PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING lawyersinFOCUS.com. This site and all content, information and services accessible through it ("lawyersinFOCUS.com") is made available by Lawyers In FOCUS, a division of BWM Marketing LLC, a California Corporation, ("lawyersinFOCUS.com"), and may be used only under the following terms and conditions.
BY ACCESSING AND USING lawyersinFOCUS.com, YOU ("User") AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement").
1.1 Grant. User is granted a non-exclusive, non-transferrable, revocable, limited license to access and use lawyersinFOCUS.com on any single computer for personal, non-commercial use. Lawyers In FOCUS may terminate this license without notice at any time and for any reason.
1.2 Limitations. User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use lawyersinFOCUS.com, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with Lawyers In FOCUS's prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). User may not alter or modify information and services provided through lawyersinFOCUS.com in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of lawyersinFOCUS.com, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy lawyersinFOCUS.com without Lawyers In FOCUS's prior written permission.
1.3 Intellectual Property Rights. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. User acknowledges that lawyersinFOCUS.com is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
2 Registration. Certain sections of lawyersinFOCUS.com require registration to access and use information and services. If User elects to register, User agrees to provide Lawyers In FOCUS with accurate, complete registration information. User will inform Lawyers In FOCUS of any changes to registration information. User warrants that registration is for a single person only, and that User will not permit anyone other than User to access and use sections of lawyersinFOCUS.com requiring registration using User's name and password. User is responsible for all access to and use of lawyersinFOCUS.com through User's name and password, including access of any services the use of which results in monetary charges to User, whether or not User has knowledge of or authorizes such access and use. User will notify Lawyers In FOCUS immediately of any unauthorized use of User's name and password, or if User suspects the privacy of User's name and password has been jeopardized.
3 Publication and Use of Interactive Services.
3.1 Grant of License. By publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials ("Posted Materials") to Lawyers In FOCUS, including messages posted on message boards and materials published in directories on lawyersinFOCUS.com, User automatically grants, or warrants that the owner of the following rights has expressly granted, to Lawyers In FOCUS, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Materials, and incorporate Posted Materials into any medium or technology, now known or later developed.
3.2 Lawful Use Only. User will not publish, upload, submit or distribute any Posted Materials on lawyersinFOCUS.com which are unlawful or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally. Lawyers In FOCUS may delete any of User's Posted Materials at any time, without User's permission.
3.3 Posted Materials Attributed & Truthful. Posted Materials submitted for publication on lawyersinFOCUS.com will be accompanied by User's name and shall not be submitted anonymously. User warrants that such Posted Materials will not misrepresent his or her identity or affiliation with any person or entity.
3.4 No Lawyers In FOCUS Obligation to Monitor. Lawyers In FOCUS has no obligation or intent to edit, monitor or screen Posted Materials and is not responsible for the content in, or linked to or from, Posted Materials. Lawyers In FOCUS may examine lawyersinFOCUS.com for adherence to the Agreement and remove any materials that may be objectionable or violate the Agreement.
3.5 Commercial Use Prohibited. Services on lawyersinFOCUS.com that allow User to contact, communicate or interact with other users, Lawyers In FOCUS or Lawyers In FOCUS affiliates and customers ("Interactive Services") are provided to User solely for personal use. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in Posted Materials delivered through Interactive Services without the express written permission of Lawyers In FOCUS.
3.6 Attorney-Client Relationship & Confidentiality. User acknowledges that no attorney-client relationship is formed through the use of Interactive Services, and that User has no expectation of privacy or confidentiality of communications occurring through Interactive Services.
4 User Attorney Ethics & Practice of Law. If User is an attorney participating in any aspect of lawyersinFOCUS.com, including but not limited to Interactive Services, User acknowledges that the Rules or Codes of Professional Conduct ("Rules") of the jurisdictions in which User is licensed apply to all aspects of User's participation and that User will abide by such Rules. Lawyers In FOCUS disclaims all responsibility for User's compliance with these rules. User warrants that Interactive Services will be used to provide general information only, and not for the provision of legal advice or the practice of law.
5 No Legal Advice or Practice of Law. lawyersinFOCUS.com provides information on law and legal topics and is designed for informational purposes only. User acknowledges that under no circumstances is Lawyers In FOCUS, its agents, affiliates or customers, providing legal advice or representation through lawyersinFOCUS.com, and that nothing on lawyersinFOCUS.com is intended as a substitute for legal advice from an attorney.
6 Third Party Content. Third party content, messages and services may appear on lawyersinFOCUS.com or may be accessible through links from lawyersinFOCUS.com. Lawyers In FOCUS is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from lawyersinFOCUS.com. User acknowledges that the information and opinions in the third party content are neither endorsed by nor reflect the beliefs of Lawyers In FOCUS.
7 Advertisers & Sponsors. User acknowledges that lawyersinFOCUS.com may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on lawyersinFOCUS.com is accurate and complies with any and all applicable laws. User agrees that Lawyers In FOCUS will not be responsible for the illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.
8 Digital Millennium Copyright Act Notice. Lawyers In FOCUS has registered an agent with the United States Copyright Office as outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C.A. § 512). Upon notice of alleged copyright infringement, Lawyers In FOCUS will remove or block access to the material, provide notice to the user who posted the material and proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C.A. § 512). Lawyers In FOCUS may block access to areas of its site to repeat infringers. All notices of alleged copyright infringement through lawyersinFOCUS.com should be sent to:
9 DISCLAIMER OF WARRANTIES. lawyersinFOCUS.com IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Lawyers In FOCUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. Lawyers In FOCUS MAKES NO WARRANTY THAT ACCESS TO lawyersinFOCUS.com OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Lawyers In FOCUS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF lawyersinFOCUS.com, INCLUDING BOTH Lawyers In FOCUS AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH lawyersinFOCUS.com, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN lawyersinFOCUS.com, (C) THE UNAVAILABILITY OF lawyersinFOCUS.com OR ANY PORTION THEREOF, OR (D) USER'S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF lawyersinFOCUS.com.
11 LIMITATION OF LIABILITY. USER'S EXCLUSIVE REMEDY AND Lawyers In FOCUS'S, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF lawyersinFOCUS.com WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC lawyersinFOCUS.com FEATURE WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Lawyers In FOCUS, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM RELATING IN ANY WAY TO (A) USER'S INABILITY OR FAILURE TO USE lawyersinFOCUS.com PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY Lawyers In FOCUS, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON lawyersinFOCUS.com DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE lawyersinFOCUS.com, EVEN IF Lawyers In FOCUS, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Lawyers In FOCUS SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
11 Limitation of Claims. Except for claims relating to improper use of lawyersinFOCUS.com, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
13 Entire Agreement. This Agreement embodies the entire understanding between User and Lawyers In FOCUS with respect to the subject matter herein, and supercedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
14 Force Majeure. Lawyers In FOCUS's performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
15 General Provisions. This Agreement will be governed by and construed under the law of the state of California, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in California will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Subscriber without BWM Marketing LLC's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby minnesota. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.