Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE-RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
LawConnect, Inc., d/b/a GetLegal.com, GetLegal.TV, TheLegalCafe.com, InjuredCare.com, InjuredCarePracticeBuilder.com, Usalegalopinion.com, GetLegalPracticeBuilder.com, and/or TheAttorneyStore.com (collectively, “LawConnect” or “we”) operates the following sites (the “LawConnect Sites” or “Sites”):
www.GetLegalPracticeBuilder.com
www.InjuredCarePracticeBuilder.com
The Sites offer legal information and news, commentaries, research links, professional directories, services for legal professionals, social networking, video programming, and products such as legal books and software. This Agreement applies to these services, plus any other features, content or applications offered from time to time by LawConnect in connection with LawConnect’s business (collectively, the “LawConnect Services” or “Services”). All LawConnect Sites are hosted in the U.S.
In addition to using our Sites and Services, we strongly encourage you to consult an attorney for all serious legal matters.
Please read this Agreement and save it. This Agreement sets forth the terms and conditions for your use of the LawConnect Sites or Services. By using the Sites, you agree to be legally bound by this Agreement and all applicable laws, whether you are a registered member (“Member”) or simply a visitor browsing our Sites. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the LawConnect site and discontinue use of the LawConnect Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the LawConnect Services, you must read and accept the terms of this Agreement. Your use of any one or more of the Sites shall indicate your acceptance to this Agreement.
We reserve the right, at our sole discretion, to change, modify, add and delete portions of these Terms of Use at any time. If we do so, we will post the changes here and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services or the LawConnect Sites after any such changes means that you accept the new Terms of Use. It is your responsibility to regularly check the LawConnect Sites to determine if there have been changes to these Terms of Use.
Use of LawConnect Sites and Services
By using the LawConnect Services, you represent and warrant that:
All registration information you submit is truthful and accurate,
You will maintain the accuracy of such information,
You are 18 years of age or older, and
Your use of LawConnect Services or Sites does not violate any applicable law or regulation.
If you create a profile on a LawConnect Site (e.g., www.thelegalcafe.com), and if we discover or have reason to believe that you are under 18 years of age or if you otherwise materially misrepresent your age while using our Sites or Services, we reserve the right to delete your profile, and your membership may be terminated without warning.
Account Security
If you sign up to become a Member on one or more of the LawConnect sites, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username or password of another Member at any time or to disclose your password to anyone else. You are solely responsible for all uses of your account, and you agree to notify LawConnect immediately if you suspect any unauthorized use of your account or access to your password.
Proprietary Rights
All content on the LawConnect Sites, including designs, text, graphics, pictures, video, information, applications, software, sound and other files, and their selection and arrangement (“Site Content” or “Content”), are the proprietary property of LawConnect, its Members or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, uploaded, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the prior express written permission of the copyright owner or licensor of such content. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
If you are a Member and submit marketing materials, directory information or other third-party content for posting on one of the LawConnect Sites, you represent and warrant that:
You own or otherwise have the right to permit LawConnect to post the Content,
The posting of such Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and
You will pay all royalties, fees and any other monies owing any person or entity by reason of any such posted Content.
Your Conduct When Using Our Sites
As a visitor to or Member of one of the LawConnect Sites, you agree not to:
Harvest or collect e-mail addresses or other contact information of other visitors or Members by electronic or any other means for the purposes of sending unsolicited e-mail or other unsolicited communications,
In order to protect our Members from such advertising or solicitation, LawConnect reserves the right to restrict the number of e-mails that a Member may send to other Members in any 24-hour period to a number that LawConnect deems appropriate in its sole discretion.
If you breach this Agreement and send unsolicited bulk e-mail or other unauthorized commercial communications of any kind through any of the LawConnect Services, you acknowledge that you will have caused substantial harm to LawConnect.
