Terms and Conditions of Use|
YOUR USE OF THE CUSTODY MATCHING SERVICE (HEREINAFTER REFERRED TO AS THE "SERVICE") AND THE CUSTODYMATCH.COM WEB SITE (HEREINAFTER REFERRED TO AS THE "WEB SITE"), CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND THE TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND TERMS AND THE TERMS AND CONDITIONS OF SERVICE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEB SITE AND SERVICE.
CUSTODY MATCH MAY UPDATE THIS AGREEMENT (TERMS AND CONDITIONS OF USE AND TERMS AND CONDITIONS OF SERVICE) AT ANYTIME AND WILL POST THE UPDATES ON THE WEB SITE.
1. Purpose of Web Site
This Web Site is a service made available by CustodyMatch.com ("Provider"). The information within the Web Site is for informational and educational purposes only and is not to be construed as legal advice. Although care has been taken to provide accurate and quality information, the general ideas, principles and information presented at this Web Site may differ depending on the situation, location, state and federal laws, regulations, and court cases. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult legal counsel in his or her jurisdiction regarding the applicability of any information obtained through this Web Site to any specific problem. This Web Site should not be used as a substitute for legal advice from a licensed attorney.
2. Attorneys Listings
This Web Site also contains a service (the "Service") that allows people to post their divorce and/or custody case (hereinafter referred to as "Posters") and receive feedback from attorneys and law firms (hereinafter referred to as "Listees") that practice in the family law area. The Listees provide the information in the Service. Provider does not warrant the validity of the information, nor does it guarantee the quality of the work product of the Listees. The determination of the need for legal services and the choice of a attorney or law firm are important decisions and should not be based solely upon listings or a Listee’s self-proclaimed areas of practice. Provider does not guarantee the content of the listings that are provided by the Listees or any links to the Web Site have been reviewed. Provider is not responsible for any material or information contained in the linked sites or provided by Listees. A description or indication of limitation of practice by a attorney does not mean that any agency or board has certified such attorney as a specialist or expert in any indicated field of law, nor does it mean that such attorney is necessarily any more expert or competent than any other attorney. All users of the Web Site are encouraged to make their own independent investigation and evaluation of any Listee they might consider hiring for professional legal advice. Participants in the Services agree to additional terms and conditions of the Service.
3. Limited License and Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site and Service solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Web Site and Service solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.
4. Restrictions and Prohibitions on Use
5. Policy on Unsolicited Commercial Email
Provider does not authorize the use of the Web Site or Service for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to Listees or other third parties. Internet email sent to or through Provider’s computer systems or to Listees or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider’s computer systems is strictly prohibited. Email that is relayed to or through the Provider’s computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited bulk commercial email.
6. No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Web Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Any communications through the Web Site such as the transmission of an e-mail message to an attorney or from an attorney through the Web Site does not create an attorney-client relationship. Nothing submitted to this Web Site is treated as confidential. Provider does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Web Site. Your use of information on the Web Site, the Service, or materials linked from the Web Site is entirely at your own risk. Provider is not a law firm and the Web Site is not an Attorney "Referral Service". Listees pay a fee to Provider for their advertisement on the Web Site and Service. Any arrangements subsequently made by you and any attorney or law firm or Listee are strictly between you and such party and do not involve Provider in any way.
7. Intellectual Property Rights
Except for the limited license contained in paragraph 3 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to Provider, its licensors, or Listees, as applicable. For further information, see Copyright.
8. Electronic Commerce
The content on this Web Site, including but not limited to articles, the Service, and other resources and information, is for personal use only. Notwithstanding the foregoing, to the extent this Web Site provides any purchasing opportunities through electronic commerce, such buying opportunities may be made available for group as well as personal purchasing according to the particular terms thereof and so long as you are authorized to make purchases on behalf of such group.
9. No Solicitation
You shall not distribute on or through the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. Attorneys and law firms are prohibited from soliciting employment from prospective clients through the Web Site or any of its interactive features. In interactive forums made available through this Web Site, you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such. In no event may any person or entity solicit any Listees or create a directory of attorneys or law firms through this Web Site or with data retrieved from this Web Site.
You agree not to post, publish, upload or distribute in the interactive areas on this Web Site any messages, data, information, text, graphics, links or other material ("Postings") which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete your Posting at any time for any reason without notification or permission from you. Participants shall not misrepresent their information, identity or their affiliation with any person or entity. Participants in the Services agree to additional terms and conditions of the Service.
