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I. Introduction
LegalMatch starts every new User relationship with
a contract. The contract spells out what you can expect from us, and what
we expect from you. We do not know each User personally, so it is important
to set out the ground rules clearly in advance.
If you agree to this contract, welcome to our system!
If you have any questions about any part of the contract, please contact
us about it! We will be glad to explain why these contract provisions are
important for our system. We would like to work with you on making changes
if you can show us a better approach.
Please remember that until there is an agreement in place, you will not
receive full access to our system.
In this agreement, we have referred to the LegalMatch service as the "Service",
to you as the "User" and to this contract as the "Agreement".
II. Relationship Between LegalMatch And User:
Providing Only a Venue
LegalMatch is an Internet forum that facilitates communication
between legal professionals and potential users of legal services. LegalMatch
acts as a venue for providers and purchasers of legal services to exchange
information with the goal of eventually forming a professional relationship.
LegalMatch does not guarantee that Users will successfully find an attorney
through this system. LegalMatch takes no position and offers no opinion
on when or if an attorney-client relationship has been formed.
In order to provide an optimal forum for attorneys and clients, LegalMatch
does not involve itself in the agreements between attorneys and clients
or the actual representation of clients. Therefore, we cannot ensure the
completion of the agreement or the integrity of either party. The User,
and not LegalMatch, is solely responsible for assessing the integrity, honesty,
and trustworthiness of all persons with whom the User communicates on the
Service.
• Disclaimer of attorney-client relationship
Any form of use of the Service by a subscribing attorney or potential client
is not intended to and will not create an attorney-client relationship between
any person or entity and LegalMatch. Any electronic communication sent to
LegalMatch will not create an attorney-client relationship between the User
and LegalMatch, such being expressly denied.
• LegalMatch does not screen or vouch for any of its Users
Providing a service where potential clients and attorneys can meet does
not imply an endorsement of any subscribing attorney. LegalMatch makes no
representation concerning an attorney's qualifications (except that the
attorney was licensed to practice law in at least one state at the time
of registration), nor does it sanction statements an attorney may post on
the system. LegalMatch does not screen potential cases, or otherwise channel
potential clients to selected attorneys.
• LegalMatch Does not provide legal advice
LegalMatch is not a law firm. LegalMatch offers no legal advice, recommendations,
mediation, or counseling under any circumstance. LegalMatch encourages the
User not to accept, as legal advice, any information received from any source
found on this service, unless it is from an attorney the User has retained.
• Disclaimer of representations by Users
LegalMatch makes no representation, guarantee, or warranty (express or implied)
as to the legal ability, competence, or quality of representation which
may be provided by any of the attorneys or law firms which may submit bids
and/or are listed through this Web site or any affiliate thereof.
III. User Guidelines
In order to keep this system attractive and useful for
all Users, it is important that Users follow the rules of the system. Some
of these rules are described in this contract, and the rest in bulletins
posted at various points in the system. LegalMatch reserves the right to
deny further access to its service to any User who violates these rules,
is the subject of complaints by other LegalMatch Users, for any other reason,
or for no reason at all.
Users may not engage in any of the following activities on our system:
• do or say anything to injure or harm others
• display material containing nudity or pornographic material of any
kind
• provide material that is grossly offensive to the online community,
including blatant expressions of bigotry, prejudice, racism, hatred, or
profanity
• promote or provide instructional information about illegal activities,
or promoting physical harm or injury against any group or individual
• defame any person or group
• display material that exploits children under 18 years of age
• violate the rights of another, including but not limited to the intellectual
property rights of another. This includes using the Service for acts of
copyright, trademark, patent, trade secret, or other intellectual property
infringement, including but not limited to offering pirated computer programs
or links to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for software
programs, or any type of cracker utilities (this also includes files which
are solely intended for game emulation)
• violate Internet standards
• use the Service for displaying harassing, abusive, threatening, harmful,
vulgar, obscene, or tortuous material or invading other's privacy
• interfere with or disrupting the Service or servers or networks connected
to the Service by posting advertisements or links to competing services,
transmitting "junk mail", "spam", "chain letters",
or unsolicited mass distribution of e-mail
• encourage any illegal activity, including anything to do with illegal
drugs, gambling, pornography, prostitution, child pornography, robbery,
spreading computer viruses, cracking into private computer systems, software
infringement, trafficking in credit card codes, or other crimes
• compromise the security of the Service LegalMatch provides. Do not
try to gain access to system areas private to LegalMatch, or to other Users.
IV. Ratings
As part of our service to all Users, LegalMatch provides
a forum for clients to comment on their experiences with the attorneys reached
by using the Service. Comments posted on the comment board will be available
for review by all LegalMatch Users and attorneys. While we encourage open
and unrestricted use of the forum, we do not tolerate offensive conduct.
When using the discussion forum to comment on your experiences, please keep
the comments accurate, constructive and civil. Bear in mind that use of
disparaging and defamatory comments does not serve the purpose of the forum
and may result in legal liability to the User. LegalMatch reserves the right
to terminate this agreement and restrict future access to the Service to
Users who post comments that are defamatory, hostile, vulgar, or otherwise
distasteful.
V. Disclaimer of Information Obtained on the Service
LegalMatch provides attorneys and potential clients
with a forum that functions as an open market. LegalMatch is not responsible
for the content of materials posted on its Web sites. The opinions and views
expressed are those of the individual Users of the Service and do not reflect
those of LegalMatch. Data submitted by other Users (both attorneys and lay
persons) is not verified or reviewed in any way before it appears on the
LegalMatch Web site. LegalMatch does not warrant the validity or accuracy
of any such information. Please use caution and common sense when using
this site.
LegalMatch does not continuously review the standing of any attorney subscriber
with any regulatory authority. When considering employing any attorney or
law firm, Users should check the attorney's or law firm's standing with
the applicable regulatory body.
LegalMatch makes every effort to verify that attorneys who subscribe to
the Service are licensed and in good standing in at least one state within
the United States at the time of registration. However, LegalMatch is unable
to track, verify, or monitor the standing of each attorney using the Service.
Therefore, LegalMatch makes no representation regarding the status, standing
or ability of any attorney or law firm that submits bids, or is listed through
this Web site.
Users are urged to make their own independent investigation and evaluation
of any attorney or law firm being considered. The determination of the need
for legal services and the choice of an attorney are extremely important
decisions and should not be based solely on advertisements, claims of expertise,
or on the cost of rendering the requested legal services.
LegalMatch is not responsible for, and in no way endorses, any description
or indication of specialization or limitation of practice by an attorney
or law firm. Please be aware that no agency or board may have certified
such attorney as a specialist or expert in any indicated field of law practice.
In addition, an attorney claiming specialization is not necessarily any
more expert or competent than other attorneys. It is up to the User to question
the attorneys on the factual basis of any statement they make, ask for the
names of the certifying agencies, and verify all information.
Users are encouraged to use caution when reviewing any information submitted
by attorneys and other parties. Although LegalMatch strongly encourages
attorneys to comply with all regulations governing attorney conduct, it
is impossible for LegalMatch to monitor attorneys' integrity or compliance
with applicable rules of conduct.
LegalMatch in no way endorses the content or legality of any offers, statements,
or promises made by attorneys or any other parties, on or off this site.
VI. Confidentiality
LegalMatch makes every effort to maintain the confidentiality
of any information submitted by Users to our System and our database of
attorneys. However, because LegalMatch cannot control the conduct of others,
we cannot guarantee that this information will remain confidential. Please
use caution in deciding what information to input into the System. Do not
make any confessions or admissions. Do not use proper names or addresses.
Do not provide any other highly personal, sensitive, or incriminating information.
LegalMatch is not responsible for the release or improper use of such information
by other Users or any release due to error or failure in the System.
User agrees that attorneys contacted by User through the System may report
to LegalMatch on whether their services were engaged by the User and the
total attorney’s fees paid.
VII. Indemnification
The User agrees that LegalMatch is not responsible for
any harm that this service may cause. The User agrees to indemnify, defend,
and hold LegalMatch harmless from and against any and all liability and
costs incurred in connection with any loss, liability, claim, demand, damage,
and expenses arising from or in connection with the contents or use of the
Service. The User agrees that this defense and indemnity shall also apply
to any breach by the User of the Agreement or the foregoing representations,
warranties and covenants. The User further agrees that this defense and
indemnity shall include without limitation attorney fees and costs. The
User also agrees that this defense and indemnity shall apply to LegalMatch,
its affiliates, directors, officers and employees. LegalMatch reserves the
right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by the User and the User
shall not in any event settle any matter without the written consent of
LegalMatch.
VIII. Communications and Other Data
LegalMatch is not responsible for any loss of data resulting
from accidental or deliberate deletion, network or system outages, file
corruption, or any other reasons.
IX. Other LegalMatch Rights
LegalMatch also reserves the following rights:
• to release current or past User information, pursuant to the terms
of the Privacy Policy, in the event
LegalMatch believes that accounts are
in violation of the terms of service or page content guidelines, used to
commit unlawful acts, if the information is subpoenaed, and/or if LegalMatch
deems it necessary and/or appropriate.
• to deny service to offenders of these guidelines or the Agreement
• to terminate or deny service to anyone for any reason or no reason
X. Modifications to Terms of Service
LegalMatch may change the Agreement at any time. The
User will be notified of the change and will be responsible for promptly
reading and complying with the new terms and conditions. Continued use of
the service will indicate acceptance of the new terms and conditions.
