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LEADCOUNSEL.com Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website is provided by LawInfo©.com, Inc. ("LawInfo" or "LawInfo.com") These terms and conditions ("Terms of Use" or "Terms and Conditions") that follow are intended to apply to the LeadCounsel© web site which is located at www.leadcounsel.org and all associated sites that may be linked to www.leadcounsel.org by LawInfo.com, its affiliates and subsidiaries, including LawSmart©.com. Collectively, these sites are hereinafter referred to as the "Site" and the collective owner of all Sites may be referred to hereinafter simply as "LawInfo" as LawInfo is the owner of both LeadCounsel.org and LawSmart.com. Use of the Site and any services offered through the Site may be referred to as "Service."

1. INITIAL REPRESENTATIONS

By using this website you represent and warrant that you are a resident of the U.S., that you are a legal adult, that you meet all other eligibility and residency requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, along with the Privacy Policy and to abide by and comply with these terms and conditions.

2. COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY

This web site and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, service marks, trade secrets or other proprietary rights under laws of California, the United States of America. In addition, the above-referenced material is also protected under international law. Certain characters, logos or other images incorporated by LeadCounsel on this website are also protected as registered or unregistered trademarks, trade names and/or service marks ("Trademarks") owned by LawInfo.com®. All other trademarks are the property of their respective owners. Use of the Trademarks of LeadCounsel or LawInfo.com or of any other party is not authorized in any manner other than as incorporated into this website. Unauthorized electronic or other reproduction, adaptation, uploading, downloading, distribution, performance or display of any material contained within the Site is strictly and expressly prohibited. The unauthorized use of any material from the Site is taken seriously and will be aggressively addressed. This may subject the offender to civil liability and criminal prosecution under applicable federal and state law.

LeadCounsel hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any Material and/or software contained within this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Material"). You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Material and that no title to the Downloaded Material has been or will be transferred to you from LeadCounsel or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Material.

3. INFRINGEMENT NOTICE

If you believe that any content appearing on this website has been copied in a way that constitutes copyright infringement under the state or federal laws of the United States of America then please forward the following information to the Copyright Agent named below:

  1. Your name, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or a description of where the alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

LawInfo.com Inc.
Attn: Legal Department
5901 Priestly Drive, Suite 200
Carlsbad, California 92009 Facsimile: (800) 397-3743

4. PROHIBITED USES OF THE SITE

(a) You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by LawInfo.com in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other website or networked computer environment is prohibited.

(b)Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

(c)You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

(d) You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any LawInfo.com server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

(e) You may not contact, attempt to contact, solicit or attempt to solicit or interfere or attempt to interfere with any contractual relations that may exist between any users of the Site and LeadCounsel©, LawSmart© or LawInfo©.

(f)You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of LeadCounsel, including any LeadCounsel account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

(g) You are prohibited from using this web site in violation of any security protections implemented by LeadCounsel, which includes, but is not limited to, the following uses: (1) User may not use this site to transmit unsolicited email, send unsolicited email to this site or to anyone whose email address includes the domain name used on this site or use LeadCounsel domain name as a pseudonymous return email address for any communications that User transmits from another location or through another service; (2) User may not pretend to be someone else - or spoof his or her identity - when using this site; (3) User may not attempt to probe, scan, or test the vulnerability of the website's service, or any associated system or network, or breach security or authentication measures without proper authorization; (4) User may not interfere with, or attempt to interfere with, service to any user, host, or network, by the means of submitting a virus to the website or service, overloading, "flooding," "spamming," "mail bombing," "crashing" or otherwise; or (5) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the website to provide the website's services. Any of the above listed, or other violations of our system or network security, may subject User to civil and/or criminal liability.

5. UNSOLICITED SUBMISSIONS

(a) LeadCounsel does not accept any unsolicited ideas, proposals, suggestions potential content or other materials ("Unsolicited Materials.") You may not use this Site or any information obtained from the Site to submit any unsolicited materials to LeadCounsel via email, fax, postal mail or any other means of communication. LeadCounsel has implemented and adopted this policy to avoid potential misunderstandings or disputes when new products, services and features developed by LeadCounsel may appear to be similar to any Unsolicited Material that may be submitted to LeadCounsel.

(b) Should you ignore this section and submit any Unsolicited Materials as stated above, you are giving LeadCounsel, LawSmart and LawInfo permission, in perpetuity, on a no-charge, royalty-free basis to use the Unsolicited Materials in connection with any LeadCounsel, LawSmart or LawInfo advertisement or promotion, and for any other purpose for which LeadCounsel, LawSmart or LawInfo chooses to use the Unsolicited Materials. In no event will any Unsolicited Material be considered confidential.

(c) To the extent that use of the web site provides you or other users an opportunity to post and exchange information, content, ideas and opinions ("Postings"), be advised that LeadCounsel does not screen, edit, or review Postings prior to their appearance on the website or elsewhere, and Postings do not necessarily reflect the views of LeadCounsel or LawInfo. To the fullest extent permitted by applicable laws, LeadCounsel and LawInfo exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the website or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.

