Effective Date: June 18, 2008
TheAttorneyStore.com Inc. and GetLegalTV.com Inc., d/b/a GetLegal.com, GetLegalTV.com, GetLegalCafe.com and/or TheAttorneyStore.com (collectively, “GetLegal” or “we”) operates the following sites (the “GetLegal Sites” or “Sites”):
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 GetLegal in connection with GetLegal’s business (collectively, the “GetLegal Services” or “Services”). All GetLegal 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 GetLegal 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 GetLegal site and discontinue use of the GetLegal Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the GetLegal 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.
Use of GetLegal Sites and Services
By using the GetLegal 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 GetLegal Services or Sites does not violate any applicable law or regulation.
If you create a profile on a GetLegal Site (e.g., www.getlegalcafe.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.
If you sign up to become a Member on one or more of the GetLegal 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 GetLegal immediately if you suspect any unauthorized use of your account or access to your password.
If you are a Member and submit marketing materials, directory information or other third-party content for posting on one of the GetLegal Sites, you represent and warrant that:
• You own or otherwise have the right to permit GetLegal 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 GetLegal 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, GetLegal 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 GetLegal 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 GetLegal Services, you acknowledge that you will have caused substantial harm to GetLegal.
• 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 GetLegal,
• 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,
• Upload, post, transmit, share or otherwise make available any material 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,
• 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 GetLegal Services,
• Use or attempt to use another’s account, service or system without authorization from GetLegal,
• 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 GetLegal, is objectionable or restricts or inhibits any other person from using or enjoying our Sites or that may expose GetLegal or its users to any harm or liability of any type.
GetLegal reserves the right to investigate and take appropriate legal action against anyone who, in GetLegal’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 GetLegal 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 email@example.com. If you choose to remove your content, the license granted above will automatically expire; however, you acknowledge that GetLegal may retain archived copies of such content.
We respect the intellectual property rights of others — thus, we prohibit uploading, posting or otherwise transmitting on the GetLegal 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 Millenium 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 GetLegal 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) GetLegal, 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.
GetLegal 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 GetLegal Site, unless specifically stated.
You are solely responsible for your interactions with other GetLegal Site visitors and Members. We reserve the right, but have no obligation, to monitor disputes between you and others.
Limitation on Liability
Our Sites and our Services may be temporarily unavailable from time to time for maintenance or other technical reasons. GetLegal 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.
GetLegal 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 GetLegal 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 GetLegal 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 GetLegal is aware or has been advised of the possibility of such damages.
Notwithstanding the above limitations, GetLegal’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 GetLegal.
If you register to become a Member or post content on one or more of our Sites, please keep in mind that GetLegal 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.
• As may otherwise be provided in specific terms applicable to specific GetLegal 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 GetLegal 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.
You agree to indemnify and hold harmless GetLegal, 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 GetLegal, 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.
Please contact firstname.lastname@example.org if you have questions or need more information about this Agreement.