(A) Personal Use. The Site and Services are made available for your personal use on your own behalf.
(B) Children. Minors are not eligible to use the Site or Services and we ask that they do not submit any personal information to us. By using the Site and Services you warrant that you are at least 18 years of age, legally authorized to access the Site or Services, and you are legally able to enter into a contract.
II. About Us
Company provides an online legal portal to give visitors a general understanding of the law and to provide an automated video content and software solution to individuals who choose to prepare their own legal documents. Customers need not download or even license Company’s software. The Site includes general information on commonly encountered legal issues.
Through the Site you may find various advertising by attorneys. Upon clicking any referral link, be it through the Site or through advertisement, you will be directed to a website outside of the purview of this agreement and not under the control of Company. Your activity on any website other than one of the Sites owned and/or operated by Company will not form any new or modify any existing relationship with Company.
When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Company immediately of any unauthorized use of your account, user name or password through emailing firstname.lastname@example.org
THIS SITE PROVIDES USERS WITH ONLINE ACCESS TO EDUCATIONAL ADVICE AND OTHER INFORMATION FROM COMPANY AND CONSULTANTS. CONTENT AND OTHER INFORMATION CONTAINED ON THIS SITE HAS BEEN PREPARED BY THE COMPANY AND CONSULTANTS AS A CONVENIENCE TO ITS USERS. Company strives to keep its legal documents and videos accurate, current and up-to-date. However, because the law changes rapidly, Company cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Company provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. COMPANY HAS USED REASONABLE EFFORTS IN COLLECTING, PREPARING AND PROVIDING QUALITY INFORMATION AND MATERIAL, BUT MAKES NO WARRANTY OR GUARANTEE ABOUT THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE CONTENT OR OTHER INFORMATION CONTAINED IN OR LINKED TO THIS SITE OR ANY OTHER SITE MAINTAINED BY THE COMPANY. THE SITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. THE COMPANY AND ITS LICENSEES (INCLUDING THE CONSULTANTS UTILIZING THE SITE), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS- FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY ACTION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR THROUGH THE COMPANY OR ITS LICENSEES (INCLUDING CONSULTANTS UTILIZING THE SITE). THE COMPANY IS NOT LIABLE FOR UNFAIR BUSINESS PRACTICES. COMPANY MAKES NO WARRANTY THAT: (i) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR THE CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE CONTENT WILL MEET YOUR EXPECTATIONS. AT NO TIME WILL COMPANY, ITS AGENTS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR ASSIGNEES REVIEW USER CONTENT FOR LEGAL SUFFICIENCY, DRAW LEGAL CONCLUSIONS, PROVIDE LEGAL ADVICE, OPINIONS OR RECOMMENDATIONS ABOUT YOUR LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS, OR STRATEGIES, OR APPLY THE LAW TO THE FACTS OF YOUR PARTICULAR SITUATION. COMPANY IS NOT A LAW FIRM AND MAY NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY. THE CONTENTS OF THE SITE, INCLUDING VIDEOS AND FORMS, ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF AN ATTORNEY AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. IT IS LEGAL INFORMATION THAT APPLIES IN A GENERAL SENSE. LAWS MAY VARY DEPENDING ON THE JURISDICTION. NO ATTORNEY-CLIENT RELATIONSHIP IS OR WILL BE FORMED BETWEEN YOU AND COMPANY, AND INFORMATION YOU PROVIDE TO COMPANY THROUGH ITS SITE OR ANY COMPANY REPRESENTATIVE MAY NOT BE CONSIDERED CONFIDENTIAL OR PRIVILEGED. LEGAL INFORMATION BY ITSELF MAY BE INSUFFICIENT TO RESOLVE LEGAL PROBLEMS BECAUSE IT IS NOT TAILORED TO YOUR PARTICULAR FACTS AND CIRCUMSTANCES. COMPANY IS NOT AN ATTORNEY REFERRAL SERVICE. ALL OPINIONS AND STATEMENTS EXPRESSED BY A USER ON THIS SITE AND DURING ANY CONSULTATION OR COMMUNICATION FACILITATED THROUGH THIS SITE ARE SOLELY THE INDIVIDUAL AND INDEPENDENT OPINIONS AND STATEMENTS OF THE CONSULTANT OR USER AND DO NOT REFLECT THE OPINIONS OF COMPANY, ITS AFFILIATES OR ANY OTHER ORGANIZATIONS OR INSTITUTIONS TO WHICH SUCH CONSULTANT IS AFFILIATED OR PROVIDES SERVICES. ANY REVIEW OR OTHER MATTER THAT COULD BE REGARDED AS A TESTIMONIAL OR ENDORSEMENT BY ANY SUCH PERSON DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE OUTCOME OF ANY COMMUNICATION. THE COMPANY DISCLAIMS RESPONSIBILITY FOR THE ACCURACY OF ANY INFORMATION POSTED BY USERS OR CONSULTANTS. USERS RELYING ON CONTENT OR ANY OTHER INFORMATION FROM THIS SITE OR ANY CONSULTANTS THAT UTILIZE THE COMPANY OR ITS PLATFORMS (WHETHER INFORMATIONAL/EDUCATIONAL, OR LEGAL FROM ANY INTERACTION FROM CONSULTANTS) DO SO AT THEIR OWN RISK. OBTAINING ANY CONTENT THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMPANY WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, CONTENT, INFORMATION OR SOFTWARE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT. YOUR USE OF THIS SITE IS DISTINGUISHED FROM ANY COMMUNICATIONS THAT OCCUR BETWEEN CONSULTANTS AND USERS OUTSIDE OF THIS SITE. THOSE COMMUNICATIONS, AND THE PRIVACY AND SECURITY THEREOF, ARE THE SOLE RESPONSIBILITY OF THE CONSULTANT IN QUESTION. ALL EDUCATIONAL INFORMATION PROVIDED ON THE SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY THE COMPANY, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL COMMUNICATIONS BETWEEN CONSULTANTS UTILIZING THE SITE AND CONSUMERS, IS INTENDED TO BE FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT LABEL OR PACKAGING. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES CAUSED BY ANY PRODUCTS OR DEVICES SOLD OR OFFERED OR SUGGESTED ON THE SITE. FOR ANY PRODUCTS OR DEVICES PURCHASED FROM THE SITES OR RECOMMENDED BY IT, YOU SHOULD READ CAREFULLY ALL PRODUCT PACKAGING AND INSTRUCTIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR URGENT HEALTH CARE NEED, IMMEDIATELY CALL YOUR HEALTH CARE PROVIDER OR DIAL 911. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. We encourage you to reach out for help, and hope that your matter is resolved in a manner that is best for all parties involved. A list of crisis help lines and service providers can be found in your phone book, or contact any of the organizations listed below:
- National Suicide Hotline 800-273-TALK (800-273-8255)
- National Domestic Violence Hotline 800-799-SAFE (800-799-7233)
- National Child Abuse Hotline 800-4-A-CHILD (800-422-4453)
- National Mental Health Association Information Center: nmha.org
