USAttorneys.com and its subsidiaries and corporate affiliates (collectively, “our,” “us,” or “we”) operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as “sites,” “services,” or “our sites and services.”
By using our sites and services, you are a “user” and you accept and agree to these Terms as a legal contract between you and USAttorneys.com. We may post changes to these Terms at any time, and any such changes will be applicable to all subsequent access to or use of our sites and services. If you do not accept and agree to all provisions of these Terms, now or in the future, you may reject these Terms by immediately terminating all access and use of our sites and services, in which case any continuing access or use of our sites and service is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.
Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.
These Terms grant you a limited, revocable, nonexclusive license to access our sites and service and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these Terms.
Entire Agreement: These Terms (along with any documents linked to these Terms) constitute the entire agreement between you and USAttorneys.com and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these Terms), there are no third-party beneficiaries to these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, all other provisions of these Terms will remain in full force and effect.
Exclusive Listing Services & Guarantee: The Exclusive Listing Services (the “Services”) shall include an exclusive listing on the https://probate-lawyers.usattorneys.com website for the Exclusive Listing Area, as defined below. The Services include a link to Client’s existing website.
Guarantee: The Services include an exclusive listing guarantee that USAttorneys.com will not link any other firm/attorney to the Exclusive Listing Area during the Term of this Agreement, and that Client will be the only firm listed on https://probate-lawyers.usattorneys.com in the Exclusive Listing Area for the duration of the Term of this Agreement. USAttorneys.com also guarantees that https://probate-lawyers.usattorneys.com shall maintain first page placement on Google for the duration of the Term of this Agreement.
Failure to Meet Guarantee: In the event the Services cease to meet the guarantee set forth above at any time during the Term, Client shall notify USAttorneys.com of this fact in writing, and give USAttorneys.com reasonable opportunity to bring the Services into conformity, or Client waives the right to have the Services conform with this guarantee. If the Services fail to conform within thirty (30) days of written notification, Client shall be credited for such month of nonconformity.
Exclusive Listing Fees & Payment Terms:
By selecting a one-time payment for an Exclusive Listing, you agree to pay USAttorneys.com the Listing Fee indicated for the county or counties in the practice area(s) you choose. Payments for Exclusive Listings will be charged on the day your Exclusive Listing goes into effect and will cover the term chosen by you.
By selecting a recurring payment for an Exclusive Listing, you agree to pay USAttorneys.com the Listing Fee indicated for the county or counties in the practice area(s) you choose each month for the term you select. You agree that any monthly payments will continue to be charged to your credit card on a recurring basis until the term expires.
By selecting a month-to-month recurring payment for an Exclusive Listing, you agree to pay USAttorneys.com the Listing Fee indicated for the county or counties in the practice area(s) you choose each month until you cancel services. USAttorneys.com must receive written notice of cancellation at least ten (10) days prior to your monthly billing date. All cancellations must be received in writing by email ([email protected]) or by U.S. mail (1001 West Cypress Creek Road, Suite 405, Fort Lauderdale, FL 33309). Exclusive Listing fees are nonrefundable.
If your payment method fails or your account is past due 15 or more days, USAttorneys.com may, without limiting any other rights and remedies available to USAttorneys.com,: (i) accelerate your unpaid fee obligations under this Agreement, such that all remaining unpaid Exclusive Listing Fees for the duration of the Term shall become immediately due and payable, (ii) suspend the Services by removing your Exclusive Listing from the https://probate-lawyers.usattorneys.com website, until such accelerated Exclusive Listing Fees are paid in full, and/or (iii) pursue legal action for monetary damages against you for breach of this Agreement. USAttorneys.com shall notify you if your account is overdue, by email to the email address you use for your account, or by U.S. Mail to the billing address you provide for credit card authorization, at least 7 days before removing you from the https://probate-lawyers.usattorneys.com website for nonpayment. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Exclusive Listing. USAttorneys.com reserves the right to charge and collect any remaining balance, including late charges. A late payment fee of 3% per month may apply for all late payments. USAttorneys.com shall have the right to disclose all information obtained from you to credit reporting agencies in the event of non-payment. You agree to submit any disputes or chargebacks regarding any charge to your account in writing to USAttorneys.com within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
This contract shall automatically renew on a month-to-month basis, unless previously canceled within 10 days written notice of the next bill date.
Acknowledgement of Advertising Risk: USAttorneys.com hereby covenants and agrees to use its best efforts to generate business as a result of the Services. However, You acknowledge and understand that exclusive listing on https://probate-lawyers.usattorneys.com is a form of advertising, and as such does not guarantee that you will receive new business as a result of the Services.
Transferability: In the event you sells your business to another party during the Term of this Agreement, You shall remain obligated to pay all unpaid the Exclusive Listing Fees under this Agreement. The Services may be transferable to another licensed professional in the Exclusive Listing Area; provided that you obtain the prior written consent of USAttorneys.com to any such transfer.
Indemnification: You agree to indemnify and hold harmless USAttorneys.com (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, losses, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) relating to or arising out of your use of or inability to use the Services. Violation of any of the terms of this Agreement or violation of any right of a third party or of any applicable laws, rules or regulations, the use or misuse or content displayed on your website. To qualify for such defense and payment, USAttorneys.com must: (i) give you prompt written notice of a claim; and (ii) allow you to control, and fully cooperate with you in, the defense and all related negotiations.
