image description Terms of Use

TERMS AND CONDITIONS

This MyDefenseLawyer.com Internet Web Site Agreement (the "Agreement") is between you and MyDefenseLawyer.com, a division of The Cornel Group, LLC, a North Carolina limited liability company (“MyDefenseLawyer.com”) with a principal place of business at Charlotte, North Carolina. Use of the MyDefenseLawyer.com Web site (the “MyDefenseLawyer.com Web Site”) signifies your agreement to the terms and conditions of use set forth below:

  1. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE TERMS AND CONDITIONS OF USE AND THAT YOU ACCEPT THE TERMS THEREOF BEFORE USING THIS MYDEFENSELAWYER.COM WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THIS MYDEFENSELAWYER.COM WEB SITE. MYDEFENSELAWYER.COM MAY TERMINATE YOUR RIGHT TO ACCESS THIS WEB SITE WITHOUT NOTICE AT ANY TIME AND WITH OR WITHOUT A REASON. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE THIS MYDEFENSELAWYER.COM WEB SITE OR ITS SERVICES.
  2. MyDefenseLawyer.com may monitor your use of this MyDefenseLawyer.com Web Site, and may freely use and disclose any information and materials received from you or collected through your use of the MyDefenseLawyer.com Web Site for any lawful reason or purpose.
  3. MyDefenseLawyer.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the MyDefenseLawyer.com Web Site. MyDefenseLawyer.com may change, suspend or discontinue any aspect of the MyDefenseLawyer.com Web Site at any time, including the availability of any MyDefenseLawyer.com Web Site feature, database, or content. MyDefenseLawyer.com may also impose limits on certain features and services or restrict your access to parts or all of the MyDefenseLawyer.com Web Site without notice or liability.
  4. The MyDefenseLawyer.com Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the MyDefenseLawyer.com Web Site are only for your personal, non-commercial use. All materials contained on the MyDefenseLawyer.com Web Site are protected by copyright, and are owned or controlled by MyDefenseLawyer.com or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the MyDefenseLawyer.com Web Site. You may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use MyDefenseLawyer.com, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with MyDefenseLawyer.com's prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C. § 107). By using the MyDefenseLawyer.com Web Site, you agree to maintain the confidentiality of, and not to disclose to any other person or entity, any proprietary information of MyDefenseLawyer.com, such information to include but not be limited to business processes, pricing and terms, but excluding any such information made public on the MyDefenseLawyer.com Web Site or through any agreement with MyDefenseLawyer.com. You may not alter or modify information and services provided through MyDefenseLawyer.com in any way. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of MyDefenseLawyer.com, or any information about usage or users. You may not use any robot, spider, other automatic device, or manual process to access, monitor or copy MyDefenseLawyer.com without MyDefenseLawyer.com's prior written permission. Unless otherwise explicitly noted, all elements of MyDefenseLawyer.com including, but not limited to, text, articles, logos, trademarks, graphics and overall "look and feel" are the property of MyDefenseLawyer.com. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future.
  5. Certain sections of MyDefenseLawyer.com require registration to access and use information and services. If you elect to register, you agree to provide MyDefenseLawyer.com with accurate, complete registration information. You will inform MyDefenseLawyer.com of any changes to registration information. You warrant that registration is for a single person only, and that you will not permit anyone other than you to access and use sections of MyDefenseLawyer.com requiring registration using your user name and password. You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. You are responsible for all access to and use of MyDefenseLawyer.com through your user name and password, including access of any services the use of which results in monetary charges payable by you, whether or not you have knowledge of or authorizes such access and use. You will notify MyDefenseLawyer.com immediately of any unauthorized use of your name and password, if you suspect the privacy of your name and password has been jeopardized, or if you believe that another individual has fraudulently represented themselves as you or as being associated with you or your organization.
  6. By posting messages, uploading files, inputting data, text, graphics or links or engaging in any other form of communication (individually or collectively "Communications") to the MyDefenseLawyer.com Web Site, you hereby grant, or warrant that the owner of the following rights has expressly granted, to MyDefenseLawyer.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against MyDefenseLawyer.com for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge that transmission to and from this MyDefenseLawyer.com Web Site are not encrypted or confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to MyDefenseLawyer.com, no confidential, fiduciary, contractually implied or other relationship is created between you and MyDefenseLawyer.com other than pursuant to this Agreement. On certain sections of MyDefenseLawyer.com, Communications submitted for publication on MyDefenseLawyer.com will be accompanied by your name and shall not be submitted anonymously. Here you can read a more complete description of MyDefenseLawyer.com’s Privacy Policy.
  7. Services on MyDefenseLawyer.com Web Site that allow you to contact, communicate or interact with other users, MyDefenseLawyer.com or MyDefenseLawyer.com affiliates and customers ("Interactive Services") are provided to you solely for personal use. You will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in Communications delivered through Interactive Services without the express written permission of MyDefenseLawyer.com.
