Terms of Service
By using or listing on any websites owned or operated by Lawyer Support Services of America, LLC, hereinafter, “Websites,” you agree to be bound by these terms and conditions of use. If you do not agree to be bound by these terms and conditions, you must not use any Websites, terminate your listings with this website, or immediately terminate your use of Websites. All Websites are a service provided by Lawyer Support Services of America, LLC, hereinafter LSSA.
1. Definitions.
A. Content. "Content" means all information, including texts, graphics, video, and audio materials provided by you to LSSA.
B. Services. "Services" means the presentation and arrangement of the Content and all associated elements, including but not limited to video and audio materials, coding and command sets, and online screen displays provided by LSSA or developed by the parties under this Agreement.
C. LSSA Materials. "LSSA Materials" means all utilities, tools, and programs provided or developed by LSSA, its affiliates, and contractors under this Agreement that are used to facilitate creation, maintenance, storage, and transmission of the Services.
2. Your Obligations.
A. Delivery of the Content to LSSA. Unless otherwise specified herein, you will deliver to LSSA in electronic form (in any mutually agreeable program format) the Content for use in creating the Services. You are solely responsible for obtaining all required licenses and permissions to provide and use the Content as contemplated herein.
B. Updates and Modifications. From time to time during the term of this Agreement, you may provide LSSA with updated or additional Content by signing in with your login. You will conform with LSSA’s guidelines and requirements when initially providing Content, updating and supplementing Content.
C. Grant of License. Subject to the terms of this Agreement, you grant to LSSA a non-exclusive, worldwide, fully paid-up, royalty free right and license to use, copy, encode, adapt, modify, alter, create derivative works from, store, archive, distribute, transmit, communicate, publicly display, and publish the Content, in whole or in part, through the Services and other means in connection with any LSSA product or service.
3. LSSA Obligations. LSSA will, during the term of this Agreement, store the Content on its servers and develop and maintain Services as LSSA deems necessary that allows Internet users to access the Content. LSSA reserves the right to refuse, modify, substitute, or remove any of the Content at any time and for any reason whatsoever, without limitation and regardless of whether it conforms to any specifications herein.
4. Advertising and Promotional Materials. You agree to allow LSSA to use your likenesses and information in advertising and promotional materials as LSSA may determine.
5. Unsolicited Bulk Communications. “Unsolicited Bulk Communications” means unsolicited advertisements or solicitations, commercial or otherwise, that are (a) sent through the Services or any component thereof, (b) sent from other networks and reference the Services or any component thereof as a means of contacting you, or (c) posted referencing the Services or any component thereof as a means of contacting you, and are deemed to be inappropriate according to the local ethical standards of that forum. You warrant that it will not distribute Unsolicited Bulk Communications. LSSA may immediately disable Services to prevent or discontinue the distribution of or response from Unsolicited Bulk Communications, or to prevent any other abuse of or damage to its systems. In such event, LSSA will notify you as soon as practical.
6. Fees and Payment. Subscriber agrees to pay LSSA the fees ("Fees") set forth on the Order Form or electronically, as the case may be. Fees will be billed on an annual basis. There are no refunds for any reason whatsoever once your Content has been posted on the Services. If full payment of any Fees are not made within 15 days of expiration of annual fee, LSSA may remove your content from its Websites.
7. Term And Termination.
A. Term. This Agreement will become effective upon approval by LSSA, ("Effective Date") and will continue in force for 12 months after the Effective Date unless sooner terminated as herein provided. Further, if you do not terminate your Agreement with LSSA prior to 30 days to the expiration of 12 months after the Effective Date and every year thereafter, you authorize LSSA to charge your account or credit card if provided to LSSA or one of its affiliates for your listing at the current rate charged by LSSA for your listing type.
B. Events of Termination. Notwithstanding the foregoing, either party may terminate this Agreement immediately upon giving notice of termination to the other party upon the occurrence of any of the following events: (i) the other party failing to cure a material breach hereof committed by it within 30 days after receiving written notice thereof; (ii) LSSA ceasing to do business or to do business relevant hereunder (iii) You may terminate this Agreement immediately upon giving written notice of termination to LSSA after receiving notice of an amendment which contains new terms that materially alter the terms of this Agreement and are unacceptable to You.
C. Obligations Upon Termination. Upon termination of this Agreement, You shall, at your expense, deliver to LSSA any LSSA Materials and Services that are in your possession or under its control. All provisions of this Agreement shall survive any termination of this Agreement.
8. Ownership.
A. Ownership. The parties agree that, as between you and LSSA, the Services, LSSA Materials and any derivative works or improvements created under this Agreement that are based on the Content are the exclusive property of LSSA. During the term of this Agreement and thereafter, neither party will disclose or provide to any third party, or otherwise use the property of the other party, except as expressly provided in this Agreement or as necessary for the parties to perform their obligations or exercise or enforce their rights hereunder.
B. LSSA Websites. Notwithstanding the foregoing, all Content submitted by you to LSSA shall become the property of LSSA, regardless of method of submission.
