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Terms of Service for the My Legal Assistant Service
This agreement (the
"Agreement") is entered into by and between you ("you") and MyLawyer.com, Inc, the
operator of this web site, ("MyLawyer.com") regarding your use of the My Legal Assistant Service (the "Service"). By
submitting a question to the Service, you are entering into this
Agreement with MyLawyer.com and indicating that you agree to be bound by these terms
and conditions. If you do not agree with these terms and conditions as stated,
please do not use the Services.
- Priority. This Agreement, in combination with MyLawyer.com's general
Terms of Service (available at
http://www.mddivorceonline.com/terms.asp
and MyLawyer.com's general Privacy Policy (available at
http://www.mddivorceonline.com/privacy.asp),
sets forth the terms and conditions under which MyLawyer.com makes the Service
available to you. In the event of an inconsistency between this Agreement and
either MyLawyer.com's general Terms of Use or Privacy Policy, this Agreement shall
control.
- Proper Use. You agree that you will use the Service in compliance
with all applicable local, state, national, and international laws, rules and
regulations. Furthermore, you agree that you will not submit questions that are unlawful, defamatory, harassing, abusive, fraudulent,
obscene, contain viruses, intended to advertise or sell goods or services, or
are otherwise objectionable. You further agree not to submit questions or
comments designed to elicit responses that relate to illegal activity or that
infringe upon another party's intellectual property rights. You may not sell,
use, reproduce, modify, edit, translate, publish, perform, display, post,
transmit and distribute questions, comments or answers for any public or
commercial purpose without the written permission of MyLawyer.com. MyLawyer.com
takes no responsibility for third party content, nor does MyLawyer.com have any obligation to monitor such third party content. Nonetheless,
MyLawyer.com reserves the right not to respond to or Use questions that
violate the foregoing conditions and to delete or edit questions or comments,
in whole or in part, from the Service at any time for any reason. Further MyLawyer.com
reserves the right to refuse service to anyone at any time without
notice for any reason and to remove objectionable or personally identifiable
information from any comments or research questions in its Use of such
questions and/or comments. MyLawyer.com will not be responsible or liable for the
exercise or non-exercise of its rights under this Agreement.
- Not Professional Advice. Information provided via the Services is
not intended to substitute for informed professional legal or other professional
advice. If you submit a question on such a topic, we will assume
you are interested in receiving general information
rather than professional advice. You should bear in mind that the
applicability of such general information might vary substantially according to the individual factual circumstances
surrounding a particular question or comment. Accordingly, if you desire or
require professional advice, please consult a qualified attorney.
- Confidentiality; Use of Information. The questions you
submit and the responses you receive do not form the basis for a
professional-client relationship, including but not limited to
attorney-client and are not subject
to standards or requirements of confidentiality and/or privilege associated
therewith. Furthermore, MyLawyer.com shall have the perpetual, irrevocable,
non-exclusive right to use, reproduce, modify, edit, translate, publish,
perform, display, post, transmit and distribute ("Use") your questions,
and/or the corresponding answers without compensation to you,
anonymously or in the aggregate, for internal or external purposes, alone or
as part of other works in any form, media, or technology, whether now known or
hereafter developed and to sublicense such rights. MyLawyer.com will not, however,
publicly disclose your questions or comments in a manner that directly
associates them with you (except where you include personally identifiable
information in a question or comment and such question or comment is Used by MyLawyer.com
as provided).
- Refund Policy. Your Annual Subscription fee is non-refundable,
except that you may request a Refund within 30 days of purchase if you have
not downloaded or used any of the documents or forms provided by the Service,
or the My Legal Assistant service.
- No Warranty. The information provided by MyLawyer.com
pursuant to this
Service is derived from the MyLawyer.com legal data bank or other public reference
sources (the "Information") and is provided by MyLawyer.com or independent
contractors ("Researchers") to assist in your research. The Information has
not been verified, however, and neither MyLawyer.com nor Researchers represent that
it is accurate, correct, complete, reliable, or otherwise valid. MyLawyer.com does
not endorse or recommend, and expressly disclaims liability for any product,
manufacturer, distributor, service or service provider mentioned in any
question, comment or answer. Further MyLawyer.com does not endorse or support any
opinion expressed in a question, comment, or answer. THE INFORMATION AND
SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE
SERVICE AT YOUR OWN RISK. THE CONTENT OF THE QUESTIONS AND COMMENTS, IS
PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING SUCH ITEMS. MyLawyer.com
AND RESEARCHERS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING
THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion
of warranty, so the above exclusions may not apply to you.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL
MyLawyer.com OR
RESEARCHERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE
SERVICE WHETHER OR NOT MyLawyer.com OR RESEARCHERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL MyLawyer.com OR
RESEARCHERS BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR
INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND
EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO MyLawyer.com
FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE
EXTENT THAT ANY QUESTION, COMMENT, OR ANSWER REFERS TO ANY PRODUCT,
MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, MyLawyer.com EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY
SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation and exclusions may not apply to
you.
- Hold Harmless and Indemnity. You agree to hold harmless and
indemnify MyLawyer.com, and its Researchers, employees, agents and representatives,
from and against any third party claim arising from or in any way related to
your use of the Service, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature. In such a
case, MyLawyer.com or the affected Researcher(s) will provide you with written
notice of such claim, suit or action.
- Release and Waiver. To the maximum extent permitted by applicable
law, you hereby release, and waive all claims against MyLawyer.com and its employees
and agents from any and all liability for claims, damages (actual and
consequential), costs and expenses (including litigation costs and attorneys'
fees) of every kind and nature, arising out of or in any way connected with
use of the Service. If you are a California resident, you waive your rights,
whether known or unknown, under California Civil Code § 1542, which states, "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
Residents of other states and nations similarly waive their rights under
applicable and/or analogous laws, statutes, or regulations.
- No Assignment. You shall not assign this Agreement or assign any
rights or delegate any obligations hereunder, in whole or in part, whether
voluntarily or by operation of law, without MyLawyer.com's prior written consent.
Any such purported assignment or delegation by you without MyLawyer.com's prior
written consent will be null and void and of no force or effect, unless
otherwise expressly consented to by MyLawyer.com at its sole and absolute
discretion.
- Relationship of the Parties. Notwithstanding any provision hereof,
for all purposes of this Agreement each party shall be and act as an
independent contractor and not as partner, joint venturer, agent, employee or
employer of the other and shall not bind nor attempt to bind the other to any
contract.
- Arbitration. Any controversy or claim arising out of or relating to
this Agreement shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The decision of the arbitrator shall be final and unappealable. The
arbitration shall be conducted in Baltimore, Maryland and judgment on
the arbitration award may be entered into any court having jurisdiction
thereof. Notwithstanding anything to the contrary, MyLawyer.com may at any time seek
injunctions or other forms of equitable relief from any court of competent
jurisdiction.
- Miscellaneous. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be deemed superseded by a valid
enforceable provision that most closely matches the intent of the original
provision and the remaining provisions shall be enforced. MyLawyer.com's failure to
act with respect to a breach by you or others does not waive MyLawyer.com's right to
act with respect to subsequent or similar breaches. The failure of MyLawyer.com
to
exercise or enforce any right or provision of these terms and conditions shall
not constitute a waiver of such right or provision. The section headings and
subheadings contained in this Agreement are included for convenience only, and
shall not limit or otherwise affect the terms of this Agreement. This
Agreement shall be interpreted in accordance with the laws of the State of
Maryland as if made in Maryland by two residents of that state. This
Agreement constitutes the entire agreement between MyLawyer.com and you with respect
to the subject matter hereof.
Please note: When you get divorced you should have a new will, living will, and power of attorney.
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