GetAttorneys.Net Terms and Conditions of Use ("Terms")
IN THESE TERMS, "WE," "US," "ITS" AND "OUR" REFER TO MACTOR TECHNOLOGY. Its
parent corporation, subsidiaries, and affiliated companies ("COMPANY"), AND
"YOU" AND "YOUR" REFER TO YOU. Before using GetAttorneys.Net, please read these
Terms relating to your use of this web site carefully.
1. USE OF SERVICES
COMPANY offers online directory for law Office and content creation
on GetAttorneys.Net, COMPANY offers GetAttorneys.Net to you, provided that you
represent that you are of legal age to create binding contractual and financial
obligations for any liability that you may incur as a result of your use of
GetAttorneys.Net
Your use of GetAttorneys.Net constitutes your agreement with the Terms and the
GetAttorneys.Net policies ("Policies") posted from time to time and the Privacy
Statement, both of which are incorporated by this reference into the Terms. Your
use of a particular GetAttorneys.Net service ("Service") may be subject to
specific guidelines ("Service-Specific Rules") posted from time to time and
incorporated by this reference into the Terms. Use of the Services constitutes
full acceptance of and agreement to the Service-Specific Rules.
If you do not agree to these Terms, then you are not granted rights to use
GetAttorneys.Net or any of its Services, and you should refrain from accessing
GetAttorneys.Net and its Services. If you violate any of these Terms, your
permission to use GetAttorneys.Net automatically terminates.
GetAttorneys.Net reserves the right to update and change the Terms, including
without limitation the Privacy Statement, Policies and/or Service-Specific
Rules, from time to time. COMPANY will alert users of any changes by email.
Updates and changes to these Terms will be reflected in and accessible through
the URL where such Terms first appeared. Users should periodically review the
most recent version of the Terms, including without limitation the Privacy
Statement, Policies and Service-Specific Rules. Use of GetAttorneys.Net after
changes to the Terms constitutes acceptance of any changes. It is therefore
important that you regularly review these Terms and keep your contact
information current to ensure you receive any changes via email.
Please note that there are risks, including but not limited to the risk of
physical harm, of dealing with strangers, including persons who may be acting
under false pretenses. Please choose carefully the information you post on this
web site and that you give to other web site users. You assume all risks
associated with dealing with other users. We expect that you will use caution
and common sense when using this web site.
2. GetAttorneys.Net PRIVACY STATEMENT
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. Our web site may contain
information request forms which request you to give us information (such as
certain names, email addresses, and passwords) which they wish to keep
confidential, as well as much information intended for publication on the web
site as part of an listing with us.
You understand that the technical processing and transmission of COMPANY
Services, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks, devices or services.
3. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that COMPANY has no responsibility or liability for the deletion or
failure to store any Content or other communications maintained or transmitted
on GetAttorneys.Net. While COMPANY will use reasonable efforts to back up site
data and make such data available in the event of loss or deletion, COMPANY has
no responsibility or liability for the deletion or failure to store any
communications or Content maintained or transmitted on GetAttorneys.Net.
Though COMPANY may currently have no set fixed upper limit on the number of
transmissions you may send or receive through GetAttorneys.Net, or the amount of
storage space you use on the site, COMPANY retains the right, at its sole
discretion, to create limits at any time and COMPANY will alert users of any
such limits by email and post updated Terms in accordance with Section 1.
COMPANY reserves the right to mark as "inactive" and archive
GetAttorneys.Net
accounts and/or projects that are inactive for extended periods of time.
Upon the termination of your GetAttorneys.Net account, for any reason, including
as a result of inactivity, violation of these Terms, or receipt of a certificate
or other legal document confirming your death, COMPANY will close your account
and you will no longer be able to retrieve materials contained in that account.