IV. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR SITE (INCLUDING THE CONSULTANTS UTILIZING THE SITE), OR ANY THIRD PARTIES MENTIONED ON THE SITE) BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, GOOD WILL, USE DATA OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (ii) ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF OUR SITE OR ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS WEB SITE. (iii) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF OUR WEB SITE, (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM OUR WEB SITE (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (vii) ANY LOST PROFITS OF USERS FOR SPENDING ANY TIME ON THE SITE OR ANY ARTICLES OR COMMENTS POSTED ON THE SITE OR (viii) ANY OTHER MATTER RELATING TO OUR WEB SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH WILL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE ABOVE, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEB SITE.
Company will not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Company, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. It is your responsibility to ensure no one else is using your account.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
VI. Limitation of Rights and Liabilities
(A) Independence of Consultants. The Consultants utilizing or featured on the Site are subscribers and licensees to the Site and not employees, service providers, or agents of the Company. Any opinions, advice, or information expressed by a Consultant utilizing or featured on the Site are of the professional and the professional alone. They do not reflect the opinions of the Company. Company does not recommend or endorse any Consultants, specific products, procedures, opinions, or other information that may be mentioned on the Company or by a licensee of the Company. Consultants may be licensed, certified, educated, employed by or have experience in only particular specialized areas. Company does not certify or credential Consultants or offer to do so, nor does it screen, perform background checks, confirm the qualifications, evaluate, or endorse any Consultant, other than as follows:
The Site contains mere advertisements and a directory and does not certify or credential practitioners and will not be liable for certifying or credentialing practitioners. You understand that it is your responsibility to check the certification and/or licensing of the Consultant with applicable state licensing Board or authorities in the Consultant’s state. Company cannot guarantee that any given Consultant will be licensed to practice in your state, or in the state in which you reside during any session. Company’s role is strictly limited to providing access to Consultants for your consideration. You assume all risk of pursuing any course of action following receipt of information by a Consultant.
The inclusion of Consultants on the Site or in any professional directory located on the Site does not imply recommendation, referral or endorsement of such Consultant nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Consultant contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same. Company makes no claims regarding products or services, and has not evaluated the skills and abilities of the Consultants and makes no recommendation or endorsement of them.
(B) Ownership. This Site is owned and operated by Company. All right, title and interest in and to the Content provided on this Site is owned by Company. Except as otherwise expressly provided by Company, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or any of our Services will be construed to confer any license under any of Company’s intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Company does not sell, license, lease or otherwise provide any of the Content other than those specifically identified as being provided by Company. Any rights not expressly granted herein are reserved by Company.
You grant Company a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Company at any time by removing your personal information from the applicable service.
(C) Limited Permission to Download. You agree not to download or otherwise cause to be saved as redistributable media any content provided by Company to you as “streaming content.” The term “streaming content” as used herein will mean any transmission of data over the internet that is provided by being partially downloading and then played as the remainder of the file is being downloaded. You agree not to circumvent, disable, or otherwise interfere with security related features of the Services or Content that are intended to prevent or restrict the unauthorized copying of any streaming content.
Any unauthorized use of any Content contained on this Site or Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
(D) License to Use. Company grants you a limited, personal, non-exclusive, non-transferable license to use our forms, our Content, and our Services for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You will not remove any copyright notice from any Form.
(E) Resale Prohibited. By ordering or downloading any material from the Sites, you agree that the material you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Company.
(F) Links to Third Party Sites. This Site and other Content may contain links to Sites controlled by parties other than Company (each a "Third Party Site"). Company works with a number of partners and affiliates whose sites are linked with Company. Company may also provide links to other citations or resources with whom it is not affiliated. Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Site accessed from a Third Party Site or any changes or updates to such sites. Company makes no guarantees about the content or quality of the products or services provided by such sites. Company is not responsible for any form of transmission received from any Third Party Site.
Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Third Party Site, nor does it guarantee that Company sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
(G) Use of Testimonials and Media Endorsements. The media hosts on the Site endorse Company as paid spokespeople in our advertising campaigns.
VII. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOU RIGHTS.
In the unlikely event that the Company is unable to resolve your complaint to your satisfaction (or if Company has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court. In arbitration you may recover attorney's fees from us to the same extent or more as you would in court.
We encourage you to speak with independent counsel before using this Site or completing any purchase.
(A) For any dispute or claim arising between Company and you, both Company and you agree to arbitrate all disputes and claims before a single, individual arbitrator, and will not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another.
(B) The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to: claims arising out of or relating to any aspect of the relationship between Company and you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Company ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. These Terms evidence a transaction or Site use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(C) Any dispute must be initiated with the AAA within one year of occurrence or to the maximum extent permitted by law. In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, a party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). A Notice to Company should be addressed to:
Notice of Dispute, General Counsel
Hollywood Lawyers Online, LLC
2491 Purdue Ave., Suite 221
Los Angeles, CA 90064
If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
You may download or copy a form to initiate arbitration from the AAA Site at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. (There is a separate form for California residents, also available on the AAA's Site at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)
(D) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Company. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Company was a party. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator will have the right to award attorney’s fees to the prevailing party. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(E) If you would be entitled to an attorney’s fees under applicable law the arbitrator may award you that amount. You may not recover duplicative awards of attorney's fees or costs.
(F) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Company AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator will not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Notwithstanding the foregoing, both parties hereby waive the right to appeal any arbitration award other than an award providing injunctive relief. The arbitrator will not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. As in the rest of this agreement, if one part of this arbitration agreement is found to be invalid, the invalid provision will be severed from the rest of this arbitration clause and agreement and the rest of this clause and agreement will be valid.
(G) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, must be kept strictly confidential, to the maximum extent permitted by law, other than as part of an appeal to a court of competent jurisdiction.
(H) The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
VIII. Governing Law
You will resolve any claim, cause of action or dispute you have with Company arising out of or relating to this Statement or Company exclusively in Los Angeles County in the state of California.
IX. Additional Terms
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©,Hollywood Lawyers Online, LLC. ALL RIGHTS RESERVED.
Include all Company trademarks. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
XII. Reviews, Comments, Communications, and Other Content
XIII. Rights and Responsibilities of Company
Company is not the publisher or author of the User Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Company takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us for help.
If Company's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Company reserves the right to delete those files or to stop those processes. If the Company technical staff suspects a user name is being used by someone who is not authorized by the proper user, Company may temporarily disable that user's access in order to preserve system security. In all such cases, Company will contact the member as soon as feasible.
Company has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Company reserves the right to refuse service to anyone and to cancel user access at any time.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure the Company, we may stop providing all or part of the Site or Services to you. We will notify you by email or at the next time you attempt to access your account. You may delete your account at any time. will
XV. Rights and Responsibilities of Company Users or Other Posters of User Content.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
Ratings and reviews will generally be posted in two to four business days. We permit you to post reviews of Videos or and other Services available through the Sites. Though we are thoroughly committed to not rejecting a review solely on the basis of it being negative, we do reserve the right to reject, remove or edit such content at any time without notice.
Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the Video or Service’s creative personnel; misleading information regarding the origin of the content; or a discussion of Company’s policies or services.
You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF THE VIDEO OR SERVICE. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF THE VIDEO OR SERVICE, TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE SITES. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.
Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk. The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Company service, including the Company Site and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Company service. Furthermore, by posting any Feedback on the Sites, submitting Feedback to Company, or in responding to questionnaires, you grant Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Company does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Company. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Company and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
If you would like to submit a full script, script idea, or other idea and would like to receive compensation for that submission, please first contact Company to ensure your rights are adequately protected.
XVI. Compliance with Intellectual Property Laws.
When accessing the Site or using any Service offered by Company, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Company user account.
Company has adopted a policy that provides for the immediate removal of any content, articles, or materials that have infringed on the rights of Company or of a third party or that violate intellectual property rights generally. Company's policy is to remove such infringing content or materials and investigate such allegations immediately.
(A) Copyright Infringement:
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of Company or of a third party, or otherwise violated any intellectual laws or regulations. Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
c/o Hollywood Lawyers Online, LLC.
2491 Purdue Ave Suite 221
Los Angeles, CA 90064
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (i) Your physical or electronic signature; (ii) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
XVII. Inappropriate Content
When accessing the Site or using Company's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or foreign law or regulation; or (iii) advertises or otherwise solicits funds or is a solicitation for goods or services.
XVIII. Compliance with Export Restrictions
You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose
BY USING COMPANY'S SERVICES OR ACCESSING THE COMPANY SITE OR SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO COMPANY VIA THE COMPANY SITE OR SERVICES CONSTITUTES AN INQUIRY TO COMPANY, AND THAT COMPANY MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
Lawyer Account Agreement
I.Acceptance of Terms
Welcome to www.LawTake.com and related websites ("Service" or "Site") owned and operated by Company and Hollywood Lawyers Online, LLC (“Company”). Company is an interactive website with text, pictures, graphics, logos, videos, downloadable documents, button items, sounds, images, works of authorship, and other content (collectively with all information and material about Company, (“Content”). The Site provides online legal information and advertisements for legal and other business services by third party authors, developers and vendors, which includes, lawyers licensed to practice in a variety of jurisdictions, juris doctors and other professionals working in the legal field (collectively, “Consultants”) and ratings, reviews, comments, and other content (the “User Content”).
In these terms the words “you”, “your”, and “Lawyer” refer to each individual applying to become an Lawyer user on the Site. The term “User” applies to both non-Lawyer customers on the Site as well as you. “We”, “us”, “our” refers to the Company Site and Services.
Please review all of the Terms carefully before applying to become an Lawyer on the Site.
By applying to register for an Lawyer Account on the Site, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of 18 and able to form legally binding contracts, and (iii) are an Lawyer in good standing of at least one jurisdiction in the United States of America.
If you do not accept the Terms in their entirety, your sole and exclusive remedy is to immediately discontinue use of the Site and Services.
