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Terms & Conditions Of Service
IMPORTANT-READ CAREFULLY: YOU ARE ACCESSING OR USING THE E-LegalWorld™ WEB SITE (THE “WEB SITE”). BY CLICKING THE “I AGREE TO THE TERMS AND CONDITIONS” BUTTON, OR BY UTILIZING THE E-LegalWorld™ SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICES FOR THE WEB SITE AND ALL OF THE SERVICES OFFERED THROUGH THE WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICES, YOU (ALSO REFERRED TO AS A “USER”) MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE AND ITS SERVICES.
The Terms and Conditions of Services Agreement
This is a legal agreement (hereinafter referred to as “Agreement”) between E-Legal World Limited (hereinafter referred to as “E-Legal World,” “E-Legal World Ltd”and/or “E-LegalWorld™”), and You who shall also be referred to as the individual who registered and/or provided E-LegalWorld™ his or her credit card or other payment mechanism for the Services or, if an individual is purchasing the Services on behalf of an entity authorized to purchase the Services on behalf of such entity, then “You” shall also be referred to such entity for use of the E-LegalWorld™ services which You selected or initiated, which may include any and all of the E-LegalWorld™ Services currently provided and/or being provided in the future. Certain features and services offered by E-LegalWorld™ such as the LiveLawyer ™ System, Find A Lawyer Services, E-Legal Office™, etc. (hereinafter collectively or separately referred to as “Service” and/or “Services”).
Whereas, this Agreement makes up the E-LegalWorld™ Terms and Conditions of Services. The E-LegalWorld™ Terms and Conditions of Services govern your E-LegalWorld™ membership and your use of the E-LegalWorld™ Online Service and any and all of the E-LegalWorld™ Services currently provided and/or being provided in the future. Certain features and services offered by E-LegalWorld™ such the as LIVELAWYER™ System, Find A Lawyer Services, E-Legal Office™ and etc. contain additional terms or guidelines that supplement this Agreement and will govern the use of those services, and Whereas, E-LegalWorld™ provides the services under its web site to you subject to the following Terms and Conditions of Services ((hereinafter referred to as “TCOS”), which may be modified by E-LegalWorld™ from time to time without notice to you. The TCOS forms the basis of your agreement with E-LegalWorld™ for your use of this service. By using or continuing to use this service, you are agreeing to be bound by this TCOS and any new or modified terms and conditions. By agreeing to the TCOS, you give E-LegalWorld™ the right to change it, and agree that each time you access the service you accept the TCOS as it then exists. In addition, when using particular E-LegalWorld™ services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TCOS.
Both parties agree as follows:
1. DEFINITIONS
E-LegalWorld™ will use the following terms in this Agreement:
(a) Account - The original account you open when you register for E-LegalWorld™ membership through which you obtain access to the E-LegalWorld™ Online Service and other E-LegalWorld™ Services, and all sub-accounts or other accounts opened under your original account.
(b) E-LegalWorld™ Online Service - The communications and transactions service, which is offered under various subscription plans, including Internet connectivity subscription plans.
(c) E-LegalWorld™ Services - The E-LegalWorld™ Online Service and all other web sites, software, services and products offered by E-LegalWorld™.
(d) Content - Information, software, communications, photos, video, graphics, sound and other materials provided by or through the E-LegalWorld™ Services.
(e) Software – Basically, there is no software required to be downloaded nor installed to use E-LegalWorld™ Services. However, there may be certain software in the future made available from E-LegalWorld™ or a Supplier, whether pre-installed, given on a medium, provided by download or made available online that enable you to access and use the new E-LegalWorld™ Services.
(f) Supplier - Any third-party distributor of E-LegalWorld™ Services, any third-party E-LegalWorld™ of Software for E-LegalWorld™ Services, any third-party E-LegalWorld™ of Content for E-LegalWorld™ Services and any third-party telecommunications E-LegalWorld™.
2. SERVICES
E-LegalWorld™ will provide the Services in accordance with this Agreement PROVIDED THAT:
(a) E-LegalWorld™ reserves the right at any time, and from time to time, and in its sole discretion to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including access to support services, Content and other products or services ancillary to the E-LegalWorld™ Services or an E-LegalWorld™ membership. You agree that E-LegalWorld™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
(b) E-LegalWorld™ may modify the E-LegalWorld™ Terms and Conditions of Services, change its fees and change its billing methods at any time.
(c) For certain subscription plans, E-LegalWorld™ reserves the right to log off accounts that are inactive for an extended period of time and you may not use tools that defeat E-LEGALWORLD’S™ automatic log-off feature.
3. DESCRIPTION AND LIMITATION OF SERVICES
(a) The E-LegalWorld™ Web Site and the Services available therein are made available to give users general information about legal resources including various communications tools, online forums, personalized content and branded programming through its network of properties but not to provide legal advice. The Web Site includes any and all of the E-LegalWorld™ Services currently provided and/or being provided in the future. Certain features and services offered by E-LegalWorld™ such as LIVELAWYER™ System, Find A Lawyer Services, E-Legal Office™ etc. which is an online computer service that allows Legal Professionals and their clients to hold secure and encrypted VDO conference or allows any client or public to conduct targeted searches of E-LEGALWORLD’S™ legal directory of attorneys and law firms that subscribe to the Find A Lawyer Service (“Subscribers”) and to initiate contact with such attorneys and law firms.
(b) FOR LIVELAWYER™ SYSTEM SERVICE: E-LegalWorld™ reserves its rights as follows:
(1) The right to limit certain quantity of use of the Service, including but not limited to the maximum number of times (and the maximum duration for which) you may access the LIVELAWYER™ VDO Conference System in a given period of time, the maximum number of days that message board postings or other uploaded Content will be retained by the Service and the maximum disk space that will be allotted on E-LEGALWORLD’S™ servers on your behalf.
(2) You agree that E-LegalWorld™ has no responsibility or liability for the following occurrences:
(2.1) any deletion of or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
(2.2) any loss of data.
(2.3) any delivery failure of confirmation emails or emails send by clients from the “send an email to this lawyer” function on the private lawyer web page.
(2.4) any events when a client or potential client being unable to successfully signup for an account from the lawyer web page, for any reason.