11. Attorney Ethics Notice
If you are an attorney, participating in any aspect of this Web Site or Service, including but not limited to, message boards, chat rooms or email forums you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these rules. You further agree and acknowledge that when you participate in any interactive area on the Web Site, including but not limited to email forums, chat groups and message boards, you will not offer legal advice and will not solicit employment from prospective clients.
12. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement
Provider 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 or links that allegedly infringe another person's copyright. Provider will terminate, in appropriate circumstances, any subscriber or user accounts that might exist with respect to Provider’s system or network who are repeat offenders of another’s copyrights. Notices to Provider regarding any alleged copyright infringement should be directed to firstname.lastname@example.org.
13. License of Your Content to Provider
By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
14. Linking to the Web Site
You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site, (b) you give Provider notice of such link by sending an e-mail to support(at)custodymatch(dot)com and (c) you discontinue providing links to this Web Site immediately upon request by Provider. If you wish to provide links to a section within the Web Site, you should forward your request to Provider at support(at)custodymatch(dot)com.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.
Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide Provider with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform Provider of any changes to that information by emailing support(at)custodymatch(dot)com. Each registration is for your personal use only, unless specifically designated otherwise on the registration page. Provider does not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing support(at)custodymatch(dot)com.
17. Handling/Use of Consumers Personally Identifiable Information (PII)
This Web Site and Service provides a client/attorney matching service. The consumers privacy is important to us. The Service allows the consumer to reveal his/her Personally Identifiable Information (PII) to attorney's he/she selected to present his/her case with. In particular, the consumer is asked, "Would you like to receive a phone call from the attorney(s) you selected that have been presented with your case?" If the consumer wishes to reveal his her Personally Identifiable Information to ALL attorneys he/she selected who have been presented with his/her case his/her first name, last name, phone number will be released to Custody Match Certified Attorney members who have an exclusive listing AND have agreed to the following terms and conditions regarding the handling/use of the consumers Personally Identifiable Information (PII): (1) You will not abuse the consumer's PII such as harassing him/her with excessive phone calls and voice messages, (2) you will not collect or store electronically or in any other format the consumers PII without consent of the consumer, (3) you will in no way use consumers PII in marketing efforts such as follow-ups, newsletters, e-newsletters, mailings, telemarketing, etc., (4) you will not sell, rent, or redistribute consumers PII, (5) you will not knowing contact a consumer such that it may create a conflict of interest as defined or suggested in the California Rules of Professional Conduct, California Business and Professions Code, and local County Bar Formal Opinions, (5) you understand your membership may be revoked without a refund if Web Site and Service receives a complaint from a consumer regarding the handling of his/her PII. If you do not agree to these terms and conditions with respect to the handling/use of consumers Personally Identifiable Information (PII) do not enable this feature in your account.
18. Errors and Corrections
Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time.
19. Third-Party Content
Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider.
THE WEB SITE AND SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEB SITE AND SERVICE ARE PROVIDED "AS IS," WITH ABSOLUTELY NO WARRANTIES WHATSOEVER. PROVIDER DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON THE WEB SITE AND IN THE SERVICE. PROVIDER DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEB SITE AND SERVICE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE WEB SITE AND SERVICE.
PROVIDER DISCLAIMS ANY WARRANTIES AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, (F) FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEB SITE AND SERVICE, AND (G) FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE AND SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEB SITE AND SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED OR OBTAINED THROUGH ANY LINKS PROVIDED IN THE WEB SITE AND SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEB SITE AND SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
21. LIMITATION OF LIABILITY AND DAMAGES
PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR SERVICE OR THE CONTENT; (B) USE OR MISUSE OF AND RELIANCE ON THE WEB SITE AND SERVICE; (C) FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEB SITE AND SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES); AND (D) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF (E) OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE AND SERVICE; (F) RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEB SITE AND SERVICE, AS WELL AS BY REASON OF ANY INFORMATION; (G) ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE AND SERVICE; (H) RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEB SITE AND SERVICE; (I) THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA; (J) PERFORMANCE OR NON-PERFORMANCE OF THE WEB SITE AND SERVICE; AND (K) ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEB SITE AND SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
22. Unlawful Activity
Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web Site, or your violation of any rights of a third party.
24. Remedies for Violations
Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider’s Web Sites and their features.
25. Governing Law, Jurisdiction and Non-Waiver
These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in state or federal courts located in California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
27. Severability of Provisions
These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.
29. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by THE WEB SITE and SERVICE.
30. Refund Policy
There are no refunds for services rendered or advertising unless otherwise stated in your advertising contract.
P.O. Box 2783
Mission Viejo, CA 92690-2783
Last Updated: September 14, 2007
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