I. Introduction
To avail yourself of our client-attorney matching services, you will be leaving the website, www.CheckedOutDivorceLawyers.com, and will be directed to an affiliate website, www.CheckedOutLawyers.com. This agreement between CheckedOutLawyers.com ("COL") providing the client-attorney matching service ("Service") and you as the "User" of the Service sets forth the terms of our relationship. You will not have full access to the Service and the COL website to post your case until this agreement is in place between you and COL.
II. Relationship: COL is a Facilitator
COL is an internet-based platform that facilitates communication between attorneys and potential clients or individuals in need of legal assistance. It serves as a medium by which individuals looking to purchase legal assistance can exchange information with potential attorneys with the goal of eventually forming a professional relationship. COL does not guarantee that Users will successfully find legal representation through this Service. COL takes no position and offers no opinion on when or if an attorney-client relationship has been formed.
COL does not involve itself in the agreements between attorneys and clients or the actual representation of clients. COL cannot ensure the completion of an agreement between a client and an attorney nor the integrity of either party. The User, not COL, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates on the Service.
A. No Attorney-Client Relationship
COL is not an attorney or a law firm. Any use of the Service by a User is not intended to and will not create an attorney-client relationship between any person or entity and COL. Any communication, including electronic mail, sent to COL will not create an attorney-client relationship between the User and COL, such being expressly denied.
B. No Endorsements of Users
CheckedOutLawyers.com may disclose account information when we believe, in good faith, that such disclosure is necessary to comply with the law, protect the rights, property, or safety of CheckedOutLawyers.com, our users, or others, or to enforce or apply the terms of our user agreements.
C. No Legal Advice
COL is not a law firm and does not offer legal advice, recommendations, mediation, or counseling. COL encourages Users to accept advice from an attorney the User has retained.
D. Disclaimer of Representations by Attorneys
COL makes no representation, guarantee, or warranty (express or implied) as to the legal competence, ability, or quality of representation which may be provided by any of the attorneys or law firms which may submit offers and/or are listed through this website or any affiliate hereof.
III. User Rules
COL reserves the right to deny further access to its Service to any User who violates these rules, is the subject of complaints by other Users, for any other reason, or for no reason at all. Users may not engage in any of the following activities on COL's website:
- 1) Do or write anything that is harmful or injurious to others
- 2) Defame any person or group
- 3) Provide or promote instructions about illegal activities or physical harm
- 4) Use the Service to display harassing, abusive, threatening, harmful, vulgar, or obscene material, or to invade other's privacy
- 5) Display grossly offensive material, including blatant expressions of bigotry, prejudice, racism, or profanity
- 6) Display pornographic material
- 7) Display material that exploits children under the age of 18
- 8) Violate the rights of another, including intellectual property rights
- 9) Compromise the security of the Service COL provides by trying to gain access to system areas private to COL or to other Users.
- 10) Encourage illegal activity, including illegal drugs, gambling, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, or other crimes
IV. Information Obtained on Service
Please use common sense and caution when using this website. At registration, COL verifies that the attorney is licensed and in good standing in at least one state and does not have any public disciplinary actions against him or her, but COL does not continuously review and update the standing of the member attorneys. COL is unable to monitor the standing of every attorney on its website on an ongoing basis. We do, however, attempt to make available to you links to allow you to do so. Accordingly, COL makes no representation regarding the status, standing, or ability of any attorney or law firm that makes offers through the website. Therefore, when considering employing any attorney or law firm, Users should confirm the attorney's standing with the state bar. Users are encouraged to make their own independent investigation of any attorney or law firm being considered for hire. It is the User's responsibility to question the attorneys regarding any statements they make regarding their qualifications and certifications, to ask for the names of the certifying agencies and to verify all information. COL encourages attorneys to comply with all regulations governing attorney conduct, but COL cannot monitor the attorneys' compliance. Thus, COL is not responsible for, and in no way endorses, the content or legality of any responses, statements, or promises made by attorneys or any other parties on or off this website.
V. Confidentiality
COL makes every effort to maintain the confidentiality of all information provided by Users to our website. Due to circumstances beyond COL's control and/or the conduct of others, COL cannot guarantee that this information will remain confidential. Please be careful when providing information on our Service. Do not make any confessions or admissions. Do not describe highly personal, sensitive or incriminating information. COL is not responsible for the release or improper use of such information by other Users or attorneys or any release due to error or failure in the website.
VI. Loss of Data
COL is not responsible for any loss of data that results from accidental or intentional deletion, network outages, file corruption, or any other reasons.
VII. Other Rights
COL reserves the right to release User information pursuant to the Privacy Policy. COL further reserves the right to deny or to terminate service to violators of COL's rules and this Agreement and for any reason or no reason.
VIII. Modifications to Terms of Service and to Service
COL may change the Agreement at any time. User will be notified promptly and continued use of the Service will be contingent on acceptance of the new terms and conditions of the Agreement.
COL may change or discontinue, temporarily or permanently, the Service at any time without liability, and without notice, to the User or any third party.
IX. Indemnification
User agrees that COL is not responsible for any harm that this Service may cause. User agrees to indemnify, defend, and hold COL harmless from and against any an all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties, and covenants. User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. User agrees that this defense and indemnity shall apply to COL, its affiliates, directors, officers, and employees. COL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of COL.
X. Proprietary Rights
COL owns certain things on the website and system. The User agrees not to copy, electronically or in print, anything from the website without COL's permission. The User acknowledges and agrees that the content, including but not limited to text, software, sound, graphics, page layout and design, and other material presented on the Service is protected by copyrights, trademarks, patents, and other proprietary laws.
XI. Disclaimer of Warranties and Limitation of Liability
COL denies any warranties on this website and Service and claims that COL's liability for any problems connected with the use of the Service is strictly limited.
A. Disclaimer of Warranties
The User expressly agrees that use of the service is at the User's sole risk. COL expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. COL makes no warranty that the Service will meet the User's requirements, that the Service will be uninterrupted, timely, secure, or error-free. COL makes no warranty regarding the results that may be obtained from the use of the Service or regarding the regarding the accuracy or reliability of information obtained through the Service or that defects in the software will be corrected. COL makes no warranty regarding any goods or services purchased or information obtained through the Service or any transactions entered into through the Service.
B. Limitation of Liability
The User expressly agrees that COL shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the Service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles even if COL has been advised of the possibility of such damages. The User further agrees that COL shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special, consequential, or exemplary damages, whether such interruption, suspension, termination was justified or unjustified, negligent or intentional, inadvertent or advertent.
XII. General
This Agreement incorporates by the reference COL's Privacy Policy and together constitute the entire agreement between COL and the User.
The terms of this Agreement are governed by the laws of the State of New York.
If, for any reason, any provision of this agreement is held invalid, all other provisions of this agreement shall remain in effect.
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