The following are the Terms of Service for ATTORNEYCONNECT’s advertising and marketing services (the “Service”) including but not limited to, the ATTORNEYCONNECT directory and the ATTORNEYCONNECT mobile application service. This is a legal contract between you (either an individual or a bona fide business entity) and ATTORNEYCONNECT LLC, a Massachusetts company.
If you do not agree to the terms of this agreement, please do not purchase our service.
INTRODUCTION; LICENSE GRANT
1.1. Introduction. The Service enables customers (“you”) to promote, advertise, and/or market your legal services on the Internet or through mobile applications (“Apps”) to other users (“End-Users”). “End Users” can be individual users or your clients. “Apps” created by ATTORNEYCONNECT and published to any mobile platform or mobile marketplace (whether iPhone, Android, Blackberry or other) will be bound to and must be in accordance with the respective platform’s licensing agreement or terms and conditions.
ATTORNEYCONNECT reserves the right to update and change the Terms of Service from time to time without notice. Any new features that change or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
1.2. License Grant. Subject to the provisions of this Agreement ATTORNEYCONNECT hereby grants to you a non-exclusive, non-transferable limited annual subscription license to appear in our diretory or to offer our “App” to End-Users.
1.3. ATTORNEYCONNECT is a recurring subscription and requires a minimum commitment of twelve (12) full months of service.
MOBILE APP – INTELLECTUAL PROPERTY RIGHTS
2.1. Title. The Service and the binary code comprising the App are owned by ATTORNEYCONNECT and our partners and are protected by the copyright, patent, and trade secret laws of the United States and international treaties. Subject to exclusions contained in section 2.2 below, all right, title and interest in the Service (including copyright) is owned by ATTORNEYCONNECT and our partners, and includes all rights in the original structures and design incorporated by the Service to perform its essential functions. You acknowledge that you receive no such right, title or interest under this Agreement except for the specifically described limited right of use, which may be revoked under the terms of this Agreement.
2.2. Acknowledgement of Third-Party Rights. The Service utilizes technology from third parties and the creators of various mobile phone platforms, whether iPhone, Android, Blackberry or others (the “Third Party Software”). This Agreement incorporates the terms and conditions of the respective platform development agreements as the same may be modified from time to time by their respective developers.
2.3. Your Content; Representations. ATTORNEYCONNECT claims no intellectual property rights over the information, content or materials (the “Content”) you provide to build your App. Any personalized Content or content provided by you will remain yours. However, you grant ATTORNEYCONNECT a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such Content that you submit to the Service when creating your App. This license ends when you request in writing to cancel your Service. By using the Service, you warrant that you have full right and ownership of any and all Content you provide to us. You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection to all Content selected by you for use in connection with the Service and the App created on your behalf.
2.4. You do not own the mobile application and upon termination your Marketing App or BAC App sponsorship listing will be removed and/or replaced by another listing.
“SERVICE”: SUBSCRIPTION FEE AND CANCELLATION/ TERMINATION
3.1. ATTORNEYCONNECT is a recurring subscription service and requires a minimum commitment of twelve (12) full months of service.
Upon conclusion of the twelve (12) month period, subscriptions will renew automatically for another full year under the same terms and conditions until which time we receive a notice of cancellation. ATTORNEYCONNECT must receive written notice of your cancellation upon which your subscription will terminate on your next renewal date.
ATTORNEYCONNECT requires the annual subscription fee to be charged to your credit card. The subscription fee covers tweleve (12) months of service. You are responsible for providing valid and current credit card information in order to keep your account and mobile app active. Once your current annual subscription fee has been charged, there are no refunds.
3.2. You may cancel service at any time before your next annual anniversary date. You are responsible for properly canceling your Service with ATTORNEYCONNECT before your next annual subscription period. You may cancel service by emailing firstname.lastname@example.org. Please put “Cancel” in the subject line and provide your contact information in the body of the email.
3.3. Without prejudice to any other rights, ATTORNEYCONNECT may terminate your service and/or sponsorship listing if you fail to comply with the terms and conditions of this Agreement. ATTORNEYCONNECT has the absolute right to refuse service to any user in ATTORNEYCONNECT’s sole discretion.
MODIFICATIONS TO SERVICE OR PRICES
4.1. ATTORNEYCONNECT reserves the right at any time to modify or discontinue the Service and to change its pricing schedule at any time – with or without notice. ATTORNEYCONNECT reserves the right – but is not obligated – to remove Content that ATTORNEYCONNECT determines in its sole discretion to be unlawful, offensive, obscene, pornographic, defamatory or abusive to any person or entity, including ATTORNEYCONNECT and its employees, management or agents.
5.1. Support services are provided by ATTORNEYCONNECT.
CUSTOMER REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
6.1. You are solely responsible for ensuring compliance with all rules, regulations, and ethical requirements as established by all applicable licensing authorities. This includes any advertising, marketing, and promotional restrictions as set forth by your State’s attorney/ Bar licensing authority.
6.2. You represent and warrant (i) that you are using the Service as a marketing and promotional service to “End Users”, (ii) that you are using the Service for lawful purposes and (iii) that you have provided accurate and complete information to us when making your listing or mobile app. You understand that ATTORNEYCONNECT uses third-party partners, vendors and hosting providers required to manage and run the service.
6.3. Indemnification. You agree to indemnify and hold ATTORNEYCONNECT, its employees, suppliers, licensors, agents (and their respective successors, officers, directors, and employees) harmless from and against any and all claims, demands, costs, liabilities, judgment, losses, expenses and damages (including attorneys’ fees) arising out of, in connection with, or related to (i) your use of the Service, including without limitation any problems arising from technical difficulties (including but not limited to, the transmission of computer viruses and the interruption of services), any fraudulent use of a credit card or other payment method used to purchases services, or any violation of these Terms of Service; or (ii) any data, software, services or other materials that you use in connection with your access or use of the Service or services, including without limitation any claim that such data, software, services, or other materials, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark or other legal right of any third party.
LIMITED WARRANTY, EXCLUSIONS
7.1. Limited Program Warranty. Except as excluded pursuant to section 7.2 herein, ATTORNEYCONNECT warrants that the Service will function substantially as described in marketing material. All software and services provided by use of software contains errors, however, and you acknowledge that use of any software service entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data. Accordingly, ATTORNEYCONNECT makes no warranty that the Service is error-free or that your App will be accepted by any mobile application store or marketplace and makes no warranty or representation that your App will be free of interruptions due to third-party hosting services and the like.
7.2. Disclaimer. ATTORNEYCONNECT MAKES NO OTHER WARRANTIES WITH RESPECT TO THE SERVICE OR SUPPORT SERVICES AND ATTORNEYCONNECT SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATION CONTENT OR SYSTEM INTEGRATION.
7.3. Third-Party Software Disclaimer. THE THIRD-PARTY SOFTWARE INCORPORATED HEREIN IS SUBJECT TO THE PARTICULAR REPRESENTATIONS, WARRANTIES AND DISCLAIMERS CONTAINED IN THE RESPECTIVE APPLICATION DEVELOPMENT AGREEMENT. ATTORNEYCONNECT MAKES NO SEPARATE REPRESENTATIONS AND WARRANTIES CONCERNING THE THIRD-PARTY SOFTWARE.
8.1. ATTORNEYCONNECT SHALL NOT BE LIABLE ON ACCOUNT OF ANY ERRORS, OMISSIONS, DELAYS, OR LOSSES. YOU AGREE THAT IN NO EVENT WILL ATTORNEYCONNECT BE LIABLE FOR THE RESULTS OF YOUR USE OF THE SERVICE, YOUR INABILITY OR FAILURE TO CONDUCT YOUR BUSINESS, ANY VIOLATIONS FROM YOUR STATE’S GOVERNING BODY ON ATTORNEY ETHICS, BEHAVIOR AND PROFESSIONAL RESPONSIBILITY, DATA LOSS, FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. YOU FURTHER AGREE THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ATTORNEYCONNECT FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EXCEED THE TOTAL ANNUAL AMOUNT PAID BY YOU FOR THE PRODUCT, EVEN IF ATTORNEYCONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
9.1. Choice of Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, USA, without reference to its conflict of laws provisions. In the event of a legal dispute, you hereby irrevocably accept the personal jurisdiction of the state or federal courts of the Commonwealth of Massachusetts, USA.
9.2. Submissions. Should you decide to transmit to ATTORNEYCONNECT by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services, features, and products), whether as information, feedback, discussion, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant ATTORNEYCONNECT and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.
9.3. Severability. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
9.4. Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by the party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
9.5. Assignment. This Agreement and the rights granted under it may not be assigned or transferred by you without ATTORNEYCONNECT’s written consent. Any attempt to do so in violation of this section 9.5 is void.
9.6. Section Headings. Section headings contained herein are for information purposes only and are of no independent legal force or effect.
BAC Mobile App
Client Mobile App