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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.
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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.
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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:
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1. |
Posting material that is offensive
to the community, including statements of bigotry,
prejudice, racism, hatred, or profanity; |
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2. |
Posting material containing nudity
of any kind; |
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3. |
Engaging in acts that injure or harm
others; |
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4. |
Posting instructional information
about illegal activities, or endorsing physical
harm or injury against any group or individual; |
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5. |
Posting material that exploits minors; |
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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); |
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Violating the Standards of the Internet; |
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8. |
Using the service for any illegal
activities, displaying harassing, abusive, threatening,
harmful, vulgar, obscene, or tortious material or
invading other's privacy; |
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9. |
Encouraging or promoting any illegal
activity; |
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10. |
Defaming any person or group; |
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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 |
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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:
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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; |
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To deny service to any
person/entity who breaches these guidelines or this
Agreement; |
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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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