Welcome to the Lawdragon, Inc. ("Lawdragon") web site – www.lawdragon.com – and any other web sites or services owned or operated by Lawdragon (the "Lawdragon Services"). The following Terms of Use for the Lawdragon Services is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single entity such as a law school, ADR provider, or law firm ("You" or, collectively, "Subscribers"), and Lawdragon regarding your use of the Lawdragon Services.
The services hereunder are offered by Lawdragon, Inc., located at: 600 Wilshire Boulevard, Suite 870, Los Angeles, CA 90017 and email: info@lawdragon.com.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE LAWDRAGON SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE LAWDRAGON SERVICES.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH LAWDRAGON ON BEHALF OF A LAW FIRM, LAW SCHOOL, ADR PROVIDER, OR OTHER COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ENTITY WITH THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
1.1 Compliance with Laws. You hereby represent, warrant, and agree to comply with all laws, regulations, and rules applicable to your use of the Lawdragon Services in all jurisdictions, localities, states, territories, and/or countries in which you or your Subscribing Organization may practice law.
1.2 No Legal Advice. The information displayed on and distributed through the Lawdragon Services is for general information purposes only and is not legal advice, which is the application of the law to a specific person's particular facts and circumstances. Lawdragon is not a law firm and its employees in no way represent you regarding any legal matters or otherwise. Do not rely or act upon any of the information found on the Lawdragon Services as a replacement for legal advice provided by a professional attorney in good standing and licensed to practice in your jurisdiction. The information displayed on and distributed through the Lawdragon Services is not intended to and in no way establishes an attorney-client relationship between you and Lawdragon, its employees, or any of the attorneys listed on Lawdragon.
1.3 No Referrals or Recommendations. Lawdragon is not a referral service. Lawyers and judges will be listed and evaluated regardless of whether they pay a fee. Lawdragon does not recommend, endorse, or refer its Subscribers to attorneys; Lawdragon provides a self-service web site where you choose an attorney at your own will and sole risk. In addition, Lawdragon does not and has no involvement in: (a) any fees and expenses agreement between you and your chosen attorney; (b) any attorney-client relationships that you may form; (c) any potential conflicts of interest between you, your matters, and your chosen attorney; or (d) any confidential information shared by you with your chosen attorney.
Searching the Lawdragon database will guide you to attorneys who fit the criteria you entered regardless of whether that attorney has paid to be listed on our service. It is solely your decision to determine which lawyer is best for your circumstances and your use of Lawdragon constitutes a waiver of any claim against Lawdragon pertaining to your subsequent interaction with any lawyer listed thereon.
Nothing contained on the Lawdragon Services constitutes a recommendation or endorsement of any product, service, site, law firm, judge, or attorney. Any listing, name, content, or material of any attorney or law firm found on the Lawdragon Services does not constitute any endorsement, recommendation or referral of such firms or attorneys. That an attorney obtains Lawdragon's highest rating or yields the highest search result is not a recommendation from Lawdragon that you hire that attorney. When deciding to hire any attorney or law firm you should do your own independent research and not solely rely on the materials found on Lawdragon.
Your privacy is important to Lawdragon. Lawdragon's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to Lawdragon's collection, use, and disclosure of your personal information.
When using the Lawdragon Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
Lawdragon reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Lawdragon Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Lawdragon Services.
It is Lawdragon's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Lawdragon's DMCA Notification Guidelines. Lawdragon will promptly terminate without notice any Subscriber's access to the Lawdragon Services if that Subscriber is determined by Lawdragon to be a "repeat infringer." A repeat infringer is a Subscriber who has been notified by Lawdragon of infringing activity violations more than twice and/or who has had a Subscriber Evaluation or any other user-submitted content removed from the Lawdragon Services more than twice.
6.1 Definition of Subscriber Evaluations. Lawdragon permits Subscribers to submit descriptive listings of their practice and/or law firm ("Subscriber Listings") as well as reviews and evaluations of judges and lawyers ("Subscriber Evaluations"). You understand that whether or not such Subscriber Evaluations are published, Lawdragon does not guarantee any confidentiality with respect to any Subscriber Evaluations. YOU ARE RESPONSIBLE FOR THE ACCURACY OF THE SUBSCRIBER EVALUATIONS THAT YOU PROVIDE AND YOU MAY BE HELD ACCOUNTABLE FOR ANY INACCURACIES OR FALSITIES.
