THIS AGREEMENT contains the terms and conditions of Lawyer Talk's web program and software services, and has been prepared in English. To the extent any version appears in a foreign language or conflicts with the English version, the English version shall control.
Lawyer Talk, LLC ( hereinafter "Company") consists of computing and information services, web programs, software, tools, and services together with other content provided by Company. We are a web based service provider. Our web programs and software, together with our web tools and content are our services (hereinafter "Services"), and are referred to in this agreement as Services. In addition, third parties provide information, software, and other content (collectively, third party content) which may be accessed over the service. These operating rules are provided to make online information usage and communications a positive and secure experience for subscribers and users that interact with Company. When you use or access Lawyer Talk, you agree to our service terms and conditions. Company may update or modify the terms and conditions of it's Services at any time and from time to time by publishing the modified terms and conditions on our website. We encourage you to review all of our policies carefully.
Further, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any request or order submitted. These operating rules are part of the terms of your Agreement with Company, and you are legally bound by them.
REGISTRATION AND USE
The eligibility requirements to register an account with Lawyer Talk are these:
a. You must be at least 18 years of age or older,
b. You are not currently restricted or otherwise precluded from using our Services,
c. You are not a competitor of Lawyer Talk, and therefore not using our Services for any purpose that may be construed as being in competition with Lawyer Talk,
d. You will use your real name and provide accurate information to Lawyer Talk,
e. You will not impersonate another user or falsify one's user name in email or in any post or transmission to any news group, mailing list, or other similar group or mailing list,
f. You have the authority to enter into this agreement, and in so doing you will not be violating the terms and conditions of any other agreement of which you are a party, and
g.You agree to adhere to all Company Rules and Policies, as may be updated or amended.
The Company shall provide you with Company's Services under the terms and conditions embodied in this Agreement. You agree that this Agreement is personal to you and that you will not knowingly allow more than three (3) other individuals in your immediate family, household, or business to use your log in user name and password to use Company's Services without prior written approval from Company, provided, however, that only you or one other individual may use your account at any particular time and you may not resell or redistribute any portion of our Services or provide access to your account to any third party for financial gain. You agree to provide to the individuals referenced in the preceding sentence a copy of this Agreement and to inform them that their use of Company's Services are subject to the terms and conditions herein. You agree that you are fully responsible for such individuals conduct while using Company's Services and for any consequences of such individual who misuses the Services, violates this Agreement, or accesses material or information which you feel is obscene or otherwise objectionable. You may not assign or delegate any rights or obligations under Company's Agreement. Company may assign or delegate all rights and obligations under this Agreement, either in whole or in part, without notice to you.
Copyrighted material must not be placed on our web program and software service without the permission of the owner(s) of the materials or person(s) they specifically authorize to grant permission. Only the owner(s) or such authorized person(s) may upload copyrighted material to our website. Subscribers may download copyrighted material for their own use. Except as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of Company and the owner(s) or such authorized person(s), if other than Company. Permission must be specified in the document, on the Service or must be obtained directly from Company and the owner(s) or such authorized person(s), if other than Company. In any copying, redistribution or publication of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited. You may not make unauthorized copies of content protected by copyrights, trademarks, or any other intellectual property rights and such actions or conduct may result in termination of your account. Questions and concerns about copyright may be addressed to us as follows: firstname.lastname@example.org.
PUBLIC DOMAIN MATERIAL
A user or subscriber shall not download any programs including public domain programs or software to the website for any reason.
CONTENT & USES OF THE SERVICE
You agree not to publish on or over the Service any information, software, or other content that violates or constitutes an infringement upon the rights of others or that would be abusive, profane or sexually offensive to an average person, or that, without the approval of Company contains any advertising or any solicitation of other subscribers to use goods or services. This paragraph, however, shall not be interpreted to restrict advertising or any solicitation of other subscribers to use goods or services. This paragraph, however, shall not be interpreted to restrict you from utilizing company mail in the conduct of a legitimate business except that you may not, without the approval of Company send unsolicited advertising or promotional material to other Company subscribers. You agree not to use the facilities and capabilities of Company's service to conduct any business or activity or solicit the performance of any activity that is prohibited by law or to solicit subscribers to become subscribers of other competitive information services. Subscribers agree not to send mass mailings to many users that contain commercial advertisements.
