The LawyerInUS service ("Service") includes the web site at LawyerInUS.com ("Site"), and is organized primarily to help businesses and individuals associated with progressive, independent businesses network with other like-minded individuals and businesses.
1. Acceptance Triggered By Use
Please note that this Service Agreement limits our liability and we do not provide warranties for the Service. This Service Agreement also limits your remedies. These warranty disclaimers and limitations are covered in Sections 20 and 21 and we urge you to read them carefully.
We may modify this Terms of Service at any time at our sole discretion and such modification shall be effective upon posting by LawyerInUS on the Site when you login. If we do, we will revise the "Last updated" date at the top of this Agreement. Your continued use of the LawyerInUS Service after LawyerInUS posts a revised Terms of Service signifies your acceptance of the revised Terms of Service. As a result, it is important that you review these Terms of Service regularly and you may review the current version of these Terms of Service at any time at http://lawyerinus.com/terms-of-service.html.
The Service is intended solely for users who are 18 years of age or older, and is not available to terminated or suspended users. By using the Service or accessing the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by all the terms and conditions of this Service Agreement. Additional eligibility requirements for certain users will be defined below.
3. Registration; Account Security.
In consideration for using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You agree not to impersonate any person or entity or otherwise misrepresent your identity in your profile or elsewhere on the Site. Furthermore, you agree not to misrepresent your age or your affiliation with any person or entity and to provide LawyerInUS with a valid, current email address, both at the time of registration and from time to time as your email address changes.
Your membership is solely for your individual use and you agree not to authorize others to use your account, profile, or messages. You assume sole responsibility for all uses of your account including without limitation content published, messages sent or posted, and interactions with other members, whether or not you have authorized such activities. You agree to maintain the accuracy of your registration information and to keep account information confidential. You have an obligation to inform us immediately upon learning of a security breach that relates to your account or a third party’s improper use of the Service. You agree to bear all risk associated with content you or others provide using your account. You understand that we have no obligation to prescreen, manage, or edit content made available through the service.
If you provide any information in your profile that is untruthful or inaccurate, or LawyerInUS has reasonable grounds to suspect that any information is untruthful or inaccurate, LawyerInUS may suspend or terminate your privileges with respect to the Site.
4. Your Information.
4.1 General. "Member Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for the use of the Service (including membership in a Group), in any public message board (including a Group page) or through email. Member Information may be characterized as follows; any Member Information that you submit or make available for inclusion on publicly accessible areas of our website shall be referred to as "Public Information" (e.g. your name, your job, and your location); any other Member Information shall be referred to as "Private Information."
You agree to be solely responsible for Member Information, and LawyerInUS agrees only to act as a passive conduit for the online distribution and publication of Member Information. Some areas of the Site are available to other Members or to the general public; thus, Public Information that you provide may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers and other similar programs and LawyerInUS assumes no responsibility for the dissemination of this information.
Obligations with respect to this Service Agreement and any posted revisions thereto shall remain effective for as long as you are a Member or access the Site. You may cancel the Service at any time for any reason. We may cancel, suspend, or block your access to the Service at any time, to be effective immediately, without cause and without notice. Once the Service is cancelled, you will no longer be able to access or retrieve any data you had stored on the Service.
6. Monitoring and Disclosure.
We may monitor your communications and may disclose content and information about you, including content contained within your communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this Service Agreement including maintaining this Service and the Code of Conduct; or (3) protect the rights, property, personal safety or interests of LawyerInUS, its employees, its customers, or the public.
7. Code of Conduct.
In consideration for accessing the Site and using the Service, you agree to comply with the Code of Conduct and other notices we provide. We reserve the right to cancel, suspend, or block access to the Service for violations of the Code of Conduct, with or without notice.
Related to the Code of Conduct, we will monitor registration for participation that we feel is harmful to the LawyerInUS community, and remove User Content, profiles and all incidences of such participation at our discretion. Although we may tell you what meets our definition of harmful use before we remove you as a Member, we have no obligation to do so.
Membership in LawyerInUS is not open to anyone promoting, advertising or selling multi-level or network marketing companies (hereafter, "MLM"). For our purposes of LawyerInUS Membership, MLM is defined broadly as any business that recruits distributors, resellers, consultants, or others for the sale or representation of a product or service that does not originate from the person requesting membership with LawyerInUS, including without limitation matrix marketing and direct sales companies.
