ContingencyCase.com, LLC (hereinafter "Provider") has designed and is hereby marketing an online advertising database for attorneys, lawyers and law-firms (hereinafter "Customer") who will consider taking ALL OR PART OF particular legal cases on a Contingency Fee basis. Provider agrees to provide the Service, and Customer agrees to pay for such service in consideration for this Agreement. Please note, we are NOT an attorney referral service and we WILL NOT recommend any attorney or law firm to any consumer under any circumstance. Customer and Provider may be collectively referred as "The Parties" in this Agreement. The following terms and conditions apply to any Customer utilizing our Service.
(1) CUSTOMER OBLIGATIONS: (a) Customer agrees to consider taking (in good faith) any legal case presented to Customer on a contingency fee basis (may consider taking all or part of the legal fee on a contingency fee basis), for every legal category / advertising spot wherein Customer's law firm profile is listed in our database. For example, if Customer maintains an advertising spot in "Los Angeles - Partnership Disputes," Customer agrees to evaluate a Potential Client's case, and consider the possibility of taking that case on contingency fee basis whenever a prospective Client contacts Cusomter through our website or over the phone. This is a commitment we make to the general public and Customer understands and agrees that Provider reserves the right to remove any Customer listing from our website if we learn and determine that Customer is not willing to consider taking cases on a full or part Contingency Fee basis. (b) Customer agrees to post only accurate, truthful, non-defamatory and non-deceptive information in their attorney / law firm profile and may not designate themselves as experts or specialists unless properly authorized by the State Bar of their State to represent themselves as such. When details of your practice change (such as address, web address, email, phone number, fax, etc.) you agree to login to the attorney login section and update the details of your account in an effort to protect the integrity of information displayed on our site. (c) In addition, by indicating on our website that you or your law firm pays attorney referral fees/joint representation fees, you agree to assume sole responsibility for insuring that your State ethical rules permit the payment of these types of fees. We assume no liability for your non-compliance in this regard. We have provided a link to the Atotrney Ethics rules of the 50 states on our website as a courtesy to Attorneys. If in doubt about any ethical rules, in regard to any ethical question whatsoever, Customer agrees to perform its own independent research into such issue and/or to retain qualified ethics counsel to properly advise. (d) In addition, Customer understands and agrees that they may only advertise in states where the attorney / law firm is licensed to practice law. Any advertising found to be outside any states where Customer is licensed to practice law shall be immediately removed or rejected. (e) Customer agrees that no materials posted on Provider's website (including blog postings, logos, pictures, consumer articles, videos, and any other type of content) shall violate any other persons or entities copyrights or other intellectual property rights and that by agreeing to be listed on our website, you provide ContingencyCase.com an exlusive unlimited license to use and display such any such content posted or uploaded to our website and you agree that Provider reserves the right to remove any Copyright offenders from out website with or without notice.
(2) CUSTOMER NOTICES / ACKNOWLEDGEMENTS: (a) Customer understands and agrees that all advertising spots are sold on a first-come first-serve basis. When using our software online, you understand and agree that when advertising spots are chosen and submitted to your shopping cart, these advertising spots will be available to any and all other usesrs of the software and the first Customer to purchase such advertising spots shall be entitled to such. When making a purchase thorugh our site, we utilize secure socket layer technology (SSL) and credit card numbers are stored on our servers in encrpyted format for renewal billing purposes. (b) Customer understands and agrees that Provider offers an online advertising service that is limited to10 attorneys per city / legal category ("advertising spot"). For example, there will only be 10 attorneys showing in a search performed for Los Angeles - Partnership Disputes." Customer may only have one attorney or law firm profile listed in each city / legal category. We do not want any law firm to occupy more than one listing in any particular city / legal category. Any attempt to circumvent this clause is grounds for immediate termination. (c) Customer understands and agrees that the duration of the advertising listings and advertising spots subject to this Agreement shall be determined by Customer. For example, Customer has the option to lock-in advertising spots for one year, two years, or three years by designating such, and paying for such through our website. In addition, Customer understands and agrees that at or near the end of your agreed-upon advertising listing term, Provider shall email a renewal notice to Customer (typically 30 days prior to the termination date), informing Customer of the right to renew all or some of the advertising spots and informing Customer of the pricing and terms for such renewal, which pricing and terms may have changed since the last pricing period. Customer shall have the option to cancel this service by emailing in a cancellation request to Provider's customer service department, or else renewing on the terns and conditions provided in the renewal notice. In the event Cusomter fails to cancel its account per this section, Provider shall automatically renew Customer's account, as per the pricing, terms and conditions contained in the renewal notice. (d) Provider makes no guarantees, warranties or representations in regards as to whether the website will always be "up" and "available" to the public over the internet. Certain tecnical issues can be out of control of Provider and any technical issues or downtime shall not be deemed a breach of this agreement. From time to time we may experience server crashes, maintenance down-time, or other down-time. (e) Customer acknowledges and agrees to be bound by the Privacy and Security Policy located on this website. (f) We allow attorneys to publish pdf consumer guides on our website in the "Consumer Guides" Section. Provider has the sole discretion whether or not to accept, reject, or rmove any submissions in this regard. (g) By entering into this agreement and agreeing to be listed on our website, you consent to allow us to send you marketing emails, newsletters, and updates, and to use and display your firms website link on our website. WE DO NOT SHARE YOUR NON-PUBLIC PERSONAL INFORMATION WITH ANY THIRD PARTIES.