II. Right to Modify Terms
Company reserves the right to change, revise or modify the Terms (including fees) at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective upon the earlier of the agreement of the User or thirty (30) days after notice to the existing User either via email from info@LawTake.com or another Site email address to your email address on file with Company or via other means including but not limited to a banner, message, or other conspicuous notice on the Site. You agree to make any and all necessary arrangements so that you receive all emails from these email addresses. You agree that it is your responsibility to ensure that your email is configured to properly receive emails from Company email addresses including, but not limited to, ensuring that your spam filter is not filtering out Company emails, that you are regularly checking the email address on file with Company, and other measures as may be necessary to ensure you receive notice by email. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Service.
The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
It is your responsibility to review all Terms periodically. Company reserves the right to change, revise or modify the Terms at any time by posting the amended terms on the Site. All amended Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective upon the earlier of the agreement of the User or thirty (30) days after notice to the existing User either via email from info@LawTake.com or another Site email address to your email address on file with Company or via other means including but not limited to a banner, message, or other conspicuous notice on the Site. You agree to make any and all necessary arrangements so that you receive all emails from our email addresses. You agree that it is your responsibility to ensure that your email is configured to properly receive emails from Company email addresses including, but not limited to, ensuring that your spam filter is not filtering out Company emails, that you are regularly checking the email address on file with Company, and other measures as may be necessary to ensure you receive notice by email. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Service.
III. Lawyer Representations and Covenants
By agreeing to this Agreement and completing the online registration process, you are representing and agreeing that:
(a) All information you provide in your registration with Company relates to yourself only and is accurate, complete and not in any respect misleading. You accurately describe your background, skills, knowledge and your level of experience (including professional licenses, certifications, education, employment, etc.). You do not misrepresent yourself or create a misleading username. All photographs, view names and other information that you provide in your Lawyer profiles must appear professional.
(b) You will maintain and update such information immediately of any changes so that it remains true, accurate and complete. In addition, if any change to this information alters the status of any of your credentials that have been verified for purposes of being an Lawyer on the Site (e.g. active license becomes inactive or suspended; disciplinary investigation is opened, etc.), you will notify Company of such change by sending an email to Lawyer@LawTake.com within twenty-four (24) hours of the change. In addition, if such change makes you ineligible to be an Lawyer on the Site, then you must immediately cease use of the Site and Services through your Lawyer account.
(c) You will not apply to, or answer questions in, any of the other categories or subcategories if you are not well informed on the issue being presented.
(d) You will provide competent answers that are within your realm of expertise and any applicable credentials only, and will use at least a reasonable standard of care in providing answers (a reasonable standard of care being the higher of (i) the standard you apply in your profession not conducted on the Site or on the Internet and (ii) the standard of care required by your State Bar).
Lawyers must be licensed to practice law, and be in good standing, in at least one jurisdiction in the United States or foreign country. Lawyers will provide general information only, such as providing descriptions of general principles of law, and will, under no circumstance, provide legal advice. In responding to questions, Lawyers will not apply their legal knowledge or skills to resolve or advise on the Customer's specific factual circumstances described in the question, such as by proposing a specific course of action (other than advising the User to seek the advice of an Lawyer licensed to practice in the relevant jurisdiction). Lawyers will not form an Lawyer-client relationship on the Site.
(f) You will not do anything to manipulate, undermine, or disrupt the integrity of any Customer, Lawyer, or other feedback ratings, reports or systems on the Site, including but not limited to inputting false information or reports about other Lawyers or communicating with other Lawyers about a plan of filing reports or making complaints about other Lawyer. You will not harass or threaten any other User of the Site.
(g) You will abide by all the laws, rules, regulations, and ethical standards of your State Bar. You will maintain active malpractice insurance. If, at any time, there is a lapse in your malpractice insurance, you will immediately notify Company and cease use of the Site.
(h) You will not engage in the Restricted Activities noted in the Terms, including but not limited to copyright infringement (i.e. you may not copy and paste information from other websites or other Lawyer's answers on the Site into your Posts, unless you have received the necessary authorizations to do so).
IV. Tests, Verifications and Other Requirements
As a condition of becoming or continuing to be an Lawyer on the Site, you may be required to and you agree to pass subject matter or other tests and/or provide information about yourself (e.g. professional licensing, certification, education and employment status and history) as requested by Company at any time. In such an event, you consent to Company's disclosure of information to third-parties in order to verify such information or in order to comply with federal, state or local laws or regulations. Company may require that you pay for all or a portion of any verification fees. Neither passing a test nor paying for or agreeing to undergo verification creates any rights for the Lawyer to remain as an Lawyer on the Site. Company may still suspend or terminate an Lawyer’s service at any time, without notice, for any or no reason, and in its sole discretion.
V. Informational and Educational Purposes Only
The Company Site is a venue for informational and educational purposes only. The formation of a professional-client relationship on the Site is strictly prohibited.
VI. Content and License
Any information or communications provided in questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts on the Site and other places where Users communicate with one another on the Site (“Posts”) will not be considered confidential and may be used by Company. This may include but is not limited to using your signature and/or profile information in emails sent to Customers alerting them to your postings to them. You understand and agree that Company may send Customers emails pertaining to their questions and your answers that are signed by your username (but sent on your behalf from a Company email address), for example, letting the Customer know that you have been sent an email alerting you to their question or have responded to their question.
As between you and Company, you will retain whatever ownership interest you have in and to the Posts you provide on the Site. Company reserves the right to remove any or all of your Posts, in whole or in part.
You grant to Company a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.