8. User Contributions to the Site.
8.1 Sole Responsibility for User Content. LawyerInUS provides users with the opportunity to contribute content to the Site. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that you upload, publish or display (hereinafter, "post") on the Site or otherwise submit to LawyerInUS (collectively, "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not LawyerInUS, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. You agree to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site. You agree not to post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.
8.2 No Obligation to Pre-Screen. LawyerInUS is under no obligation to and does not routinely pre-screen any User Content posted via the Site or sent to another user. As such, LawyerInUS does not guarantee the accuracy, integrity, appropriateness, quality, or validity of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of LawyerInUS and under no circumstances will LawyerInUS be liable in any way for any User Content, including without limitation any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site. As a result, you are solely responsible at your own expense for creating backup copies and replacing any User Content you post or store on the Site or provide to LawyerInUS. Notwithstanding its lack of obligation, LawyerInUS may remove any User Content at any time at its sole discretion, including User Content that in the sole judgment of LawyerInUS violates this Service Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
8.3 LawyerInUS’s Use of User Content. When you post User Content to the Site, you authorize and direct LawyerInUS to make such copies as LawyerInUS deems necessary, to facilitate the posting and storage of User Content on the Site. In addition, with respect to User Content that you elect to post or transmit for inclusion in or on the Site or that you otherwise submit to us (excluding any work commissioned and paid for by LawyerInUS under a separate agreement), you agree to grant to LawyerInUS, its affiliates and partners an irrevocable, perpetual, world- wide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such User Content, in whole or in part, in all present and future media and in any manner relating to the Site (including, without limitation, in connection with the appearance of such User Content on LawyerInUS and on the sites of our affiliates, partners and others with whom LawyerInUS may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that LawyerInUS is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose. You may remove User Content from the Site at any time. If you choose to remove User Content, the license granted above will remain in effect and you acknowledge that LawyerInUS may retain archived copies of your User Content. Notwithstanding, LawyerInUS does not claim ownership of User Content and subject to the rights granted to LawyerInUS in this Service Agreement, you retain full ownership of all of User Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
8.4 LawyerInUS’s Obligations Related to Content. We have no obligation to maintain or store your content. LawyerInUS may delete, modify or restrict the display of User Content at any time for any reason, including but not limited to service cancellation, violation of the Service Agreement or violation of the Code of Conduct. Once deleted, User Content may not be retrieved.
You acknowledge that we may establish limits concerning use of the Service, including the length, number or size of photos, email messages, postings, or other content that are retained, stored, displayed, or transmitted by the Site. We may also limit the frequency with which you may access the Service. We reserve the right to modify or discontinue the Service (or any part or feature thereof) at any time, with or without notice.
10. Access to the Service.
We may offer parts of the Service in RSS format so that users can embed individual feeds into a personal web site or weblog or view postings through third party software news aggregators. We permit you to display, excerpt from, and link to the RSS feeds, provided that each title is correctly linked back to the Service and your use does not overburden our systems. We may terminate any RSS feed at any time. We prohibit access to the Service for data collection, aggregation, mining or extraction. We authorize an exception for general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. This exception is discretionary and excludes web sites or search engines that specialize in listings, postings, profiles, and discussion groups, or websites that are in the business of providing ad listing services.
11. Premium Membership.
While access to the Site and use of selected features of the Service is currently free, LawyerInUS may charge fees for various features and services that it provides via a special type of membership ("Premium Membership"), as set forth in Section 14.2.
Notification for various fees for access to various features and services of the Service will be done via the site. If we notify you of new fees or change the fees for an existing premium features or services, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.
12. LawyerInUS Event Listings.
12.1 Hosting a LawyerInUS Event. Physical meetings ("Events") are hosted by Members ("Event Hosts") are part of the Service. Some events listed on the Site are subject to review and approval by LawyerInUS; we may, at our sole discretion, reject or edit a pending or published Event listing.