Use our Services or Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair our Sites,
Circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software used by LawConnect,
Use automated scripts to collect information from or otherwise interact with our Services or Sites,
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,
Register for more than one Member account, register for a Member account on behalf of someone else or register for a Member account on behalf of any group or entity,
Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity,
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “pyramid schemes” or any other form of solicitation,
Upload, post, transmit, share, store or otherwise make publicly available on our Sites any private information of any third party, including but not limited to addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers,
Intimidate or harass another,
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law,
Advertise to or solicit any Member or visitor to buy or sell any products or services through the unauthorized or impermissible use of LawConnect Services,
Use or attempt to use another’s account, service or system without authorization from LawConnect,
Create a false identity through any of our Sites, and
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of LawConnect, is objectionable or restricts or inhibits any other person from using or enjoying our Sites or that may expose LawConnect or its users to any harm or liability of any type.
LawConnect reserves the right to investigate and take appropriate legal action against anyone who, in LawConnect’s sole discretion, violates this provision, including without limitation reporting you to law enforcement authorities.
Posting Your Own Content on the Sites
When you submit your own content for posting on any of our Sites, you authorize and direct us to make copies as we deem necessary to facilitate such posting. By posting your own content, you automatically grant, and you represent and warrant that you have the right to grant, to LawConnect an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to:
Use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose — commercial, advertising or otherwise — on or in connection with our Sites,
Prepare derivative works of, or incorporate into other works, such content, and
Grant and authorize sublicenses of the foregoing.
You may remove your own content from our Sites at any time. To do so, send a request to admin@thelegalcafe.com. If you choose to remove your content, the license granted above will automatically expire; however, you acknowledge that LawConnect may retain archived copies of such content.
Copyright Complaints
We respect the intellectual property rights of others — thus, we prohibit uploading, posting or otherwise transmitting on the LawConnect Sites or through our Services any materials that violate another party’s intellectual property rights. If we receive proper notification of an alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material. We also have a policy of terminating the accounts of repeat copyright infringers in accordance with the Digital Millennium Copyright Act.
if you believe that any material on our Sites infringes upon any copyright that you own or license, you may send a written notification of such infringement to our designated copyright agent as specified in our Copyright Policy.
Third-Party Websites and Content
Our Sites contain links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for and we do not investigate, monitor or check such Third Party Sites and Third Party Content for accuracy, appropriateness or completeness.
Thus, if you decide to leave any of our Sites and access Third Party Sites or to use or install any third-party applications, software or content, you do so at your own risk, and you should be aware that our policies and practices no longer govern.
Products and Services Disclaimer
The products and services provided through the LawConnect Sites are provided “as-is,” with no express or implied warranties of merchantability, suitability or completeness. You use the products and services purchased on our Sites at your own risk.
In no event will: i) LawConnect, its agents, partners or affiliates, nor ii) the providers, authors or publishers of any legal materials posted on our Sites, be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, damages for procurement of substitute goods or services; loss of use, data or profits; and business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of such materials.
LawConnect is not liable, nor does it provide any express or implied warranties, for any products or services advertised or sold by a third party on any LawConnect Site, unless specifically stated.
Charges, Term, Automatic Renewal, Termination, Cancellation and Refund Policy
With respect to any products and services purchased from LawConnect on or through the LawConnect Sites (the “Subscription”), and subject to the provisions herein expressed, you hereby understand and agree as follows:
Charges; Refunds. You (“Subscriber”) agree to pay LawConnect the amount charged to your credit card at the time you place your online Subscription order. Once charged and paid, the Subscription fee is non-refundable for all purposes, even if the Subscription is terminated by Subscriber prior to the expiration of the Term, except for the occurrence of a Service Interruption or LC Termination as described below.
Term. The Term of the Subscription begins upon successful processing of your online credit card transaction and shall continue in full force and effect for the period of time you have subscribed to, subject to any automatic renewals and/or early termination as hereinafter described.
Automatic Renewals. Upon expiration of the Term, the Subscription shall be automatically renewed for an additional Term of the same duration as the immediately prior Term, unless timely terminated by Subscriber as set forth below. Upon an automatic renewal, LawConnect is hereby authorized by Subscriber to charge an additional fee to Subscriber’s credit card in the same amount as the subscription fee charged and paid for the immediately preceding Term.
LawConnect Right to Terminate. Notwithstanding the foregoing, LawConnect may terminate the Subscription (“LC Termination”) for any reason by giving written notice to Subscriber at least 30 days prior to termination. In the event LawConnect unilaterally terminates the subscription prior to the expiration of a current Term, LawConnect shall refund a prorated amount of Subscription fees previously paid, relative to the time remaining on the current term.