GetAttorneys.Net will not pre-screen or review Content, but COMPANY reserves the
right (but does not undertake the obligation) in its sole discretion to: (a)
monitor the web site for violations of these Terms, (b) take appropriate legal
action against anyone who, in COMPANY's sole discretion, violates these Terms,
including, without limitation, reporting you to law enforcement authorities; (c)
refuse, restrict access to or the availability of, or disable (to the extent
technologically feasible) any user's Content or any portion thereof that may
violate these Terms or any COMPANY policy; (d) terminate the accounts of repeat
infringers; (e) otherwise manage the web site in a manner designed to protect
the rights and property of COMPANY and others and to facilitate the proper
functioning of the web site; and (f) restrict access to or the availability of
material that COMPANY, in its sole discretion, considers to be obscene, lewd,
lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
4. GetAttorneys.Net MARKETPLACE
We may change the fees for our GetAttorneys.Net Marketplace services from time to
time in our sole discretion upon fourteen (14) days advance notice. You are
responsible for paying all fees and all applicable taxes associated with using
our GetAttorneys.Net Marketplace. If COMPANY terminates your use of the web site
for breach of these Terms, you will not be entitled to any refund of any portion
of the fees.
Using contact information obtained from GetAttorneys.Net Marketplace to solicit
services outside of the GetAttorneys.Net Marketplace is not permitted. If you have
impermissibly solicited for services outside of the GetAttorneys.Net Marketplace,
please report the solicitation to us by sending a copy of solicitation, and if
by email, include the full header in order for us to trace the pathway of the
email.
5. LINKS TO THIRD PARTY WEB SITES
Links to third party web sites on GetAttorneys.Net are provided solely as a
convenience to the user. When a user uses these links, the user leaves
GetAttorneys.Net. GetAttorneys.Net has not reviewed all of these third party sites,
does not control, and is not responsible for, any of these sites, their content
or privacy practices. GetAttorneys.Net does not endorse or make any
representations about the third party sites, or any information, services, or
products found on the sites. If a user decides to access any of the linked
sites, GetAttorneys.Net encourages the user to read their privacy statements. The
user accesses such sites at user's own risk.
6. INDEMNITY
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND COMPANY AND EACH OF THEIR
ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES,
AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, "COMPANY
INDEMNIFIED PARTIES") FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS,
PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS ("CLAIMS") (INCLUDING BUT
NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL
COSTS), ARISING FROM OR RELATED TO (A) YOUR (OR ANY USER'S OF YOUR ACCOUNT)
ACCESS TO OR USE OF GetAttorneys.Net AND SERVICES, INCLUDING, WITHOUT LIMITATION,
YOUR OR OTHERS' ACCESS OF CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE
WEB SITE OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM
THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS ,
INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS
AGREEMENT; OR (C) YOUR CONTENT OR PROVISION TO GetAttorneys.Net OF INFORMATION OR
ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA OR MATERIALS. THE COMPANY
INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE
THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH
YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE COMPANY INDEMNIFIED
PARTIES ("INDEMNIFIED CLAIM'). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT
THE PRIOR WRITTEN CONSENT OF THE CONCERNED COMPANY INDEMNIFIED PARTIES.
7. DISCLAIMER OF WARRANTIES
GetAttorneys.Net compiled and published by us, as a service to the public, much
like a yellow page but on a convenient, nationwide basis. However, We does not
provide or arrange for the provision of attorney services or supplies and the
GetAttorneys.Net is not a referral service. We does not in any way endorse,
guarantee or warrant (1) the qualifications, licensure or abilities of any
individuals or organizations described in the GetAttorneys.Net or (2) the quality
or efficacy of any products or services that these individuals or organizations
may provide. You are solely responsible for reviewing the qualifications of any
attorney provider you may choose, and for determining the appropriateness of any
service or product that your attorney provider may recommend. In no event shall we
be liable to you or any other entity for the direct or indirect consequences of
any decision or action you or any other person might make in reliance on the
information contained in the GetAttorneys.Net, including selection of a attorney provider or a
attorney service or supply
The attorney themselves supply information contained in the GetAttorneys.Net. We does not verify this information and cannot guarantee the
accuracy, completeness, or timeliness of the information or claims contained in
the directory. While we takes reasonable efforts to keep the information
contained in the GetAttorneys.Net up to date, we assumes no responsibility for the
accuracy of the information contained neither in the directory, nor for any
errors or omissions that might be contained in the directory and associated
listings and content.