To allow Company to assist you in protecting your copyrights in your Answers, at its sole discretion, you grant Company the right to act on your behalf solely in submitting DMCA takedown notices to other websites to remove copies of your Answers on the Site from other websites. You agree to notify Company at Lawyer@LawTake.com within twenty-four (24) hours of posting any portion of your Answers on another website or granting permission to another person or entity to do so, so that Company does not submit a DMCA takedown notice for such content. If you do not wish Company to assist you in protecting your copyrights in this manner, please send an email to that effect to Lawyer@LawTake.com. You agree that Company has no obligation to make any searches or submit any DMCA takedown notices on your behalf.
VII. Plagiarism/Copyright Infringement
Lawyer agrees that all videos, documents, other media, answers, and all other contributions from Lawyer to the Site or Services are Lawyer’s own unique work, and do not iomproperly borrow from any other copyrighted work. Lawyer further agrees to indemnify, defend, and hold blameless Company for any claims of copyright infringement, plagiarism, or any other claim based upon improper use of intellectual property by Lawyer.
Lawyer agrees that all videos, documents, other media, answers, and all other contributions from Lawyer to the Site or Services are original to Lawyer and no part is in the public domain; Lawyer has not and will not enter into any agreements or activities, which will hinder, compete, conflict, or interfere with the exercise of any of the rights granted to Company. Lawyer has no knowledge of any claim or potential claim by any party that might in any way affect Company’s rights herein.
Lawyer agrees that all videos, documents, other media, answers, and all other contributions from Lawyer to the Site or Services does not, and no use thereof will, infringe upon or violate any personal, proprietary, or other right of any third party, including, without limitation, defamation, libel, slander, false light, or violation of any right of privacy or publicity or any copyright law.
VIII. Nature of Services
Company is not a referral services and no fees will be referral fees. You acknowledge, agree and accept that Company and its Service are merely a utility through which legal and related services and products may be provided and/or supplied, and that neither Company nor any Company representative will provide legal advice, services or products, or shall be responsible or liable to you or any other person for the provision of any legal advice, services or products on any matter. You further acknowledge, agree and accept that each Lawyer is solely responsible for the legal advice, services and/or products which he or she provides, and for the delivery of such advice, services and/or products to you.
Other than through automated search and retrieval criteria, and criteria based on your preferences, neither Company nor any Company representatives will recommend, refer work or clients to, or prefer any Lawyer. All properly licensed Lawyers in good standing are eligible to apply to register, subject to these Terms, the geographic coverage of the Service and compliance with relevant licensing rules and laws. YOU, WHETHER AS CLIENT OR LAWYER, HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE, INDEMNIFY AND AGREE TO HOLD HARMLESS COMPANY AND EACH COMPANY REPRESENTATIVE FROM ANY AND ALL CLAIMS, OF WHATSOEVER NATURE, RELATING TO, OR ARISING FROM; (I) THE PROVISION, OR PURPORTED OR PROMISED PROVISION OR SUPPLY BY, OR TO YOU, OF LEGAL OR OTHER ADVICE, SERVICES, INFORMATION AND/OR PRODUCTS; (II) YOUR, OR ANY LAWYER OR ANY OTHER PERSON WITH WHOM YOU ARE DEALING, MAY DEAL OR HAVE DEALT'S REFUSAL TO PROVIDE ANY ADVICE, SERVICES, INFORMATION OR PRODUCTS, OR TO CONSULT, ANSWER ANY EMAILS OR CORRESPONDENCE OR QUESTIONS OR OTHERWISE ; (III) YOUR, OR ANY LAWYER, OR OTHER PERSON WITH WHOM YOU ARE DEALING, MAY DEAL OR HAVE DEALT, FAILING TO COMPLY WITH APPLICABLE OR RELEVANT RULES OF PROFESSIONAL RESPONSIBILITY OR CONDUCT OR APPLICABLE LAWS; (IV) THE RESULTS OR CONCLUSIONS OF ANY ADVICE OR SERVICES GIVEN, OR THE QUALITY OF ANY ADVICE, PRODUCTS OR SERVICES GIVEN OR SUPPLIED BY YOU OR ANY LAWYER OR OTHER PERSON WITH WHOM YOU ARE DEALING, MAY DEAL OR HAVE DEALT; (VI) YOUR, OR ANY LAWYER OR OTHER PERSON WITH WHOM YOU ARE DEALING, HAVE DEALT OR MAY DEAL'S MALPRACTICE OR POOR PERFORMANCE; (VII) THE PAYMENT OR RETURN OF ANY RETAINER, TRUST OR OTHER FUNDS, OR THE SAFEGUARDING OR KEEPING OF ANY PROPERTY ON MATTERS YOU ARE, HAVE BEEN, OR MAY BE INVOLVED IN; (VIII) THE FAILURE BY YOU, OR OF ANY PERSON TO PAY FEES OR OTHER COSTS OR CHARGES DUE, OR ALLEGED TO BE DUE FOR ADVICE, SERVICES OR PRODUCTS GIVEN OR SUPPLIED, OR TO BE GIVEN OR SUPPLIED ON MATTERS YOU ARE, HAVE BEEN, OR MAY BE INVOLVED IN; (IX) ANY MATTER ARISING FROM OR RELATING TO THE ENGAGEMENT, PURPORTED ENGAGEMENT OR ATTEMPTED ENGAGEMENT OF, OR BY YOU ON ANY MATTER YOU ARE, HAVE BEEN, OR MAY BE INVOLVED IN AND/OR THE TERMS OF SUCH ENGAGEMENT.
Upon condition that Lawyer will fully perform all material services required to be performed by Lawyer and that Lawyer is not in default of this Agreement, Company agrees to pay to Lawyer, as full consideration for all services to be performed by Lawyer hereunder, and for all rights herein granted, and all representations and warranties made, the following sums in the following manner:
Company will pay Lawyer an amount equal to eighty percent (80%) of one hundred percent (100%) of the Companys’s share of net profits, if any, from the video sales and pay-per-views of the video. “Net profits” as used herein will be defined, accounted for, and paid in the same manner for Lawyer as for Company whether Lawyer’s contingent compensation is called Net Profits, Adjusted Gross Profits, or otherwise.
