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General Terms and Conditions
Attorney/Advertiser (herein after referred to as SUBSCRIBER) acknowledges that the sole obligation of Attorney-Directory-Online.com (herein after referred to as ADO) and the parties associated with operating the ADO website, is to display on this website the SUBSCRIBER content that he/she/they provide when registering on this website for a listing, in accordance with the terms of this Agreement.
By purchasing a listing subscription on ADO, whether month to month or yearly, SUBSCRIBER understands that the listing charges will automatically be billed to SUBSCRIBER's credit card each period. SUBSCRIBER further understands that ADO does not guarantee any particular order in which the attorney listings will appear on the various ADO search pages. ADO reserves the right to sell banner advertising space on the various ADO search pages.
SUBSCRIBER understands that once this Agreement is executed, if SUBSCRIBER elects to discontinue to advertise on ADO prior to expiration of the advertising term, there shall be no refund at all of the amount paid for the advertising period. Notwithstanding the foregoing, ADO may terminate this Agreement if SUBSCRIBER fails to pay any amount due hereunder and such non-payment remains uncured for ten (10) days. SUBSCRIBER will pay a 25.00 dollar service charge to ADO for any returned check. Advertising rates are subject to change; any rate changes will apply to any renewals requested by SUBSCRIBER after such rate change.
UNDER NO CIRCUMSTANCES shall ADO be liable to the SUBSCRIBER for indirect, incidental, consequential, special or exemplary damages (even if such damages are foreseeable, and whether or not ADO has been advised of the possibility of such damages) arising from any aspect of the relationship provided for herein. ADO shall in no event be liable to SUBSCRIBER for more than the total amount paid to ADO by SUBSCRIBER hereunder. ADO makes no representations, and hereby expressly disclaims all warranties, express or implied, regarding ADO's services or any portion thereof, including any implied warranty of merchantability of fitness for a particular purpose and implied warranties arrising from course of dealing or course of performance. Without limiting the generality of the foregoing, ADO specifically disclaims any warranty regarding (1) the number of persons who will access the ADO website, and (2) any benefit the SUBSCRIBER might obtain from the ADO website.
SUBSCRIBER is solely responsible for any legal liability arising out of or relating to SUBSCRIBER website and/or webpage. SUBSCRIBER represents and warrants that
(1) Their website complies with ADO's advertising standards;
(2) SUBSCRIBER is authorized to advertise legal services;
(3) all persons to be listed on the ADO website are duly licensed and qualified to practice law in the state or jurisdiction in which SUBSCRIBER has requested that they be listed and are in good standing with the appropriate bar associations;
(4) the listing of the SUBSCRIBER website will not violate any laws, rules or regulations or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity; and
(5) SUBSCRIBER's website complies with all laws, rules and regulations of the state, country or territory in which it is located.
SUBSCRIBER agrees to indemnify ADO and to hold ADO harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by ADO, based on any legal representation or advice provided by the SUBSCRIBER, its shareholders, agents or employees to any individual or entity who may have learned of SUBSCRIBER through its listing with ADO or arising out of or related to SUBSCRIBER's breach of any of the foregoing representations and warranties.
In the event that the person or persons listed by SUBSCRIBER on the ADO website directory are no longer in good standing with the appropriate bar association, SUBSCRIBER shall contact ADO immediately and ADO will be entitled to remove the listed person or persons who are no longer in good standing from the ADO website directory - no refund shall be given for subscription monies paid to ADO.
ADO intends the ADO directory to be operational 24 hours per day, 7 days a week. However, ADO does not guarantee that this will occur. Interruptions of service of less than two days will not be compensated. Longer interruptions will result in an extension of service as SUBSCRIBER's sole compensation for interruption.
ADO reserves the right to reject any advertising which is not consistent with ADO's standards or is otherwise detrimental to the purpose of the directory, as determined by ADO. In addition, ADO shall have the right, at any time, to remove any of SUBSCRIBER's advertising and/or terminate this Agreement if ADO determines, in its sole discretion, that the SUBSCRIBER's web site or any portion thereof (1) violates ADO's then applicable advertising policy; (2) violates any law, rule or regulation or if ADO is directed to do so by any law enforcement agency; or (3) is otherwise objectionable to ADO. ADO reserves the right to suspend any or all of the services provided for in this agreement at any time by providing 5 days notice of suspension. In the event of any such termination, ADO shall refund to SUBSCRIBER any unapplied fees, on a pro rata basis, which SUBSCRIBER has paid to ADO for display of the ADO website.
Copyright advertising furnished by SUBSCRIBER shall contain the proper copyright notice. SUBSCRIBER assumes sole responsibility for the protection of its copyright and any writing, pictorial, illustration, design, mat, map, photograph, or combination thereof owned by SUBSCRIBER and included in its website. ADO retains the ownership to any writing, pictorial, illustration, design, mat, map, photograph, software or combination thereof, that ADO provides in creating a website for SUBSCRIBER or in conjunction with SUBSCRIBER's listing on the ADO website.
ADO and SUBSCRIBER are independent contractors, and neither ADO nor SUBSCRIBER is an agent, representative or partner of the other. ADO may terminate this Agreement at any time in the event of material breach of this Agreement by SUBSCRIBER. This Agreement sets forth the entire agreement between SUBSCRIBER and ADO, and supersedes any and all prior agreements (whether written or oral) of ADO and SUBSCRIBER with respect to the subject matter set forth herein; provided, however, that all pricing will be governed by ADO. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. This Agreement shall be interpreted, construed and enforced in all respects in accordance with laws of the State of California, without regard to the actual state or country of incorporation or residence of SUBSCRIBER.
It is agreed that the price for the requested advertising is based in part on the understanding that the SUBSCRIBER irrevocably consents to the exclusive jurisdiction of the courts of the State of California and the federal courts situated in the State of California in connection with any action arising under this Agreement. SUBSCRIBER may not assign this Agreement, in whole or in part. It is further agreed that should any portion of this agreement be deemed invalid, it shall not affect the enforceability of the remainder of this agreement.
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