This Agreement ("Agreement") governs all users of http://www.LegalFish.com ("LegalFish") and any and all related Web sites (collectively, the "Service"). The terms and conditions of this agreement along with such additional terms and conditions, will be referred to as the "Terms". Your use of the Service constitutes your agreement to all of the Terms of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, please do not use the Service.
By registering to use the Service, the individual or company so registering becomes a Service user (a "User"). As a User, you will be given access to the LegalFish Site and other sites in the Service. LegalFish reserves the right, at its discretion, to change, modify, add, or remove any of the Terms, in whole or in part, at any time. LegalFish will notify User of any modifications to the Terms that will result in payment of additional fees. Please check the Terms periodically for changes. User's use of the Service after such Terms are posted will mean that User accepts such Terms.
2. User Eligibility
This Agreement is a legal agreement between LegalFish and the User of the Service. This Service is only available to individuals who can form legally binding contracts under applicable law and to companies. Without limiting the foregoing, the Service is not available to minors. If you do not qualify, please do not use the Service. Any User of this Service represents that he or she accepts these Terms and intends to be personally bound by the Terms or that he or she has been authorized to accept these Terms on behalf of a company. If the User is not so authorized or does not intend to be personally bound, then User should not use the Service. If User accepts these terms on behalf of an entity on whose behalf he or she is authorized to act, User may use the Service only on behalf of such entity. If User intends only to be personally bound, use of the Service is limited to User's personal use. Each User represents that all information supplied by it is true and accurate. Without limitation, any speculative, false or fraudulent legal service requests or responses to such requests are prohibited. LegalFish may refuse its Service to anyone at any time or remove any User from the Service at any time, in its sole discretion.
3. Service is Only a Venue
The Service acts as a venue for lawyers and individuals or businesses seeking legal services (sometimes, "Consumers"). LegalFish is not involved in the actual transaction between lawyers and Consumers and is not a referral service. As a result, it has no control over the quality, safety, reliability or legality of the services advertised, the truth or accuracy of the listings, the ability of lawyers to provide services or the ability of Consumers to purchase such services. We encourage Consumers to communicate directly with lawyers or with third parties, such as the applicable Bar Association, to a degree sufficient to establish the reliability of the lawyer. No lawyer will at any time represent that LegalFish endorses a lawyer or his/her services. Consumers and lawyers should handle any disputes between them. Because user identification on the Internet is difficult, LegalFish cannot and does not confirm that each User is who they claim to be.
4. Information Provided By Lawyers
All information provided by lawyers, including lawyer profiles, are considered advertising material. LegalFish allows only five attorneys for each county and legal practice area. Only attorneys who have paid a subscription fee to use the LegalFish service will be given an opportunity to respond to a User request for legal services. LegalFish does not recommended or endorse any specific lawyer and does not provide any advice regarding which lawyer to select. LegalFish does not sell, solicit applications for, or write contracts for any services. LegalFish is not a broker acting on behalf of any consumer and is not an agent acting on behalf of any lawyer. It is recommended that prior to making any engagement decision you consult the appropriate professionals.
5. Registration and User Information/Privacy
6. Fees for the Service
The Service is free for all parties seeking legal services. There is no cost in posting a case. If LegalFish were ever to charge fees for use of the Service, Users would be notified of the fees in advance and would be given the opportunity to decline continued membership before any fees were charged. No User will be charged a fee by LegalFish without the User's prior express consent.
7. Use of the Service
The Service may be used only for lawful purposes. LegalFish specifically prohibits any use of the Service for unlawful purposes, and User agrees not to use the Service for any unlawful purposes, or for posting any incomplete, false or inaccurate information, or any obscene, indecent or offensive language or to place on the Service any material that is false, defamatory, abusive, harassing or hateful. In addition, User agrees not to alter, remove, or obscure any notices or markings from the Service, including all screen displays and downloadable documentation, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices. User may not: (a) modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Service or any portion thereof; (b) create derivative versions of any part of the Service; (c) rent, transfer, distribute or grant any rights in the Service in any form; or (d) use the Service for any purpose that LegalFish deems to be inappropriate.
8. Proprietary Materials
The Service contains proprietary materials such as logos, text, software, photos, video, graphics, music and sound. As between LegalFish and User, LegalFish is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Service, User agrees not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining LegalFish's prior consent.
9. User Materials
In using the Service, User may be able to post on the Service materials for other users to view or links to other sites. Only public domain files and files in which the author has given express consent for online distribution may be made public. User acknowledges and agrees that User is solely responsible for the form, content and accuracy of any content or information placed by User on the Service or through links added by the User. User represents and warrants that such content and information shall not: (a) be fraudulent; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be defamatory, abusive, threatening or harassing, offensive, obscene or sexually explicit; (e) detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (f) advertise, offer or describe goods or services prohibited by LegalFish. LegalFish will not be held liable for any content or information posted by User on the Service. LegalFish automatically tracks certain information from its Users. This information includes the URL that the User came from, what browser the User is using, and the User's IP address. Many web sites automatically collect this information. We gather and use User's IP addresses to help diagnose problems with our server, and to administer our service.
10. Member Reviews
LegalFish may establish a Consumer-initiated member lawyer review system in the future. such reviews and associated comments represent the views solely of the participating Consumers and not of LegalFish. We cannot confirm that those identifying themselves as Consumers are the persons they claim to be. These reviews are not reviewed or edited by LegalFish and in no way should such reviews be construed as either a positive or negative recommendation about any lawyers on the part of LegalFish. While LegalFish does not review, investigate or mediate disputes between Users, we encourage dissatisfied Consumers to discuss their concerns directly with the lawyer, before making use of the member review system, and to post updates when appropriate. Consumers may not take any action that might undermine the integrity of the review system such as submitting positive or negative reviews for an improper purpose. Although LegalFish does not routinely review or approve Consumer reviews of member lawyers, we reserve the right to remove specific reviews, as well as Consumers, in cases where the review system is abused.
11. Links to Third-Party Sites
The Service may contain links to Web sites operated by parties other than LegalFish ("Third-Party Sites"). LegalFish's links to such other sites does not imply any endorsement of the products, services or material on such Third-Party Sites or any association with their sponsors or operators. LegalFish expressly disclaims all content, services and products available through such Third-Party Sites. Linking to any other service or site from LegalFish is at your own risk.
User will indemnify and hold LegalFish and its affiliates, employees, agents and representatives, harmless for any losses, costs, liabilities and expenses (including reasonable attorney fees) against LegalFish arising out of (A) any use of the services, third-party sites, or related goods or services; (B) any breach of the terms by User; and (C) any uploading, downloading, or reproduction of any content or date from the service of any third-party site.
13. No Warranty
User expressly acknowledges and agrees that its use of the Service, any services or goods obtained or sites linked to through the use of the Service, and any data transmitted through the Service is at the sole risk of User. LegalFish does not provide or make any undertaking or representation with respect to any lawyer or as to the quality or nature of any of the services purchased through the Service or any other representation, warranty or guaranty. LegalFish does a background check of all lawyers to ascertain that they are admitted to practice in their particular jurisdiction. Nonetheless, LegalFish does not warrant that lawyers are licensed or certified to practice in any jurisdiction; nor does LegalFish make any warranty as to the results that may be obtained from use of the Service or its content or as to the accuracy or reliability of any information obtained through the use of the Service. The services are provided "as is" without warranty of any kind. LegalFish, its licensors and suppliers expressly disclaim all warranties, express or implied including but not limited to, the implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. Neither LegalFish nor its licensors nor suppliers warrant that the operation of the service will be uninterrupted, error free or without breaches of security. Some jurisdictions do not allow the exclusion of limitation of implied warranties, so in these jurisdictions the above limitations of exclusions may not apply to the user.
14. Limitation of Liability
In no event will LegalFish be liable to User or any party for any incidental,consequential, special or indirect damages arising out of the use, availability or unavailability of the service or any other services or goods obtained through use of any of the foregoing, of any data transmitted through the service, even if LegalFish has been advised of the possibility of such damages. User agrees that LegalFish will not be liable for any potential malpractice committed by an attorney obtained through the use of the service. LegalFish's entire aggregate liability arising out of these terms of the service shall be limited to one hundred dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations of exclusions may not apply to User. These Terms give User specific rights and User may also have other rights, which vary, depending on the jurisdiction.
15. General Compliance with Laws
User shall comply with all applicable laws, statutes, ordinances and regulations regarding its use of the Service.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
17. No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between User and LegalFish by the Terms.
Except as explicitly stated otherwise, any notices to LegalFish regarding this Agreement shall be sent to info@LegalFish.com. Any notice to User shall be given to the name and address submitted at the time of User's registration. All notices to User shall be sent to such address by certified mail, postage prepaid and return receipt requested. Notice shall be deemed given three (3) days after the date of mailing.
19. Export Control
LegalFish controls and operates the Service from its offices in the United States of America and makes no representation that the content or templates are appropriate for use in other locations. User agrees to comply with all U.S. and other export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required. If User uses the Service from other locations, User is responsible for complying with any applicable local laws, including but not limited to the export and import regulations of other countries.
20. Governing Law
This Agreement, the Terms, the Service and any modifications thereto may not be assigned or in any way transferred without the prior written consent of LegalFish. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Illinois, United States of America, without giving effect to the principles of conflict or choice of law of such state. Each User hereby consents to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A., in all disputes arising out of or relating to the use of this Service. The original of this Agreement has been written in English. The parties here to waive any statute, law, or regulation that might provide an alternative law or forum or to have this Agreement written in any language other than English. LegalFish and User exclude the United Nations Convention on Contracts for the International Sale of Goods from this Agreement.
If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.
No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
23. Entire Agreement
The Terms constitute the entire agreement between User and LegalFish with respect to the subject matter covered herein, including use of the Service and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. This Agreement may not be modified except by a written agreement signed by authorized representatives of both parties.
LegalFish may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's use of all or any portion of the Service if User breaches the Terms, or at any time or for any reason, at the sole discretion of LegalFish.
The Service hereunder is offered by LegalFish LLC at 155 N. Michigan Avenue, Suite 519, Chicago, IL 60601. If you live in the United States, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Parental control protections (such as computer hardware, software, or filtering services) that are commercially available may assist you in limiting access to material that is harmful to minors.