(3) NO GUARANTEES OF BUSINESS GENERATION: Provider makes no warranties, representations or guarantees to any of the following: (a) that Provider will achieve local, regional or national prominence in its Internet and search engine marketing efforts designed to obtain increased expsoure to the website. We will engage in good faith efforts to market the ContingencyCase.com brand, (b) that Customer will obtain any level of "hits" (or potential clients) to Customer's legal profiles maintained on this website. No separate oral promises not contained in this agreement are enforceable.
(4) REFUND POLICY: Customer may request a 100% refund within 30 days of entering into this Agreement or after any renewal with Provider. Such refund will be provided within 7 Business days of Customer's written request (email request to customer service being suficient). Other cancellations (not within 30 days) shall be entitled to a pro-rated refund, minus a $75 early termination fee.
(5) CUSTOMER TERMINATION PROVISIONS: Customer's account, advertising spots, and firm listings may be terminated by Provider, at any time, for any violation of any of these Terms of Use or for any other valid reason at Provider's sole discretion. Additional causes for termination shall include, but not be limited to: (a) breaches or violations of this Terms of Use Agreement or any terms or limitations set forth in any renewal notice, (b) requests by law enforcement or other government agencies, (c) a request by Customer (self-initiated account removals), (d) any violation of any other parties copyright and/or intellectual property rights, (e) failure to consider taking contingency fee cases in the areas where Customer's firm or attorneys are listed, (f) violation of any Federal, State, Local or any other rule, law or regulation, (g) nonpayment of any fees owed by you in connection with the Services, and (h) disbarment of attorney listed on this website.
NOTE: Termination of your account includes: (a) removal of access to all offerings within the Service, including but not limited to access to the Attorney login area, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, Customer understands and agrees that in the event of termination, Provider shall not be liable to you or any third-party for any termination of your account or blockage of access to the Service.
(6) LIMITATION OF WARRANTIES / LIABILITY: PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Any claim for money damages shall be limited to the price of the Service paid by Customer.
(7) MERGER / CONSTRUCTION / SEVERABILITY: These terms and conditions of Use / Licensing Agreement contain the sole and entire agreement between Provider and Customer and no oral or written promises not contained herein are enforceable. All words and phrases in this agreement shall be given their plain and ordinary meaning. If any terms, provisions, or clauses of this Agreement are deemed unenforceable, all remaining provisions shall survive and be in full force and effect.
(8) ARBITRATION OF DISPUTES: In the event there is any dispute arising out of this contract or the relationship BETWEEN The Parties (Customer and Provider), both parties hereby agree that any and all disputes shall be heard in BINDING ARBITRATION. The Parties agree to use the American Arbitration Association ("AAA") binding arbitration services using their "expedited arbitration" procedures if available. In the event Arbitration is required, each party shall split evenly the costs of the Arbitrator and each party shall bear its own attorney fees and costs. The Arbitrator shall be required to have a minimum of 10 years Business Law experience and the decision of the Arbitrator shall be in writing and provided to each party within 20 days following the Arbitration. The Decision of the Arbitrator shall be final and binding. The Parties agree that Arizona law shall govern the dispute regardless of any choice of law conflict.
CONTINGENCYCASE.COM, LLC - LEGAL NOTICES
(1) Our Software is Protected by Federal Copyright Law - Copyright 2009 ContingencyCase.com, LLC - ALL RIGHTS RESERVED. All creative expression and materials made available on our Web site, (including all information, data, text, software, music, sound, photographs, graphics, video, PDF articles, and other materials ("Content")), are owned or licensed by Provider and/or entrusted to Provider and are protected under the copyright laws of the United States and under applicable international treaties and conventions. All rights are reserved. Any reproduction, retransmission, or republication of all or part of our Content on this site is expressly prohibited. Our Content may not be copied, reproduced, transmitted, transferred or distributed without the prior express written permission of ContingencyCase.com.
(2) Digital Millennium Copyright Act - Notification of Alleged Copyright InfringementProvider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Provider reserves the right to remove any Content that allegedly infringes another person's copyright. Provider will terminate, in appropriate circumstances, subscribers and account holders of the Provider's system or network who are repeat infringers of another persons copyright. Notices to Provider regarding any alleged copyright infringement should be directed to the Law Offices of Steven C. Vondran, P.C., at 2415 E. Camelback Drive, Suite 700, Phoenix, Arizona, 85016.
(3) Our Tradenames, Trademarks, Trade Dress, Service marks are also the protected Intellectual Property of the ContingencyCase.com, LLC The Company name, domain names, trademarks, service marks, and logos of ContingencyCase.com that appearing on this Web Site and appearing in all other areas are owned by us and may not be used in any advertising, publicity, blog, website, or otherwise in an attempt to indicate our affiliation or endorsement without ContingencyCase.coms (Providers) prior express written permission. Any Use of our Intellectual Property, as described in Sections A and B above, without express prior written authorization may result in legal action for trademark and/or copyright infringement, unfair competition, and any other applicable legal theory.
WE SINCERELY THANK YOU FOR YOUR BUSINESS AND WE LOOK FORWARD TO FORGING A SUCCESSFUL BUSINESS RELATIONSHIP WITH YOU!
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Terms of Use / Licensing Agreement
