Lawyer Search Directory - Terms and Conditions
Your access to or use of the doyourownwill.com web site (the "Web Site") constitutes your agreement to be bound by these terms and conditions and the Lawyer Search Directory offered through the web site. If you do not agree to be bound by these terms and conditions, you (the "User") must not use and must immediately terminate your use of this web site and the Lawyer Search Directory accessible by you through this web site (hereinafter referred to as the "Directory").
1. Web Site Description. The Doyourownwill.com is made available by the Trial Data, Inc. (the "Company"). The information and services provided on the Web Site are not intended to provide - and should not be construed as providing - legal advice or legal services. The Directory allows Users of the Web Site to conduct searches of the Company's Member Attorneys (herein called "Member Attorneys"), and to initiate contact with Member Attorneys of the User's choosing. Neither the Company, the Web Site, nor the Search Directory is a lawyer referral service. The content on the Web Site, including but not limited to the Directory, and other resources and information, is for personal use by Users only.
2. Listings of Attorneys. The information about Member Attorneys, as set forth in the Directory, is provided by the Member Attorneys themselves. The Company does not warrant the validity of the information provided by Member Attorneys, unless otherwise specifically provided herein. The Company does not endorse or guarantee the quality of any Member Attorney's legal services or expertise. The Company does not review the content of the listings that are provided by Member Attorneys. The Company is not responsible for any material or information provided by Member Attorneys. A description or indication of a practice area or areas by a Member Attorney does not mean that any agency or board has certified such Member Attorney as a specialist or expert in any particular field of law, nor does it mean that such Member Attorney is any more expert or competent than any other attorney. All Users of the Web Site are encouraged to make their own independent investigation and evaluation of any Member Attorney. The use of any or all information on the Web Site or materials linked from the Web Site is entirely at the User's risk.
3. User Discretion. Users have sole discretion whether to contact or be contacted by a Member Attorney(s) through the Company's, and nothing in the Web Site or the Directory is intended or should be construed as directing a User to contact or select a particular Member Attorney. The determination of the need for legal services and the choice of a Member Attorney are important decisions and should not be based solely upon a Member Attorney's listing or a Member Attorney's self-proclaimed areas of practice. Users are solely responsible for verifying a Member Attorney's credentials and qualifications, for determining the necessity and adequacy of a Member Attorney's insurance coverage, and for the ultimate selection of any Member Attorney, if any.
4. No Attorney-Client Relationships or Agreements for Legal Representation. Use of the Web Site or Lawyer Search Directory is not intended to and does not create a privileged, confidential or attorney-client relationship between Users, the Company, and/or its Member Attorneys. Users have sole discretion whether to contact or be contacted by a Member Attorney(s) and are solely responsible for making their own selection, if any. Any agreements regarding legal services or fees must be done outside the scope of the Lawyer Search Directory, are strictly between the User and the Member Attorney(s), and do not involve the Company in any way. Information contained on or made available through the Web Site and the Lawyer Search Directory is not intended to - and does not constitute - legal advice or counseling under any circumstance. The Company does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked from the Web Site. The Company is not a law firm and does not receive any portion of any Member Attorney's fees. The Company is not involved in or responsible for any transactions that might occur between Users and Member Attorneys, and the Company does not guarantee that such transactions will occur. Users and Member Attorneys are solely responsible for compliance with all laws and regulations governing their interactions via the Lawyer Search Directory, including, with respect to Member Attorneys, compliance with all ethics and bar association rules and regulations applicable to their practice. The attorney listings on the Lawyer Search Directory are attorney advertisements and do not constitute a referral, recommendation or endorsement by the Company or, except as otherwise provided in the Florida Rules, any approved or authorized lawyer referral service.
5. Confidential Information is not to be Disclosed. Nothing submitted to this Web Site is to be treated as confidential. Because of the nature of the internet, any and all information provided through this Web Site and the Lawyer Search Directory is subject to interception by third parties. You acknowledge that disclosure of electronic communications sent through the Web Site and the Lawyer Search Directory may occur. Therefore, you should not disclose any privileged, confidential and/or specific information regarding matters for which you are using the Web Site or the Lawyer Search Directory. Users should describe their issue or dispute in general terms only. Specific information should only be revealed outside the scope of the Lawyer Search Directory after the User has signed a retainer agreement with the Member Attorney.
6. Conflicts of Interest. The avoidance of attorney conflicts of interest is outside the scope of the Lawyer Search Directory. You and the Member Attorney you contact via the Lawyer Search Directory are solely responsible for ensuring there are no conflicts of interest in any relationships that are formed after general contact is made via the Lawyer Search Directory.
7. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, limited revocable license (1) to access and use the Web Site and the Lawyer Search Directory strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site and the Lawyer Search Directory solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Lawyer Search Directory solely for internal, personal, non-commercial purposes, provided that you maintain all copyright and other notices contained therein.
9. Policy on Unsolicited Commercial Email. The Company does not authorize the use of the Web Site or the Lawyer Search Directory for the purpose of gathering information for or transmitting unsolicited commercial email over the Internet to Member Attorneys or other third parties. Internet email sent to or through the Company's computer systems or to Member Attorneys or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Company's computer systems is strictly prohibited. Email that is relayed to or through the Company's computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. The Company prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. The Company prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited commercial email.