XI. Modifications to Service
LegalMatch reserves the right to modify or discontinue,
temporarily or permanently, the Service with or without notice to the User.
The User agrees that LegalMatch shall not be liable to the User or any third
party for any modification or discontinuance of the Service. The User acknowledges
and agrees that any termination of Service under any provision of this Agreement
may be effected without prior notice, and acknowledges and agrees that LegalMatch
may immediately delete data and files in the User's account and bar any
further access to such files or the Service.
XII. LegalMatch's Proprietary Rights
LegalMatch owns certain things on this system, including
the 'look and feel' of the system, the name of the system, and the collective
work copyright in sequences of public messages on the system. Users cannot
reproduce any message thread from the system, either electronically or in
print, without LegalMatch's permission and the permission of all participants
in the thread. This is not a complete list - other things on the system
are also LegalMatch property. Contact LegalMatch before copying anything
from the system with plans of reproducing it or distributing it.
The User acknowledges and agrees that content, including but not limited
to text, software, music, sound, photographs, graphics, video, page layout
and design, or other material contained in the Service or information presented
through the Service is protected by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. The User acknowledges and
agrees that the User is permitted to use this material and information only
as expressly authorized by LegalMatch or its Sponsors, and may not copy,
reproduce, transmit, distribute, or create derivative works of such content
or information without express authorization. The User acknowledges and
agrees that LegalMatch can display images and text throughout the Service.
XIII. Disclaimer of Warranties and Limitation of Liability
A great danger for LegalMatch, and for all operators
of online systems, is that we might be held accountable for the wrongful
actions of our Users. If one User libels another User, the injured User
might blame us, even though the first User was really at fault. If a User
uploads a program with a computer virus, and the other Users' computers
are damaged, we might be blamed even though a User left the virus on our
System. If a User transmits illegal or improper information to another User,
we might be blamed even though we did nothing more than unknowingly carry
the message from one User to another. Accordingly, we need all Users to
accept responsibility for their own acts, and to accept that an act by another
User that damages them must not be blamed on us, but only on the other User.
Although it is LegalMatch's goal to provide Users with a reliable, quality
system, we may make mistakes or experience system failure from time to time.
Such problems are inevitable in operating a system of this size. We would
not be able to make this system available to Users if we had to accept blame
or financial liability for any usability problems, system failures or errors,
or mistakes or damages of any kind. In order to continue offering and improving
our service, LegalMatch must deny any warranties on this service and insure
that our liability for any problems connected with the use of our system
is strictly limited.
These needs are accomplished by the following disclaimers:
Disclaimer of Warranties
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS
AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. LEGALMATCH EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. LEGALMATCH MAKES NO WARRANTY THAT THE SERVICE WILL
MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; NOR DOES LEGALMATCH MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. LEGALMATCH MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER
FROM LEGALMATCH SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
THE USER AGREES THAT LEGALMATCH SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF LEGALMATCH
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES
THAT LEGALMATCH SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER
SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT
OR INTENTIONAL, INADVERTENT OR ADVERTENT.
XIV. Arbitration
Any controversy or claim arising out of or relating
to this Agreement or LegalMatch services shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in the
County of San Francisco, California, and judgment on the arbitration award
may be entered by any court having jurisdiction thereof. Either the User
or LegalMatch may seek any interim or preliminary relief from a court of
competent jurisdiction in the County of San Francisco, California, necessary
to protect the rights or property of the User or LegalMatch pending the
completion of arbitration. This arbitration clause does not prohibit either
LegalMatch or the User from seeking to have the arbitration dismissed or
judicially terminated on the basis the claims in arbitration action fail
to provide a legal basis upon which a claim for relief may be granted. Any
motion or action to dismiss must be filed in a court of general jurisdiction
within the County of San Francisco, California.
XV. General
This agreement, the Agreement, incorporates by reference
our Privacy Policy and any notice by LegalMatch contained in any of the
Web site pages and constitutes the entire understanding between the User
and LegalMatch regarding the User's relationship to our Service.
Users can reach our Service from all fifty states and around the world.
Each of these places has a different set of laws. Since LegalMatch cannot
keep track of all these laws and their requirements, the Agreement and the
relationship between the User and LegalMatch shall be governed by the laws
of the State of California without regard to its conflict of law provisions.
If LegalMatch fails to exercise or enforce any right or provision of this
Agreement, that failure shall not be used to prove that LegalMatch has waived
the right or provision. If any provision of this Agreement 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 that the other provisions of the Agreement
remain in full force and effect. The User agrees that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the Agreement must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no
legal or contractual effect.
We appreciate your interest and support and we welcome you to our community!
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