1800Attorney.com Terms of Use Agreement

Effective Date: October 21, 2008
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE-RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eight Hundred Attorney, LLC ("Company") operates 1800Attorney.com (the "Site").
The Site offers a directory and information relating to legal professionals who pay for use of the phone number 1-800-ATTORNEY. This Agreement applies to all information on the Site, plus any other features, content or applications offered from time to time by Company in connection with Company's business (collectively, the "Services"). The Site is hosted in the U.S.
In addition to using the Site and Services, we strongly encourage you to consult an attorney for all serious legal matters.
Please read this Agreement and save it. This Agreement sets forth the terms and conditions for your use of the Sites or Services. By using the Site, you agree to be legally bound by this Agreement and all applicable laws. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue use of the Services immediately. If you wish to make use of the Services, you must read and accept the terms of this Agreement. Your use of the Site shall indicate your acceptance to this Agreement.
We reserve the right, at our sole discretion, to change, modify, add and delete portions of these Terms of Use at any time. If we do so, we will post the changes here and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services or the Site after any such changes means that you accept the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use.

Use of the Site and Services

By using the Services, you represent and warrant that:

• All information you submit is truthful and accurate,
• You will maintain the accuracy of such information,
• You are 18 years of age or older, and
• Your use of the Services or Site does not violate any applicable law or regulation. 

Proprietary Rights

All content on the Site, including designs, text, graphics, pictures, video, information, applications, software, sound and other files, and their selection and arrangement ("Site Content" or "Content"), are the proprietary property of Company, its Members or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, uploaded, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the prior express written permission of the copyright owner or licensor of such content. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
If you submit marketing materials, attorney-related information or other third-party content for posting on the Site, you represent and warrant that:

• You own or otherwise have the right to permit Company to post the Content,
• The posting of such Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and
• You will pay all royalties, fees and any other monies owing any person or entity by reason of any such posted Content.

Your Conduct When Using the Site

As a visitor to the Site, you agree not to:

• Harvest or collect e-mail addresses or other contact information of other visitors by electronic or any other means for the purposes of sending unsolicited e-mail or other unsolicited communications,
• Use our Services or the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site,
• Circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software used by Company,
• Use automated scripts to collect information from or otherwise interact with our Services or Site,
• Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,
• Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity,
• Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "pyramid schemes" or any other form of solicitation,
• Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including but not limited to addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers,
• Upload, post, transmit, share or otherwise make available 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,
• Intimidate or harass another,
• Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law,
• Advertise to or solicit any visitor or listed attorney to buy or sell any products or services through the unauthorized or impermissible use of our Services,
• Use or attempt to use another's account, service or system without authorization from the Company,
• Create a false identity through the Site, and
• Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or restricts or inhibits any other person from using or enjoying the Site or that may expose Company or its users to any harm or liability of any type.

Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation reporting you to law enforcement authorities.

Copyright Complaints

We respect the intellectual property rights of others – thus, we prohibit uploading, posting or otherwise transmitting on the Site or through our Services any materials that violate another party's intellectual property rights. If we receive proper notification of an alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material. We also have a policy of terminating the accounts of repeat copyright infringers in accordance with the Digital Millenium Copyright Act.
If you believe that any material on the Site infringes upon any copyright that you own or license, you may send a written notification of such infringement to our designated copyright agent as specified in our Copyright Policy.

Third-Party Websites and Content

Our Site contains links to other websites ("Third Party Sites") as well as photographs, text, graphics, pictures, designs, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for and we do not investigate, monitor or check such Third Party Sites and Third Party Content for accuracy, appropriateness or completeness.
Thus, if you decide to leave any of our Sites and access Third Party Sites or to use or install any third-party applications, software or content, you do so at your own risk, and you should be aware that our policies and practices no longer govern.

Products and Services Disclaimer

The products and services provided through the Site are provided "as-is," with no express or implied warranties of merchantability, suitability or completeness. You use the products and services purchased on the Site at your own risk.
In no event will: i) Company, its agents, partners or affiliates, nor ii) the providers, authors or publishers of any legal materials posted on the Site, be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, damages for procurement of substitute goods or services; loss of use, data or profits; and business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of such materials.
Company is not liable, nor does it provide any express or implied warranties, for any products or services advertised or sold by a third party on the Site, unless specifically stated.

User Disputes

You are solely responsible for your interactions with other Site visitors and listed attorneys. We reserve the right, but have no obligation, to monitor disputes between you and others.

Privacy

By consenting to these Terms of Use, you also agree to be bound by our Privacy Policy, which is incorporated by reference into this Agreement.

Limitation on Liability

Our Site and our Services may be temporarily unavailable from time to time for maintenance or other technical reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications between you and other users of the Site.
Company is not responsible for any third-party technical malfunction or other telephone or computer network, service or equipment problem, or traffic congestion on the Internet, even if such problem results in injury or damage to a person's computer, mobile device or other hardware or software.
Under no circumstances will Company or its directors, employees, affiliates or agents be responsible for any loss or damage, including but not limited to any loss or damage to any content – whether your own content, Third Party Content or content posted on or through the Site or Services.
In no event will Company or its directors, employees, affiliates or agents be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data, arising from your use of the Site or our Services, even if Company is aware or has been advised of the possibility of such damages.
Notwithstanding the above limitations, Company's liability to you for any cause whatsoever and regardless of the form of action will be limited to the amount paid, if any, by you to Company.

Governing Law

By visiting or using the Site and/or the Services, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Company or between you and any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence any action other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas.

Arbitration

You and Company agree that binding arbitration shall be the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use, the Site and/or our Services, except:

• As may otherwise be provided in specific terms applicable to specific products or Services,
• To the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, and
• For disputes or claims relating to any transactions you enter into with a third party (through the Site or elsewhere).

Arbitration under this Agreement shall be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules") (collectively "AAA Rules"). The location of the arbitration proceeding and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and for consumer disputes shall be subject to the limitations provided for in the AAA Consumer Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration proceeding or claim under these Terms of Use shall be combined with any other arbitration proceeding or claim, including any arbitration or claim involving any current or former user of our Services, and no class arbitration proceedings shall be permitted. You agree to bring any claim, action or proceeding related in any way to the Site and/or our Services no more than three (3) years after the claim arises.

Indemnity

You agree to indemnify and hold harmless Company, its subsidiaries and affiliates, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:

• Your own content or any Third Party Content you post or share on the Site,
• Your use of our Services or the Site,
• Your conduct in connection with our Services or the Site,
• Your violation of this Agreement, or
• Your violation of any law or the rights of any third party.

Submissions/Postings on the Site

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (including information submitted regarding a legal matter) you provide to Company, its partners or affiliates are not confidential nor subject to the attorney-client privilege, unless otherwise agreed by you and the individual or entity to whom you have provided the information.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or Services and supersede any prior agreements between you and Company relating to your use of the Site or Services. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please contact us if you have questions or need more information about this Agreement.