Updated: October 8, 2017
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
This website (the “Website”) is a service made available by Everest Legal Marketing, its partners, affiliates or subsidiaries (“Provider”) and all content, information and software ordered or provided on or through the Website (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).
Website Limited License. As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.
Limitations on Use. The Content on this Website is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content without Provider’s prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted above. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. You may not use the Website or the Content in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties or violate any state or federal law. Any unauthorized use of the Website or its Content is prohibited.
License of Your Content. By uploading content to or submitting any materials for use on the Website, including, without limitation, interactive areas (e.g., blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer), you grant Provider a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You certify and warrant that your content and submitted materials: (i) are your original works or that the owner of such works has expressly granted to Provider a similar license for said works with all of the rights granted by you in this paragraph and (ii) do not violate and will not violate the rights of any third party, including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right. If you have submitted a photo, you agree that this photo may be included in the Website or, if you have not submitted a photo, then Provider may, but is not obligated to, display a stock photo or legal image. You hereby consent to the use of such stock photos or images. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary or other right in uploaded content or submitted materials. You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation on the Website.
Restrictions Regarding Your Content. You shall not post, publish, upload or distribute any content or materials which are unlawful or abusive in any way, including, but not limited to, any materials that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Uploaded content and materials shall not contain protected health information. You are strictly prohibited from submitting materials that are considered protected health information under the Health Accountability and Portability Protection Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). Provider has no obligation to monitor or screen your content and is not responsible therefor; however, Provider reserves the right, in its sole discretion, to monitor, screen, edit and remove such content or cause such content not to be posted, published, uploaded or distributed, at any time and for any reason or no reason.
Third Party Communications. Provider disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website.
Not Legal Advice. Content contained on or made available through the Website is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on the Website or materials linked from the Website is at your own risk. Neither Provider nor the Website is a lawyer referral service and the Content on this Website and other resources and information, is for personal use only. All users are encouraged to make their own independent investigation and evaluation of any information posted on the Website. Any agreements regarding legal services or fees must be done outside the scope of the Website and are strictly between the user and the third party and do not involve Provider in any way. Provider is not a law firm. Provider does not receive any portion of any attorney’s or law firm’s fees. Provider is not involved in or responsible for any transactions that might occur, and Provider does not guarantee that such transactions will occur. You are solely responsible for compliance with all laws, rules and regulations.
Attorney Ethics Notice; Rules. If you are an attorney participating in any aspect of this Website, including but not limited to interactive areas, a) you agree not to provide specific legal advice in any of your content and to draft content which is appropriate, educational, and in accordance with attorney ethics requirements, b) you represent and warrant that you are an attorney in good standing with a license to practice law in at least one of the 50 United States of America or the District of Columbia, c) you agree to promptly notify Provider of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license, d) you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of attorney-client relationships, failure to maintain client confidences, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate on this Web Site, that you will not offer legal advice, but will only provide general information. Provider highly recommends that you include a disclaimer regarding the aforementioned advertising and ethics issues. Provider will have no liability to you arising out of or related to your compliance or noncompliance with such laws and rules, or related to Provider’s inclusion or failure to include a disclaimer.
Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under any law, rule or regulation, including, without limitation, copyright or other intellectual property rights. You agree that the Content and Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Digital Millennium Copyright Act; Notification of Alleged Copyright Infringement. Provider reserves the right to remove any Content or links that allegedly infringe another person’s copyright. Provider will terminate, in appropriate circumstances, subscribers and account holders of Provider’s system or network who are repeat infringers of another person’s copyright. Notices to Provider regarding any alleged copyright infringement should be directed to Everest Legal Marketing.
No Solicitation. You shall not distribute to any persons or entities identified via the Website any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. Attorneys and law firms are prohibited from soliciting employment from prospective clients through the Website or any of its interactive features. In no event may any person or entity solicit any users with data retrieved from this Website.
Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
Registration. Certain sections of this Website require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Provider does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by contacting Everest Legal Marketing.
Errors and Corrections. Provider does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.
Third Party Content. Third party content (including, your or other users’ content) may appear on this Website or may be accessible via links from this Website. Provider is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider. Further, information and opinions provided by employees and agents of Provider are not necessarily endorsed by Provider and do not necessarily represent the beliefs and opinions of Provider.
DISCLAIMER. THE WEBSITE, INCLUDING ALL FEATURES AND CONTENT, IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.
LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING ALL FEATURES AND CONTENT. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
Waiver and Release. You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, partners and affiliates, and its and their respective directors, officers, employees and agents, licensors, suppliers and representatives and any third party information providers, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Website, any disclosure of information resulting from your use of the Website, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Website or otherwise.
Indemnification. You agree to indemnify, defend and hold Provider, its parents, subsidiaries, partners and affiliates and its and their respective officers, directors, employees, agents, licensors, suppliers and representatives and any third party information providers to this Web Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, relating to or arising out of (i) your use of the Website and (ii) any violation of these Terms of Use by you or arising from or related to any content or materials uploaded or submitted by you.
Third Party Rights. The provisions of paragraphs (Disclaimer), (Limitation of Liability), (Waiver and Release) and (Indemnification) are for the benefit of Provider, its parents, subsidiaries, partners and affiliates and its and their respective officers, directors, employees, agents, licensors, suppliers and representatives and any third party information providers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Provider’s Websites and their features.
Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You hereby consent and submit to the sole and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California and the Central District Court of California, respectively, to resolve any action arising out of or relating to the Terms of Use. The aforementioned choice of venue is intended to be mandatory and, not permissive, in nature.
Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy constitute the entire agreement with respect to access to and use of the Website. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes constitutes your consent to such changes.