12.2 Release. Because LawyerInUS does not supervise or control the LawyerInUS Events or interactions among or between Members and any other persons or companies, and because we are not involved in any way with physical transportation to or from LawyerInUS Events or with the actions of any individuals at LawyerInUS Events, and because LawyerInUS does not have control over the identity or actions of the Event Host, Members or any individuals at the Events, and because we cannot guarantee the true identity, age, nationality of Service users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service, you agree that you bear all risk and you agree to release LawyerInUS (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a LawyerInUS Event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
As such, LawyerInUS urges its Members to use caution and exercise good judgment when attending the Events or paying a fee for an Event.
12.3 Venues. LawyerInUS Events occur at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these LawyerInUS Events and are not involved in any way with the actions of any individuals at these LawyerInUS Events. As a result, we have no control over the identity or actions of the individuals who are present at these LawyerInUS Events, and we request that our users exercise caution and good judgment when attending these LawyerInUS Events.
12.4 Voice/Image Release. I understand that LawyerInUS Events may be recorded on audio or videotape for promotional, educational or training purposes. I understand and agree that my voice or image may be recorded and used for these purposes. I understand that LawyerInUS has complete ownership of these materials and I have no interest or ownership in them or their copyright.
12.5 Event Reservation Cancellation Policy. Reservations for Events should be made through the Site. Members may cancel a reservation for an event via the Site at any time. In the event that a reservation has a fee and is made through the Site, it must be made with a credit card, as set forth in Section 14.3.
13. LawyerInUS Groups.
13.1 General. The Service provides Members with resources to facilitate organizing groups (individually, "LawyerInUS Group" or "Group"). A LawyerInUS Group resembles the LawyerInUS Site in functionality and features, and is created and administrated by a Member ("Administrator") who assumes sole responsibility for the activity inside his or her Group. An Administrator may assign moderation privileges to a member of a Group ("Moderator".)
13.2 Eligibility to Administer a Group. Premium Membership in LawyerInUS is required for eligibility to be an Administrator. Administrators who allow their Premium Membership to lapse, as set forth in Section 14.2 below, are subject to revocation of rights as an Administrator, and their LawyerInUS Group may be terminated or transferred to another Administrator.
13.3 Role of Group Administrator. Administrators may suspend or terminate your membership in their Group, limit or set eligibility requirements for their Group, and remove any content or information that you have posted in connection with such Group. Administrators may not charge a membership fee for participation in any LawyerInUS Group; however, this does not preclude membership fees that may be required by any organization associated with the Group.
Additionally, Administrators: (a) are not LawyerInUS’s representative or agent, and therefore may not enter into contractual relations or obligations on LawyerInUS’s behalf; (b) are not entitled to enter into contractual relations or obligations on behalf of specific Group members; and (c) are free to act independently, and therefore no contractual relationship or obligation arises between an Administrator or an individual Group member.
14. Fees and Payments.
14.1 General. Credit cards are the preferred method of payment for all fees paid to LawyerInUS. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.)
14.2 Premium Membership Fees. Any fees paid for an upgrade to Premium Membership are non-refundable. LawyerInUS reserves the right to terminate membership for anybody with Premium Membership for failure to pay for the Service, and also reserves the right to change the benefits and fees associated with Premium Membership, with or without notice, at any time. To discontinue future billings for Premium Membership.
14.3 Event Fees and Payments. Event Hosts may also require or request fees for attendance at an event they organize. Event fees are determined by the Event Host, who decides whether such fees are required, the amount of the fee, and how such fees are spent. LawyerInUS cannot ensure that an Event Host is legitimate and truthful, that he or she will use fees as promised, or that you will be satisfied with the value of the content of the Event.
14.4. Coupon Codes. We may from time to time offer promotions where we may discount or waive certain Premium Membership fees or other fee-based products or services, including events. We may offer Coupon Codes to Event Hosts as a mechanism for processing a discount or credit. Coupon Codes have no cash value, are not retroactive, and are non-transferable unless specified. Coupon Codes typically have an expiration date. When an expiration date is not specified, Coupon Codes automatically expire 90 days after they have been issued.
15. LawyerInUS Ambassadors.
LawyerInUS Ambassadors are Members who volunteer on behalf of LawyerInUS and are active LawyerInUS evangelists and role models, both on and off the site. Please be aware that an Ambassador: (a) is not LawyerInUS’s representative or agent, and therefore may not enter into contractual relationships or undertake obligations on behalf of LawyerInUS; (b) is not entitled to enter into contractual relationships or undertake obligations on behalf of specific Members; and (c) acts independently, and therefore no contractual relationship or obligation arises between an Ambassador or an individual Member.