Individual attorneys or attorney practices may make certain claims of specialty,
experience or competence within their GetAttorneys.Net listings. All such claims
have supplied by the attorney or attorney practices themselves and have not been
investigated or confirmed by us. We are therefore unable to verify whether any
such claims are either accurate or permitted under relevant law, and thus
accepts no responsibility whatsoever resulting from any errors or omissions in
this information, or from any decision made or action taken based on this
information.
Information contained in the GetAttorneys.Net (including but not limited to
editorial content, logos and photographs) is either (1) our intellectual
property and/or its affiliated companies or organizations, or (2) is published
in the directory by us under agreements with third party attorneys, attorney
practices and other organizations. The GetAttorneys.Net and/or any of its data,
listings or other constituent elements may not be downloaded, republished,
resold or duplicated, in whole or part, for commercial or other purposes, or for
purposes of compiling mailing lists or any other lists of attorneys. Further, the
use of the GetAttorneys.Net to establish independent data files or compendiums of
statistical information prohibited.
By using our GetAttorneys.Net, you are accepting the proceeding terms and
conditions.
8. LIMITED LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF
ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES
RESULTING FROM: (A) RELIANCE ON THE WEB SITE MATERIALS, (B) LOSS OF USE, DATA,
PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION
THE INABILITY TO USE GetAttorneys.Net SERVICES, UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON GetAttorneys.Net), OR (C) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE), WHETHER BASED ON
BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE
OF THE WEB SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
COMPANY'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS,
INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE
PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY
CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU FOR THE
SERVICES DURING THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE
DAMAGES OR $100, WHICHEVER IS LESS.
9. EXCLUSIONS AND LIMITATIONS
SOME STATES OR JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. RELATIONSHIP OF THE PARTIES
Nothing herein shall be deemed to create an agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship of any kind between
COMPANY and any user nor do these Terms extend rights to any third party.
11. NO THIRD PARTY BENEFICIARIES
You agree that there shall be no third party beneficiaries to the Terms.
12. NOTICE
You agree that COMPANY may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on GetAttorneys.Net.
13. ENTIRE AGREEMENT
The Terms constitute the entire agreement between you and COMPANY with respect
to the subject matter hereof and govern your use of GetAttorneys.Net, superceding
any prior understandings and agreements between you and COMPANY related to the
subject matter hereof for the use of GetAttorneys.Net. The section headings in the
Terms are for convenience only and have no legal or contractual effect.
14. DISPUTES WITH COMPANY, CHOICE OF LAW AND FORUM
All disputes arising out of or relating to these Terms (including its formation,
performance or alleged breach) of your access to or use of the Content and
website, including without limitation your or others' downloading or consumption
of Content or other materials available by means of the web site or third party
web sites, your uploading Content to the web site, or your purchasing of goods
or services from third parties, will be exclusively resolved under confidential
binding arbitration held in Santa Clara County, California before and in
accordance with the rules of JAMS. Notwithstanding the foregoing, COMPANY will
have the right to seek injunctive relief to enforce these Terms or to stop or
prevent an infringement of proprietary or other third party rights.
In the event of litigation or to compel arbitration or to enforce an arbitration
award under this Section, or to obtain an injunction under this Section, the
parties hereby irrevocably consent and submit to the exclusive personal
jurisdiction and venue of the state and federal courts located in Santa Clara
County, California. The Terms and the relationship between you and COMPANY shall
be governed by the laws of the State of California without regard to its
conflict of law provisions. You agree the UN Convention on Contracts for the
International Sale of Goods shall not apply.
15. WAIVER AND SEVERABILITY OF TERMS
The failure of COMPANY 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.
16. TIME LIMIT FOR FILING CLAIMS
Any claim or cause of action arising out of or related to use of
GetAttorneys.Net
or the Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
17. ASSIGNMENT
In our sole discretion, we may assign these Terms by providing notice in
accordance with the notice Section should COMPANY ever file for bankruptcy or in
the event of a sale, merger, acquisition or other transfer of all or
substantially all of GetAttorneys.Net.
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