The Site is a paid attorney advertising forum. Company is not a law firm or a lawyer referral service. As such, Company offers no legal advice, recommendations, mediation or counseling in connection with any legal matter, under any circumstances, and nothing we do and no element of the Site should be construed as such. You should always check with your attorney, accountant and/or other advisors to be sure that any other advice, products and/or services offered by and through the Site are appropriate for you. Company disclaims any and all liability for any loss, damage, or injury based on information directly or indirectly obtained through the Site.
Company is not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor is the information provided by you to Company considered protected health information under HIPAA. Therefore, Company does not need to comply with HIPAA privacy or security rules.
(a) The Site provides paid attorney advertising. Company does not sponsor, recommend or endorse any Third Party Legal Professionals that are accessible by and through the Site. Company does not provide attorney referral services. The Site facilitates communication between Third Party Legal Professionals and potential users of associated Legal Services. The Third Party Legal Professionals that are accessible by and through the Site pay a fee for inclusion therein. Company does not guarantee that Applicants will successfully find legal representation through the Site.
(b) Please use caution and common sense when using the Site. Company in no way endorses the content or legality of any responses, statements or promises made by Third Party Legal Professionals, Applicants or any other parties, on the Site or otherwise through the Legal Services. Content and other information submitted or made available by Third Party Legal Professionals is not verified or reviewed in any way before it appears on the Site or otherwise through the Legal Services. Company does not warrant the validity or accuracy of any such content or information.
(c) The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise or cost offered by any Third Party Legal Professional. Company does not review the standing of any Third Party Legal Professionals with any regulatory authority or bar association. Therefore, Company makes no representation regarding the status, standing or ability of any Third Party Legal Professional. When considering employing a Third Party Legal Professional, Applicants should check that Third Party Legal Professional’s standing with the applicable state bar association.
(d) Company is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by any Third Party Legal Professionals that are accessible through the Site. Please be aware that no agency or board may have certified such Third Party Legal Professional as a specialist or expert in any indicated field of law practice. In addition, a Third Party Legal Professional claiming specialization is not necessarily any more expert or competent than other legal professionals. Applicants should make an independent investigation, confirm and verify all claims made by Third Party Legal Professionals. Applicants are encouraged to use caution when reviewing any information submitted by Third Party Legal Professionals.
(e) Company does not involve itself in the agreements between Applicants and Third Party Legal Professionals or the actual provision of Legal Services in connection with the relationships created thereby. Therefore, Company does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Applicants or Third Party Legal Professionals. The Applicant, and not Company, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Legal Professionals that the Applicant is contacted by via the Site.
2. Acceptance/Scope/Modification of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check the Site for updates and/or changes.
3. Requirements. The Site is available only to individuals that: (a) do not reside in any state where the services provided by and through the Site are prohibited by applicable law, rules, regulations or bar association ethical guidelines; (b) are at least eighteen (18) years of age (or the age of majority in their respective jurisdiction, if the age of majority is greater than eighteen (18) years of age); and (c) can enter into legally binding contracts under applicable law.
4. No Attorney-Client Relationship. Any use of the Site by an Applicant is not intended to, and will not create, an attorney-client relationship between any such Applicant and Company. Without limiting the foregoing, any information submitted to Company and/or any electronic or other communication sent to Company will not create, or be covered by, an attorney-client relationship between the Applicant and Company.
Please be advised that the Registration Data submitted by you, and any and all other information provided by you to Company is not protected by the attorney-client privilege, and submitting this information does not create an attorney-client relationship.
Upon entering your Registration Data and clicking on the applicable submission button on the Site, Company may transfer all or some of your Registration Data to the applicable Third Party Legal Professional(s) in connection with facilitating your request for Legal Services from same.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Company is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, the Legal Services or for any dispute between you and any Third Party Legal Professional. You understand and agree that Company shall not be liable to you or any third party for any modification, suspension or discontinuation of any service offered by any Third Party Legal Professional. If Company terminates the Agreement for any reason, Company shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Company. The Agreement only governs your use of the Site.
6. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Your right to use the Site is not transferable.
7. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to the Site or any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by Company does not constitute a waiver of any right in or to such information and/or materials.
8. Editing and Deleting. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
9. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Legal Services; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Legal Professional; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 9 are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties. THE SITE, LEGAL SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, LEGAL SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE SITE, LEGAL SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR LEGAL SERVICES FROM ANY THIRD PARTY LEGAL PROFESSIONALS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, LEGAL SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE SITE, LEGAL SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, THE THIRD PARTY LEGAL PROFESSIONALS OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, LEGAL SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR LEGAL SERVICES FROM ANY THIRD PARTY LEGAL PROFESSIONALS; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; OR (E) ANY OTHER MATTER RELATING TO THE SITE, LEGAL SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY AND ITS THIRD PARTY LEGAL PROFESSIONALS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SITE, LEGAL SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
12. Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, the websites of Third Party Legal Professionals. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
14. Legal Warning. Any attempt by any individual, whether or not a Company customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
15. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning Company, the Site, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found at www.partysoberclothing.com. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site at www.partysoberclothing.com For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with arbitration the and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
16. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or any Company offering is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
17. Contact Us. If you have any questions regarding the Agreement, or would like more information from Company, please contact us at:firstname.lastname@example.org.