ACCEPTANCE OF TERMS
Welcome to Legal Helpmate Discussion Board! Legal Helpmate provides its service to you, subject to the following Conditions of Service ("COS"). Note that the COS may be updated by us from time to time without prior notice. You can review the most current version of the COS at any time at. In addition, when using Legal Helpmate owned or operated services, you and Legal Helpmate must follow rules applicable to such services as may be posted from time to time.
DESCRIPTION OF SERVICE
Legal Helpmate provides users with access to a group of resources, including various forums, personalized content, articles, and document preparation which may be accessed through its website (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Legal Helpmate to provide the Service. You also understand and agree that the Service may include certain communications from Legal Helpmate, such as administrative messages and announcements, and that these communications are considered part of the Service and not optional.
Unless explicitly stated otherwise, any new features that add to or enhance the current Service shall be subject to the COS. You understand and agree that Legal Helpmate assumes no responsibility for the timeliness, deletion, incorrect delivery or failure to store any user communications or personalization settings. You are responsible for accessing the Service and for Internet service provider fees, including those fees associated with the display or delivery of advertisements. In addition, you are responsible for providing all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
To use the Service, you state that you are of at least 18 years of age and may form a binding contract under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, up-to-date and complete information about yourself as prompted by the Service's registration form and (b) promptly update the Registration Data to keep it true, accurate, up-to-date and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Legal Helpmate has reasonable grounds to suspect that this is the case, Legal Helpmate may terminate your account at its discretion.
ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account. You agree to immediately notify Legal Helpmate of any unauthorized use of your password or account or any other breach of security. Legal Helpmate will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, messages or other materials ("Content"), whether privately transmitted or publicly posted,, are the sole responsibility of the author of the Content submitted, that you are entirely responsible for all Content that you upload, email, post, transmit or otherwise make available via the Service, and that Legal Helpmate neither controls the Content posted via the Service nor guarantees its accuracy, integrity or quality. You understand that, despite our requests to the contrary, by using the Service, you may be exposed to Content that is distasteful or objectionable and that Legal Helpmate assumes no liability for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content emailed, posted, transmitted or otherwise made available via the Service.
You acknowledge that Legal Helpmate may or may not pre-screen Content, but that Legal Helpmate and its designers shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Legal Helpmate and its designees shall have the right to remove any Content that violates the COS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Legal Helpmate or submitted to Legal Helpmate, including without limitation information in Legal Helpmate Message Boards, and in all other parts of the Service.
- You agree to not use the Service to:
- a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- b. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- d. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- e. harm minors in any way;
- f. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- h. negatively affect other users' ability to engage in real time exchanges;
- i. obstruct the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- k. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- l. "stalk" or otherwise harass another; or
- m. collect or store personal data about other users.
You consent and agree that Legal Helpmate may access, save, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the COS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Legal Helpmate, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes necessary to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Legal Helpmate and/or content providers who provide content to the Service. You agree to not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
INTERNATIONAL USE CONSIDERATIONS
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
While Legal Helpmate does not claim ownership of Content you submit or make available for inclusion on the Service, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Legal Helpmate the following world-wide, royalty free and non-exclusive license(s), as applicable:
- Content you submit or make available on publicly accessible areas of Legal Helpmate, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting Legal Helpmate. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Legal Helpmate removes such Content from the Service.
- Photos, graphics, audio or video you submit or make available on publicly accessible area of the Service other than Legal Helpmate, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Legal Helpmate removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Legal Helpmate, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold Legal Helpmate, and its subsidiaries, agents, affiliates, officers, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the COS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Legal Helpmate I.D.), use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Legal Helpmate may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the size of any email message that may be sent from or received by an account on the Service, the disk space that will be allotted on Legal Helpmate 's servers on your behalf, and the number of times and the duration of time 0you may access the Service in a certain period of time. You agree that Legal Helpmate has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Legal Helpmate reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Legal Helpmate reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
Legal Helpmate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Legal Helpmate shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Legal Helpmate may, under certain circumstances and without prior notice, immediately terminate your Legal Helpmate account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the COS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
Since the Service or third parties may provide links to other World Wide Web sites or resources over which Legal Helpmate has no control, you acknowledge and agree that Legal Helpmate is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Legal Helpmate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
LEGAL HELPMATE 'S PROPRIETARY RIGHTS
You agree that the Service and any necessary software used in connection with the Service ("Software") are protected by intellectual property and other laws. You also agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Legal Helpmate or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
- You expressly agree that:
- a. Your use of the Service is at your sole risk and that Legal Helpmate expressly disclaims all warrantees of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a specific purpose and noninfringement.
- b. Legal Helpmate makes no warranty that (i) the service will meet your requirements, the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information obtained by you through the Service will meet your expectations, and (v) any software errors will be corrected.
- c. Any material downloaded or otherwise obtained through the use of the Service is done at your own risk and discretion and you will be solely liable for any subsequent damage to your computer system or loss of data that results from the download of any such material.
- d. No advice or information obtained by you from Legal Helpmate or through the service shall create any warranty not expressly stated in the COS.
- e. A user may possibly experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service, even in users who have no history of prior seizures or epilepsy. If this occurs, or if you have a history of epilepsy, consult your physician prior to using the service. Discontinue use of the Service any of the following symptoms: altered vision, dizziness, disorientation, eye or muscle twitches, loss of awareness, involuntary movement, or convulsions.
LIMITATION OF LIABILITY
- You expressly agree that Legal Helpmate shall not be liable to you for any direct or indirect, incidental or special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, date or other intangible losses (even if Legal Helpmate has been advised of the possibility of such damages), resulting from:
- (i) the cost of substitute services resulting from any information or services purchased or obtained or messages received or transactions entered into through or from the service;
- (ii) the use or the inability to use the Service;
- (iii) unauthorized access to or alteration of your transmissions or date;
- (iv) statements or conduct of any third party on the Service.
EXCLUSIONS AND LIMITATIONS
Since some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations described in sections 17 and 18 may not apply to you.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this COS, there shall be no third party beneficiaries to this Agreement.
Legal Helpmate may provide you with notices, including those regarding changes to the COS, by either email, regular mail, or postings on the Service.
Entire Agreement. The COS constitutes the entire agreement between you and Legal Helpmate and governs your use of the Service, superseding any prior agreements between you and Legal Helpmate. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Legal Helpmate services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The COS and the relationship between you and Legal Helpmate shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Waiver and Severability of Terms. The failure of Legal Helpmate to exercise or enforce any right or provision of the COS shall not constitute a waiver of such right or provision. If any provision of the COS 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 the other provisions of the COS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Legal Helpmate account is non-transferable and any rights to your Legal Helpmate I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree 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 COS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the COS are for convenience only and have no legal or contractual effect.
Please report any violations of the COS to our Customer Service group.