Attorney-Listings.com terms of service for all paid listings on the website Attorney-Listings.com:
Attorney/Advertiser (herein after referred to as SUBSCRIBER) acknowledges that the sole obligation of Attorney-Listings.com (herein after referred to as AL) and the parties associated with operating the AL website, is to display on this website the SUBSCRIBER content that he/she/they provide when registering on this website for a listing, in accordance with the terms of this Agreement.
By purchasing a listing subscription on AL, whether month to month or yearly, SUBSCRIBER understands that the listing charges will automatically be billed to SUBSCRIBER's credit card each period. SUBSCRIBER further understands that AL does not guarantee any particular order in which the attorney listings will appear on the various AL search pages. AL reserves the right to sell banner advertising space on the various AL search pages.
SUBSCRIBER understands that once this Agreement is executed, if SUBSCRIBER elects to discontinue to advertise on AL prior to expiration of the advertising term, there shall be no refund at all of the amount paid for the advertising period. Notwithstanding the foregoing, AL may terminate this Agreement if SUBSCRIBER fails to pay any amount due hereunder and such non-payment remains uncured for ten (10) days. SUBSCRIBER will pay a 25.00 dollar service charge to AL for any returned check. Advertising rates are subject to change; any rate changes will apply to any renewals requested by SUBSCRIBER after such rate change.
UNDER NO CIRCUMSTANCES shall AL be liable to the SUBSCRIBER for indirect, incidental, consequential, special or exemplary damages (even if such damages are foreseeable, and whether or not AL has been advised of the possibility of such damages) arising from any aspect of the relationship provided for herein. AL shall in no event be liable to SUBSCRIBER for more than the total amount paid to AL by SUBSCRIBER hereunder. AL makes no representations, and hereby expressly disclaims all warranties, express or implied, regarding AL's services or any portion thereof, including any implied warranty of merchantability of fitness for a particular purpose and implied warranties arrising from course of dealing or course of performance. Without limiting the generality of the foregoing, AL specifically disclaims any warranty regarding (1) the number of persons who will access the AL website, and (2) any benefit the SUBSCRIBER might obtain from the AL website.
SUBSCRIBER is solely responsible for any legal liability arising out of or relating to SUBSCRIBER website and/or webpage. SUBSCRIBER represents and warrants that
(1) Their website complies with AL's advertising standards;
(2) SUBSCRIBER is authorized to advertise legal services;
(3) all persons to be listed on the AL website are duly licensed and qualified to practice law in the state or jurisdiction in which SUBSCRIBER has requested that they be listed and are in good standing with the appropriate bar associations;
(4) the listing of the SUBSCRIBER website will not violate any laws, rules or regulations or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity; and
(5) SUBSCRIBER's website complies with all laws, rules and regulations of the state, country or territory in which it is located.
SUBSCRIBER agrees to indemnify AL and to hold AL harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by AL, based on any legal representation or advice provided by the SUBSCRIBER, its shareholders, agents or employees to any individual or entity who may have learned of SUBSCRIBER through its listing with AL or arising out of or related to SUBSCRIBER's breach of any of the foregoing representations and warranties.
In the event that the person or persons listed by SUBSCRIBER on the AL website directory are no longer in good standing with the appropriate bar association, SUBSCRIBER shall contact AL immediately and AL will be entitled to remove the listed person or persons who are no longer in good standing from the AL website directory - no refund shall be given for subscription monies paid to AL.
AL intends the AL directory to be operational 24 hours per day, 7 days a week. However, AL does not guarantee that this will occur. Interruptions of service of less than two days will not be compensated. Longer interruptions will result in an extension of service as SUBSCRIBER's sole compensation for interruption.
AL reserves the right to reject any advertising which is not consistent with AL's standards or is otherwise detrimental to the purpose of the directory, as determined by AL. In addition, AL shall have the right, at any time, to remove any of SUBSCRIBER's advertising and/or terminate this Agreement if AL determines, in its sole discretion, that the SUBSCRIBER's web site or any portion thereof (1) violates AL's then applicable advertising policy; (2) violates any law, rule or regulation or if AL is directed to do so by any law enforcement agency; or (3) is otherwise objectionable to AL. AL reserves the right to suspend any or all of the services provided for in this agreement at any time by providing 5 days notice of suspension. In the event of any such termination, AL shall refund to SUBSCRIBER any unapplied fees, on a pro rata basis, which SUBSCRIBER has paid to AL for display of the AL website.
Copyright advertising furnished by SUBSCRIBER shall contain the proper copyright notice. SUBSCRIBER assumes sole responsibility for the protection of its copyright and any writing, pictorial, illustration, design, mat, map, photograph, or combination thereof owned by SUBSCRIBER and included in its website. AL retains the ownership to any writing, pictorial, illustration, design, mat, map, photograph, software or combination thereof, that AL provides in creating a website for SUBSCRIBER or in conjunction with SUBSCRIBER's listing on the AL website.
AL and SUBSCRIBER are independent contractors, and neither AL nor SUBSCRIBER is an agent, representative or partner of the other. AL may terminate this Agreement at any time in the event of material breach of this Agreement by SUBSCRIBER. This Agreement sets forth the entire agreement between SUBSCRIBER and AL, and supersedes any and all prior agreements (whether written or oral) of AL and SUBSCRIBER with respect to the subject matter set forth herein; provided, however, that all pricing will be governed by AL. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. This Agreement shall be interpreted, construed and enforced in all respects in accordance with laws of the State of California, without regard to the actual state or country of incorporation or residence of SUBSCRIBER.
It is agreed that the price for the requested advertising is based in part on the understanding that the SUBSCRIBER irrevocably consents to the exclusive jurisdiction of the courts of the State of California and the federal courts situated in the State of California in connection with any action arising under this Agreement. SUBSCRIBER may not assign this Agreement, in whole or in part. It is further agreed that should any portion of this agreement be deemed invalid, it shall not affect the enforceability of the remainder of this agreement.
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