODUCTION

Attorneys America starts every User relationship with an Agreement, which explains Attorneys America's, and User's rights, protections, privileges and liabilities.

In order to meet all your expectations and avoid confusion and miscommunication, it is necessary to go over the Agreement with our Users in advance. If you have any questions about any part of the Agreement, please do not hesitate to contact us. We will be glad to explain why the terms in this Agreement are important for our Service. Please understand, that to gain full access to our Service you must enter into a formal Agreement with Attorneys America.

II. NATURE OF ASSOCIATION BETWEEN USER AND ATTORNEYS AMERICA: PROVIDING ONLY A FORUM

Attorneys America is a Web Site Service (hereinafter "Service"), that provides an open market forum for providers and purchasers of legal services to contact each other in an effort to form a professional relationship. Attorneys America does not guarantee that User will fruitfully find an attorney through this Service. Further, Attorneys America takes no position and makes no determination on when or if an attorney-client relationship has been formed.

To provide an ideal forum for attorneys and clients, Attorneys America does not involve itself in the agreements and relationships between attorneys and clients. Accordingly, Attorneys America does not guarantee that the parties will enter into an agreement nor do we guarantee the integrity of either party. The User alone, and not Attorneys America, is responsible for assessing the integrity and honesty of all attorneys or any other person with whom the User contacts through the Service.

 

A. Disclaimer of Attorney-Client Relationship

Any use of the Service by a subscribing attorney or User, or any communication with Attorneys America, will not create an attorney-client relationship between any person or entity and Attorneys America as such relationship between any person or entity and Attorneys America, as such relationship is expressly denied herein.

B. Subscribing Attorneys are not Screened by Attorneys America

Attorneys America does not endorse any subscribing attorneys. Attorneys America makes no representation concerning an attorney's qualifications (except that the attorney was licensed to practice law in at least one state at the time of registration), nor does it sanction statements an attorney may post on the Service. Attorneys America does not screen Users in potential cases, or otherwise direct User to selected attorneys.

C. No Legal Advice is Provided by Attorneys America

Attorneys America offers no legal advice, recommendations, mediation, or counseling under any circumstance, as Attorneys America is not a law firm or a provider of legal services. Attorneys America encourages the User not to accept, as valid legal advice, any information received from any source found on this Service, unless it is from an attorney with whom the User has entered into a formal attorney-client relationship.

D. Disclaimer of Attorney Representation obtained by Users

Attorneys America makes no representation, guarantee, or warranty (express or implied) as to the legal capabilities, legal attributes, or quality of representation, which may be provided by any of the attorneys or law firms whom access, use or are listed through the Service Web Site.

III. GUIDELINES FOR USERS

In order to provide our Users with a functional and agreeable Service, it is important that all Users follow the rules of the Service. Some of these rules will be described in this agreement, and the rest in bulletins posted at various times on the Service. Attorneys America reserves the right to deny further access to the Service to any User for any reason, or no reason at all, including but not limited to denial of access because of breaches of Attorneys America's rules or actions causing complaints by other Users or subscribing attorneys.

Users may not engage in any of the following activities on or through the Service:

  1. Posting material that is offensive to the community, including statements of bigotry, prejudice, racism, hatred, or profanity;
  2. Posting material containing nudity of any kind;
  3. Engaging in acts that injure or harm others;
  4. Posting instructional information about illegal activities, or endorsing physical harm or injury against any group or individual;
  5. Posting material that exploits minors;
  6. Violating the rights of another, including but not limited to the intellectual property rights of another. Using the Service for acts of copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation);
  7. Violating the Standards of the Internet;
  8. Using the service for any illegal activities, displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortious material or invading other's privacy;
  9. Encouraging or promoting any illegal activity;
  10. Defaming any person or group;
  11. Interfering with or disrupting the Service or servers or networks connected to the Service by transmitting "junk mail", "spam", "chain letters" or unsolicited mass distribution of email; and
  12. Compromising the security of the Service or attempting to gain access to hose portions of the Service that are private to Attorneys America, other Users or subscribing attorneys;

V. DISCLAIMER OF INFORMATION OBTAINED THROUGH THE SERVICE

Attorneys America is not responsible for the nature of materials broadcast through the Service. The views expressed and determinations made are those of the Users or subscribing attorneys and do not reflect those of Attorneys America. Any data posted by any User, subscribing attorneys or other persons, is not verified for accuracy or monitored prior to its posting on the Service. Attorneys America does not warrant the validity or accuracy of any such information. As such all persons must use prudence and common sense when utilizing the Service.

Attorneys America makes every effort to verify that subscribing attorneys are licensed and in good standing in at least one state within the United States at the time of registration. Attorneys America, however, does not continuously review the standing of any attorney subscriber with any regulatory authority. When considering retaining any attorney or law firm, Users are advised to verify any attorney's or their law firm's standing with the applicable regulatory body. Attorneys America makes no representation regarding the status, standing, or capabilities of any subscribing attorney, Users, or third parties, on or off this Web site.

User is urged to make an independent investigation and evaluation of any attorney or law firm they consider retaining. Choosing an attorney to provide legal services is an extremely important decision and should not be based solely on advertisements, claims of expertise, or on the cost of rendering the requested legal services.

Attorneys America is not responsible for, and in no way endorses or promotes, any claim of specialization or limitation of practice by a subscribing attorney. Please be aware that any claim of specialization or expertise in a particular area of law, by a subscribing attorney, may not be certified by any agency or board. It is up to the User and in the User's best interest to question the attorneys on the factual basis of any statement they make, ask for the names of the certifying agencies, and confirm all data.