One or more of Company's programs contain downloadable software. Subject to your compliance with the terms and conditions of this Agreement, you are granted a limited, non-exclusive, non-sublicensable, non-assignable free of charge license to download and install the software on a personal computer, tablet, laptop, or other device and to personally use the software through your account with Company. In the event that you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates, and additional features provided by Company in order to improve it's quality and further develop the software. You agree not to modify, create derivative works of, reverse engineer, decompile or attempt to extract source code from us absent express written permission first had and obtained, or under an open source license.
EDITING AND DELETING CONTENT
Company reserves the right and sole discretion to edit or delete any information, software or other content appearing on the service, regardless of whether it violates the standards for content. You understand that company provides full uncensored access to materials on the internet created and maintained by unaffiliated third parties. Company exerts no editorial control over such materials, portions of which may be considered sexually explicit, obscene or otherwise offensive. In no event shall company be liable to any person or entity, either directly or indirectly with respect to any materials from third parties accessed through Company's Services. You assume total responsibility and risk for your use of Company's Services and the internet generally. Company disclaims any and all responsibility for content contained in any third party materials provided through links from Company's website. Further, Company reserves the right in its sole discretion to suspend, block, or terminate service to any subscriber at any time.
DISCLAIMERS OF WARRANTY
Company exercises no control whatsoever over the content of the information passing through it's Services. Company makes no warranties of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although Company's current practice is to utilize reasonable efforts to maintain such confidentiality.
Company services are provided on an “as is” and “as available” basis and your use of Company Services is entirely at your own risk. You assume total responsibility and risk for your use of Company's Services and the internet generally. It is also solely your responsibility to evaluate the accuracy, completeness, usefulness or validity of all opinions, advice, service, promotions, advertisements, or other information, and the quality and merchantability of all merchandise, provided through Company's Services generally. Neither Company nor its affiliates or its subsidiaries make any representations, warranties or endorsements expressed or implied, with regard to Company Services or any merchandise, information or service provided through Company's Services or on the internet generally, or as to the accuracy, quality, completeness, title, non-infringement, ownership or otherwise of any materials accessed through Company's Services.
LIMITATION OF LIABILITY
Company will not be responsible to you or any third parties under any circumstances for any indirect, consequential , punitive or exemplary damages or loss which you may incur in the use generally of Company's programs, tools or services, or any of the data or other materials transmitted through or residing on Company's website regardless of the type of claim or the nature of the cause of action, even if Company has been advised of the possibility of damage or loss. Company is not liable for return or refund of the sums paid by the user when some or all Services are not available for certain periods of time because of an increase in demand by other users or maintenance. Company is not responsible for what browser the user has selected to interact with Company's Services and the user's device.
SOME COUNTRIES, JURISDICTIONS, AND VENUES, DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON COMPANY OR IT'S SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR COMPANY AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY NEITHER CONTROLS NOR VETS ANY USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. COMPANY AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE , AND/OR NON-INFRINGEMENT, IF YOU ARE DISSATISFIED OR HARMED BY COMPANY OR ANYTHING RELATED TO COMPANY, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE SECTION REGARDING TERMINATION OF SERVICES, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. COMPANY IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OR RECEIPT OF ANY MESSAGES SUCH AS TEXT, INMAIL, QUICK SEND MESSAGES, QUICK SHARE, POSTING OF RESPONSES OR TRANSMISSION OF ANY OTHER USER CREATED OR GENERATED MATERIAL OR CONTENT SENT THROUGH COMPANY TO ANYONE. FURTHER, COMPANY NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, CONTENT, OR TECHNOLOGY DESCRIBED OR USED ON COMPANY'S WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH INFORMATION, MATERIAL OR CONTENT TO US. COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OR AUTHENTICITY OF THE PERSONS THAT SUBSCRIBE TO ITS SERVICE AND ADDITIONALLY, WE DO NOT HAVE ANY OBLIGATION TO MONITOR THE USE OF COMPANY'S SERVICES BY OTHER USERS WITHIN THE COMMUNITY. ACCORDINGLY, COMPANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT, IMPERSONATION, OR OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. COMPANY DOES NOT GUARANTY THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT ERRORS OR INTERRUPTION OR ERRORS IN FUNCTIONING. IN FACT, THE OPERATION OF COMPANY SERVICES MAY BE INTERRUPTED FOR MAINTENANCE, UPDATES, PROGRAM UPGRADES AND MODIFICATIONS OR SYSTEM AND/OR NETWORK FAILURES. COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING OR MALFUNCTIONING, IMPOSSIBILITY OF ACCESS OR POOR USE CONDITIONS OF OUR WEBSITE DUE TO AN INAPPROPRIATE BROWSER, EQUIPMENT, INTERFERENCES THAT RELATE TO YOUR INTERNET SERVICE PROVIDER, USER SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS. THEREFORE, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. COMPANY, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, SHAREHOLDERS , OFFICERS AND /OR DIRECTORS ARE NOT LIABLE FOR ANY DAMAGES IN EXCESS OF FIVE (5) TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR PREMIUM SERVICE, IF ANY, OR $100.00 WHICHEVER IS GREATER OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE, OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, PLATFORM, APPLICATIONS AND OR CONTENT/MATERIALS ON, ACCESSED OR DOWNLOADED FROM COMPANY. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE CONTRACTUAL RELATIONS BETWEEN THE PARTIES AND ABSENT SAID TERMS AND PRICES CHARGED FOR OUR SERVICES WOULD BE DIFFERENT.
USE OF ANY INFORMATION OBTAINED VIA THE SERVICES AT YOUR OWN RISK
Company specifically denies any responsibility for the accuracy or quality of information obtained through its Services. You understand that if you become dissatisfied with the services of company, your sole and exclusive remedy would be to discontinue the Company's Services.
In the event you violate the letter or spirit of this Agreement, or otherwise pose or create possible legal exposure for Company, we can block or stop providing all or part of our Services to you. Further, Company may terminate this Agreement and your account for any reason or no reason, with or without notice. Company will notify you by email or when you next attempt to access your account. You have the right to terminate this Agreement for any reason or no reason at any time, with notice provided to Company as specified in section 19.
You have the right to delete or disable your application and/or profile at any time. Upon expiration or termination for any reason, you shall no longer be authorized to use our Services. In the event your access to our Services expires or is terminated, you will no longer have access to data and other materials that you placed or stored in connection with our Services. You understand that in such event, said data and materials may be deleted by Company. However, the remaining provisions of this Agreement shall continue to apply, survive, and remain in full force and effect.
Your communications with and through Company internet, will in most cases be viewed only by you and by anyone to whom you invite to participate and address such communications, including without limitation, electronic mail, blog, network, messaging, case management, market, and other services provided by Company. When reasonably practicable, Company will attempt to preserve the confidentiality of such communications. However, you agree that Company has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the requirements of state or federal law, a court order, government request, to operate the service properly, or to protect itself or its subscribers and members. Company has no obligation to monitor Company's service. However, Company reserves the right to refuse to post or to remove any information or materials in whole or part that in its sole discretion, are unacceptable or in violation of this Agreement. Company is not responsible for another's misuse or misappropriation of any content or information you post on our website. You understand and agree that, unless you notify Company to the contrary in writing, Company may publish your name and other information in directories which may be accessed by third parties. You are solely responsible for your interactions with other subscribers and users of Company.