10. Intellectual Property Rights. Except for the limited license contained in paragraph 7 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site, the Lawyer Search Directory, and their content, and any software used in connection with the Web Site and the Lawyer Search Directory is owned by the Company, its licensors, or Member Attorneys, as applicable. Except as expressly authorized by the Company, you agree not to modify, sell, distribute or create derivative works based on the Web Site, its Service, or any related software, in whole or part.
11. No Solicitation. You shall not distribute to any persons or entities identified via the Web Site or the Lawyer Search Directory any content or material containing solicitations or advertising of any kind without the express prior written permission of the Company. Member Attorneys are prohibited from soliciting employment from prospective clients through the Web Site or any of its interactive features. In interactive forums made available through this Web Site if any, you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such. In no event may any person or entity solicit any Member Attorney or create a Lawyer Search Directory or law firms through this Web Site or with data retrieved from this Web Site.
12. Registration or Submission of Personally Identifiable Information. Certain sections of this Web Site may require that you register or submit personally identifiable information. If this is requested, you agree to provide the Company with accurate, complete information, using your real name and accurate information. Each registration or submission is for your personal use only, unless specifically designated otherwise on the page where the information is requested. For those sections of the Web Site requiring registration, if any, the Company does not permit (a) any other person to use the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing unauthorized use. If you believe there has been unauthorized use, you must notify the Company immediately.
13. License of Your Content to Provider. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) the Company a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
14. Linking to the Web Site. You may provide links to this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site and (b) you discontinue providing links to this Web Site immediately upon request by the Company.
15. Third-Party Content. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. The Company shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider. You agree to abide by any terms, conditions and intellectual property rights of such third parties.
16. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. The Company will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.
17. Representations and Warranties. You represent and warrant that (i) you will provide true, accurate and complete information as may be requested or required to use the Lawyer Search Directory; (ii) you will not permit third parties to use your email address, or use third parties' email addresses, in connection with your use of the Lawyer Search Directory; (iii) you will not use the Lawyer Search Directory in any manner or for any purpose that violates any local, state, national, or international laws or regulations, or that infringes the intellectual property or privacy rights of others and (iv) you will not use the Lawyer Search Directory to transmit unsolicited commercial email or any information or materials that are unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise similarly objectionable as determined by the Company in its sole and absolute discretion.
18. Errors, Corrections and Additions. The Company does not represent or warrant that the Web Site or the Lawyer Search Directory will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. The Company may make improvements and/or changes to its features, functionality or content of the Web Site at any time and may add additional services to the website. All additional services shall be covered by these Terms and Conditions of Use as part of this Web Site.
19. Disclaimer. THE WEB SITE AND THE LAWYER SEARCH DIRECTORY IS PROVIDED ON AN "AS IS" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE WEB SITE, ITS SERVICE AND THEIR CONTENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE LAWYER SEARCH DIRECTORY, AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE OR ANY THIRD PARTY COMMUNICATION DIRECTED TO YOU FROM ANY THIRD PARTY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEB SITE OR ITS SERVICE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR ITS SERVICE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.
20. Limitation of Liability and Damages. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM THE WEB SITE OR ITS SERVICE, FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR ITS SERVICE OR FROM THESE TERMS AND CONDITIONS OF USE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE, ITS CONTENT; OR THE LAWYER SEARCH DIRECTORY AND (B) YOUR PARTICIPATION IN INTERACTIVE AREAS OF THE WEB SITE INCLUDING BUT NOT LIMITED TO BLOGS OR FORUMS AND (C) THESE TERMS AND CONDITIONS OF USE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, THE COMPANY'S SOLE OBLIGATION TO YOU OR ANY THIRD PARTIES FOR ANY AND ALL CLAIMS OR DAMAGES SHALL BE LIMITED TO $10.00.
21. Waiver and Release. You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, affiliates, and its and their directors, officers, employees and agents, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Service, any disclosure of information resulting from your use of the Lawyer Search Directory, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Lawyer Search Directory.
22. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claims, demands, actions, and judgments, including reasonable attorneys' fees and costs, made by any third party, including a Member Attorney, relating to or arising out of: (i) your use of the Web Site or the Lawyer Search Directory; (ii) any interaction or transaction between you and a Member Attorney; (iii) your breach of these Terms and Conditions of Use; (iv) your violation of any rights of a third party.
23. Termination. The Company may terminate your use of the Web Site or the Lawyer Search Directory immediately at any time if you breach any provisions of these Terms and Conditions, misuse the Web Site or the Lawyer Search Directory in any way, or use the Web Site or the Lawyer Search Directory in any way that interferes or interrupts the proper use of the Web Site or its Service by others. Misuse of the Lawyer Search Directory may cause irreparable harm to the Company, for which monetary damages will not be a sufficient remedy. As a result, in addition to any other remedies, the Company will be entitled to injunctive relief to prevent misuse of the Lawyer Search Directory.
24. Remedies for Violations. The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to any of the Company's Web Sites and their features.
25. Unlawful Activity. The Company reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
26. Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Washington and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Washinton and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions.
27. Privacy. Your use of the Web Site is also subject to the Company's Privacy & Security Policy.
29. Severability of Provisions. These Terms and Conditions incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and the Company with respect to access to and use of the Web Site. If any provision of these Terms and Conditions is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
30. Non-Assignment. These Terms and Conditions are not assignable or transferable and may not be sublicensed by you without the Company's prior written consent. The Company may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions.