Information displayed on IALAWYERS.ORG is for general informational
purposes only, the information is not legal advice and is
not an endorsement or recommendation of any law firm, judge,
or attorney.
Iranian American Lawyers Association ("IALA") does
not represent or warrant that the listings, evaluations, or
other information found on IALA will be correct, accurate,
timely, or otherwise reliable. Do not act upon information
found on IALA as a replacement for legal advice provided by
a professional attorney in good standing and licensed to practice
in your jurisdiction. By visiting ialawyers.org, you agree
to these TERM OF USE (link this to a separate page which contains
the following)
IALA and IALAWYERS.ORG Terms of Use
Introduction; Your Agreement to
these Terms of Use.
Welcome to the IALA and IALAWYERS.ORG, ("IALA and IALAWYERS.ORG")
web site -and IALAWYERS.ORG- and any other web sites or services
owned or operated by IALA and IALAWYERS.ORG (the "IALA
and IALAWYERS.ORG Services"). The following Terms of
Use for the IALA and IALAWYERS.ORG Services is a legal contract
between you, either an individual subscriber, customer, member,
or user of at least 18 years of age or a single entity such
as a law school, ADR provider, or law firm ("You"
or, collectively, "Subscribers"), and IALA and IALAWYERS.ORG
regarding your use of the IALA and IALAWYERS.ORG Services.
The services hereunder are offered by IALA and IALAWYERS.ORG,
located at: PO BOX 976, 2355 Westwood Blvd. Los Angeles, CA 90064 and email: info@IALAWYERS.ORG
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING
FOR AND/OR ACCESSING, BROWSING, OR USING THE IALA AND IALAWYERS.ORG
SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD,
AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS,
INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS
(COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU
DO NOT AGREE TO THESE TERMS, THEN PLEASE IMMEDIATELY TERMINATE
YOUR USE OF THE IALA AND IALAWYERS.ORG SERVICES.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH IALA AND IALAWYERS.ORG
ON BEHALF OF A LAW FIRM, LAW SCHOOL, ADR PROVIDER, OR OTHER
COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “SUBSCRIBING
ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU:
(I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ENTITY
WITH THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS; (II)
HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS,
AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING
ORGANIZATION.
1. Important Disclaimers
1.1 Compliance with Laws.
You hereby represent, warrant, and agree to comply with all
laws, regulations, and rules applicable to your use of the
IALA and IALAWYERS.ORG Services in all jurisdictions, localities,
states, territories, and/or countries in which you or your
Subscribing Organization may practice law.
1.2 No Legal Advice. The
information displayed on and distributed through the IALA
and IALAWYERS.ORG Services is for general information purposes
only and is not legal advice, which is the application of
the law to a specific person’s particular facts and
circumstances. IALA and IALAWYERS.ORG is not a law firm and
its employees in no way represent you regarding any legal
matters or otherwise. Do not rely or act upon any of the information
found on the IALA and IALAWYERS.ORG Services as a replacement
for legal advice provided by a professional attorney in good
standing and licensed to practice in your jurisdiction. The
information displayed on and distributed through the IALA
and IALAWYERS.ORG Services is not intended to and in no way
establishes an attorney-client relationship between you and
IALA and IALAWYERS.ORG, its employees, or any of the attorneys
listed on IALA and IALAWYERS.ORG.
1.3 No Referrals or Recommendations.
IALA and IALAWYERS.ORG is not a referral service. Lawyers
and judges will be listed and evaluated regardless of whether
they pay a fee. IALA and IALAWYERS.ORG does not recommend,
endorse, or refer its Subscribers to attorneys; IALA and IALAWYERS.ORG
provides a self-service
web site where you choose an attorney at your own will and
sole risk. In addition, IALA and IALAWYERS.ORG does not and
has no involvement in: (a) any fees and expenses agreement
between you and your chosen attorney; (b) any attorney-client
relationships that you may form; (c) any potential conflicts
of interest between you, your matters, and your chosen attorney;
or (d) any confidential information shared by you with your
chosen attorney.
Searching the IALA and IALAWYERS.ORG database will guide you
to attorneys who fit the criteria you entered regardless of
whether that attorney has paid to be listed on our service.
