PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (“THIS AGREEMENT”) CAREFULLY BEFORE USING The Injury Attorney Network Corporation WEBSITE or any of its services (collectively, the “Site”, “We”, “Us” or “TIANC”). This Agreement is a binding contract between you and Us, explaining your (and TIANC’s) rights under this Agreement, and We make certain disclosures required by the law.
This Site is used by various personal injury and tort Law Firms across New York State (the “Law Firms”) to (i) allow each such Law Firm to promote its own web site and practice, (ii) facilitate the general public’s ability to learn about law and interact with certain Law Firms. In addition, each Law Firm provides users with the ability to submit information about their specific case, and to request to be contacted by such Law Firm to discuss their case and to possibly hire it to represent them. You acknowledge and agree that TIANC does not refer attorneys or Law Firms, and does not endorse or recommend any Law Firms.
TIANC does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer or Law Firm. Lawyers and Law Firms are included solely based upon the payment of a subscription fee. It is your decision alone whether or not to work with a particular Law Firm.
TIANC itself is not a Law Firm. TIANC does not receive any portion of any lawyer’s or Law Firm’s fees; and any arrangements subsequently made by you and any lawyer or Law Firm are strictly between you and the Law Firm you select, and does not involve TIANC in any way. You understand that TIANC, and to the extent applicable, its licensors, does nothing more than: (a) license the use of this Site to Law Firms to allow such Law Firms to better market their respective practices, and, (b) in certain instances, provide various ancillary support services.
THIS WEBSITE IS AN ADVERTISEMENT OF LEGAL SERVICES. All of the materials and information on the Site are provided for informational purposes only, and may not reflect current legal developments or variances in the law of different jurisdictions. Nothing on the Site should be construed as legal advice or used as a substitute for legal advice. A Law Firm may provide legal advice to you in the event you choose to engage such Law Firm to serve as your legal counsel. The materials and information on the Site do not necessarily reflect the opinions of the Law Firms, their partners, employees, clients or affiliates. The information in the Site is not guaranteed to be correct, complete or up-to-date. The Site is not intended to, and does not, constitute or create an attorney-client relationship between you and any of the Law Firms, their partners, employees, agents or affiliates, or any other attorney associated with the Site. Additionally, the receipt of an e-mail from or a “post” on the Site does not create an attorney-client relationship. The applicable Law Firm is solely responsible for providing its services to you, and you agree that TIANC shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services (including, without limitation, claims based on malpractice). You agree that any claim arising out of your relationship with a Law Firm or attorney shall be brought solely against such Law Firm or attorney; and neither TIANC nor any of its licensors or affiliates shall be included within any such claim.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE SITE WITHOUT SEEKING AND RETAINING THE ADVICE OF AN ATTORNEY.
Submission of Information
Participation in the Site
By submitting information to, reading, participating, or otherwise using the Site, you agree that you will abide by the following rules:
You may only use the Site in good faith and not to transmit, post or provide any information or other material such as statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, Content) that is false or misleading or that you do not have a lawful right to make available (such as inside information, proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement), to threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity’s intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive. If you provide any Content that is untrue, inaccurate, not current or incomplete or otherwise violates these rules, we have the right to suspend or terminate your participation in the Site and/or refuse any and all current or future use of the Site.
You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).
You are prohibited from using any type of computer “worm,” “virus” or any other device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the Site. If you do engage in such conduct, the resulting damage will be hard to quantify as a dollar amount and thus you hereby agree to pay us liquidated damages in the amount of $5,000 for each day that the Site is damaged until the Site is completely repaired. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable site, and (2) the time and money it will take to repair the Site and to address the concerns of visitors. We are required to use reasonable efforts to repair the Site as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated herein.
You are not permitted to collect or store personal data about other users or to access the Site for the purpose of data mining or extracting content from the Site beyond your personal end use.