6.2 Ownership, Limited License Grants.
– BY USING THE LAWDRAGON SERVICES YOU AGREE NOT TO:
7.1 post, upload, or distribute any defamatory, libelous, or inaccurate Subscriber Listings and/or Subscriber Evaluations or other content;
7.2 post, upload, or distribute any Subscriber Listings and/or Subscriber Evaluations or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, demeaning with regard to sexual orientation, or otherwise inappropriate;
7.3 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Lawdragon Services accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Lawdragon Services, or perform any other similar fraudulent activity;
7.4 make unsolicited offers, advertisements, proposals, or send junk mail to other Subscribers of the Lawdragon Services. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
7.5 use the Lawdragon Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.6 defame, harass, abuse, threaten or defraud users of the Lawdragon Services, or collect, or attempt to collect, personal information about third parties without their consent, or use the Lawdragon Services for any commercial use, it being understood that the Lawdragon Services are for personal, non-commercial use only;
7.7 use the Lawdragon Services if you are under the age of eighteen (18) years old;
7.8 fail to deliver payment for any products or services that you purchase through the Lawdragon Services;
7.9 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Lawdragon Services, features that prevent or restrict use or copying of any content accessible through the Lawdragon Services, or features that enforce limitations on the use of the Lawdragon Services; or
7.10 intentionally interfere with or damage operation of the Lawdragon Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
8.1 Account.
8.2 Payment Terms. You are responsible for paying all fees and applicable taxes associated with the Lawdragon Services in a timely manner and with a valid payment method. All payments must be made as directed by Lawdragon. You agree to pay for any listings, products, services, advertisements, or information that you purchase through the Lawdragon Services, and we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify Lawdragon if your selected payment method is cancelled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchases from or use of the Lawdragon Services, including, but not limited to, sales, use, or value-added taxes. To the extent that Lawdragon is obligated to collect such taxes, the applicable tax will be added to your account.
You agree that Lawdragon, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Lawdragon or your use of the Lawdragon Services and remove and discard all or any part of your account, Subscriber profile, and any Subscriber Evaluation, at any time. Lawdragon may also in its sole discretion and at any time discontinue providing access to the Lawdragon Services, or any part thereof, with or without notice. You agree that any termination of your access to the Lawdragon Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Lawdragon will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Lawdragon may have at law or in equity. As discussed herein, Lawdragon does not permit copyright infringing activities on the Lawdragon Services, and will terminate access to the Lawdragon Services, and remove all Subscriber Evaluations or other content submitted by any Subscribers who are found to be repeat infringers.
The Lawdragon Services are owned and operated by Lawdragon. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Lawdragon Services provided by Lawdragon (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Subscriber Evaluations, which are provided and owned by Subscribers, all Materials contained on the Lawdragon Services are the property of Lawdragon or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Lawdragon or its affiliates and/or third-party licensors. Except as expressly authorized by Lawdragon, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
You agree to indemnify, save, and hold Lawdragon, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Lawdragon Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Lawdragon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lawdragon, and you agree to cooperate with Lawdragon's defense of these claims. Lawdragon will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The Lawdragon Services may include links or references to other web sites or services solely as a convenience to Subscribers ("Reference Sites"). Lawdragon does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Lawdragon Services are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
THE LAWDRAGON SERVICES AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LAWDRAGON SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAWDRAGON AND ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LAWDRAGON, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, INFORMATION, OR FUNCTIONS OFFERED ON THE LAWDRAGON SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE LAWDRAGON SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LAWDRAGON, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LAWDRAGON SERVICES (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY INFORMATION PERTAINING TO LAW FIRMS, ATTORNEYS, OR JUDGES) OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE LAWDRAGON SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL LAWDRAGON OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE LAWDRAGON SERVICES OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH LAWDRAGON, EVEN IF LAWDRAGON OR A LAWDRAGON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LAWDRAGON'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL LAWDRAGON OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LAWDRAGON SERVICES OR ANY REFERENCE SITES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH ANY LAW FIRMS, ATTORNEYS, OR JUDGES FOUND BY YOU ON THE LAWDRAGON SERVICES OR WITH OTHER THE LAWDRAGON SERVICES SUBSCRIBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LAWDRAGON SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN LAWDRAGON AND RECEIVED THROUGH OR ADVERTISED ON THE LAWDRAGON SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT LAWDRAGON HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LAWDRAGON, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LAWDRAGON.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15.1 Notice. Lawdragon may provide you with notices, including those regarding changes to Lawdragon's terms and conditions, by email, regular mail or postings on the Lawdragon Services. Notice will be deemed given twenty-four hours after email is sent, unless Lawdragon is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Lawdragon Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Lawdragon Services is deemed given 30 days following the initial posting.
15.2 Waiver. The failure of Lawdragon to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Lawdragon.
15.3 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
15.4 Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Lawdragon will be filed only in the state or federal courts in and for Los Angeles County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
15.5 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
15.6 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lawdragon without restriction.
15.7 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 4, 6, 8, and 9 through 15 herein.
15.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.9 Entire Agreement. This is the entire agreement between you and Lawdragon relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Lawdragon as set forth in Section 4 above.
15.9 Entire Agreement. This is the entire agreement between you and Lawdragon relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Lawdragon as set forth in Section 4 above.
15.10 Claims. YOU AND LAWDRAGON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LAWDRAGON SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.11 Disclosures. The services hereunder are offered by Lawdragon Inc., located at: 600 Wilshire Boulevard, Suite 870, Los Angeles, CA 90017 and email: info@lawdragon.com. If you are a California resident, 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.