User is encouraged to use prudence when reviewing any information submitted by subscribing attorneys or any other parties. Although Attorneys America strongly encourages attorneys to comply with all regulations governing attorney professional conduct, it is impossible for Attorneys America to ensure that subscribing attorneys' abide by the applicable rules of professional conduct.

VI. CONFIDENTIALITY

Attorneys America makes every attempt to preserve the confidentiality of any data submitted by Users to the Service and our database of subscribing attorneys. However, we cannot guarantee that this information will remain confidential, as third parties, beyond Attorneys America's control may disseminate Users data. Please use caution in deciding what information to submit to the Service. Do not make any confessions or admissions, which may later be used against you and your interests. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. Attorneys America is not liable for the discharge or improper use of such information by other parties or any discharge of information due to an error or failure in the Service.

VII. INDEMNIFICATION OF ATTORNEYS AMERICA

User agrees that Attorneys America is not liable for any harm that the Service may cause. User agrees to indemnify, defend, and hold Attorneys America harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. User further agrees that this defense and indemnity shall include without limitation actual attorney fees and costs. User agrees that this defense and indemnity shall apply to Attorneys America, its affiliates, directors, officers and employees. Attorneys America reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of Attorneys America.

VIII. COMMUNICATIONS AND OTHER DATA

Attorneys America is not liable for any loss of data resulting from accidental or intentional deletion, network or system outages, file corruption, or for any other reasons, or for no reason at all.

IX. ADDITIONAL ATTORNEYS AMERICA RIGHTS

Also, Attorneys America reserves the following rights:

  1. To release current or past User information, in the event Attorneys America believes that their accounts are in violation of the terms of service or page content guidelines, used to commit illegal acts, if the information is subpoenaed, and/or if Attorneys America deems it necessary and/or proper;
  2. To deny service to any person/entity who breaches these guidelines or this Agreement;
  3. To terminate or deny service to anyone for any reason or no reason.

X. MODIFICATIONS TO AGREEMENT

Attorneys America may modify this Agreement at any time. User will be given notice of any change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the Service will indicate acceptance of the new terms and conditions.

XI. MODIFICATIONS TO SERVICE

Attorneys America reserves the right to change or discontinue, temporarily or permanently, the Service with or without notice to the User. User agrees that Attorneys America shall not be liable to User or any third-party for any changes to or discontinuance of the Service. User acknowledges and agrees that any termination of Service under this agreement may be effected without prior notice. Further, User acknowledges and agrees that Attorneys America may immediately delete data and files in User's account and bar any further access to such files or the Service.

XII. ATTORNEYS AMERICA'S PROPRIETARY RIGHTS

Attorneys America holds the exclusive rights to this Service, including, but not limited to, the web site graphics of the Service and the name of the Service. User cannot reproduce or copy any portion of the Service, by any method, without Attorneys America's permission and the permission of all participants on the Service.

User acknowledges and agrees that the content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout, and design or other material contained in the Service, or information presented through the Service, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Attorneys America, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. User acknowledges and agrees that Attorneys America can display User's images and/or text throughout the Service.

XIII. LIMITAION OF LIABILITY AND DISCLAIMER OF WARRANTIES

Attorneys America is not responsible for the misuse, wrongful acts, or corruption of the Service by the Users, subscribing attorneys, or any other person or entity. Accordingly, it is important that User hereby accept responsibility for his/her actions, and agree that Attorneys America is not liable for the intervening acts of third parties that may or have caused damages to User.

User hereby agrees that Attorneys America is not liable for any usability problems, system failures, errors, mistakes, or damages of any kind. Attorneys America hereby denies any warranties on the Service and strictly limits our liability for any problems connected with the use of the Service. These needs are accomplished by the following disclaimers:

A. Disclaimer of Warranties

THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATTORNEYS AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ATTORNEYS AMERICA MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ATTORNEYS AMERICA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. ATTORNEYS AMERICA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED, OR INFORMATION OBTAINED THROUGH THE SERVICE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM ATTORNEYS AMERICA, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

B. Limitation of Liability

THE USER AGREES THAT ATTORNEYS AMERICA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ATTORNEYS AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT ATTORNEYS AMERICA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

XIV. ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or Attorneys America Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either User or Attorneys America may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California, necessary to protect the rights or property of User or Attorneys America pending the completion of arbitration.

XV. CALIFORNIA LAW

This Agreement and the relationship between User and Attorneys America shall be governed by the laws of the State of California without regard to its conflict of law provisions.

XVI. HEADINGS

The headings in this Agreement are for convenience only and have no legal or contractual effect.

XVII. AUTHORITY OF SIGNATORIES

All parties covenant that they possess the necessary capacity and authority to enter into this Agreement.

XVIII. SEVERABILITY

If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

XIX. EFFECTIVE DATE OF AGREEMENT

This Agreement shall take effect immediately upon execution of submitting "I Agree" and beginning the service.

XX. MISCELLANEOUS PROVISIONS

This Agreement, incorporates by reference any notice by Attorneys America contained in any of the Services Web Site pages, including but not limited to the Attorneys America Privacy Policy, and constitutes the entire understanding between User and Attorneys America regarding the User's relationship to the Service.

The failure of Attorneys America to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be served on Attorneys America within one (1) year after such claim or cause of action arose or be forever barred.

WHEN SUBMITTING "I AGREE" AND FURTHER GOING FORWARD WITH OUR SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND HEREBY AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN.


 
 
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