Lawyer will not be entitled to any additional royalties, residuals, or commissions upon the sale of the video other than in the manner described in this Agreement.
Company may accrue and withhold all fees until the total amount due to you is at least one-hundred dollars ($100). If you have not earned any fees in one (1) year prior to any given calendar month, then on the first day of that calendar month we may charge you an account maintenance fee that will be deducted from your unpaid accrued fees. That account maintenance fee will be the lesser of $10 or the amount of unpaid accrued advertising fees in your account. Further, any unpaid accrued fees in your account may be subject to escheatment under state law. We may be obligated by law to obtain tax information from you if you are a U.S. citizen, U.S. resident, or U.S. corporation, or if your business is otherwise taxable in the U.S. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or remedies available to us) withhold your fees until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
When you upload a video, document, or any other media (collectively, the “Work”) to the Company Site or Services, you may be prompted to provide a price for the Work. While you may provide any price desired, Company reserves the right to approve of all pricing structures for any and all Work.
If Company rejects the price of a Work, Company will email you and provide (i) the reason for rejection and (ii) a suggested price.
Further, Company reserves the right to periodically review past pricing structures and reject previously approved prices on Works. Company may exercise this right for any reason, including, but not limited to, (i) negative feedback, (ii) poor sales history, or (iii) change in law. In the event Company rejects an already priced Work, Company will email you and provide (i) the reason for rejection and (ii) a suggested price.
In the unlikely event you and Company are unable to agree upon a price for the Work, Company will remove the Work from the Site.
You are prohibited from negotiating payment with a User regarding any information you post to the Site, either on or off the Site, unless expressly allowed by Company, and you shall not discuss with other Users how much you are paid for answers you provide on the Site. In your communications with Users on the Site, you are not permitted to post anything other than answers to questions, legitimate requests for information, polite replies prompted by User posts (for example, "You're welcome" to a post from a Customer stating "Thank you"), or communications letting the User know you are working on an answer (if you are, in fact, doing so without responding to any new questions not specifically addressed to you). You are not allowed to seek or provide contact information from or to other Users of the Site.
XII. Lawyer Accounts and Relationship to Company
You may not share your account with, nor use the account of, anyone else. You will be solely and fully liable and responsible for all activities and answers provided under your username and password. If any Company account of yours has been suspended or terminated, you may not open another account on the Site or use another User or Lawyer’s account. Your sole remedy for disputing an accounting termination is by emailing Lawyer@LawTake.Com and requesting a review by Company. Company is under no obligation to re-instate any account.
No relationship (such as partnership, agent, joint venturer, or employee) between you and Company is created by this Agreement or your participation on the Site. You acknowledge that you are not an employee or agent of Company but are, like Customers, only Users of the Site. You shall act in accordance with this status and shall not hold yourself out as an officer, employee or agent of Company, nor make any claim based on any right or privilege applicable to Company’s employees. Under no circumstances shall you look to Company as your employer, or as a partner, agent, or principal. Nothing regarding your participation on the Site will be considered as an endorsement, referral or recommendation by Company of you or the answers you provide and you will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.
XIII. Limited Exclusivity and Other Agreements
By agreeing to this Agreement and completing the online registration process, you are agreeing that:
(a) To the extent permissible by law, in any calendar month that you answer questions on the Site, you will not also answer questions on any other website that includes a fee-based question-and-answer component, unless the fee-based question-and-answer component is via the Company advertising program or it is a website on which you are the only person answering questions.
(b) You will not post – or authorize anyone else to post – any portion of your answers on Company or any other fee-based question-and-answer website, unless that question-and-answer component is via the Company Site or it is a website on which you are the only person answering questions. This does not prohibit you from providing the same substantive answer to a question, but only from providing it using the same words as used on the Site.
(c) The provisions of 10(a) and 10(b) are not intended to prevent you from practicing your profession, but only from engaging in the limited activity described therein.
(d) You will not use the Site in any way to solicit or contact any other Users to ask or answer questions on any other website.
(e) You will not make any statement that disparages Company, its services, products, directors, officers, employees, shareholders or agents (i) to any Users on the Site or (ii) in any location outside of the Site, except as required by law or in communications exclusively to Company.
(f) You will not provide information on any other websites about Company, unless you expressly state that your statements are not made on behalf of and have not been approved by Company.
(g) You will not use any automated programs to automatically lock questions that are posted on the Site.
Lawyers are granted access to the Site beyond the access granted to other Users and, as such, have access to information not known by non-Lawyer Users of the Site ("Confidential Information"). Lawyers shall maintain all Confidential Information in confidence, shall use such Confidential Information in confidence, shall use such Confidential Information only in connection with their legitimate activities on the Site, shall not use Confidential Information for the purpose of developing, operating or participating in any competing service, and shall not disclose Confidential Information to non-Lawyers unless required by law.
XV. Restrictions, Suspension and Termination of Accounts and Service
At any time, without notice, for any or no reason, and in its sole discretion, Company reserves the right to refuse service to anyone, or to put restrictions on, suspend or terminate an Lawyer’s account privileges or account.
At any time, without notice, for any or no reason, and in its sole discretion, Company reserves the right to modify or discontinue any portion or all of the Service. Lawyer has no rights in and to the Site and Services or in and to any use or continued use of such Site or Services.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
Failure to enforce any provision of this Agreement by Company shall not constitute a waiver of any provision by Company. If any provision of this Agreement is deemed invalid or unenforceable, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. All provisions not affected by the invalidity shall remain in full force and effect.
XVIII. Disclosure of Information
The information Users provide to Company is not protected by the Lawyer-client privilege.
As such, any communication you make with a User through the Company service will not be protected by the Lawyer-client privilege.
Each Lawyer agrees and accepts that notwithstanding contradictory sections above, a User may, in accordance with applicable local law, be a prospective or actual client of yours, and you agree and accept that, you, as Lawyer, remain responsible to comply with any rules of professional conduct applying to you which supervene the understanding or agreement of any other User or reflect the actual course of events in your communications with that User on or off the Service, particularly in relation to when an Lawyer-client relationship may be formed and your responsibilities thereunder, as well as any duty of confidentiality that you may have to a client or prospective client. YOU AS AN LAWYER ARE, AS A MINIMUM, HEREBY REQUIRED TO KEEP, AND MAINTAIN AS CONFIDENTIAL ALL INFORMATION COMMUNICATED TO YOU BY ANOTHER USER IN, THROUGH, BY OR IN RELATION TO AN ACTIVE CASE OR CLOSED CASE ON THE SITE.
You, as an Lawyer, are responsible to inform both perspective and actual clients when information is confidential and when it is not.
XIX. No Obligation to Provide Legal Advice
Neither you, nor any other, Lawyer, nor User of the Site has any obligation or responsibility to provide any other User with legal advice, products or other services on or through the Service, or to respond to any email, consultation request, or any other communication or request.
Nothing herein will be construed to create an attorney-client relationship between the Company and you. While all emails and communications with the Company are protected by this Policy, your communications with the Company are not protected by the attorney-client privilege or by any other obligation for confidentially created by an attorney-client relationship.
WHAT WE COLLECT
We collect information about you in a range of ways.
Information You Give Us
We may collect your name, postal address, email address, phone number, fax number, username, password, demographic information (such as your gender and occupation), and other information you directly give us on our Site.
Information We Get From Others
We may get information about you from other sources. We may add this to information we get from our Site.
Information Automatically Collected
We automatically log information about you and your computer. For example, without limitation, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times, Internet protocol (IP) address, and information about your use of and actions on our Site.
Cookies can contain pieces of Personal Information. These Cookies often are used to make our Site easier to use. For example, if you check a box to ask that we remember your login information on your computer so that you don't have to enter it each time you visit our Site, it's stored in a Cookie on your computer.
While certain features of the Company’s Site may be available without Cookies enabled, other parts and services will not be available if you choose to disable Cookies. You must enabled Cookies to fully utilize the services offered on our Site. By disabling cookies you hold the Company blameless for any lack of access that may occur to our Site.
We may log information using digital images called Web Beacons on our Site or in our emails. We may use Web Beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use Web Beacons to tell if you open or act on our emails.
USE OF PERSONAL INFORMATION
We use your personal information as follows:
- We use your personal information to operate, maintain, and improve our sites, products, and services.
- We use your personal information to respond to comments and questions and provide customer service.
- We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
SHARING OF PERSONAL INFORMATION
We may share personal information as follows:
- We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
- We may share personal information when we do a business deal, or negotiate a business deal, involving sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
- We may share personal information for legal, protection, and safety purposes.
- We may share information to comply with laws.
- We may share information to respond to lawful requests and legal process.
- We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
We may also share aggregated and/or anonymized data with others for their own uses. This data will never contain personally identifiable information, such as your name, address, phone number, or any other data that can be linked solely to you. This information may contain data such as the total number of visitors on our Site who use a certain browser, live in a certain locality, or are of a certain age group, or other data that is not personally identifiable.
INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you. In order to use certain services on our Site including, but not exclusive to, the shopping cart or user account features, cookies must be enabled. By disabling cookies you hold the Company blameless for any lack of access that may occur to our Site.
SECURITY OF YOUR PERSONAL INFORMATION
We strive to make certain that our servers and connections incorporate the latest encryption and security devices. We have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect. Credit card and personal information are transmitted by secure servers. Documents are delivered to you via UPS or similar overnight delivery services, the United States Postal Service, or email. Unfortunately, no data transmission is guaranteed to be 100% secure and we therefore cannot guarantee the security of information you transmit to or from our Site, Applications, or through the use of our services, and you provide this information at your own risk.
ACCORDINGLY, WE DISCLAIM LIABILITY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR DATA OR COMMUNICATIONS BY USING OUR SITE, APPLICATIONS, AND OUR SERVICES. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ASSUME THESE RISKS.
IF YOU BELIEVE YOUR PRIVACY HAS BEEN BREACHED THROUGH USE OF OUR WEBSITE, APPLICATIONS, OR OTHER SERVICES PLEASE CONTACT US IMMEDIATELY BY EMAILING, LAWYER@LAWTAKE.COM, SUBJECT: BREACH OF PRIVACY ISSUE.
Password: To provide you with an increased level of security, we utilize password security measures. Online access to your personal information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or email messages). Encryption: When you interact on the Website, your personal information is transmitted through the Internet using Secure Socket Layer (SSL) technology. SSL technology causes your browser to encrypt your personal information before transmitting it to our secure server. Encryption is the translation of data into a secret code. Once the data resides on the Company’s servers, the data remains encrypted. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. Not everything you transmit or email messages).
Firewall: We use firewalls where appropriate to protect information held on our servers. A firewall is a system designed to prevent unauthorized access to a public or private network. Firewalls are frequently used to prevent unauthorized Internet users from accessing private portions of public networks. All messages entering or leaving the network pass through the firewall, which examines each message and blocks those that do not meet the specified security criteria.
Confidentiality: We restrict access to Personal Information collected about you on the Website to select employees, licensees, consultants or others who need to know that information to provide services to you or in the course of conducting our normal business operations. We also advise them about their responsibility to protect Customer data and we provide them with appropriate guidelines for adhering to our company's business ethics standards and confidentiality policies. If you are a former customer, we protect your information in the same manner that we treat information about our current customers.
Visitors of Website from Outside the United States
The Company is governed by the laws of the United States of America. By using the Website and submitting any Personal Information, visitors from outside the United States acknowledge that the Website is subject to U.S. law, consent to the transfer of Personal Information to the U.S., and waive any claims that may arise under their own jurisdiction.
Last Updated: April 5, 2015
Frequently Asked Questions
As always, you should keep your web browser up to date.
We are working on a way to allow users to safely and securely download the videos to their home computer or mobile device.
If you are using a public computer, such as a library computer, you will want to talk to a librarian or other employee to find out if cookies can be enabled.
Do not use this option on public computers! It will allow anyone using the computer after you to use your account, see your private information, and steal your purchased videos!
Additionally, to protect against hackers or other unauthorized personnel, we have firewalls and other security measures protecting our server. Any credit card information or personal information you transfer to us is kept in a secure database server at all times.
LawTake makes no guarantees about the information contained in non-Premium videos.
We recommend having an internet connection that can dedicate 3.2 MB/s download to the LawTake website.
If you are using a 3G network or other slower connection, you can also allow the video to “buffer” by pausing the video for around 5-10 minutes.
1. The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)].
2. The URL of the infringing work [512(c)(3)(A)(ii-iii)].
3. A brief description of the infringing work including title, content, and any other descriptors that will allow LawTake to easily identify the work [512(c)(3)(A)(iv)].
4. If you are the owner, a statement that you have a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
5. If you are an agent for the owner, a statement of the accuracy of the notice and, under penalty of perjury, that the you are authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].
It is LawTake’s policy to respond to all DMCA complaints in the following way:
1. Immediate, temporary removal of the infringing work. During this time, no one except LawTake staff and employees will have access to the work.
2. Comprehensive investigation as to the merits of the DMCA violation.
3. Notification, in writing, using the physical address supplied in the original DMCA complaint, to the complaining party of the results of the investigation.
4. If the investigation finds that the work infringes on the complaining party’s copyright, LawTake will permanently remove the work from LawTake’s servers.
5. If the investigation finds that the work is non-infringing, the complaining party may respond to LawTake’s investigation within fourteen (14) days. The complaining party may also request additional time to consult with independent counsel. LawTake will grant any reasonable request for additional time.
6. If the complaining party fails to respond within the fourteen (14) day allotted period or if LawTake again finds that no infringement has occurred, LawTake will make the work publically available.
Normally, LawTake will make every effort to ensure that these updates are done during off-peak hours and are wrapped up as quickly as possible.
Apple Support - http://www.apple.com/support/
The Apple support homepage is the main portal to help you answer all of your questions about your new Apple hardware and software products, featuring user forums, troubleshooting pages, and tutorials.
Apple Discussions - http://discussions.apple.com/index.jspa
Apple’s discussion forums are filled with thousands of Macintosh, iPod and iPhone users from around the world. Search for an answer, post your question, or answer other users’ questions in the Apple Discussions community.
Apple Stores - http://www.apple.com/retail/storelist/
Often many problems can be fixed in person at one of Apple’s many retail stores. Locate a store near you using the link above and schedule an appointment for One to One, Workshops, Youth Programs, or the Genius Bar.
LawTake will never reveal your personally identifiable information to any third-parties. LawTake does rely on certain metric software, such as Google Analytics, to document certain information about our users. For instance, in order to ensure our website works with the browser our users decide to use, we first need to know what browser the majority of our users are using. Likewise, when deciding where to locate our servers, it is important to know where the majority of our users come from.
Technical difficulties, questions, comments or feedback?
Please contact LawTake using the form below:
LawTake and Atak
941 E 2nd St #201
Los Angeles, California 90012
Free Legal Resources
FREE GOVERNMENTAL RESOURCES
Pro se: representing yourself without an attorney
- Central District of California
- Northern District of California
- Northern District of Florida
- Southern District of Florida
- Simple pro se brochure (2 pages)
- Northern District of Illinois
- Southern District of Illinois
- Includes pro se guide (20 pages)
- Eastern District of New York
- Instructional Videos for attorneys, but these are geared to case management/electronic case filing
- Has thorough pro se section
- Northern District of New York
- Southern District of New York
- No videos
- Includes pro se section with manual (166 pages) and forms and instructions on completing the forms
- Western District of New York
- Eastern District of Texas
- Includes pro se section with forms and applications
- Northern District of Texas
- Pro se section limited to forms
- Western District of Texas
The Federal Judiciary: http://www.youtube.com/uscourts.
- This channel has 71 videos, including videos about careers with the Federal Judiciary (16 videos);
- pathways to the bench, which provide the background of judges (7 videos);
- shorts (3 videos) which provide basic information about the judiciary (which seem to be geared to high school students): jury trials, the judiciary’s impartiality, and naturalization ceremonies.
- More importantly, this included 9 videos providing an overview of the bankruptcy process. These 9 videos are also available in Spanish; the videos are identical to the English ones, except for a Spanish speaker talking over the film.
ADDITIONAL FREE LEGAL RESOURCES
Email us at lawtake.com with the subject, Free Legal Resources, to add more resources here. Thank you!
My Lawyer Plans
Below are the various advertising and promotional plans offered by LawTake to attorneys. If you have any questions, do not hesitate to contact us at email@example.com.
My LawTaker Plans
Below are the plans offered by LawTake to LawTakers. If you have any questions, do not hesitate to contact us at firstname.lastname@example.org.