Terms of Service
2. Access to Services
2.1 Any users accessing the Website must be at least 18 years of age.
2.2 The Company makes no claims that the Website may be lawfully accessed in any specific jurisdiction. Access to the Website may not be legal by certain persons or in certain jurisdictions or may require government authorization or registration. When you access the Website you do so at your own risk and are solely responsible for compliance with the laws and regulations of your jurisdiction.
3. Use of the Website
3.1 The Company authorizes you to view and access a single copy of the content available on or from the Website solely for your own use.
4. Your Conduct
4.1 The Company specifically prohibits any use of the Website, and all users agree not to use the Website for any purposes other than designated by the Company.
4.2 You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or (e) scraping or harvesting data.
4.3 Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
5. User Information
5.2 Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify.
6. Username and Password
6.1 You are responsible for maintaining the confidentiality of your username and password, and are responsible for all uses of your username and password, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password.
7. Use of Website Services
7.1 The Website is offered only as a passive conduit between attorneys and prospective clients. Each user is solely responsible for deciding whether the Website and any individual attorney is suitable for their own circumstances.
7.2 The Company offers no express or implied guarantees or warranties regarding the benefits or effectiveness of the Website or the services offered through the Website, or that you will find the Website or the services offered through the Website satisfactory, complete, of benefit, or suitable for your own circumstances.
7.3 Under no circumstances is the Website providing legal advice or consultation with regard to legal services, it is only serving as a conduit. Laws differ from jurisdiction to jurisdiction and users must determine the appropriate attorney for their individual circumstances.
7.4 Posted communications, information and materials do not create an attorney-client privilege. Users are solely responsible to determine whether the qualifications of an attorney match their needs and are solely responsible for interviewing and verifying information about attorneys, performing, among other things, background and reference checks, including the determination of appropriate state bar association licenses.
7.5 The Website makes no representations about the qualifications or abilities of any attorney, makes no referrals, endorsements, recommendations or validations of the qualifications of any attorney, and makes no representations regarding the integrity, suitability or reliability of any attorney.
7.6 The Company is under no legal obligation to, and does not, control the information provided by other users. It has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be inaccurate or untruthful. You acknowledge that any reliance on communications, information and materials posted by other users will be at your own risk, and you agree to take all necessary precautions.
7.8 The Company has no liability or responsibility to users for performance or nonperformance of activities undertaken by users or claims relating to any inaccurate, untimely or incomplete information provided by users.
7.9 By submitting communications, information and materials to any public or non-public area of the Website, you grant the Company the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, distribute, communicate to the public, perform and display the communications, information and materials (in whole or in part) worldwide for the full term of any rights that may exist in such communications, information and materials for as long as you are a user.
7.10 You permit any subscriber to access, display, view, store and reproduce such information submitted to the public areas of the Website.
7.11 Users may not use the Website to collect user information, recruit, solicit or advertise employment opportunities.
8.1 While the Company values your feedback, please be specific in your comments regarding our services and do not submit creative ideas, inventions, or suggestions. If you do send creative ideas, inventions, or suggestions, all such submissions, in whole or in part, shall be the property of the Company. None of the submissions shall be subject to any confidentiality obligation and the Company shall not be liable for any disclosure. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose, without compensation to you or any other third party.
9. Intellectual Property
9.1 “Flatratelegal.net” and any trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful.
9.2 The Website, including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics, is the sole and exclusive property of the Company and is protected by copyright and other laws of the United States and other countries.
9.3 You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website in any way for any purpose.
10. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
10.1 If you believe that any copyrighted work is accessible on or through these Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
10.1.1 The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
10.1.2 A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
10.1.3 Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
10.1.4 Your name, address, telephone number, and e-mail address;
10.1.5 A statement by you that you have a good faith belief that use on the Website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
10.1.6 A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
10.2 Upon receipt of notification of a Notice of copyright infringement, the Company may remove or disable access to the alleged infringing material, or terminate the alleged infringer’s access to its account.
10.3 The alleged infringer may provide a written Counter Notification meeting the following criteria:
10.3.1 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
10.3.2 A physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
10.3.3 Your name, address, telephone number, and e-mail address;
10.3.4 Consent to the jurisdiction of Federal District Court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which the alleged infringer may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person; and
10.3.5 A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
10.4 We have designated Agarunov Law Firm, P.C. as our agent to receive notices of claims of copyright infringement on our website. You can contact Agarunov Law Firm, P.C. as follows:
Mail: 30 Broad Street, 14th Floor, New York, NY 10004
11.1 The Website may contain links, including payment links, to other websites and/or advertisements that take a user to another website. The Company does not endorse and is not responsible for the content, terms, or privacy policies of any such websites.
12. Additional Limitations and Exclusions
12.1 The Company shall not be responsible or liable for the failure to store, backup, retain, or grant access to the uploaded communications, for the deletion, correction, destruction, damage, or loss of such communications, information and materials, or for loss of information through the action of any third party or because of circumstances beyond the company’s control. All such communications, information and materials are provided at your own risk.
12.2 The Company has no fiduciary obligations and shall not be responsible or liable, and you agree not to hold the Company responsible or liable for such occurrences as the Website not operating error-free or operating with computer viruses or other harmful mechanisms, your inability to use the Website, delays or disruptions, damage to your equipment or data, your reliance on the communications, information or materials of other users, the loss, interception or alteration of any transmissions over the Internet, or the loss or inadvertent release of the communications, information or materials.
13. WARRANTY DISCLAIMER
13.1 THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. THE COMPANY DISCLAIMS ALL AND MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY THIRD-PARTY, THE ATTORNEY SERVICES, OR THE ACCURACY OF THE THIRD-PARTY POSTINGS.
13.2 SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
14.1 IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE.
14.2 THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID TO THE COMPANY.
14.3 SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
15.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND THE COMPANY, THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE WEBSITE; (II) ANY COMMUNICATIONS, INFORMATION OR MATERIALS YOU PROVIDE, (III) ANY SERVICES THAT YOU USE OR (IV) YOUR BREACH OF THE TERMS OF THIS AGREEMENT, AND YOUR REPRESENTATIONS AND WARRANTIES. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND MAY ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.
16.1 The relationship between you and the Company is that of independent contractors, and nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship.
16.4 The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
16.7 Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user that accepts this Agreement and it does not create any rights for any other parties.