C. Trademarks and Logos. As a part of the Services, LSSA may design a trademark or logo for you. In such event, it is your obligation to ensure that any such trademark or logo does not infringe the intellectual property rights of any third party. You shall defend, indemnify, and hold harmless LSSA from and against any third party claims, actions, causes of action, liabilities, damages, costs, and expense, including attorney's fees, arising out of a breach of this obligation.
9. Your Representations And Warranties. You are solely responsible for any legal liability arising out of or relating to this Agreement. You represent and warrant to LSSA that you have full power and authority to provide and use the Content as contemplated hereunder and that such provision and use of the Content does not and will not violate any copyrights, trade secrets or other proprietary rights of any third party or create any liability to any third party. You further warrant and represent that the Content does not contain any matter that is defamatory or which may cause injury or result in damage to any third party and that the Content does not contain any matter that is false or deceptive. You also represent and warrant that you will comply with all applicable laws, rules, and regulations regarding attorney ethics, conduct, and advertising in your performance under this Agreement and that the subject matter of the Content and Services shall be limited to legal services provided by you. You acknowledge that any breach of your representation or warranty herein is a material breach of this Agreement. You shall defend, indemnify and hold harmless LASSA from and against any and all third party claims, actions, causes of action, liabilities, damages, costs, and expenses, including attorney's fees, arising out of or related to any facts or alleged facts which, if true, would constitute a breach of such representations or warranties.
10. DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CERTAIN SOFTWARE USED BY INTERNET USERS MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OR FUNCTIONALITIES WHICH MAY BE INCLUDED IN SERVICES. LSSA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM RELATING TO ANY INTERNET USER'S INABILITY TO ACCESS THE SERVICES PROPERLY OR COMPLETELY OR FOR ANY CLAIM RELATING TO ANY ERRORS OR OMISSIONS IN THE SERVICES. THE SERVICES AND LSSA’S PARTNERS' CONCOMITANT SERVICES RELATED TO THE PUBLICATION AND DELIVERY THEREOF ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. NEITHER LSSA NOR ITS AFFILIATES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR FREE.
11. LIMITATION OF LIABILITY. LSSA'S, ITS AFFILIATES' AND ITS AGENTS' ENTIRE LIABILITY HEREUNDER, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO THIS AGREEMENT WHICH ARE MADE AGAINST THEM, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU RELATIVE TO THE PERIOD OF OCCURRENCE OF THE EVENTS WHICH ARE THE BASIS OF THE CLAIM. IN NO EVENT WILL LSSA, ITS AFFILIATES OR ITS AGENTS BE LIABLE FOR ANY LOST PROFITS OR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR RELATING IN WHOLE OR IN PART TO YOUR RIGHTS HEREUNDER OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF CLAIMS. No claim, regardless of form, which in any way arises out of this Agreement, may be made, nor action based upon such claim brought, by either party more than one year after the basis for the claim becomes known to the party desiring to assert it.
13. Force Majeure. LSSA shall not be responsible for any delays, errors, failures to perform, interruptions, or disruptions in the Services caused by or resulting from any act, omission or condition beyond LSSA's reasonable control, whether or not foreseeable or identified, including without limitation acts of God, strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, earthquakes, severe weather, floods, acts of terrorism, or other natural disasters or your or any third party's hardware, software or communications equipment or facilities.
14. Agency. The parties to this Agreement are independent contractors. Neither party is an agent, representative or partner of the other party. Neither party shall have the right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability on either party.
15. Assignment. You may not resell, assign or transfer any of your rights or obligations under this Agreement, in whole or in part, without LSSA’s prior written consent, and any attempt to resell, assign or transfer will be null and void.
16. Notices. All notices hereunder must be given in writing to LSSA at 1720 Hance Drive, Freeport, Illinois 61032, and to you in writing or by email at the addresses set forth in your electronic submission at the time of sign up or on your written form at the time of signup.
17. Entire Agreement. This Agreement (which includes all current and future, electronic or written submisions, and the like) embodies the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter hereof. Except as otherwise provided herein, LSSA may amend the terms and conditions of this Agreement upon 30 days prior written or online notice. Any other Amendment must be in writing and signed by both parties.
18. General Provisions. This Agreement will be governed by and construed under the laws of the State of Illinois, without regard to conflicts of law provisions. The parties agree that the Circuit Court of Stephenson County, Illinois, will have exclusive jurisdiction over any claim arising out of this Agreement, and each party consents to the exclusive jurisdiction of such court. Should any provision of this Agreement be held void, invalid, unenforceable or illegal by a court of law, the remaining provisions will remain valid and enforceable. Failure to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
19. Your Representations. You certify and represent that you meet the following requirements:
A. You have practiced law at least 5 years,
B. You devote a substantial amount of time to the Practice Area(s) you have listed,
C. You accept new clients, and
D. You are licensed to practice and in good standing in the state(s) in which you are listed.
By clicking on the “next” button that is shown on the signup page, you are agreeing to the terms of this Agreement and it constitutes your consent to the Fees shown.