OUR RIGHT TO CONTACT USER
Company reserves the right to contact our website visitors and users
You agree to be bound by Company's rules which are important for the proper use of Company's Services. Your failure to follow these rules, whether set out in this Agreement or in bulletins posted at various points by Company may result in Company terminating this Agreement and your account. You agree to the following rules:
a. Except as otherwise provided herein, you will not tell others your password or let your account be used by anyone except yourself, or as otherwise set forth in this Agreement,
b. You will not attempt to, or cause others to attempt to log in more than once at the same time on your account without specific permission from Company,
c. You will not post or transmit any unlawful, threatening, abusive, libelist, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, and you will not post content that is hate speech, or otherwise calculated to incite violence, bully, or harass any user.
d. You will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright, or other proprietary right without obtaining permission of the owner of such rights,
e. You will not use our Services to commit a crime or to plan, encourage or help others to commit a crime,
f. You will not upload viruses or other malicious code,
g. You will not post or transmit requests for money other than for lawful purposes, petitions for signature, chain letters or letters related to pyramid schemes and, you will not send unsolicited mass e-mailings.
h. You will not engage in unlawful multi-level marketing such as pyramid schemes on Company's website, and
i. You will not collect the content and/or information of our users or access Company's website or pages using automated means commonly known as harvesting bots, robots, spiders, or scrapers without company's prior written permission.
Subscriber agrees to indemnify and hold company harmless from any claims and expenses, including reasonable attorney’s fees, related to subscriber’s violation of the service agreement, including these rules or any information, software or other content placed on the service by the subscriber. The use of the service to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since Company exercises no control whatsoever over the information that is received abroad or by foreign nationals within the United States, subscriber agrees to comply with all export and import requirements. Since company exercises no control whatsoever over the content of information passing through its service, the entire burden of complying with all laws and regulations is the obligation of subscribers. Subscribers agree to comply with such laws and regulations and to indemnify and hold company harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.
OUR PROPRIETARY RIGHTS
Our Services include the copyrights and intellectual property rights of Lawyer Talk LLC , and with the exception of the limited license granted to you to use our Services, Lawyer Talk LLC reserves all of its' intellectual property rights in its service. Lawyer Talk LLC , its' logos, slogans, graphics, and service marks are trademarks or registered trademarks of Lawyer Talk LLC in the United States and/or other countries. This Agreement does not grant you any right or license with respect to any such trademarks, slogans, logos, or graphics.
Other trademarks or graphics used in connection with Lawyer Talk LLC may be the trademarks or graphics of their respective owners. This Agreement does not grant you any intellectual property right or license with respect to any such trademarks or graphics.
Company has the exclusive right or in its sole discretion, to demand or compel arbitration of any claim. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by a panel of three (3) arbitrators wherein at least one arbitrator shall be experienced in the field of intellectual property rights, technology or law of the Internet, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
SPECIFIC PROVISIONS FOR USERS OUTSIDE THE UNITED STATES
The following provisions apply to users of Lawyer Talk and its' Services that network or interact outside the United States :
a. You agree and consent to having your personal data and profile transferred to the United States,
b. In the event you are located in a country that has been embargoed by the United States or otherwise located in a country on the U.S. Treasury Department's list of Specially Designated Nationals, you are not permitted to engage in commercial activities on Lawyer Talk such as advertising or payments, or otherwise operate a platform application or website.
In the event any provision of this Agreement is held to be illegal, invalid, or unenforceable to any extent, the legality, validity and enforceability of the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect and shall be enforced to the greatest extent permitted by law.
You may contact us via US mail or courier at Lawyer Talk LLC, ATT: General Counsel, 2701 South Bayshore Drive, Suite 602, Miami, Florida 33133, USA .
Any notice that you provide without compliance with this section shall have no legal effect.