Subscriber Cancellation. A Subscriber may cancel a Subscription effective at the conclusion of the current Term by giving LawConnect written notice at least 30 days prior to the expiration of the current Term. Notwithstanding the above, Subscriber may cancel a Subscription and obtain a partial refund of the Subscription Fee allocable to the remainder of the current Term in case of a service interruption or other material breach by LawConnect (collectively, a “Service Interruption”) that continues more than thirty days after Subscriber notifies LawConnect in writing of such Service Interruption. Written notices under this paragraph may be served on LawConnect by e-mail to admin@thelegalcafe.com
User Disputes
You are solely responsible for your interactions with other LawConnect Site visitors and Members. We reserve the right, but have no obligation, to monitor disputes between you and others.
Privacy
By consenting to these Terms of Use, you also agree to be bound by our Privacy Policy, which is incorporated by reference into this Agreement.
Limitation on Liability
Our Sites and our Services may be temporarily unavailable from time to time for maintenance or other technical reasons. LawConnect assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications between you and other users of our Sites.
LawConnect is not responsible for any third-party technical malfunction or other telephone or computer network, service or equipment problem, or traffic congestion on the Internet, even if such problem results in injury or damage to a person’s computer, mobile device or other hardware or software.
Under no circumstances will LawConnect or its directors, employees, affiliates or agents be responsible for any loss or damage, including but not limited to any loss or damage to any content — whether your own content, Third Party Content or content posted on or through our Sites or Services.
In no event will LawConnect or its directors, employees, affiliates or agents be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data, arising from your use of our Sites or our Services, even if LawConnect is aware or has been advised of the possibility of such damages.
Notwithstanding the above limitations, LawConnect’s liability to you for any cause whatsoever and regardless of the form of action will be limited to the amount paid, if any, by you to LawConnect.
Membership Termination
If you register to become a Member or post content on one or more of our Sites, please keep in mind that LawConnect reserves the right to terminate your membership, delete your profile, delete any content or information you have posted on our Sites and/or prohibit you from using our Services or Sites for any reason, at any time in its sole discretion, with or without notice.
Governing Law
By visiting or using the Sites and/or the Services, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and LawConnect or between you and any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence any action other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas..
Arbitration
You and LawConnect agree that binding arbitration shall be the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, our Sites and/or our Services, except:
As may otherwise be provided in specific terms applicable to specific LawConnect products or Services,
To the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, and
For disputes or claims relating to any transactions you enter into with a third party (through the LawConnect Sites or elsewhere).
Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) (collectively “AAA Rules”). The location of the arbitration proceeding and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and for consumer disputes shall be subject to the limitations provided for in the AAA Consumer Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration proceeding or claim under these Terms of Use shall be combined with any other arbitration proceeding or claim, including any arbitration or claim involving any current or former user of our Services, and no class arbitration proceedings shall be permitted. You agree to bring any claim, action or proceeding related in any way to our Sites and/or our Services no more than three (3) years after the claim arises.
Indemnity
You agree to indemnify and hold harmless LawConnect, its subsidiaries and affiliates, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with:
Your own content or any Third Party Content you post or share on our Sites (including via blogs, chat rooms or message boards),
Your use of our Services or our Sites,
Your conduct in connection with our Services or our Sites,
Your violation of this Agreement, or
Your violation of any law or the rights of any third party.
Submissions/Postings on Our Sites
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (including information submitted regarding a legal matter) you provide to LawConnect, its partners or affiliates are not confidential nor subject to the attorney–client privilege, unless otherwise agreed by you and the individual or entity to whom you have provided the information.
In addition, please be aware that any information you post or submit publicly (e.g., on a blog or message board) regarding a specific legal problem is not confidential. If you wish to keep such information confidential, please do not post it publicly anywhere on the Internet, including our Sites.
Entire Agreement
These Terms of Use constitute the entire agreement between you and LawConnect regarding the use of our Sites and/or Services and supersede any prior agreements between you and LawConnect relating to your use of our Sites or Services. The failure of LawConnect to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
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