You are permitted to use the Site to find an attorney or Law Firm to perform legal services for you related to your legal issue and to obtain general information (each, a “Permissible Use”). You are not permitted to use the Site for any other reason other than a Permissible Use. Impermissible uses include, without limitation, using the Site in order to solicit, hire, engage or otherwise work with the employees or affiliates of TIANC or the attorneys or Law Firms, to interfere or attempt to interfere in the relationship between TIANC and such employees, affiliates, attorneys, or Law Firms, or for any other purpose other than described herein (each, an “Impermissible Use”). If you do engage in such conduct, the resulting damage will be hard to quantify as a dollar amount and thus you hereby agree to pay us liquidated damages in the amount of $10,000 for each Impermissible Use. You further agree that this liquidated damages provision reasonably approximates actual costs, losses, and expenses that would be incurred by TIANC due to any such Impermissible Use. You also agree that nothing in this section is intended to limit TIANC’s right to obtain injunctive and other relief as may be appropriate.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
You understand and agree that you are solely responsible for all Content that you upload, post, email or otherwise transmit via the Site. We do not control Law Firms’ content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is created by a Lawfirm which is inaccurate or subject to misinterpretation. Under no circumstances will we be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site.
You acknowledge that we may or may not pre-screen user content, but that we and TIANC’s designees shall have the right (but not the obligation) in TIANC’s sole discretion to prescreen, refuse, move or remove any user content that is available via the Site, which is objectionable in TIANC’s sole discretion.
Intellectual Property Rights
The Site and any necessary software used in connection with the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. 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 TIANC’s licensors, as applicable. No part of the materials including graphics or logos, available in this Site may be copied, photocopied, reproduced, translated, modified or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission.
You shall not distribute on or through the Site or to any persons or entities identified via the Site any content or material containing solicitations or advertising of any kind without TIANC’s express prior written permission.
Any and all claims arising out of your use of any service listed in this portion of this Site shall be limited to the particular service provider with which you have an issue, and TIANC shall not be liable for any costs, damages or expenses incurred by you on account of your electing to work with any of the Law Firms listed on this Site. You agree to indemnify and hold us, and TIANC’s 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 TIANC account or password.
By using the Site, you do not acquire any rights to the Site other than the limited right to use the Site to research and identify one or more Law Firms to represent you in a tort or personal injury claim. We may also, in TIANC’s 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.
Third-Party Content and Links to other Websites
Third-party content may appear on this Site or may be accessible via hyperlinks from this Site to other websites. We are not responsible for and assume 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 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 us nor does it reflect TIANC’s beliefs.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Disclosures Regarding Attorney Advertising.
Because this site is a form of Law Firm advertising, please read the following carefully:
THIS IS AN ADVERTISEMENT. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Hiring a lawyer is an important process that should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
None of the Law Firms operate as a lawyer-advertising cooperative, lawyer referral service, or similar organization the business or activities of which include the referral of customers.
Before you decide to hire any of the Law Firms, ask them to send you free written information about their qualifications and experience. Additional information about the lawyers or Law Firms may also be obtained by contacting the Bar Association in the County and State in which such Law Firms are licensed and operate their practice.
No representation is made that the quality of the legal services to be performed by TIANC’S subscriber Law Firms is greater than the quality of legal services performed by other lawyers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. We urge all potential clients to make their own independent investigation and evaluation of any lawyer being considered.
TIANC’S advertising Law Firms may include descriptions of successful lawsuits brought by them. These descriptions are not meant to create any unjustified expectations that similar results can be obtained for others, as each case turns on its own specific factual and legal circumstances. No attorney can guarantee the success of a case and past successes even in very similar lawsuits do not mean that success in a subsequent case is guaranteed or even likely. Past success cannot be an assurance of future success because each case must be decided on its own merits. Results depend upon a variety of factors unique to each case.
The material on this Site is not intended to, and does not, include any advertisements for legal services that contain dramatizations, testimonials or endorsements. The images and pictures on this site are not meant to represent or depict actual persons or events, but rather are merely provided for illustrative purposes only.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN “AS-IS/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, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE SITE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH AN ATTORNEY OR LAW FIRM,NON-INFRINGEMENT, THAT THE INFORMATION ON THE SITE IS ACCURATE OR COMPLETE OR THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE. NEITHER TIANC NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY LAW FIRM, INCLUDING, WITHOUT LIMITATION, ANY LAW FIRM’S ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
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.
ANY MATERIAL DOWNLOADED 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.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT
Limitation of 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 OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR 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.
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.
Choice of Forum
Any disputes arising out or related to use of this Site, this Agreement and/or the relationship between you and us shall be submitted to arbitration in New York, New York carried out in accordance with the rules of the American Arbitration Association.
Waiver and Severability of Terms
TIANC 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. The section titles in this agreement are for convenience only and have no legal or contractual effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, this Agreement and/or the relationship between you and us must be filed within one (1) year after such claim or cause of action arose or be forever barred.