Date of Last Revision: October 16, 2014
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING PERSONALINJURY.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Terms and Conditions") apply exclusively to your access to, and use of, PERSONALINJURY.COM ("Website") and the information and other services provided herein (the "Services"). These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with PersonalInjury.com, LLC (“Company”), or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms and Conditions on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Terms and Conditions.
The Company reserves the right to change or modify any of the terms and conditions contained in these Terms and Conditions or any policy or guideline of the Website, at any time and in its sole discretion. Company will provide notice of these changes by posting the revised terms on this page and indicating on the Terms and Conditions the date it was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of this Website following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Website.
If you have any question regarding the use of the Website, please email us at [email protected].
Consent to Receive Emails. When you visit the Website and when you send us an email, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright and Limited License. Unless otherwise indicated, this Website and all content and other materials contained herein is protected by U.S. and international copyright laws. By using this Website you agree that you shall not reproduce, duplicate, copy, download, sell, resell or otherwise exploit this Website, or any content contained herein, for commercial purposes without the Company's prior written consent;
Disclaimer of Warranties and Limitation of Liability. WE PROVIDE THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION OR SERVICES INCLUDED ON THIS WEBSITE, OR THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
Registration and Account Information. If you are an attorney practicing personal injury law (or an area of law covered by the Website), you are invited to register as a user and verifying your account or creating a new account if you are not listed in our attorney database. By registering and creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In case of misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate. If you believe there has been unauthorized use, please notify us.
Submission of Information. The Website includes areas in which users may post content and information ("User Content"). You are solely responsible for your use of such areas and use them at your own risk. By using the Website, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, including without limitation any personal profile information, recommendation, endorsement, rating or review of an attorney [or law firm] with whom [which] you have not had direct, personal experience in a professional legal context or as a client of such attorney;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct or that would otherwise create liability or violate any local, state, national or international law or regulation;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for legal services, legal service providers or lawyer referral services;
- Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose the Company or its users to any harm or liability.
THE COMPANY RESERVES THE RIGHT TO REMOVE ANY CONTENT POSTED OR STORED ON THE WEBSITE AT ANY TIME FOR ANY REASON AND WITHOUT NOTICE.
Enhanced Profiles, Sponsored Listings, Display Ads and other Paid Services. The Company offers attorneys and law firms the option to purchase certain products and services including without limitation Enhanced Profiles, Law Firm Profiles, Sponsored Listings, and Display Ads, and certain other products and services (collectively “Paid Services”).
- By selecting a Paid Service you agree to pay the Company the fees indicated for that service until you have cancelled that service in accordance with these Terms and Conditions.
- You acknowledge that the amount of the recurring charge may increase if the fee for the applicable Paid Service increases. We will provide you notice at least 45 days prior to the date of any increased fee so that you may decide whether or not to continue to pay for the Paid Service at the increased recurring charge.
- All Paid Services may only be purchased online through the Website’s payment processing system. All Paid Services must be paid for with a valid credit card.
- All Paid Services are only available on a recurring month to month basis and will continue indefinitely from the date of purchase until you cancel the service.
- You may cancel any service notifying us of your cancellation through your user profile when you are logged in. Alternatively, you may notify us of any cancellation by email to [email protected] provided that the subject line on the email must read: “CANCELLATION”.
- Paid Services must be cancelled 15 days prior to the end of the current monthly term in order to avoid being charged the next month's Paid Service fee.The Company must receive notice of your at least 15 days prior to the end of the current monthly term. If your cancellation is received less than 15 days prior to the end of your current monthly term, the service will continue through the following monthly term and the cancellation will go into effect at the end of the following monthly term.
- If your payment method fails or your account is past due, the Company reserves the right to either suspend or terminate your Paid Services.
- You agree to submit any disputes regarding any charge to your account by email to [email protected] within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
License of User Content to PersonalInjury.com. By uploading or submitting User Content to the Website for use, you grant the Company a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, 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. If you post User Content to the Website, unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the website and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
No Legal Advice or Practice of Law. You agree that the information and services on this Website are not legal advice and shall not be used as such. You use the content, information and services on this website at your own risk. You acknowledge that under no circumstances is the Company, its agents, affiliates, employees, contractors or customers, providing legal advice or representation through this Website, and that nothing on this website is intended as a substitute for legal advice from an attorney. UNDER NO CIRCUMSTANCE SHALL PERSONALINJURY.COM, LLC HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE. SUCH RELIANCE SHALL BE SOLELY AT YOUR OWN RISK.
No Endorsement of Lawyers. Neither PersonalInjury.com nor the Company is an attorney referral service. The attorney listings in the lawyer directory are paid advertisements. The Company does not select, approve, or otherwise endorse any particular attorney, law firm, or provider of legal services; nor does The Company make any representation about the quality of legal services or the qualifications of any attorney, law firm or legal provider. Any and all such recommendations and ratings are from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and are difficult or impossible to verify. Therefore, the Company expressly disclaims any representation or warranty that such recommendations or other User Content are correct or reliable. UNDER NO CIRCUMSTANCE SHALL PERSONALINJURY.COM, LLC HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE. SUCH RELIANCE SHALL BE SOLELY AT YOUR OWN RISK.
Third-Party Content. Third party content and User Content may appear on this website or may be accessible through links from this Website. The Company is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from this Website. You acknowledge that the information and opinions in the third party content or User Content are neither endorsed or controlled by, nor reflect the beliefs of, the Company.
No Attorney-Client Relationship & Confidentiality. You acknowledge that no attorney-client relationship is, or will be, formed through the use of this Website, and that you have no expectation of privacy or confidentiality of communications occurring through this Website. The hiring of an attorney is a critical decision and should not be predicated solely on comments, recommendations, advertisements, User Content or other posted materials contained this Website or any other website.
Attorney Professional Conduct. If you are an attorney participating in any aspect of this Website, you acknowledge that the Rules or Codes of Professional Conduct (collectively, "Rules") of the jurisdictions in which you are licensed apply to all aspects of your participation and that you will abide by such Rules. The Company disclaims all responsibility for your compliance with these Rules. You warrant that User Content will be used to provide general information only, and not for the provision of legal advice or the practice of law.
Termination. You acknowledge and agree that the Company, in its sole discretion, may terminate your Website access if your conduct is found to be unlawful, inconsistent with or in violation of, the letter or spirit of these Terms and Conditions. The Company shall not be liable to you or any third party for termination of Website access. Should you object to any terms and conditions of these Terms and Conditions, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Website.
Indemnification. You agree to indemnify, defend and hold PERSONALINJURY.COM, LLC and its officers, directors, employees, affiliates, agents, licensors and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms and Conditions by you.
Governing Law and Jurisdiction. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Colorado, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Colorado. You agree to waive all defenses or objections to such jurisdiction and venue.
Severability of Provisions. If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Contact Information. If you have any questions about these Terms and Conditions, or about the content, information or services on this website, you may contact us at [email protected].