|
Terms of Use |
| |
|
1. |
USE. You are granted a non-exclusive,
nontransferable, revocable license (1) to access and use
the pstlawoffice.com website (“Site”) strictly in
accordance with these Terms and Conditions; (2) to use
the Site solely for internal, personal, noncommercial
purposes; and (3) to print out discrete information and
search results from the Site solely for internal,
personal, noncommercial purposes and provided that you
maintain all copyright and other notices contained
therein. |
| |
|
| 2. |
ACKNOWLEDGEMENT. You acknowledge and agree that the
Site and any necessary software used in connection with
the Site may contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. Except for the limited license
contained in the preceding paragraph, nothing in these
Terms and Conditions 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 Site and its content belong to us, or our
licensers, as applicable. No part of the materials
including graphics or logos, available in this Site may
be copied, photocopied, reproduced, translated or
reduced to any electronic medium or machine-readable
form, in whole or in part, without specific permission.
Except as expressly authorized by us, you further agree
not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Site or the
software, in whole or in part.
|
| |
|
| 3. |
INDEMNIFICATION. You agree to indemnify and hold us,
and our licensors, subsidiaries, affiliates, equity
holders, directors, officers, agents, third party
contractors and employees, harmless from all damages,
costs, liabilities, and any claim or demand made by any
third party, including reasonable attorney's fees due to
or arising out of Content you submit, post to or
transmit through the Site, your use of the Site, your
connection to the Site, your violation of this
agreement, or your violation of any rights of another
person, or due to or arising from such activities
carried out by a person using your pstlawoffice.com
account or password, with your knowledge. |
| |
|
| 4. |
SOLE RISK. You expressly understand and agree that
your use of the Site is at your sole risk. All content
and services on this Site is provided solely on an
“as-is” or “as-available” basis. To the extent permitted
by applicable law, we expressly disclaim all warranties
of any kind, whether express or implied, including, but
not limited to the implied warranties and conditions of
merchantability, satisfactory quality, fitness for a
particular purpose or use and non-infringement. |
| |
|
| 5. |
NO REPRESENTATIONS. Without limiting the generality
of the foregoing, we make no representation or warranty
that: (i) the content and service of this Site will meet
your requirements; (ii) the content and service of this
Site will be uninterrupted, timely, secure, or
error-free; (iii) the results that may be obtained from
the use of the Site will be accurate or reliable, or
(iv) the quality of any products, services, information,
or other material purchased or obtained by you through
the Site is accurate or will meet your expectations. |
| |
|
| 6. |
NO GUARANTEES. We do not guaranty the accuracy or
completeness of any content or services and we do not
guaranty in any services or goods associated with the
Site will be error-free or uninterrupted, or that any
service or good will continue to be available. |
| |
|
| 7. |
ASSUMPTION OF RISK. Any material downloads or
otherwise obtained through the use of the service is
done 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
any such material. |
| |
|
| 8. |
NO WARRANTIES. No information, whether oral or
written, obtained by you from us or through or from the
Site shall create any warranty not expressly state in
this Agreement. |
| |
|
| 9. |
LIMITED LIABILITY. You expressly understand and
agree that we shall not be liable for any, indirect,
incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of
revenues, profits, goodwill, use, data, failure to
realize expected savings, or other intangible losses
(even if we have been advised of the possibility of such
damages), resulting from: (i) the use of the inability
to use the Site; (ii) the cost of procurement of
substitute goods and services resulting from any goods,
data, information or services purchase or obtained or
messages received or transactions entered into through
or from the Site; (iii) invalid destinations,
transmission errors, or unauthorized access to or
alternation of your transmissions or data; (iv)
statements of conduct of any third party on the Site;
(v) your failure to receive any third party services or
products requested through the Site; or (vi) any other
matter relating to the site. In no event are we liable
to you for an amount in excess of the amount paid by you
to us for the services in question, if any. |
| |
|
| 10. |
EXCLUSIONS. Some jurisdictions do not allow the
exclusion of certain warranties or the limitation or
exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations of
the foregoing may not apply to you. |
| |
|
| 11. |
INFORMATION RELEASE. By submitting information to
us, you agree that we may release your contact
information and all information that may be submitted by
you to the participating law firms that advertise on
this Site or to non-participating law firms as part of
this Site’s marketing activities. You further agree and
understand that they may contact you directly should
they have any interest in discussing your case with you,
unless you request in writing your desire not to be
contacted. By accepting the submission of your
information, we do not offer any advice on whether you
may have a valid defense to your bankruptcy case. If,
after discussing your specific case with an attorney or
law firm and the attorney is willing to represent you in
the specific matter you have presented to them, they
will send you a retainer agreement that you will need to
sign and return before they can represent you in that
specific matter. If either the attorney or you do not
agree in writing to create an attorney-client
relationship, none will exist. In the meantime, you are
encouraged to seek and retain the advice of other
counsel so as to meet all applicable deadlines that
govern your bankruptcy case. |
| |
|
| 12. |
PRIVACY POLICY. Your personal information is subject
to our Privacy Policy, which is incorporated herein by
reference. |
| |
|
| 13. |
TERMINATION. By using the Site, you do not acquire
any rights to the Site other than the limited license to
use the Site that can be terminated in accordance with
this section. You agree that we, in our sole discretion,
may terminate your password, account (or any part
thereof) or use of the Site, and remove and discard any
Content within the Site, for any reason, including,
without limitation, non-payment, for lack of use, or if
we believe that you have violated or acted
inconsistently with the letter or spirit of this
agreement. We may also in our sole discretion and at any
time discontinue providing the Site, or any part
thereof, with or without notice. You agree that any
termination of your access to the Site under any
provision of this agreement may be effected without
prior notice, and acknowledge and agree that we may
immediately deactivate or delete your account and all
related Content information and files in your account
and/or bar any further access to such files or the Site.
Further, you agree that we shall not be liable to you or
any third-party for any termination of your access to
the Site. |
| |
|
| 14. |
ENTIRE AGREEMENT. This agreement constitutes the
entire agreement between you and us and governs your use
of the Site, superseding any prior agreements between
you and us. You also may be subject to additional terms
and conditions that may apply when you use or purchase
certain other services, affiliate services, third-party
content or third-party software. |
| |
|
| 15. |
WAIVER AND SEVERABILITY OF TERMS. Our failure to
exercise or enforce any right or provision of this
agreement shall not constitute a waiver of such right or
provision. If any provision of the agreement is found by
a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of
the agreement shall remain in full force and effect. |
| |
|
| 16. |
EXPENSES. Each of the parties will pay its own fees
and expenses, including its own counsel fees and
accountants' fees incurred in connection with this
Agreement or any transaction contemplated by this
Agreement. |
| |
|
| 17. |
GOVERNING LAW. This Agreement shall be governed by,
and construed in accordance with, the laws of the State
of Connecticut applicable to contracts executed in and
to be performed entirely within that State. All Actions
arising out of or relating to this Agreement shall be
heard and determined exclusively in any Connecticut
state or federal court. The parties hereto hereby (a)
submit to the exclusive jurisdiction of any state or
federal court sitting in the State of Connecticut for
the purpose of any Action arising out of or relating to
this Agreement brought by any party hereto, and (b)
irrevocably waive, and agree not to assert by way of
motion, defense, or otherwise, in any such Action, any
claim that it is not subject personally to the
jurisdiction of the above-named courts, that its
property is exempt or immune from attachment or
execution, or that this Agreement or the transactions
contemplated by this Agreement may not be enforced in or
by any of the above-named courts. |
|
|