Terms of Use
- I. ACCEPTANCE OF TERMS
- definition Law Director, Inc., (the “Company”) provides the following online information resources and forum services (“LawDirector” or the “Service”) to you free of charge subject to the following Terms of Use (“Terms”). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using the Service, you agree to abide by any applicable posted guidelines for all Services, which may change from time to time.
- If you have any questions about or objections to any term or condition of these Terms, any guidelines, or any subsequent modifications of these Terms or become dissatisfied with the Service in any way, your recourse is to immediately discontinue use of the Service and contact us to share your questions or concerns.
- II. DESCRIPTION OF SERVICE
- LawDirector is a web-based service that acts as a directory and forum for legal professionals (“Lawyers”) and potential users of legal services ( “You”), which we will refer to collectively as “Users”. The Service enables You to view information about and provide information to Lawyers.
- III. TERMS OF SERVICE
- A. Users form agreements with each other independent from LawDirector. LawDirector is a communication tool. The Company is not a party to any legal services agreements between its Users, nor does it serve as an agent in any legal services agreements between Users. The Company makes no representations or warranties that Users will create or complete any agreement for legal services.
- B. The Service does not create an attorney-client relationship. Communication on the LawDirector system does not create an attorney-client relationship between potential clients and attorneys. The Company hereby expressly denies that any communication on the Service creates or is intended to create an attorney-client relationship.
- C. LawDirector is not a referral service. You communicate to Lawyers based on criterion that you set on the system. The results of the Service are based solely on your criterion, and not by any criteria set by the Company. The Company does not recommend nor endorse any Lawyer, nor does it make any representations as to the suitability of a Lawyer for any particular case.
- D. LawDirector does not provide legal advice. Any articles or information found on the Service are provided for general informational purposes only and are not intended as legal advice or recommendation for any particular case, circumstance or individual. The Company makes no representations, recommendations or endorsement of any legal advice communicated by Users on the system and the Company makes no warranty to the quality or standard of representation provided by any attorneys that communicate with you through the Service.
- E. LawDirector verifies that Lawyers are licensed to practice law in their state at the time they register with the Service and makes no other representation or warranties as to the Lawyer’s qualifications. LawDirector does not verify, warrant or guarantee communications and representations made by Users on the Service, such representations are solely the responsibility of the Users that provide information on the Service.
- IV. USING LAWDIRECTOR
- A.Account registration and verification is required in order to create a LawDirector account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to LawDirector, you are hereby required to update that information as soon as possible.
- B. You agree not to post, email, or otherwise make available Content:
- a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy;
- b) that is offensive, distasteful or otherwise deemed objectionable to Users;
- c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
- d) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any posting a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
- e) that impersonates any person or entity, including, but not limited to, a LawDirector employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- f) that includes personal or identifying information about another person without that person’s explicit consent;
g) that is false, deceptive, misleading, deceitful, or misinformative;
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
Additionally, you agree not to:
- n) collect data about attorneys for unlawful purposes or commercial purposes other than retaining a Lawyer for the Lawyer’s legal services;
- o) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by LawDirector;
- p) attempt to gain unauthorized access to LawDirector’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the LawDirector website; or
- q) use any form of automated device or computer program that enables the submission of postings on LawDirector without each posting being manually entered by the User.
- r) use any feedback forum for the purpose of posting offensive, inaccurate or defamatory comments.
V. LAWDIRECTOR CONTENT AND INFORMATION
A. You understand that all postings, messages, text, files, photos or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the User from whom such Content originated. More specifically, You understand that LawDirector does not control, and is not responsible for Content made available through the Service. Furthermore, the LawDirector site and Content available through the Service may contain links to other websites, which are completely independent of LawDirector. LawDirector makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
B. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will LawDirector be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You understand that LawDirector does not pre-screen or approve Content, but that LawDirector shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
C. You agree that LawDirector shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Users and agree that LawDirector is under no obligation to become involved. In the event that you have a dispute with other Users, you hereby release LawDirector, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
VI. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to LawDirector email addresses or through LawDirector computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of LawDirector computer systems is a violation of the Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. - 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
VII. LIMITATIONS ON SERVICE
You acknowledge that LawDirector may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that LawDirector has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that LawDirector reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that LawDirector shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
VIII. ACCESS TO THE SERVICE
LawDirector grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by LawDirector. A limited exception to this paragraph is provided to 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 and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
LawDirector permits you to display on your website, or create a hyperlink on your website to the homepage of LawDirector so long as:
(a) such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).
(b) the link does not portray LawDirector, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by LawDirector immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from LawDirector.
VIV. TERMINATION OF SERVICE
You agree that LawDirector, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if LawDirector believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that LawDirector shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the Terms.
X. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of LawDirector. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of LawDirector, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. LAWDIRECTOR is a servicemark/trademark owned by LawDirector for a computerized information system for legal and professional services.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE LAWDIRECTOR SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE LAWDIRECTOR SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LAWDIRECTOR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LAWDIRECTOR SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, LAWDIRECTOR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LAWDIRECTOR SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE LAWDIRECTOR SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LAWDIRECTOR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS INCONNECTION WITH THE LAWDIRECTOR SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
XII. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LAWDIRECTOR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LAWDIRECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LAWDIRECTOR SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LAWDIRECTOR SITE OR THE SERVICE, FROM INABILITY TO USE THE LAWDIRECTOR SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LAWDIRECTOR SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LAWDIRECTOR SITE OR THE SERVICE OR ANY LINKS ON THE LAWDIRECTOR SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LAWDIRECTOR SITE OR THE SERVICE OR ANY LINKS ON THE LAWDIRECTOR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
XIII. INDEMNITY
You agree to indemnify and hold LawDirector, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
XIV. GENERAL INFORMATION
The Terms constitute the entire agreement between you and LawDirector and govern your use of the Service, superseding any prior agreements between you and LawDirector. The Terms and the relationship between you and LawDirector shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and LawDirector agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of LawDirector to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree 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 the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XV. LIQUIDATED DAMAGES FOR REPRODUCTION OF CONTENT
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for LawDirector to pursue legal action to enforce the Terms, you will be liable to pay LawDirector the following amounts as liquidated damages, which you accept as reasonable estimates of LawDirectors’ damages for the specific breach of the Terms.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Terms without LawDirector’s express written permission, you agree to pay LawDirector three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay LawDirector’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Terms, LawDirector retains the right to seek the remedy of specific performance of any term contained in the Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms, or any combination thereof.
XVI. FEEDBACK
We welcome your questions and comments on these terms at the following email address: legal@lawdirector.com