16. Trademarks; Copyrights; Proprietary Rights.
16.1 LawyerInUS’s Intellectual Property and Proprietary Rights. LawyerInUS owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site ("LawyerInUS Content"), excluding User Content. LawyerInUS owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the LawyerInUS Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of LawyerInUS’s Content in whole or in part except as expressly authorized in writing by LawyerInUS. LawyerInUS does not grant any express or implied rights, and all rights in and to the Site and to LawyerInUS’s Content are retained by LawyerInUS.
16.2 No Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of LawyerInUS’s Site, use of the Site, or access to the Site for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the LawyerInUS Service.
16.3 LawyerInUS’s Trademarks. The term LawyerInUS and anything on the site that identifies or distinguishes LawyerInUS from other goods are services are registered or unregistered trademarks of LawyerInUS, Inc. (the "LawyerInUS Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the LawyerInUS Trademarks without LawyerInUS’s prior written consent.
16.4 Intellectual Property Rights of Third Parties. LawyerInUS respects the intellectual property rights of others, and we ask our users to do the same. To the extent LawyerInUS uses a trademark that is the property of a third party, LawyerInUS endeavors to provide clear notice that (a) LawyerInUS does not own the trademark and that the trademark is the property of a third party, (b) LawyerInUS has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored LawyerInUS’s use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Site or Service to those who may be repeat infringers.
You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Service that you claim is infringing with enough detail so that we may locate it; provide a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit LawyerInUS to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, LawyerInUS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service or termination of the posting account.
17. Advertising and Sponsorships
You understand and agree that the Service may include advertisements and commercial listings and that these are necessary for us to provide the Service. You will not obscure these from general view via HTML/CSS or any other means.
18. Links to Other Websites.
The Site may include links to other websites ("Third Party Sites"). LawyerInUS does not control or endorse any Third Party Site, and you agree that LawyerInUS is not responsible for the availability or contents of such Third Party Sites. Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on the Site or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that LawyerInUS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of the Service.
Members agree to indemnify and hold LawyerInUS and its affiliates, officers, agents, subsidiaries, co-branders, or other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) User Content you submit, post, transmit, or make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, including your use of the Service to provide a link to another site or to upload content or other information to the Site, or (iv) your violation of the Terms of Service or Code of Conduct, or (v) your violation of any rights of another including but not limited to another's copyright or other intellectual property right.
20. NO WARRANTY
We provide the Service "as-is," with all faults and as available. We give no express warranties, guarantees, or conditions. To the extent permitted by law, we disclaim any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, we do not warrant that the service or the content will be accurate, error-free, virus-free, or uninterrupted or that it will meet your requirements. You may have additional consumer rights under your local laws that this Service Agreement cannot change.
21. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
LawyerInUS's aggregate liability to you for any and all claims related to the Service or its content is limited to the amount of your service fee for one month. To the extent permitted by applicable law, LawyerInUS will not be liable for any consequential, lost profits, special, or incidental damages resulting from your access to or use of--or inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Service or any part thereof)--the Service or content, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. Without limiting the foregoing, you specifically acknowledge that LawyerInUS is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to: the Service or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or if we knew or should have known about the possibility of the damages.
You acknowledge that LawyerInUS cannot provide the Service inexpensively to you without limiting its liability as set forth above, so, in order to use the Service, you agree to limit LawyerInUS's potential liability to you in this way. These limitations of liability are fundamental elements of the basis of the bargain between LawyerInUS and you.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
22. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
You understand and agree that this Service Agreement and any notices given pursuant to this Service Agreement are enforceable in electronic format. This Service Agreement constitutes the complete agreement and supersedes all prior agreements between you and LawyerInUS. This Service Agreement is governed by the laws of the State of New Jersey, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey; to which jurisdiction and venue you and LawyerInUS each irrevocably consent. If any provision of this Service Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. LawyerInUS's failure to act or your failure to act with respect to a breach does not waive LawyerInUS's rights or your right to act subsequently. You may not assign or transfer rights under this Service Agreement, or delegate any duties. LawyerInUS retains the right to assign its rights under this Service Agreement delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. This Service Agreement will bind successors and permitted assigns.