6. REMOVAL RIGHT

You expressly agrees that LeadCounsel may remove, disable or restrict access to or the availability of any Material from this site (including, but not limited to, Material which you have posted or stored) which LeadCounsel believes, in good faith and in LeadCounsel’s sole discretion, to violate the terms of this Agreement (whether or not LeadCounsel is in fact correct in this assessment) or which is the subject of a Notification duly sent to LawSmart pursuant to the Digital Millennium Copyright Act. If you believe that LeadCounsel has acted mistakenly with respect to certain Material, User may contact LeadCounsel at [email protected], in which case LeadCounsel may investigate the matter further. However, LeadCounsel expressly reserves the right to take no further action.

7. GENERAL PRIVACY AND SECURITY POLICY

In General

LeadCounsel is committed to your right to privacy. LeadCounsel only collects information that you voluntarily provide. LeadCounsel will never rent, sell or share this private information to anyone other than LawInfo.com Inc. and its subsidiaries and affiliates. LeadCounsel works with GoDaddy SSL Certificate to make our site as secure as possible. The LeadCounsel web site may contain links to other web sites. If you choose to visit other web sites, LeadCounsel and LawInfo is not responsible for the privacy policies or content of those other websites.

The Site may be sold along with its assets, or other transactions may occur in which your personally identifiable information is one of the business assets transferred. In such a case, your personally identifiable information, which we have gathered, may be one of the business assets we transfer.

In the event we are required to respond to subpoenas, court orders or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.

a. Cookies

LeadCounsel collects information about you that you provide to us and from cookie files. LeadCounsel uses this information solely for internal analysis or to contact you about offers or promotions that we sponsor. LeadCounsel will not knowingly provide any of this information (except in the form of aggregate statistics that do not link your identity to any specific information and do not identify you as a visitor to this site.) Some business and affiliate partners use cookies on the LawSmart site. We have no access to or control over these third party cookies.

User agrees to respect the privacy rights of other visitors by not publishing or harvesting email addresses obtained at this site.

b. Log Files

Like many sites on the Web, LeadCounsel will gather certain information automatically and store it in log files. This information typically includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, and date/time stamp. This information is collected via Google Analytics.

LeadCounsel uses this information, which does not identify individual users, to provide better service to our visitors by using the information to better administer out site and to better understand the habits and needs of the users of our site.

LeadCounsel does not link this automatically-collected data to personally identifiable information.

c. Children

LawSmart does not knowingly collect information from children. LawSmart asks parents or legal guardians to supervise the activities of their children at this site. This Web site is intended for use by adults.

9. VIOLATIONS

Your access privileges are conditioned on the adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agrees that LeadCounsel may deny you access to the site or remove your "Lead Counsel Rated©" designation if you are an attorney. You further agree, at your own expense, to defend and indemnify and hold harmless LeadCounsel against all third party claims, losses, liability, damages, and/or costs, including reasonable attorneys' fees that may be asserted against LeadCounsel and its owner LawInfo.com and all losses incurred, as a result of any violations of this Agreement by you. If asked to do so, you agree that you will not attempt to access this site. LeadCounsel will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be in violation of the Terms of Use, at any time, without prior notice and in its sole discretion.

LawInfo.com reserves the right to discontinue any aspect of the LeadCounsel.com site along with the associated Lead Counsel Rated© designation and program at any time in its sole discretion and without any notice.

10. DISCLAIMER OF WARRANTIES

IN ORDER TO PROVIDE YOU WITH THIS SERVICE, LEADCOUNSEL, THROUGH ITS OWNER, LAWINFO IS UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES THAT USER MAY OBTAIN AT THIS SITE. LAWINFO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEB SITE IS MADE AVAILABLE TO USER "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, LAWINFO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. TO THE EXTENT THAT USER MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO USER, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES.

11. LIMITATION OF LIABILITY

IN ORDER TO PROVIDE YOU WITH THIS FREE SERVICE, LEADCOUNSEL, THROUGH ITS OWNER LAWINFO, IS UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEB SITE OR ANY LOSSES THAT USER MAY INCUR. IN NO EVENT WILL LAWINFO MAY BE LIABLE TO USER FOR ANY CLAIMS BY ANY THIRD-PARTIES, FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF USER CLAIMS TO HAVE NOTIFIED LAWINFO ABOUT SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. THIS LIMITATION SHALL APPLY REGARDLESS OF THE THEORY OF RECOVERY ASSERTED, WHETHER TORT, BREACH OF CONTRACT OR OTHER THEORY.

12. GOVERNING LAW AND JURISDICTION

You agree that: (i) the Service shall be deemed solely based in California; and (ii) These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and LeadCounsel, LawSmart or LawInfo that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. The parties all consent to the jurisdiction of such courts agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. These Terms of Service, together with the Privacy Notice contained herein and in the case of an applicant for Lead Counsel Rated©, any associated program guidelines that shall be provided to you as a condition of entrance into the Lead Counsel Rated© program, shall constitute the entire agreement between you and LeadCounsel and LawInfo concerning the Service.

YOU AND LEADCOUNSEL, THROUGH LAWINFO, AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

BY USING THE SERVICE OR ACCESSING THIS WEBSITE, USER ACKNOWLEDGES THAT USER HAS READ THESE TERMS AND CONDITIONS AND HAS AGREED TO BE BOUND BY THEM.