It is solely your decision to determine which lawyer is best
for your circumstances and your use of IALA and IALAWYERS.ORG
constitutes a waiver of any claim against IALA and IALAWYERS.ORG
pertaining to your subsequent interaction with any lawyer
listed thereon.
Nothing contained on the IALA and IALAWYERS.ORG Services constitutes
a recommendation or endorsement of any product, service, site,
law firm, judge, or attorney. Any listing, name, content,
or material of any attorney or law firm found on the IALA
and IALAWYERS.ORG Services does not constitute any endorsement,
recommendation or referral of such firms or attorneys. That
an attorney obtains IALA and IALAWYERS.ORG’s highest
rating or yields the highest search result is not a recommendation
from IALA and IALAWYERS.ORG that you hire that attorney. When
deciding to hire any attorney or law firm you should do your
own independent research and not solely rely on the materials
found on IALA and IALAWYERS.ORG.
2. Privacy Notice. Your
privacy is important to IALA and IALAWYERS.ORG. IALA and IALAWYERS.ORG’s
Privacy Notice is hereby incorporated into these Terms by
reference. Please read this notice carefully for information
relating to IALA and IALAWYERS.ORG’s collection, use,
and disclosure of your personal information.
3. Individual Features and Services.
When using the IALA and IALAWYERS.ORG
Services, you will be subject to any additional posted guidelines
or rules applicable to specific services and features which
may be posted from time to time (the “Guidelines”).
All such Guidelines are hereby incorporated by reference into
these Terms.
4. Modification of these Terms.
IALA and IALAWYERS.ORG reserves the right, at our discretion,
to change, modify, add, or remove portions of these Terms
at any time. Please check these Terms and any Guidelines periodically
for changes. Your continued use of the IALA and IALAWYERS.ORG
Services after the posting of changes constitutes your binding
acceptance of such changes. For any material changes to these
Terms, such amended terms will automatically be effective
thirty days after they are initially posted on the IALA and
IALAWYERS.ORG Services.
5. Digital Millennium Copyright
Act. It is IALA and IALAWYERS.ORG’s policy to
respond to notices of alleged copyright infringement that
comply with the Digital Millennium Copyright Act. For more
information, please go to IALA and IALAWYERS.ORG’s DMCA
Notification Guidelines. IALA and IALAWYERS.ORG will promptly
terminate without notice any Subscriber’s access to
the IALA and IALAWYERS.ORG Services if that Subscriber is
determined by IALA and IALAWYERS.ORG to be a “repeat
infringer.” A repeat infringer is a Subscriber who has
been notified by IALA and IALAWYERS.ORG of infringing activity
violations more than twice and/or who has had a Subscriber
Evaluation or any other user-submitted content removed from
the IALA and IALAWYERS.ORG Services more than twice.
6. Subscriber Evaluations.
6.1 Definition of Subscriber
Evaluations. IALA and IALAWYERS.ORG permits Subscribers
to submit descriptive listings of their practice and/or law
firm (“Subscriber Listings”)
as well as reviews and evaluations of judges and lawyers (“Subscriber
Evaluations”). You understand that whether or
not such Subscriber Evaluations are published, IALA and IALAWYERS.ORG
does not guarantee any confidentiality with respect to any
Subscriber Evaluations. YOU ARE RESPONSIBLE FOR THE ACCURACY
OF THE SUBSCRIBER EVALUATIONS THAT YOU PROVIDE AND YOU MAY
BE HELD ACCOUNTABLE FOR ANY INACCURACIES OR FALSITIES.
6.2 Ownership, Limited License
Grants.
(a) Limited License Grant to
IALA and IALAWYERS.ORG. By submitting Subscriber Listings
and/or Subscriber Evaluations to the IALA and IALAWYERS.ORG
Services, you hereby grant to IALA and IALAWYERS.ORG a worldwide,
non-exclusive, transferable, assignable, fully paid-up, royalty-free,
perpetual, and irrevocable license to display, reproduce,
distribute, prepare derivative works of, and exploit your
Subscriber Listings and/or Subscriber Evaluations in any media
formats and through any media channels. You
understand and agree that you may not be able to update or
modify any evaluations, reviews, or listings once such information
is submitted through the IALA and IALAWYERS.ORG Services.
(b) Limited License Grant to
other IALA and IALAWYERS.ORG Users. By submitting Subscriber
Listings and/or Subscriber Evaluations to the IALA and IALAWYERS.ORG
Services, you also hereby grant to each user of the IALA and
IALAWYERS.ORG Services a non-exclusive license to access and
use your Subscriber Listings and/or Subscriber Evaluations
through the IALA and IALAWYERS.ORG Services.
(c) Required Rights in Subscriber
Evaluations. You are solely responsible for your Subscriber
Listings and/or Subscriber Evaluations and the consequences
of posting or publishing them. In connection with Subscriber
Listings and/or Subscriber Evaluations, you affirm, represent
and/or warrant that you created, own, or have the necessary
licenses, rights, consents, and permissions to use and to
authorize IALA and IALAWYERS.ORG and IALA and IALAWYERS.ORG’s
Subscribers to use your Subscriber Listings and/or Subscriber
Evaluations as necessary to exercise the licenses granted
by you in this section and in the manner contemplated by IALA
and IALAWYERS.ORG and these Terms.
(d) Subscriber Evaluations Representations.
In connection with Subscriber Listings and/or Subscriber Evaluations,
you further agree that you will not: (i) submit material that
is copyrighted, protected by trade secret laws or is otherwise
subject to third-party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights
or have permission from their rightful owner to post the material
and to grant IALA and IALAWYERS.ORG and its Subscribers all
of the license rights granted herein; (ii) publish falsehoods
or misrepresentations that could damage IALA and IALAWYERS.ORG
or any third party person or entity; (iii) submit material
that is defamatory, unlawful, obscene, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive,
demeaning with regard to sexual orientation, or encourages
conduct that would be considered a criminal offense, give
rise to civil liability, violate any law or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or
(iv) impersonate another person.
(e) Subscriber Evaluations Disclaimer.
You understand that when using the IALA and IALAWYERS.ORG
Services you will be exposed to Subscriber Listings and/or
Subscriber Evaluations from a variety of sources, and that
IALA and IALAWYERS.ORG is not responsible for the accuracy,
usefulness, or intellectual property rights of or relating
to such Subscriber Listings and/or Subscriber Evaluations.
You further understand and acknowledge that you may be exposed
to Subscriber Listings and/or Subscriber Evaluations that
are inaccurate, offensive, indecent or objectionable, and
you agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against IALA and IALAWYERS.ORG
with respect thereto. IALA and IALAWYERS.ORG does not endorse
any Subscriber Listings and/or Subscriber Evaluations or any
opinion, recommendation or advice expressed therein, and IALA
and IALAWYERS.ORG expressly disclaims any and all liability
in connection with Subscriber Listings and/or Subscriber Evaluations.
If notified by a Subscriber or a content owner of a Subscriber
Listing and/or Subscriber Evaluation that allegedly does not
conform to these Terms, IALA and IALAWYERS.ORG may investigate
the allegation and determine in its sole discretion whether
to remove the Subscriber Listing and/or Subscriber Evaluation,
which it reserves the right to do at any time and without
notice. For clarity, IALA and IALAWYERS.ORG does not permit
copyright infringing activities on the IALA and IALAWYERS.ORG
Services.
7. Prohibited Conduct
– BY USING THE IALA AND IALAWYERS.ORG SERVICES YOU AGREE
NOT TO:
7.1 post, upload, or distribute any defamatory, libelous,
or inaccurate Subscriber Listings and/or Subscriber Evaluations
or other content;
7.2 post, upload, or distribute any Subscriber Listings and/or
Subscriber Evaluations or other content that is unlawful or
that a reasonable person could deem to be objectionable, offensive,
indecent, pornographic, harassing, threatening, embarrassing,
distressing, vulgar, hateful, racially or ethnically offensive,
demeaning with regard to sexual orientation, or otherwise
inappropriate;
7.3 impersonate any person or entity, falsely claim an affiliation
with any person or entity, or access the IALA and IALAWYERS.ORG
Services accounts of others without permission, forge another
persons’ digital signature, misrepresent the source,
identity, or content of information transmitted via the IALA
and IALAWYERS.ORG Services, or perform any other similar fraudulent
activity;
7.4 make unsolicited offers, advertisements, proposals, or
send junk mail to other Subscribers of the IALA and IALAWYERS.ORG
Services. This includes, but is not limited to, unsolicited
advertising, promotional materials, or other solicitation
material, bulk mailing of commercial advertising, chain mail,
informational announcements, charity requests, and petitions
for signatures;
7.5 use the IALA and IALAWYERS.ORG Services for any illegal
purpose, or in violation of any local, state, national, or
international law, including, without limitation, laws governing
intellectual property and other proprietary rights, and data
protection and privacy;
7.6 defame, harass, abuse, threaten or defraud users of the
IALA and IALAWYERS.ORG Services, or collect, or attempt to
collect, personal information about third parties without
their consent, or use the IALA and IALAWYERS.ORG Services
for any commercial use, it being understood that the IALA
and IALAWYERS.ORG Services are for personal, non-commercial
use only;
7.7 use the IALA and IALAWYERS.ORG Services if you are under
the age of eighteen (18) years old;
7.8 fail to deliver payment for any products or services that
you purchase through the IALA and IALAWYERS.ORG Services;
7.9 remove, circumvent, disable, damage or otherwise interfere
with security-related features of the IALA and IALAWYERS.ORG
Services, features that prevent or restrict use or copying
of any content accessible through the IALA and IALAWYERS.ORG
Services, or features that enforce limitations on the use
of the IALA and IALAWYERS.ORG Services; or
7.10 intentionally interfere with or damage operation of the
IALA and IALAWYERS.ORG Services or any user’s enjoyment
of them, by any means, including uploading or otherwise disseminating
viruses, worms, or other malicious code.
8. Account; Payment Terms
8.1 Account. THE IALA
AND IALAWYERS.ORG SERVICES ARE NOT AVAILABLE TO PERSONS UNDER
THE AGE OF 18 OR TO ANY SUBSCRIBERS PREVIOUSLY SUSPENDED OR
REMOVED FROM THE IALA AND IALAWYERS.ORG SERVICES BY IALA AND
IALAWYERS.ORG. When you subscribe to the IALA and IALAWYERS.ORG
Services and/or purchase a listing or any products, services,
or information from the IALA and IALAWYERS.ORG Services, you
will be asked to provide a password. You are solely 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. You agree that the information you
provide to IALA and IALAWYERS.ORG on registration and at all
other times will be true, accurate, current, and complete.
You also agree that you will ensure that this information
is kept accurate and up-to-date at all times. If you have
reason to believe that your account is no longer secure (e.g.,
in the event of a loss, theft or unauthorized disclosure or
use of your account ID, password, or any credit, debit or
charge card number, if applicable), then you agree to immediately
notify IALA and IALAWYERS.ORG. You may be liable for the losses
incurred by IALA and IALAWYERS.ORG or others due to any unauthorized
use of your IALA and IALAWYERS.ORG Services account. Please
contact IALA and IALAWYERS.ORG at accounts@IALA and IALAWYERS.ORG.com
with any questions regarding your account.
8.2 Payment Terms. You
are responsible for paying all fees and applicable taxes associated
with the IALA and IALAWYERS.ORG Services in a timely manner
and with a valid payment method. All payments must be made
as directed by IALA and IALAWYERS.ORG. You agree to pay for
any listings, products, services, advertisements, or information
that you purchase through the IALA and IALAWYERS.ORG Services,
and we may charge your selected payment method for any such
fees owed. You are required to keep your billing information
current, complete, and accurate (e.g., a change in billing
address, credit card number, or expiration date) and to notify
IALA and IALAWYERS.ORG if your selected payment method is
cancelled (e.g., for loss or theft). You are responsible for
all charges incurred under your account made by you or anyone
who uses your account (including your children, family, or
friends). If your payment method fails or your account is
past due, we may collect fees owed using other collection
mechanisms. Your account may be deactivated without notice
to you if payment is past due, regardless of the dollar amount.
You are also responsible for paying any governmental taxes
imposed on your purchases from or use of the IALA and IALAWYERS.ORG
Services, including, but not limited to, sales, use, or value-added
taxes. To the extent that IALA and IALAWYERS.ORG is obligated
to collect such taxes, the applicable tax will be added to
your account.
9. Termination; Terms of Use
Violations.
You agree that IALA and IALAWYERS.ORG, in its sole discretion
and for any or no reason, may terminate any account (or any
part thereof) you may have with IALA and IALAWYERS.ORG or
your use of the IALA and IALAWYERS.ORG Services and remove
and discard all or any part of your account, Subscriber profile,
and any Subscriber Evaluation, at any time. IALA and IALAWYERS.ORG
may also in its sole discretion and at any time discontinue
providing access to the IALA and IALAWYERS.ORG Services, or
any part thereof, with or without notice. You agree that any
termination of your access to the IALA and IALAWYERS.ORG Services
or any account you may have or portion thereof may be effected
without prior notice, and you agree that IALA and IALAWYERS.ORG
will not be liable to you or any third party for any such
termination. Any suspected fraudulent, abusive or illegal
activity may be referred to appropriate law enforcement authorities.
These remedies are in addition to any other remedies IALA
and IALAWYERS.ORG may have at law or in equity. As discussed
herein, IALA and IALAWYERS.ORG does not permit copyright infringing
activities on the IALA and IALAWYERS.ORG Services, and will
terminate access to the IALA and IALAWYERS.ORG Services, and
remove all Subscriber Evaluations or other content submitted
by any Subscribers who are found to be repeat infringers.
10. Ownership; Proprietary Rights.
The IALA and IALAWYERS.ORG Services are owned and operated
by IALA and IALAWYERS.ORG. The visual interfaces, graphics,
design, compilation, information, computer code, products,
software, services, and all other elements of the IALA and
IALAWYERS.ORG Services provided by IALA and IALAWYERS.ORG
(the “Materials”) are protected by United States
copyright, trade dress, patent, and trademark laws, international
conventions, and all other relevant intellectual property
and proprietary rights, and applicable laws. Except for any
Subscriber Evaluations, which are provided and owned by Subscribers,
all Materials contained on the IALA and IALAWYERS.ORG Services
are the property of IALA and IALAWYERS.ORG or its subsidiaries
or affiliated companies and/or third-party licensors. All
trademarks, service marks, and trade names are proprietary
to IALA and IALAWYERS.ORG or its affiliates and/or third-party
licensors. Except as expressly authorized by IALA and IALAWYERS.ORG,
you agree not to sell, license, distribute, copy, modify,
publicly perform or display, transmit, publish, edit, adapt,
create derivative works from, or otherwise make unauthorized
use of the Materials.
11. Indemnification.
You agree to indemnify, save, and hold IALA and IALAWYERS.ORG,
its affiliated companies, contractors, employees, agents and
its third-party suppliers, licensors, and partners harmless
from any claims, losses, damages, liabilities, including legal
fees and expenses, arising out of your use or misuse of the
IALA and IALAWYERS.ORG Services, any violation by you of these
Terms, or any breach of the representations, warranties, and
covenants made by you herein. IALA and IALAWYERS.ORG reserves
the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify
IALA and IALAWYERS.ORG, and you agree to cooperate with IALA
and IALAWYERS.ORG’s defense of these claims. IALA and
IALAWYERS.ORG will use reasonable efforts to notify you of
any such claim, action, or proceeding upon becoming aware
of it.
12. Third-Party Sites, Products
and Services; Links.
The IALA and IALAWYERS.ORG Services may include links or references
to other web sites or services solely as a convenience to
Subscribers (“Reference Sites”). IALA and IALAWYERS.ORG
does not endorse any such Reference Sites or the information,
materials, products, or services contained on or accessible
through Reference Sites. In addition, your correspondence
or business dealings with, or participation in promotions
of, advertisers found on or through the IALA and IALAWYERS.ORG
Services are solely between you and such advertiser. ACCESS
AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS,
PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES
IS SOLELY AT YOUR OWN RISK.
13. Disclaimers; No Warranties.
THE IALA AND IALAWYERS.ORG SERVICES AND ANY DATA, INFORMATION,
THIRD-PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR APPLICATIONS
MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE IALA AND
IALAWYERS.ORG SERVICES ARE PROVIDED “AS IS” AND
“AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, IALA AND IALAWYERS.ORG AND ITS
SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS.
IALA AND IALAWYERS.ORG, ITS SUPPLIERS, LICENSORS, AFFILIATES,
AND PARTNERS DO NOT WARRANT THAT THE DATA, INFORMATION, OR
FUNCTIONS OFFERED ON THE IALA AND IALAWYERS.ORG SERVICES OR
ANY REFERENCE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE IALA AND
IALAWYERS.ORG SERVICES OR THE SERVER THAT MAKES IT AVAILABLE
IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IALA AND IALAWYERS.ORG, ITS SUPPLIERS, LICENSORS, AFFILIATES,
AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE IALA AND IALAWYERS.ORG
SERVICES (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY INFORMATION
PERTAINING TO LAW FIRMS, ATTORNEYS, OR JUDGES) OR ANY REFERENCE
SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR
OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE
IALA AND IALAWYERS.ORG SERVICES OR ANY REFERENCE SITES 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 SUCH MATERIAL OR DATA.
14. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
WILL IALA AND IALAWYERS.ORG OR ITS AFFILIATES, CONTRACTORS,
EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT
ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR
LOSS OF ANTICIPATED PROFITS) ARISING OUT OF OR RELATING TO
THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY
TO USE THE MATERIALS ON THE IALA AND IALAWYERS.ORG SERVICES
OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH IALA
AND IALAWYERS.ORG, EVEN IF IALA AND IALAWYERS.ORG OR A IALA
AND IALAWYERS.ORG AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN SUCH CASES, IALA AND IALAWYERS.ORG’S
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
IN NO EVENT WILL IALA AND IALAWYERS.ORG OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS,
OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS
OR YOUR USE OF THE IALA AND IALAWYERS.ORG SERVICES OR ANY
REFERENCE SITES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS
WITH ANY LAW FIRMS, ATTORNEYS, OR JUDGES FOUND BY YOU ON THE
IALA AND IALAWYERS.ORG SERVICES OR WITH OTHER THE IALA AND
IALAWYERS.ORG SERVICES SUBSCRIBERS, (WHETHER IN CONTRACT,
TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE IALA AND
IALAWYERS.ORG SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE
TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES
SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD
PARTIES OTHER THAN IALA AND IALAWYERS.ORG AND RECEIVED THROUGH
OR ADVERTISED ON THE IALA AND IALAWYERS.ORG SERVICES OR RECEIVED
THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT IALA AND IALAWYERS.ORG HAS
OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED
INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS
AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE
WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET
FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK
BETWEEN YOU AND IALA AND IALAWYERS.ORG, AND THAT THE WARRANTY
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN
FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND IALA
AND IALAWYERS.ORG.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
15. Miscellaneous.
15.1 Notice. IALA and IALAWYERS.ORG may provide you with notices,
including those regarding changes to IALA and IALAWYERS.ORG’s
terms and conditions, by email, regular mail or postings on
the IALA and IALAWYERS.ORG Services. Notice will be deemed
given twenty-four hours after email is sent, unless IALA and
IALAWYERS.ORG is notified that the email address is invalid.
Alternatively, we may give you legal notice by mail to a postal
address, if provided by you through the IALA and IALAWYERS.ORG
Services. In such case, notice will be deemed given three
days after the date of mailing. Notice posted on the IALA
and IALAWYERS.ORG Services is deemed given 30 days following
the initial posting.
15.2 Waiver. The failure of IALA and IALAWYERS.ORG to exercise
or enforce any right or provision of these Terms will not
constitute a waiver of such right or provision. Any waiver
of any provision of these Terms will be effective only if
in writing and signed by IALA and IALAWYERS.ORG.
15.3 Governing Law. These Terms will be governed by and construed
in accordance with the laws of the State of California, without
giving effect to any principles of conflicts of law.
15.4 Jurisdiction. You agree that any action at law or in
equity arising out of or relating to these Terms or IALA and
IALAWYERS.ORG will be filed only in the state or federal courts
in and for Los Angeles County, California, and you hereby
consent and submit to the personal and exclusive jurisdiction
of such courts for the purposes of litigating any such action.
15.5 Severability. If any provision of these Terms or any
Guidelines is held to be unlawful, void, or for any reason
unenforceable, then that provision will be limited or eliminated
from these Terms to the minimum extent necessary and will
not affect the validity and enforceability of any remaining
provisions.
15.6 Assignment. These Terms and related Guidelines, and any
rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by IALA and IALAWYERS.ORG
without restriction.
15.7 Survival. Upon termination of these Terms, any provision
which, by its nature or express terms should survive, will
survive such termination or expiration, including, but not
limited to, Sections 1, 4, 6, 8, and 9 through 15 herein.
15.8 Headings. The heading references herein are for convenience
purposes only, do not constitute a part of these Terms, and
will not be deemed to limit or affect any of the provisions
hereof.
15.9 Entire Agreement. This is the entire agreement between
you and IALA and IALAWYERS.ORG relating to the subject matter
herein and will not be modified except in a writing, signed
by both parties, or by a change to these Terms or Guidelines
made by IALA and IALAWYERS.ORG as set forth in Section 4 above.
15.9 Entire Agreement. This is the entire agreement between
you and IALA and IALAWYERS.ORG relating to the subject matter
herein and will not be modified except in a writing, signed
by both parties, or by a change to these Terms or Guidelines
made by IALA and IALAWYERS.ORG as set forth in Section 4 above.
15.10 Claims. YOU AND IALA AND IALAWYERS.ORG AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IALA AND
IALAWYERS.ORG SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.
15.11 Disclosures. The services hereunder are offered by IALA
and IALAWYERS.ORG Inc., located at: 600 Wilshire Boulevard,
Suite 800, Los Angeles, CA 90017 and email: info@IALA and
IALAWYERS.ORG.com. If you are a California resident, you may
have this same information emailed to you by sending a letter
to the foregoing address with your email address and a request
for this information.
IALA and IALAWYERS.ORG DMCA Notification
Guidelines
Digital Millennium Copyright Act Compliance.
It is IALA and IALAWYERS.ORG’s policy to respond to
notices of alleged infringement that comply with the Digital
Millennium Copyright Act. If you are a copyright owner or
an agent thereof, and you believe that any content hosted
on the IALA and IALAWYERS.ORG Service infringes your copyrights,
then you may submit a notification pursuant to the Digital
Millennium Copyright Act (“DMCA”) by providing
IALA and IALAWYERS.ORG’s Designated Copyright Agent
with the following information in writing:
- A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed;
- Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works on the IALA
and IALAWYERS.ORG Services are covered by a single notification,
a representative list of such works on the IALA and IALAWYERS.ORG
Services;
- Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit IALA and IALAWYERS.ORG
to locate the material;
- Information reasonably sufficient to permit IALA and
IALAWYERS.ORG to contact the complaining party, such as an
address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith
belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the
law (for example, “I am under the good faith belief
that the use of the copyrighted content that is identified
herein is not authorized by the copyright owner, its agent,
or the law.”); and
- A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed (for example, “I swear,
under penalty of perjury, that the information in this notification
is accurate and that I am the copyright owner, or authorized
to act on behalf of the copyright owner, of the copyright(s)
that is allegedly infringed by the aforementioned content.”).
IALA and IALAWYERS.ORG’s Designated Copyright Agent
to receive notifications of claimed infringement can be reached
as follows:
Attention: IALA and IALAWYERS.ORG Inc. Copyright
Agent at PO BOX 976, 2355 Westwood Blvd. Los Angeles, CA 90064 or by email at copyright@ IALAWYERS.ORG For
clarity, only DMCA notices should go to the IALA and IALAWYERS.ORG
Designated Copyright Agent. Any other feedback, comments,
requests for technical support or other communications should
be directed to IALA and IALAWYERS.ORG customer service through
info@ IALAWYERS.ORG You acknowledge that if you fail to comply
with all of the requirements of this section, your DMCA notice
may not be valid.
Please note that under Section 512(f) of the DMCA,
any person who knowingly materially misrepresents that material
or activity is infringing may be subject to liability.
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