(2.5) your and/or your client being unable to access to e-legalworld.com or live lawyer, for any reason.
(2.6) any connection speed of your and/or your client’s video conference or the quality thereof, or your and/or your client’s audio or the quality thereof, or your and/or your client’s text messages, files or photos being sent to each other by using the Service.
(2.7) your and/or your client being unable to upload / download / delete a file through the system successfully.
(2.8) your and/or your client being unable to use live lawyer video conferencing because your and/or your client’s camera, microphone or other equipment are not recognized by the system.
(2.9) your and/or your client being unable to connect to the video and/or to have any and all scheduled/unscheduled video conference.
(2.10) your and/or your client being unable to meet within scheduling times, for any reason.
(2.11) any events when your database of clients being deleted by accident or other issue, such as server hard drive failure, even though E-LegalWorld™ takes every measure to prevent such event and takes daily system backups.
(2.12) any events when someone accesses your account due to your choosing of a weak password that was hacked or stolen.
(2.13) any events when someone accesses your account with your password and impersonates the lawyer or client.
(2.14) That E-LegalWorld™ offers all of the live lawyer service over https encryption, from browser-to-browser, but is not liable if someone intercepts your data and decrypts it some how.
(c) FOR FIND A LAWYER SERVICE: E-LegalWorld™ reserves its rights as follows:
(1) The information about the Subscribers stated in E-LEGALWORLD’S™ legal directory of attorneys and law firms is provided by the Subscribers themselves.
(2) E-LegalWorld™ does not review the content of the listings that are provided by the Subscribers or any links to/from the Web Site.
(3) E-LegalWorld™ does not warrant the validity of the information provided by Subscribers to the E-LEGALWORLD’S™ legal directory of attorneys and law firms or the information submitted by or exchanged between any client, public and Subscribers.
(4) E-LegalWorld™ does not guarantee, endorse, recommend or vouch for the quality of any lawyer within the Find A Lawyer network.
(5) E-LegalWorld™ does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked from the Web Site.
(6) E-LegalWorld™ is not responsible for any material or information contained in the linked sites or provided by Subscribers.
(7) Information contained on, or made available through, the Web Site and the Find A Lawyer Service is not intended to and does not constitute legal advice or counseling under any circumstance.
(8) A description or indication of area of practice by a lawyer does not mean that any agency or board has certified such lawyer as a specialist or expert in any indicated field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.
(9) Neither E-LegalWorld™ nor the Find A Lawyer Service is a lawyer referral service. The attorney listings on E-LegalWorld™ legal directory of attorneys and law firms are attorney advertisements, and do not constitute a referral or endorsement by E-LegalWorld™ or any approved or authorized lawyer referral service. The content on this Web Site, including but not limited to the Service, and other resources and information, is for personal use only.
(10) E-LegalWorld™ is not involved in any portion of any attorney’s or law firm’s fees.
(11) Find A Lawyer Service is not intended to and does not create a privileged, confidential or attorney-client relationship between any users and either E-LegalWorld™ or Subscribers.
(12) All Users of the Web Site are encouraged to make their own independent investigation and evaluation of any Subscriber they might consider hiring for professional legal advice.
(13) All Users have sole discretion whether to contact any Subscribers via the Find A Lawyer Service and nothing in the Find A Lawyer Service is intended or should be interpreted as directing any user to contact or select a particular attorney or firm.
(14) The determination of the need for legal services, and the choice of a lawyer or law firm are important decisions, and should not be based solely upon listings or a Subscriber’s self-proclaimed areas of practice.
(15) All Users are solely responsible for verifying a Subscriber’s credentials and qualifications, for determining the necessity and adequacy of a Subscriber’s insurance coverage, and for the ultimate selection of any attorney they might make.
(16) The use of information on the Web Site or materials linked from the Web Site is entirely at each and every user’s own risk.
(17) Any agreements regarding legal services or fees must be done outside the scope of the Find A Lawyer Service and are strictly between the User and the Subscriber(s) and do not involve E-LegalWorld™ in any way.
(18) E-LegalWorld™ is not involved in, or responsible for, any transactions that might occur between Users and Subscribers, and E-LegalWorld™ does not guarantee that such transactions will occur.
(19) All Users and Subscribers are solely responsible for compliance with all laws and regulations governing their interactions via the Find A Lawyer Service, including, with respect to Subscribers, compliance with all ethics and bar association rules and regulations applicable to their practice.
(20) The avoidance of attorney conflicts of interest is outside the scope of the Find A Lawyer Service. Users, and the Subscriber attorneys, who contact each other via the Find A Lawyer Service are solely responsible for ensuring there are no conflicts of interest in any relationships that are formed after general contact is made via the Find A Lawyer Service.
(21) E-LegalWorld™ does not guarantee that the Subscribers will receive clients or hits to the Subscribers’ web site, or the amount of hits/clients the Subscribers will receive, nor the quality of those clients and/or hits to the Subscribers’ web site.
(22) E-LegalWorld™ does not guarantee that the Subscribers can access to their accounts to update their information, for any reason.
(23) E-LegalWorld™ does not guarantee that the emails sent to the lawyer, from the lawyer firm and lawyer web page will be delivered successfully, even though to the best of its knowledge, E-LegalWorld™ will make sure that they do.
(24) E-LegalWorld™ does not guarantee that the Subscribers’ data in their account will not get deleted or lost.
(25) E-LegalWorld™ is not responsible for any events when someone hacks or steals the Subscribers’ password and changes their account information/settings, add/deletes information or lawyer, of either a law firm or lawyer account.
(26) E-LegalWorld™ does not guarantee the ranking of the Subscribers’ position in the search results but only that they will come up for the area of practice and location, in those searches.
(d) Unless explicitly stated otherwise, any new features that are subsequently added to the current Service, including the release of new E-LegalWorld™ properties, shall be subject to the TCOS and shall always be subject to the “Disclaimer of Warranties” Clause stated herein which you understand and agree to the said clause.
4. QUALIFICATIONS FOR MEMBERSHIP
(a) To sign up and use the Services of E-LegalWorld™, you must be at least 18 years of age and be a Legal Profession or graduated with a Law Degree. E-LegalWorld™ reserves the right to change the above mentioned qualifications for membership at any time, with or without notice.
(b) If your status changes, for example, you are disbarred, you shall notify E-LegalWorld™ of such status changes. Upon being notified as aforementioned or whenever E-LegalWorld™ finds any status changes of any member, including but not limited to, any member being disbarred, E-LegalWorld™ reserves the right to cancel such member’s account, and access to such member’s account and all of such member’s data may be deleted, with or without notice.
(c) You must provide true and accurate contact information such as name, address, email address and telephone number, and report all changes to this information.
(d) If you create a sub-account for your client (s) or if your client (s) create a client account for him / her / themselves or if any person signs up to be your client by creating a client account, you certify that your client (s) and/or such person shall also be at least 18 years of age and you shall be responsible for such fact.
(e) The Service may require an active Internet connection to work. Your computer may have to meet certain minimum requirements, which may be found on the E-LegalWorld™ help/support page at: www.e-legalworld.com.
5. REGISTRATION FOR MEMBERSHIP
(a) You must register in your own name and provide true and current information with your own password and submit it to our admin web site. You agree that E-LegalWorld™ may disclose to third parties certain aggregate information contained in your registration applications. E-LegalWorld™ will not disclose your name, address, email address or telephone number without your prior written consent, except to the extent necessary or appropriate to comply with applicable laws, or in legal proceedings where such information is relevant. E-LegalWorld™ reserves the right to terminate your account if E-LegalWorld™ learns that you have provided E-LegalWorld™ false or misleading registration information.
(b) You will select a primary screen name that will be identified with your Account for the life of your account. You can use this primary screen name to log on to E-LegalWorld™ Services. You will not be able to change your primary screen name; however, depending on your plan, you will have the opportunity to open sub-accounts for your client(s) by creating additional screen names. Screen names may not be vulgar, used by someone else, or impersonate someone else. E-LegalWorld™ in its sole discretion may reject the use or assignment of a screen name. All E-LegalWorld™ screen names affiliated with your Account are the property of E-LegalWorld™ and, at E-LEGALWORLD’S™ sole discretion, expire upon the cancellation or termination of your Account. E-LegalWorld™ reserves the right to disallow the use of an unacceptable screen name, including but not limited to one that can be confused for an actual person, or a fictitious character, or for another member, or infringes on the rights of any person or implies strong or objectionable language.
(c) After our admin website shall have found that your information is correct, Membership may be provided solely at our discretion and confers no rights other than as set out in the TCOS. Accordingly, E-LegalWorld™ will consider approval to open an Account for you. E-LegalWorld™ will send an e-mail to your designated e-mail account notifying you to activate your account. However, E-LegalWorld™ reserves the right to reject any membership application for any reason.
(d) Once your account is activated, you are the only authorized user of your E-LegalWorld™ Live Lawyer account and must comply with this Agreement. You hereby agree with the followings:
(1) You are responsible for all activity on your Account. If you create a sub-account for your client (s) or if your client (s) create a client account for him / her / themselves or if any person signs up to be your client by creating a client account, you certify that your client (s) and/or such person shall agree to all of the TCOS of E-LegalWorld™. You must supervise the use of your Account by others, including minors and teenagers. You and your Account may be subject to disciplinary action or termination if your Account is used inappropriately;
(2) You agree to comply with all applicable laws, rules and regulations regarding your membership and use of E-LegalWorld™ Services. You agree to abide by the TCOS of E-LegalWorld™ and you acknowledge that E-LegalWorld™ has the right to enforce them in its sole discretion. E-LegalWorld™ may take any action against your Account, ranging from a warning to termination, if you or anyone using your Account violates the TCOS of E-LegalWorld™. E-LegalWorld™ can terminate your account at any time, with or without notice to you, for any reason, including no reason. You agree that E-LegalWorld™ shall not be liable to you or any third party for any claims related to termination of your membership with the Service;
(3) You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with any E-LegalWorld™ Service electronically from E-LegalWorld™ (hereinafter collectively referred to as “Notices"). You agree that E-LegalWorld™ generally can send you electronic Notices by:
(3.1) e-mail to your primary screen name, and/or
(3.2) by “pop up notice” on an E-LegalWorld™ Service and/or
(3.3) posting the Notices on a main page or channel page of the relevant service;
You agree that certain supplemental or enhanced services made available to E-LegalWorld™ members may also have their own Notice procedures. You must check your primary master screen name regularly for Notices from E-LegalWorld™. E-LegalWorld™ will send important Notices about your E-LegalWorld™ membership, including any Notices concerning violations of any sub-accounts, to your primary screen name;
(e) You are responsible for maintaining the confidentiality of the password and account so that no one else may access the Service through your account, and you are fully responsible for all uses of, and activities that occur, under your password or account. You agree to (a) immediately notify E-LegalWorld™ of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. E-LegalWorld™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause. You agree to indemnify and hold harmless E-LegalWorld™ for losses incurred by E-LegalWorld™ or another party due to someone else using your Account or password as a result of your failure to use reasonable care to keep your Account information confidential.
6. USE AND POST OF CONTENT AS AN E-LEGALWORLD™ MEMBER
(a) FOR E-LEGALWORLD’S™ OWN CONTENT:
(1) E-LegalWorld™, its Suppliers and its members who lawfully post Content on E-LegalWorld™ Services own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by E-LegalWorld™ or Supplier.
(2) You agree that you will not take any action to interfere with E-LEGALWORLD’S™ or its Suppliers’ ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.
(3) You may be given the opportunity to download certain Content such as information, data, text and photos, but you may do so only to the extent as authorized for that particular Content.
(4) Y ou may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.
(b) FOR YOUR CONTENT:
(1) You may only post Content that you created, or which you have been given permission to post by the owner of the Content.
(2) You may not post or distribute Content that is illegal or that violates the TCOS of E-LegalWorld™.
(3) By posting or submitting Content on any E-LegalWorld™ Service, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content on the E-LegalWorld™ Services and (ii) this Content does not, and will not, infringe any copyright or any other third-party right, nor does it violate any applicable law or regulation.
(4) Although you or the owner of the Content retain ownership of all right, title, and interest in Content that you post to any E-LegalWorld™ Service, you grant E-LegalWorld™, its affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, world-wide right, royalty free, non-exclusive, fully sub-licensable license to reproduce, modify, adapt, display and perform (publicly or otherwise), distribute, promote and publish this Content in any medium, in any compilation, collective work or other derivative work created by E-LegalWorld™ using or incorporating this Content.
(5) E-LegalWorld™ does not, and cannot, monitor, censor or edit your contents.
(6) You alone are responsible for your own contents, and the consequences of any such messages.
(7) It is E-LEGALWORLD’S™ policy to respect the privacy of your content, but you agree that this Agreement does not create a reasonable expectation of privacy in the context of your content.
(8) You may provide links only to the homepage of 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, (b) you give E-LegalWorld™ notice of such link by sending an e-mail to admin@e-legalworld.com and (c) you discontinue providing links to this Web Site immediately upon request by E-LegalWorld™. If you wish to provide links to a section within the Web Site, you should forward your request to E-LegalWorld™ at admin@e-legalworld.com.
(c) FOR THIRD PARTY CONTENT:
(1) You acknowledge that E-LegalWorld™ does not (and has no obligation to) pre-screen or monitor Content, but that E-LegalWorld™ and its designees shall have the right (but not the obligation) in their sole discretion to post or remove or edit, in whole or in part, any Content on or from the Service, or refuse to do the same.
(2) You acknowledge that E-LegalWorld™ is not liable for Content that is provided by others. Such third-party sites on the Internet may have their own terms and conditions that govern your use of those sites and you hereby agree and acknowledge accordingly. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. E-LegalWorld™ 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.
(3) You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or otherwise objectionable. Under no circumstances will E-LegalWorld™ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of, or arising from, the use of any Content posted, emailed or otherwise transmitted via the Service.
(4) You acknowledge that all documents, data, applications, e-services, images, audio and video files, personal Web pages, archived e-mail messages, and information, text, software, music, sound, photographs, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not E-LegalWorld™, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service.
(5) You acknowledge that E-LegalWorld™ is a distributor (and not a publisher) of Content supplied by you and others (if any). Accordingly, E-LegalWorld™ has no more editorial control over such Content than does a public library or newsstand.
(6) Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information providers, are those of the respective author(s), and not of E-LegalWorld™.
(7) E-LegalWorld™ does not guarantee the accuracy, completeness, or usefulness of any Content, and does not guarantee its merchantability or fitness for any particular purpose.
(8) E-LegalWorld™ neither endorses, nor is responsible for, the accuracy or reliability of any opinion or statement made on E-LegalWorld™ by anyone other than an authorized E-LegalWorld™ employee while acting in his or her official capacity. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information opinion, advice or other Content available through E-LegalWorld™. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, or other Content.
(9) Under no circumstances will E-LegalWorld™ be liable for any damage caused by reliance on information obtained through E-LegalWorld™.
(10) 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 E-LegalWorld™. You agree to abide by any terms, conditions and intellectual property rights of such third parties.
(11) E-LegalWorld™ reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with the TCOS of E-LegalWorld™, but E-LegalWorld™ is not responsible for any failure or delay in removing such material.
(12) You acknowledge and agree that E-LegalWorld™ may preserve Content and may also disclose Content if required to do so by law, or in the good faith belief, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TCOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of E-LegalWorld™, its account members and the public.
(d) FOR EXPORTATION OF CONTENT:
(1) Recognizing the global nature of the Internet, You agree to abide by U.S. Law and Other relevant and concerned countries’ law, and all other applicable export control laws of any respective country, and to comply with all local rules regarding online conduct and acceptable Content not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization.
(2) You further agree not to upload to E-LegalWorld™ any data that cannot be exported without prior written government authorization and notification of E-LegalWorld™. This assurance and commitment shall survive termination of this Agreement.
(e) FOR YOUR USE OF CONTENT:
(1) You agree that you are solely responsible for the content of all visual, written or audible communications sent by you or in LIVELAWYER™ VDO Conference hosted by You. You agree that you will not use the Services to send unsolicited commercial e-mail outside your company or organization in violation of applicable law.
(2) You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, indecent, threatening, abusive, harassing, torturous , defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or illegal material of any kind or nature, that would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although E-Legalworld™ is not responsible for any such communications, E-Legalworld™ may delete any such communications of which E-Legalworld™ becomes aware, at any time without notice to You.;
(b) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law, or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity, privacy or other rights of any party;
(d) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(e) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) interfere with or disrupt the Service, or servers, or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
(g) stalk, otherwise harass another, attempt or threaten to reveal the identity of another user of the service;
(h) impersonate any person or entity, including, but not limited to, a E-LegalWorld™ official or employee, message board founder, or falsely state or otherwise misrepresent your affiliation with a person or entity, including but not limited to E-LegalWorld.com; or
(i) disguise the origin of any Content posted on or transmitted through the Service.
(3) E-LegalWorld™ reserves the right to terminate any account if it becomes aware and determines, in its sole discretion, that you are violating any of the foregoing covenants.
7. BILLING AND CHARGES
(a) Information about charges and fees:
(1) E-LegalWorld™ charges monthly, in advance, for E-LEGALWORLD’S™ Services such as LIVELAWYER™ System, Find A Lawyer Services, E-Legal Office™ etc. You agree to pay the aggregated amount of fees you choose from each service of E-LegalWorld™. E-LegalWorld™ may offer from time to time certain promotions with different terms, activation fees, and monthly charges. Your account billing start date is the date from when you first begin being billed for service, as indicated on your first invoice. The agreement will continue on a month-to-month basis after the initial term.
(2) E-Legalworld™ may change prices at any time without prior notice. Additional fees may apply when you subscribe to other supplemental or enhanced services.
(3) E-LegalWorld™ may charge you for taxes and other applicable fees.
(4) All charges are non-refundable. However, E-LegalWorld™ may issue refunds at its discretion on a case-by-case basis.
(5) E-LegalWorld™ may, in its discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make from E-LegalWorld™.
(6) Any trial promotion for fee-based E-LegalWorld™ Services (such as free trial time for a paid subscription plan to the E-LegalWorld™ Online Service) must be used within the specified time of the trial.
(7) You must cancel your Account before the end of the trial period to avoid being charged a membership fee.
(8) Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your Account.
(b) Your payment responsibilities:
(1) You must select a payment method to pay E-LegalWorld™ for any subscription fees.
(2) You must provide E-LegalWorld™ accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You agree to maintain valid and current credit card information on file with E-LegalWorld™ at all times.
(3) Every time you use an E-LegalWorld™ Service, you reaffirm that (i) E-LegalWorld™ is authorized to charge your designated payment method; (ii) E-LegalWorld™ may submit charges incurred under your Account for payment; and (iii) you are responsible for all charges incurred under your Account, including applicable taxes, fees and surcharges made by you, or anyone you allow to use your Account (including your children, family or friends), even if your membership is canceled or terminated.
(4) You agree that E-LegalWorld™ will bill you through the payment method that is associated with your Account for the Service and any additional usage or services. You authorize E-LegalWorld™ to charge to your credit card, or other payment mechanism selected by you, and approved by E-Legalworld™ (“Your Account”) all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, overage fees, or any other fee or charge associated with your use of the Services. You are responsible for any charges to your account.
(5) Surcharges apply if you use certain payment methods (such as payment from your checking account) or use certain telephone numbers for Internet connectivity through the E-LegalWorld™ Online Service.
(6) E-LegalWorld™ is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by E-LegalWorld™. You agree to pay E-LegalWorld™ for all charges incurred under your Account, including all applicable taxes, fees and surcharges.
(7) You must notify E-LegalWorld™ about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to E-LEGALWORLD’S™ attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
(8) You can contact an E-LegalWorld™ customer service representative at 1-800-280-2529 to get information about billing or to determine the status of your bill and the amount of any surcharge.
(9) If E-LegalWorld™ does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by E-LegalWorld™.
(10) You agree that in the event E-Legalworld™ is unable to collect the fees owed to E-Legalworld™ for the Services through your Account, E-Legalworld™ may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by E-Legalworld™ in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that E-Legalworld™ may collect interest at the lesser amount of 1.5% per month, or the highest amount permitted by law on any amounts not paid when due.
(c) Communication Charges:
(1) You are responsible for obtaining and maintaining at your expense all equipment and services needed to access E-LegalWorld™ Services.
(2) If you are using E-LEGALWORLD’S™ dial-up Internet connectivity services, you are responsible for any telephone charges you may incur by accessing E-LegalWorld™ Services.
(3) The use of any E-LegalWorld™ dial-up Internet connectivity number is the same as making a telephone call to that number and thus may result in additional charges on your telephone bill depending on your location and calling plan.
(4) You should select your E-LegalWorld™ dial-up Internet connectivity numbers carefully. Please call your local phone company to ensure that the dial-up number(s) you select will be local calls for your calling plan. This is especially important if there have been changes in area code designations, in your telephone service providers, or in your calling plan. E-LegalWorld™ has no information on whether your use of a particular dial-up Internet connectivity number will result in phone charges.
(5) You are also responsible for any communications charges you may incur by accessing E-LegalWorld™ Services through a third-party network, such as a cable or wireless carrier. Your carrier may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
8. E-LEGALWORLD'S™ PROPRIETARY RIGHTS
(a) E-Legalworld™ and/or its affiliates, suppliers and any other party authorized by E-Legalworld™ to distribute or promote the Services, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. The Services of E-Legalworld™ are owned and operated by E-LegalWorld™ for E-LEGALWORLD’S™ members only.
(b) You will not remove, deface or obscure any of E-LEGALWORLD’S™ or its affiliates, suppliers and any other party authorized by E-Legalworld™’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services.
(c) No material from the Service, Browser or Web site, or any Web site owned, operated, licensed, or controlled by E-LegalWorld™, may be copied, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way, and is a violation of E-LEGALWORLD’S™ proprietary rights, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
(d) For purposes of this Clause, the use of any such material on any other Web site or networked computer environment is prohibited.
9. E-LEGALWORLD'S™ LIMITED LICENSE & USES
(a) E-LegalWorld™ grants you a personal, non-exclusive, non-transferable, limited revocable license:
(1) to access E-LegalWorld™ Services and to use the E-LegalWorld™ Services strictly in accordance with these Terms and Conditions of Services,
(2) to use the Web Site and its Services solely for internal, personal uses.
(3) to print out discrete information and search results from the Service, solely for internal, personal purposes, provided that you maintain all copyright and other notices contained therein, and
(b) E-LegalWorld™ occasionally will provide technology upgrades to improve your member experience, such as advanced services and screening technologies, although, these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such upgrades, scanning, and related services.
(c) You agree to abide by all laws and regulations in effect regarding your use of the E-LegalWorld™ Services.
(d) Your license to access, and use the Web Site and its Services, are subject to the following restrictions and prohibitions on use:
(1) You agree not to reproduce, duplicate, copy, sell, resell, exploit copy, print, republish, display, transmit, distribute, rent, lease, loan or otherwise make available in any form, or by any means, all or any portion of the Web Site, use of the Service, or access to the Service, or any information or materials retrieved therefrom, for any commercial purposes, unless expressly authorized by E-Legalworld™;
(2) You agree not to use the Service or any other materials from the Web Site to develop, or as a component of, an information storage and retrieval system, database, info-base, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(3) You agree not to create compilations or derivative works of the Service, or any other materials from the Web Site;
(4) You may not use the Service, or any other materials from the Web Site, in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties;
(5) You agree not to remove, change, or obscure any copyright notice or other proprietary notice, or terms of use, contained in the Web Site;
(6) You agree not to make any portion of the Web Site or Service available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future;
(7) You agree not to resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use the Services for the development, production or marketing of a service or product substantially similar to the Services;
(8) You agree not to remove, disable, defeat or change any functionality or appearance of the Web Site;
(9) You agree not to modify, adapt or create derivative works, decompile, disassemble or reverse engineer or otherwise attempt to derive the source code or use any network monitoring or discovery software to determine the site architecture;
(10) You agree not to use any automatic or manual process to harvest information from the Web Site;
(11) You agree not to use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the web sites, Services, or any network or networks connected to the Services or security systems;
(12) You agree not to obtain the communications protocol for accessing E-LegalWorld™ Services unless expressly authorized by E-LegalWorld™;
(13) You agree not to use the Web Site or Service in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations;
(14) You acknowledge and agree that the Services, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services, or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
(15) You agree not to authorize or assist any third party to do any of the things described in this Clause.
10. ADVERTISERS
(a) E-LegalWorld™ may provide, or third parties may provide, links to other World Wide Web sites or resources. Since E-LegalWorld™ has no control over such sites and resources, you acknowledge and agree that E-LegalWorld™ is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. In addition, 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. E-LegalWorld™ will not be responsible for the illegality of, or any error or inaccuracy, in any advertiser’s or sponsor’s materials. You further acknowledge and agree that E-LegalWorld™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
(b) You further acknowledge and agree, that Content contained in sponsor advertisements or information presented to you (if any), through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by E-LegalWorld™ or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or any Content, in whole or in part.
(c) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
(d) You agree that E-LegalWorld™ shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings, or as the result of the presence of such advertisers on the Service.
11. DISCLAIMER OF WARRANTIES
(A) YOUR USE OF ANY OF THE E-LEGALWORLD™ SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE E-LEGALWORLD™ SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, AND/OR TO YOUR COMPUTER SYSTEM, AND/OR LOSS OF DATA, AND/OR OTHER DAMAGE RESULTING FROM THE DOWNLOAD OF ANY OF SUCH MATERIAL AND/OR DATA. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
(B) YOU UNDERSTAND AND AGREE THAT THE E-LEGALWORLD™ SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
(C) E-LEGALWORLD™ AND ALL E-LEGALWORLD™ AUTHORIZED REPRESENTATIVES, SPECIFICALLY AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLE, SATISFACTORY QUALITY, ACCURACY, NON-INFRINGING, FITNESS FOR A PARTICULAR PURPOSE OR NEED, TITLE, INFORMATION OR SERVICE PROVIDED THROUGH E-LEGALWORLD™ OR THE INTERNET GENERALLY.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM, THROUGH, OR GIVEN BY E-LEGALWORLD™, OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
(E) EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY E-LEGALWORLD™, E-LEGALWORLD™ AND ALL E-LEGALWORLD™ AUTHORIZED REPRESENTATIVES DO NOT ENDORSE, WARRANT OR GUARANTEE REGARDING THAT:
(1) THE FUNCTIONS CONTAINED IN THE E-LEGALWORLD™ SERVICES WILL MEET YOUR REQUIREMENTS, OR
(2) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR
(3) THE OPERATION OF THE E-LEGALWORLD™ SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
(4) THE DEFECTS IN THE E-LEGALWORLD™ SERVICES WILL BE CORRECTED, OR
(5) THE USE OR THE RESULTS OF THE USE OF THE E-LEGALWORLD™ SERVICES, OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
(F) E-LEGALWORLD™ PROVIDES THE E-LEGALWORLD™ SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE E-LEGALWORLD™ SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT E-LEGALWORLD™ WILL HAVE ADEQUATE CAPACITY FOR THE E-LEGALWORLD™ SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(G) E-LEGALWORLD™ DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
(1) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE,
(2) YOUR USE OF THIS WEB SITE AND/OR ITS SERVICES,
(3) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
(4) ANY ERRORS IN OR OMISSIONS FROM ANY THIRD PARTY WEB SITE, THEIR SERVICES AND THEIR CONTENTS, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, OR
(5) THE UNAVAILABILITY OF ANY THIRD PARTY WEB SITE OR ANY PORTION THEREOF.
12. LIMITATION OF LIABILITY
(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL E-LEGALWORLD™ AND ALL E-LEGALWORLD™ AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY COSTS, DAMAGES, INJURY, LIABILITY, DAMAGES FOR LOST OF PROFITS, LOST DATA, LOSS OF GOODWILL, OVERHEAD, GENERAL & ADMINISTRATIVE EXPENSES, USE, DATA OR OTHER INTANGIBLE LOSSES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES WHATSOEVER, ATTORNEYS’ FEES, COURTS’ FEES, FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY FROM (EVEN IF E-LEGALWORLD™ HAD BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED):
(1) YOUR USE OF OR INABILITY TO USE THE E-LEGALWORLD™ SERVICES OR ITS CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH E-LEGALWORLD™.
(2) OTHER USERS ACCESSING YOUR COMPUTER OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(3) YOUR PARTICIPATION IN INTERACTIVE AREAS OF THE WEB SITE INCLUDING BUT NOT LIMITED TO ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH E-LEGALWORLD™ OR ANY OTHER MATTER RELATING TO THE E-LEGALWORLD™ SERVICE.
(4) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE E-LEGALWORLD™ SERVICE
(5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
(6) THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY,
(7) YOUR SECURITY BREACHES, EAVESDROPPING OR DENIAL OF SERVICE ATTACKS;
(8) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES;
(9) YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;
(10) T HE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY;
(11) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
(B) E-LEGALWORLD'S™ ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH E-LEGALWORLD™ IS THE CANCELLATION OF YOUR ACCOUNT AND IN ANY CASE, E-LEGALWORLD'S™ AND ALL E-LEGALWORLD™ AUTHORIZED REPRESENTATIVES’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE E-LEGALWORLD™ SERVICES WILL BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID BY YOU DURING A ONE-YEAR PERIOD FOR THE SPECIFIC E-LEGALWORLD™ SERVICE AT ISSUE.
(C) THE LIMITATION UNDER THE FOREGOING CLAUSE APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF E-LEGALWORLD™, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST E-LEGALWORLD™ IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.
(D) DUE TO THE PROHIBITION OF THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN STATES OR JURISDICTIONS, E-LEGALWORLD™ AND ALL E-LEGALWORLD™ AUTHORIZED REPRESENTATIVES LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT THAT THOSE PARTICULAR EXCLUSIONS OF WARRANTIES OR LIMITATIONS OF LIABILITY DO NOT APPLY TO YOU, THE REMAINING EXCLUSIONS OF WARRANTIES AND EXCLUSIONS OF LIABILITY REMAIN IN FULL EFFECT WITH YOU.
13. INDEMNIFICATION
(a) Upon a request by E-LEGALWORLD™, you agree to defend, indemnify and hold harmless E-LegalWorld™ and all E-LegalWorld™ authorized representatives (its affiliates, officers, directors, employees, consultants, agents, suppliers etc.) from any claims, demands, actions, expenses, liability, damages and/or costs and judgments, including any and all reasonable attorneys’ fees and costs, made by any third party, that arise from Your use of E-LegalWorld™ Services or the Internet, Content you submit, post to or transmit through the Service, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity, or in connection with your transmission of any Content on E-LegalWorld™ Services, or in connection with your violation of any rights of a third party.
(b) E-LegalWorld™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for E-LegalWorld™ in that matter.
14. TERMINATION OR CANCELLATION
(a) Either you may cancel or E-LegalWorld™ may terminate your membership or subscription to any E-LegalWorld™ Service at any time.
(b) TERMINATION BY E-LEGALWORLD™: You acknowledge and agree that:
(1) E-LegalWorld™ may immediately terminate, deactivate or delete, with or without notice this Agreement, your password, your account, or your use of the Services and remove and discard any and all of your Contents within the Service and all related information, data and files in your account, and/or bar any further access to such files, or the Service, at any time for any reason, including, without limitation, if E-LegalWorld™, in its sole discretion, believes you have violated or acted inconsistently with the Agreements, misuse the Web Site or the Services in any way, or use the Web Site or Services in any way that interferes or interrupts the proper use of the Web Site or Service by others, or if you fail to pay any charges when due;
(2) You acknowledge and agree that you no longer will have access to any of the E-LegalWorld™ Services associated with your deactivated Screen Name or Account. E-LegalWorld™ must give you express permission before it will reactivate you Account, if E-LegalWorld™ previously terminated your membership for violating the TCOS of E-LegalWorld™, or due to an outstanding balance;
(3) You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable harm and injury to E-Legalworld™, its affiliates, suppliers and authorized representatives, for which monetary damages will not be a sufficient remedy. As a result, in addition to any other remedies, and under such circumstances E-Legalworld™, its affiliates, suppliers and authorized representatives will be entitled to equitable relief or injunctive relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief;
(4) You further agree that E-LegalWorld™ shall not be liable to you or any third-party, FOR ANY COSTS, DAMAGES, INJURY, LIABILITY, DAMAGES FOR LOST OF PROFITS, LOST DATA, LOSS OF GOODWILL, OVERHEAD, GENERAL & ADMINISTRATIVE EXPENSES, USE, DATA OR OTHER INTANGIBLE LOSSES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES WHATSOEVER, ATTORNEYS’ FEES, COURTS’ FEES, FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY FROM (EVEN IF E-LEGALWORLD™ HAD BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED), related to the termination of your access to the Service;
(5) If your membership or subscription to E-LegalWorld™ Services is terminated, all of your files and datas that you have stored on E-LegalWorld™ servers or within your accounts, will be deleted and may not be retrieved later;
(6) Upon any termination of this Agreement, You must cease any further use of the Services;
(7) In the event that your Account is terminated, no balance of user time in LIVELAWYER™ System, or other credits, will be credited to you, nor can they be converted to cash or other form of reimbursement, or transferred to another account, and
(8) Active E-LegalWorld™ members may not allow former E-LegalWorld™ members whose memberships have been terminated to use their Accounts.
(c) CANCELLATION BY YOU: You acknowledge and agree that:
(1) If after your account billing start date, you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole right and remedy with respect to any dispute with E-LegalWorld™ is to discontinue using the Service by canceling your account. This includes, but is not limited to, any dispute related to, or arising out of:
(1.1) any term of this Agreement or E-LEGALWORLD’S™ enforcement or application of this Agreement;
(1.2) any policy or practice of E-LegalWorld™, including E-LEGALWORLD’S™ Privacy Policy, or E-LEGALWORLD’S™ enforcement or application of these policies;
(1.3) the Content available on E-LegalWorld™ Services, the Internet, or any change in Content provided by E-LegalWorld™;
(1.4) your ability to access and/or use the E-LegalWorld™ Services; and
(1.5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods;
(2) You may cancel your membership by contacting your local sales representative or by providing written notice to E-Legalworld™ via e-mail to legal@E-LegalWorld.com;
(3) If you signed up for certain supplemental or enhanced services for an extra fee (such as E-Legal Office™ Service, E-Legal Law Firm Web Design, Law Firm Marketing or E-Legal Merchant Account), you should consult the specific cancellation policies and procedures for those services;
(4) Cancellation will be effective at the end of the current billing period in which notice of cancellation is received;
(5) Upon your cancellation, all of E-LegalWorld™ Services will be terminated, and all of your files and datas that you have stored on E-LegalWorld™ servers or within your accounts, will be deleted and may not be retrieved later; and
In the event that your Account is canceled, no time in LIVELAWYER™ System or other credits will be credited to you nor can they be converted to cash or other form of reimbursement.
(d) REFUNDS: You are entitled to a refund for an E-LegalWorld™ service only if your credit card, or other financial instrument owned by you, was used without your authorization to purchase any of the E-LegalWorld™ service. For all authorized transactions, E-LegalWorld™ issues refunds at its sole discretion, and on a case-by-case basis.
15. INTELLECUTUAL PROPERTY RIGHTS: TRADEMARK AND COPY RIGHT
(a) Except for the limited license contained in this Agreement, nothing in these Terms and Conditions of Services grants or should be construed to grant any licenses or rights, by implication, estoppels or otherwise, under copyright or other intellectual property rights.
(b) The following is a list of E-LegalWorld™ trademarks, service marks and trade names (“E-LegalWorld™ Marks”): “E-LegalWorld™ Logo, LIVELAWYER™ System Logo, E-Legal Office™ , trademarks and service marks, and other E-LegalWorld™ logos, products and services”.
(c) All E-LegalWorld™ Marks, trademarks, service marks and trade names are proprietary of Jonathan Beyer and Adul Tinaphong, and/or E-LegalWorld Limited. Without E-LEGALWORLD’S™ prior permission, you agree not to display or use in any manner, the E-LegalWorld™ Marks.
(d) You acknowledge and agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content, the Service and any software used in connection with the Web Site and the Service are owned by E-LegalWorld™, its licensors, or Subscribers, as applicable.
(e) E-LegalWorld™ reserves the right to remove any content or links that allegedly infringe another person’s copyright. E-LegalWorld™ will terminate, in appropriate circumstances, any Subscriber or Member accounts that might exist with respect to E-LEGALWORLD’S™ system or network who is repeat offenders of another’s copyright. Notices to E-LegalWorld™ regarding any alleged copyright infringement should be directed to legal@e-legalworld.com.
(f) In the event you download any data or files from the site, the software, including any photos or images incorporated in or generated by such data or files (hereinafter collectively referred to as the “Data”) are licensed to you by E-LegalWorld™. E-LegalWorld™ does not transfer title of the Data to you. You own the medium on which the Data is recorded, but E-LegalWorld™ retains full and complete title to the Data, and all intellectual property rights therein. Except as expressly authorized by E-LegalWorld™, you agree not to modify, sell, distribute, decompile, reverse, engineer, disassemble the Data, or otherwise reduce or create derivative works based on the Web Site, the Service, or any related services, in whole or part, to a human-perceivable form.
(g) If you send or make any submissions, or you send us creative suggestions, ideas, notes, drawings, concepts, or other information (hereinafter collectively referred to as the “Submissions”), the Submissions shall be deemed, and shall remain, the property of E-LegalWorld™. None of the Submissions shall be subject to any obligation of confidence on the part of E-LegalWorld™, and E-LegalWorld™ shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, E-LegalWorld™ shall exclusively own all now known, or hereafter, existing rights to the Submissions of every kind and nature throughout the World, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you of the said Submissions.
16. GENERAL PROVISIONS
(a) GENERAL PROVISIONS
(1) This Agreement incorporates by reference all notices and disclaimers contained on the Web Site and constitutes the entire and only agreement regarding your E-Legalworld™ membership and your account with respect to your use of the Service, superseding any and all prior agreements, representations and other communications between you and E-LegalWorld™ and its representatives.
(2) You agree that this Agreement is not intended to confer and does not confer any rights or remedies from E-Legalworld™ upon any person other than you.
(3) You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
(b) MODIFICATIONS TO THE TCOS
(1) E-LegalWorld™ reserves the right to revise, amend, or modify the Agreements at any time and in any manner.
(2) Only E-Legalworld™ can amend this Agreement and this TCOS may not be amended or modified by you.
(3) Updated versions of the TCOS will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.
(c) SEVERABILITY OF PROVISIONS
(1) If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, or is found unlawful or void, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. E-LegalWorld™ will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of E-LegalWorld™ as reflected in the original provision.
(2) If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties nevertheless agree that:
(2.1) Such provision shall be considered to be stricken from this Agreement as if it had not been included from the beginning, or such provision shall be amended to achieve as nearly as possible the same economic effect of the original provision;
(2.2) the court should endeavor to give effect to the parties’ intentions as reflected in the provision; and
(2.3) the other provisions of the TCOS remain in full force and effect.
(d) WAIVER
(1) 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 of Use.
(2) You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against E-LegalWorld™, its parents, subsidiaries, affiliates, 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 Service, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Service.
(e) GOVERNING LAW
(1) This Agreement shall be governed by and construed under the laws of the State of New York, U.S.A., without giving effect to its conflict of laws provisions.
(2) You agree 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 TCOS that you may have must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(3) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(f) JURISDICTION
(1) You expressly agree that exclusive jurisdiction for any claim or dispute with E-LegalWorld™ or relating in any way to your membership, this Agreement, or your use of the E-LegalWorld™ Services resides in the courts of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute, including any claim involving E-LegalWorld™ or E-LegalWorld™ Services.
(2) Any and all rights and remedies of E-Legalworld™ upon your breach or other default under this Agreement, will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement, or by law or equity on E-Legalworld™, and the exercise of any one remedy will not preclude the exercise of any other.
(g) NON-ASSIGNMENT
(1) This Agreement is not assignable or transferable, and may not be sublicensed by you without E-LEGALWORLD’S™ prior written consent, and any attempted assignment or delegation without such consent shall be void. E-LegalWorld™ may assign this Agreement in whole or in part without your consent.
(2) Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. E-LegalWorld™ may subcontract any work, obligations or other performance required of E-LegalWorld™ under this Agreement without your consent.
(h) ETHICS NOTICE AND OTHER NOTICES
(1) If you are an attorney, participating in any aspect of the E-LegalWorld™Service, you acknowledge that the rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. E-LegalWorld™ disclaims all responsibility for your compliance with these rules.
(2) All notices or other correspondence to E-Legalworld™ under this Agreement must be sent to the address provided in “Contact us” page, or other address as provided by E-Legalworld™ for such purpose.
(3) Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TCOS or other matters, by displaying notices or links to notices to you generally on the Service.
(i) LANGUAGES, HEADINGS AND SECTIONS OF THE TCOS
(1) This Agreement has been prepared in the English Language, and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes, and such translation and/or interpretation, is not guaranteed or warranted by E-LegalWorld or its any representative thereof.
(2) The captions and headings appearing in this Agreement are for reference only, and will not be considered in construing this Agreement.
(3) The section titles in the TCOS are provided for convenience only and have no legal or contractual effect.
(j) PRIVACY POLICY
The E-LegalWorld™ Privacy Policy explains how E-LegalWorld™ collects, uses, and discloses personal information in connection with your E-LegalWorld™ membership, as well as the choices E-LegalWorld™ gives you about such uses and disclosures. You can review the current version of this policy by visiting clicking the Privacy Policy at www.e-legalworld.com/privacy.html or visiting E-LegalWorld™ Keyword: Privacy. By your affirmative act of either registering for E-LegalWorld™ as a new member, or registering for a new E-LegalWorld™ Service, or continuing to use the E-LegalWorld™ Services following your registration, you authorize the collection, use, and disclosure of personal information by E-LegalWorld™ as provided for under E-LEGALWORLD’S™ then-current Privacy Policy.
Your use of the Web Site is also subject to E-LEGALWORLD’S™ Privacy Policy, which you link to by clicking here: Privacy Policy
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