Terms of Service
This Terms of Service is effective as of September 5, 2020
This GetAttorneyLists.com Terms of Service (the “Terms”), possibly in combination with an executed order form (“Order Form ”), forms a binding contract (the “Agreement”) for services between you (also “User” and/or “Subscriber”) and Denton Lane, LLC (the “Company”). By executing an Order Form that references these Terms or by otherwise accessing any content or services provided via GetAttorneyLists.com (the “Site”), you agree to these Terms.
The Agreement contains, among other things, warranty disclaimers, liability limitations and use limitations. Please contact us at support@GetAttorneyLists.com with any issues or notices related to the Agreement.
By using or accessing Site or any Site Content (as defined below), you acknowledge that you have read, understood and agreed to be bound by this Agreement. If you do not agree to be bound by the provisions of this agreement you should exit the Site immediately.
1.SERVICES: SERVICES AND DEFINITIONS
Subject to User’s compliance with the Agreement, Company will provide certain services (the “Services”) specified in a Company Order Form and otherwise described herein for the duration of the Agreement between the parties as set forth on an Company Order Form. The Services include a non-exclusive, non-transferable, worldwide license to access certain Site Content fully subject to the terms of this Agreement. Company may modify the Services and these Terms of Service at its sole discretion at any time , provided that this modification does not result in a material diminishment of Services that User has paid for in advance.
“Attorney Content” means a subset of Site Content consisting of publicly available data about United States attorneys published by various bar associations (such as the California State Bar Association and Washington State Bar Association)
“Site Content” means all material, data, information and products published on the Site and accessible to Site users (each a “User”)
“Subscriber” means a subset of Users who have agreed to subscribe to one of the Company’s subscription services and pre-paid for the selected subscription service
“Subscriber Content” means Site Content intended only for Subscribers and may include (without limitation) Site pages, reports, data, graphics and files; Subscriber Content may also be password-protected.
“Services” may include (without limitation) the following: attorney information change alerts, tailored emails to Subscriber with new attorney registration information, and access to a Customer Relationship Management (“CRM”) system hosted by the Site and containing attorney data.
2. USER ACCESS, CONTENT, USE AND RESTRICTIONS
2.1 User Access To Site and Services.
While certain Site Content is available to all Users, access to Subscriber Content is for Subscribers only. Your user login and password are unique to each Subscriber and you may not share them with anyone else. Failure to comply will result in immediate termination of access to the Site and Services.
You are responsible for maintaining the confidentiality of any password and username you have been provided, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Site by email at support@GetAttorneyLists.com of any unauthorized use of your password or username or any other breach of security.
2.2 Compliance With Laws.
User shall use the Services in compliance with all applicable laws and regulations, including without limitation those related to data privacy, international communications, export and the transmission of technical or personal data, consumer and child protection, obscenity or defamation.
2.3 User Use Restrictions
User agrees that it shall not (and shall not knowingly permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Services; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services; (iv) use the Services for the benefit of an unauthorized third party; (v) remove or otherwise alter any proprietary notices or labels from the Services, or any portion thereof; or (vi) use the Services to build an application, product or service that is competitive with any Company product or service.
User agrees that it shall not (and shall not knowingly permit any third party to) take any action (including uploading, downloading, posting, submitting or otherwise distributing or facilitating distribution of any material through the Services) that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (iv) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or (v) impersonates any person or entity, including any employee or representative of Company.
User agrees that it shall not: (i) interfere or attempt to interfere with the proper working of the Services or any activities conducted in connection with the Services; or (ii) bypass any measures Company may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
3. INTELLECTUAL PROPERTY RIGHTS
As between the parties, Company retains all intellectual property rights relating to the Services and Site Content and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by User or any third party relating to the Services or the Site Content.
The Site, Services and Site Content are protected by copyright, trademarks, database rights and other intellectual property rights. Use of the Site or Services does not confer any ownership rights in any Company Intellectual property.
4. FEES AND TERMINATION
User will pay any fees set forth in an executed Company Order Form (and corresponding purchase order, if applicable). If User pays any fees through a third-party payment processor, it also agrees to any terms set forth by that payment processor. Undisputed unpaid invoices are subject to a finance charge of 1% per month on any outstanding balance.
4.2 Termination; No Refund
Company may terminate or suspend User’s access to Services if any invoice is not paid within 30 days. User may terminate this Agreement by canceling the Services in writing to Support@GetAttorneyLists.com and such termination will take effect at the end of the then-current billing cycle. Either party may terminate this Agreement upon fifteen (15) day notice if the other party materially breaches any warranties under this Agreement. Regardless of how the Agreement is terminated, User agrees to pay any outstanding balances that are due and payable (including any minimum commitments established by the Company Order Form) and under no circumstances will Company issue a refund for prepaid Services. In any case, all sections of this Agreement which by their nature should survive termination will survive termination.
5. WARRANTIES; DISCLAIMER
Each party represents and warrants to the other that: (a) it has full power and authority to grant rights or undertake obligations related to this Agreement, (b) it has no outstanding obligations that conflict with this Agreement, and (c) this Agreement constitutes a valid and legally binding obligation on that party that is enforceable in accordance with the terms of this Agreement.
Whilst Company endeavors to ensure that the information contained on the Site are current, correct and complete, the Site, Services and Site Content (including Attorney Content) are provided “as is” and with no warranty, express or implied, given as to its currency, accuracy and completeness or that any specific results will be achieved. EXCEPT TO THE EXTENT REQUIRED BY LAW, COMPANY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company does not warrant that the Site, Services and Site Content (as applicable) will be uninterrupted or error free, that defects will be corrected or that the Site, the servers from which it is made available or any connected website is free of viruses or other harmful components.
User acknowledges that Attorney Content is compiled from publicly available published information while may have changed since publication on this Site, and Company is not responsible for inaccuracies in this publicly available information.
You agree to defend, indemnify, and hold harmless Company, its successors and assigns, and other third parties who contribute to the Site from any loss, damage, or cost (including attorneys’ fees) resulting from your violation of the Agreement.
7. LIMITATION OF LIABILITY
User understands and acknowledges that Company disclaims all responsibility and assumed no liability for any and all User’s use of any Site Content, not limited to Subscriber Content or Attorney Content, regardless of purpose.
Company’s aggregate monetary liability to any User for any reason and for any and all causes of action, whether in contract, tort, or otherwise, will not exceed the amount that User has paid to Company for the Services during the three (3) month period before the cause of action accrued. Company will not be liable to User under any cause of action, whether in contract, tort, or otherwise, for any indirect, special, incidental, consequential, or punitive damages, even if Company has been advised of the possibility of such damages. Company’s price for the Services and Company’s obligations under this Agreement are consideration for limiting Company’s liability to User.
8. MISCELLANEOUS CLAUSES
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Headings in these Agreement are for convenience only and will have no legal meaning or effect. This Agreement is not assignable, transferable or sublicensable by either party except with the other’s prior written consent, except that either party may transfer and assign any of its rights under this Agreement without consent in connection with a reorganization, merger, consolidation, acquisition, or other restructuring involving all or substantially all of its voting securities or assets Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created by this Agreement and User does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the substantially prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. User permits Company to disclose that User is one of its users to any third-party upon the prior written consent of User, in each instance. This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. The federal and state courts sitting in Seattle, Washington, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement.