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| I. Introduction THE EVERYTHINK CORPORATION starts every new User relationship with an agreement. The agreement spells out what you can expect from us, and what we expect from you. We do not know User(s) personally, so it is important to set out the ground rules clearly in advance. Your use of this Web Site constitutes your agreement to be bound by these terms and conditions of use. If you have any questions about any part of the Agreement, please contact us about it! We will be glad to explain why these Agreement provisions are important for our system. We would like to work with you on making changes if you can show us a better approach. II. Relationship Between THE EVERYTHINK CORPORATION and User; Providing Only a Venue. THE EVERYTHINK CORPORATION is an internet forum that facilitates communication between legal professionals and potential users of legal services. THE EVERYTHINK CORPORATION acts as a venue for providers and purchasers of legal services to exchange information with the goal of eventually forming a professional relationship. THE EVERYTHINK CORPORATION does not guarantee that Users will successfully find an attorney through this system. THE EVERYTHINK CORPORATION takes no position and offers no opinion on when or if an attorney/client relationship has been formed. In order to provide an optimal forum for attorneys and clients, THE EVERYTHINK CORPORATION does not involve itself in the agreements between attorneys and clients or the actual representation of clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The User, and not THE EVERYTHINK CORPORATION, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates on the Service. • Disclaimer of attorney/client relationship. Any form of use of the service by a subscribing attorney or potential client is not intended to and will not create an attorney/client relationship between any person or entity and THE EVERYTHINK CORPORATION. Any electronic communication sent to THE EVERYTHINK CORPORATION will not create an attorney/client relationship between the User and THE EVERYTHINK CORPORATION, such being expressly denied. • THE EVERYTHINK CORPORATION does not screen or vouch for any of its Users. Providing a service where potential clients and attorneys can meet does not imply an endorsement of any subscribing attorney. THE EVERYTHINK CORPORATION makes no representation concerning an attorney's qualifications (except that the attorney was licensed to practice law in a least one state at the time of registration), nor does it sanction statements an attorney may post on the system. THE EVERYTHINK CORPORATION does not screen potential cases, or otherwise channel potential clients to selected attorneys. • THE EVERYTHINK CORPORATION does not provide legal advice. THE EVERYTHINK CORPORATION is not a law firm. THE EVERYTHINK CORPORATION offers no legal advice, recommendations, mediation, or counseling under any circumstance. THE EVERYTHINK CORPORATION encourages the User not to accept, as legal advice any information received from any source found on this service, unless it is from an attorney the User has retained. • Disclaimer of representations by Users. THE EVERYTHINK CORPORATION makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the attorneys or law firms which may submit bids and/or are listed through this web site or any affiliate thereof. III. User Guidelines In order to keep this system attractive and useful for all Users, it is important that Users follow the rules of the system. Some of these rules are described in this Contract, and the rest in bulletins posted at various points in the system. THE EVERYTHINK CORPORATION reserves the right to deny further access to its Service to any User who violates these rules, is the subject of complaints by other EVERYTHINK CORPORATION Users, for any other reason, or for no reason at all. Users may not engage in any of the following activities on our system:
IV. Ratings. As part of our service to all Users, THE EVERYTHINK CORPORATION may provide a forum for clients to comment on their experiences with the attorneys reached by using the Service. If a forum is provided, comments posted on the comment board will be available for review by all THE EVERYTHINK CORPORATION Users and attorneys. While we encourage open and unrestricted use of the forum, we do not tolerate offensive conduct. When using the discussion forum to comment on your experiences, please keep the comments accurate, constructive and civil. Bear in mind that use of disparaging and defamatory comments does not serve the purpose of the forum and may result in legal liability to the User. THE EVERYTHINK CORPORATION reserves the right to terminate this Agreement and restrict future access to the Service to Users who post comments that are defamatory, hostile, vulgar, or otherwise distasteful. V. Disclaimer of Information Obtained on the Service. THE EVERYTHINK CORPORATION provides attorneys and potential clients with a forum that functions as an open market. THE EVERYTHINK CORPORATION is not responsible for the content of materials posted on its web sites. The opinions and views expressed are those of the individual Users of the Service and do not reflect those of THE EVERYTHINK CORPORATION. Data submitted by other Users (both attorneys and lay persons) is not verified or reviewed in any way before it appears on the THE EVERYTHINK CORPORATION web site. THE EVERYTHINK CORPORATION does not warrant the validity or accuracy of any such information. Please use caution and common sense when using this site. THE EVERYTHINK CORPORATION does not continuously review the standing of any attorney subscriber with any regulatory authority. When considering employing any attorney or law firm, Users should check the attorney's or law firm's standing with the applicable regulatory body. THE EVERYTHINK CORPORATION makes every effort to verify that attorneys who subscribe to the Service are licensed and in good standing in at least one (1) state within the United States at the time of registration. However, THE EVERYTHINK CORPORATION is unable to track, verify, or monitor the standing of each attorney using the Service. Therefore, THE EVERYTHINK CORPORATION makes no representation regarding the status, standing or ability of any attorney or law firm that submits bids or is listed through this web site. Users are urged to make their own independent investigation and evaluation of any attorney or law firm being considered. The determination of the need for legal services and the choice of an attorney are extremely important decisions and should not be based solely on advertisements, claims of expertise, or on the cost of rendering the requested legal services. THE EVERYTHINK CORPORATION is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by an attorney or law firm. Please be aware that no agency or board may have certified such attorney as a specialist or expert in any indicated field of law practice. In addition, an attorney claiming specialization is not necessarily any more expert or competent than other attorneys. It is up to the User to question the attorneys on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information. Users are encouraged to use caution when reviewing any information submitted by attorneys and other parties. Although THE EVERYTHINK CORPORATION strongly encourages attorneys to comply with all regulations governing attorney conduct, it is impossible for THE EVERYTHINK CORPORATION to monitor attorneys' integrity or compliance with applicable rules of conduct. THE EVERYTHINK CORPORATION in no way endorses the content or legality of any offers, statements, or promises made by attorneys or any other parties, on or off this site. VI. Confidentiality. THE EVERYTHINK CORPORATION makes every effort to maintain the confidentiality of any information submitted by Users to our system and our database of attorneys. However, because THE EVERYTHINK CORPORATION cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the system. Do not make any confessions or admissions. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. THE EVERYTHINK CORPORATION is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the system. User agrees that attorneys contacted by User through the system may report to THE EVERYTHINK CORPORATION on whether their services were engaged by the User and the total attorney's fees paid. VII. Indemnification This User agrees that THE EVERYTHINK CORPORATION is not responsible for any harm that this Service may cause. The User agrees to indemnify, defend, and hold THE EVERYTHINK CORPORATION harmless from and against any and 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. The User agrees that the defense and indemnity shall also apply to any breach by the user of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney's fees and costs. The User also agrees that this defense and indemnity shall apply to THE EVERYTHINK CORPORATION affiliates, directors, officers and employees. THE EVERYTHINK CORPORATION 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 THE EVERYTHINK CORPORATION. VIII. Communications and Other Data. THE EVERYTHINK CORPORATION is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons. IX. THE EVERYTHINK CORPORATION Other Rights. THE EVERYTHINK CORPORATION also reserves the following rights:
X. Modifications to Terms of Service. THE EVERYTHINK CORPORATION may change the Agreement at any time. The User will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the Service will indicate acceptance of the new terms and conditions. XI. Modifications to Service. THE EVERYTHINK CORPORATION reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User agrees that THE EVERYTHINK CORPORATION shall not be liable to the User or any third party for any modification or discontinuance of the Service. The User acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that THE EVERYTHINK CORPORATION may immediately delete data and files in the User's account and bar any further access to such files or the Service. XII. EVERYTHINK CORPORATION'S Proprietary Rights. THE EVERYTHINK CORPORATION owns certain things on this system, including the 'look and feel' of the system, the name of the system, and the collective work copyright in sequences of public messages on the system. Users cannot reproduce any message thread from the system, either electronically or in print, without THE EVERYTHINK CORPORATION'S permission and the permission of all participants in the thread. This is not a complete list - other things on the system are also THE EVERYTHINK CORPORATION'S property. Contact THE EVERYTHINK CORPORATION before copying anything from the system with plans of reproducing it or distributing it. XIII. Disclaimer of Warranties and Limitation of Liability. A great danger for THE EVERYTHINK CORPORATION, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our Users. If one User libels another User, the injured User might blame us, even though the first User was really at fault. If a User uploads a program with a computer virus, and the other User's computers are damaged, we might be blamed even through a User left the virus on our system. If a User transmits illegal or improper information to another User, we might be blamed even through we did nothing more than unknowingly carry the message from one User to another. Accordingly, we need all Users to accept responsibility for their own acts, and to accept that an act by another User that damages them must not be blamed on us, but only on the other User. Although it is THE EVERYTHINK CORPORATION'S goal to provide Users with a reliable, quality system, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to Users if we had to accept blame or financial liability or any usability problems, system failures or errors, or mistakes or damages of any kind, in order to continue offering and improving our Service, THE EVERYTHINK CORPORATION must deny any warranties on this Service and insure that our liability for any problems connected with the use of our system is strictly limited. These needs are accomplished by the following disclaimers: Disclaimer of Warranties THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE is AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EVERYTHINK CORPORATION 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. EVERYTHINK CORPORATION MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE EVERYTHINK CORPORATION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE EVERYTHINK CORPORATION MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM EVERYTHINK CORPORATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Limitation of Liability THE USER AGREES THAT THE EVERYTHINK CORPORATION 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 OR FROM 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 THE EVERYTHINK CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT THE EVERYTHINK CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTIONS, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL INADVERTENT OR ADVERTENT. XIV. Arbitration. Any controversy or claim arising out of or relating to this Agreement or THE EVERYTHINK CORPORATION Services 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 arbitration shall be conducted in the County of Palm Beach, Florida, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or THE EVERYTHINK CORPORATION may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Palm Beach, Florida, necessary to protect the rights or property of the User or EVERYTHINK CORPORATION pending the completion of arbitration. This arbitration clause does not prohibit either THE EVERYTHINK CORPORATION or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in the arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Palm Beach, Florida. In any dispute between THE EVERYTHINK CORPORATION and USER, the prevailing party shall be entitled to recover their attorney’s fees and costs in the arbitration. XV. General This Agreement, the Agreement, incorporates by reference our Privacy Policy and any notice by THE EVERYTHINK CORPORATION contained in any of the web site pages and constitutes the entire understanding between the User and THE EVERYTHINK CORPORATION regarding the User's relationship to our Service. Users can reach our Service from all fifty (50) states and around the world. Each of these places has a different set of laws. Since THE EVERYTHINK CORPORATION cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and THE EVERYTHINK CORPORATION shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. If THE EVERYTHINK CORPORATION fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that THE EVERYTHINK CORPORATION has waived the right or provision If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect. We appreciate your interest and support and we welcome you to our community! |