Disclaimer of Warranties: USAttorneys.com does not warrant that the services will meet your expectations or requirements. The entire risk as to the quality and performance is with you. Except as otherwise specified in this Agreement, USAttorneys.com provides its services as is and without warranty of any kind. The parties agree that (a) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (b) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this Agreement, and performance or inability to perform under this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Limitation of Liability: In no event shall USAttorneys.com be liable to you for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any breach of or performance under this Agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. USAttorneys.com makes no warranty of any kind, whether express or implied, with regard to any third party products, third party content or any software, equipment, or hardware obtained from third parties. Any claim or legal action arising out of failure, malfunction, defect or omission in the services provided hereunder must be brought within one (1) year of such occurrence, or any such claim shall be deemed waived. Any liability of USAttorneys.com to you arising out of or related to this agreement shall be limited to the fees paid by you under this Agreement.
Nondisclosure: USAttorneys.com will never sell your information to another entity, and will keep confidential all communications and information during the Term of this Agreement and subsequent to is expiration. At any time during or subsequent to the Term of this Agreement, you agree to keep in strictest confidence and trust all USAttorneys.com confidential information to which you have access. You will not use or disclose USAttorneys.com confidential information without the written consent of USAttorneys.com. You agree not to attack or criticize USAttorneys.com or any of its employees, associates or partners publicly (including on public forums, blogs, social networks, etc.) at any time during or subsequent to the Term of this Agreement. Similarly, you agree not to seek for SEO advice on SEO forums, blogs, community groups or any social media in a manner which portrays USAttorneys.com or any of its employees, associates or partners in a negative light. In case of breach of the terms of the non-disclosure agreement set forth in this paragraph, damages shall be immediately due and payable by you in an amount equal to the aggregate of all remaining payments under this Agreement, with no further obligation on the part of USAttorneys.com to provide any Services and/or access to Materials.
Force Majeure: Except for the obligation of payment by you, neither party shall be liable to the other for any default or breach caused by acts of God, civil unrest, strikes, labor disputes, governmental demands or requirements, or service interruptions from underlying telecommunications carriers or other service providers.
Waiver: No waiver of default or breach of any provision of this Agreement shall be deemed a waiver of any prior or subsequent default or breach of the same or any other provision of this Agreement.
Modification: No amendment to this Agreement shall be valid unless in writing and signed by both parties.
Collection Expenses: In the event any suit for non-payment by you, or any suit brought relating to a deposit made, the substantially prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party.
Governing Law: This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed, and interpreted in accordance with the laws of the State of Florida, without giving effect to principles of conflicts of law. Each of the parties hereto consents to the exclusive jurisdiction and venue of the courts of Ft Lauderdale, Florida. Each party waives any right to trial by jury for any action arising out of this agreement or relating to the Services or Materials.
Electronic Communications: When you use our sites and services, or send e-mails to us, you are communicating with USAttorneys.com electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Electronic Contracting: Your use of our sites and services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this service, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Consent to Electronic Call Recording: As part of ongoing customer service efforts, USAttorneys.com will periodically place quality control calls to your firm, for purposes of evaluating your tracking of inbound leads. You further understand that in connection with such customer service efforts, USAttorneys.com may, without further notice or warning and in its sole discretion, monitor or record telephone conversations with you or anyone acting on your behalf. You hereby consent to such call monitoring, and acknowledge that such consent is ongoing and shall not need to be confirmed prior to, or during, any individual monitoring or recording. You further acknowledge and understand that, while your communications with USAttorneys.com may be monitored or recorded without further notice or warning, not all telephone calls may be recorded by USAttorneys.com, and USAttorneys.com does not guarantee that recordings of any particular call will be retained or retrievable.
Registration and Account Information: Certain sections of this website may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Please note that we may store and process your personal information in systems located outside of your home country. Please view our Privacy Statement for more information about how we may store and use your personal information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In case of misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate. If you believe there has been unauthorized use, you must notify USAttorneys.com immediately.
Submission of Information: The website includes areas in which users may post content and information, including personal and business profile data, messages, comments, data, text, photos, blogs, graphics or other materials (the “User Content”). You are solely responsible for your use of such areas and use them at your own risk. By using the website, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the website any of the following:
- User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, including without limitation any personal profile information, recommendation, endorsement, rating or review of an attorney with whom you have not had direct, personal experience in a professional legal context or as a client of such attorney;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct or that would otherwise create liability or violate any local, state, national or international law or regulation;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Terms;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for legal services, legal service providers or lawyer referral services;
- Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of USAttorneys.com, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose USAttorneys.com or its users to any harm or liability of any type.
USAttorneys.com takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is USAttorneys.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Any use of the website in violation of the foregoing violates these Terms and may result in termination or suspension of your right to use the website. USAttorneys.com reserves the right to restrict or remove any User Content posted or stored on the website at any time and for any reason without notice.
Copyright, Trademark and Patent Notices: Except as otherwise expressly provided, all contents of our sites and services are copyrighted. All rights reserved. Any graphics, logos, page headers, button icons, scripts, and service names included in or made available through our sites and services are our trademarks (collectively, “our marks”). These Terms do not authorize you to use our marks or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by, or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with USAttorneys.com. One or more patents owned by us apply to our sites and services and to the features and services accessible via our sites and services.
Reservation of Rights in our Sites and Services: Subject to the limited rights expressly granted hereunder, USAttorneys.com reserves all rights, titles and interests in and to our sites and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Copyright: We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with USAttorneys.com’s Designated Copyright Agent:
Contact Information: If you have any questions about these Terms, or about the content, information or services on this website, you may contact us via our contact us page.