  8. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the MyDefenseLawyer.com Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the MyDefenseLawyer.com Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material, the use of which requires a license, (vii) constitute or contain false or misleading indications of origin or statements of fact; (viii) where registration is required, misrepresent or obscure your identity or affiliation with any other person or entity, or (ix) directly or indirectly seek to artificially enhance, degrade or otherwise manipulate the recommendations or endorsements of any other user on this web site including those relating to you; and (b) that you are at least eighteen (18) years old.
  9. MyDefenseLawyer.com provides information on law and legal topics and is designed for informational purposes only. YOU ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES IS MYDEFENSELAWYER.COM, ITS AGENTS, AFFILIATES OR CUSTOMERS, PROVIDING LEGAL ADVICE OR REPRESENTATION THROUGH MYDEFENSELAWYER.COM, AND THAT NOTHING ON MYDEFENSELAWYER.COM IS INTENDED AS A SUBSTITUTE FOR LEGAL ADVICE FROM AN ATTORNEY. MyDefenseLawyer.com does not select, approve, or otherwise endorse any particular attorney, law firm, or provider of legal services on MyDefenseLawyer.com. Any and all such recommendations or Communications are from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and are difficult or impossible to verify. The hiring of an attorney is a critical decision and should not be predicated solely on comments, recommendations, advertisements, or other Communications contained on MyDefenseLawyer.com Web Site or any other website.
  10. If you are an attorney participating in any aspect of the MyDefenseLawyer.com Web Site, including but not limited to Interactive Services, you acknowledge that the Rules or Codes of Professional Conduct ("Rules") of the jurisdictions in which you are licensed apply to all aspects of your participation and that you will abide by such Rules. MyDefenseLawyer.com disclaims all responsibility for your compliance with these rules. You warrant and agree that Interactive Services will be used to provide general information only, and not for the provision of legal advice or the practice of law.
  11. The MyDefenseLawyer.com Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and advertisers or sponsors of the MyDefenseLawyer.com Web Site. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on MyDefenseLawyer.com is accurate and complies with any and all applicable laws. You agree that MyDefenseLawyer.com will not be responsible for the illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors. Links to and from MyDefenseLawyer.com Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by MyDefenseLawyer.com or any of its subsidiaries or affiliates of any third party resources, or their contents. MyDefenseLawyer.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the MyDefenseLawyer.com Web Site. MyDefenseLawyer.com is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from MyDefenseLawyer.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. MyDefenseLawyer.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the MyDefenseLawyer.com Web Site.
  12. MyDefenseLawyer.com does not and cannot review all materials posted to the MyDefenseLawyer.com Web Site by users, and MyDefenseLawyer.com is not responsible for any such materials posted by users. However, MyDefenseLawyer.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request (see MyDefenseLawyer.com's Privacy Policy), or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MyDefenseLawyer.com's sole discretion are objectionable or in violation of this Agreement.
  13. THE MYDEFENSELAWYER.COM WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE MYDEFENSELAWYER.COM WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE MYDEFENSELAWYER.COM WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE MYDEFENSELAWYER.COM WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE MYDEFENSELAWYER.COM WEB SITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MYDEFENSELAWYER.COM WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MYDEFENSELAWYER.COM WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE MYDEFENSELAWYER.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

YOUR EXCLUSIVE REMEDY AND MYDEFENSELAWYER.COM'S, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF MYDEFENSELAWYER.COM WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY YOU RELATIVE TO THE SPECIFIC MYDEFENSELAWYER.COM FEATURE WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL MYDEFENSELAWYER.COM, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM RELATING IN ANY WAY TO (i) YOUR INABILITY OR FAILURE TO USE MYDEFENSELAWYER.COM PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY MYDEFENSELAWYER.COM, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON MYDEFENSELAWYER.COM DELIVERED INFORMATION AND SERVICES; OR (ii) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE MYDEFENSELAWYER.COM, EVEN IF MYDEFENSELAWYER.COM, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYDEFENSELAWYER.COM SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.

  1. You hereby agree to indemnify, defend and hold MyDefenseLawyer.com, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. MyDefenseLawyer.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MyDefenseLawyer.com.
  2. This Agreement constitutes the entire agreement between MyDefenseLawyer.com and you with respect to your use of the MyDefenseLawyer.com Web Site. Any cause of action you may have with respect to your use of the MyDefenseLawyer.com Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
  3. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NORTH CAROLINA.

 

April 7, 2011