THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS ON WHICH BOBBITT LAW OFFERS ACCESS TO OUR SERVICES.
Welcome to Bobbitt Law’s User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at Bobbitt Law and our general principles or our affiliates. THIS USER AGREEMENT APPLIES TO ALL SERVICES OFFERED AT BOBBITT LAW. SUCH SERVICES INCLUDE, BUT ARE NOT LIMITED TO, ASK-A-LAWYER, FIGHT-A-TICKET, WEEKLY LEGAL TIP, SETTLE-A-DISPUTE and our LEGAL RESOURCE section. If you have any questions that our User Agreement does not answer, please contact firstname.lastname@example.org.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective upon posting of the changes/modifications. This Agreement may not be otherwise amended except in a writing signed by you and Bobbitt Law. This agreement was last revised on September 1, 2000.
- Agreement Between You and Bobbitt Law.
The following terms and conditions (the “Terms and Conditions”) apply to all users of this website. By accessing this website, the user acknowledges acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, Bobbitt Law (the “Company”) reserves the right to seek all remedies available by law and in equity for such violations.
Bobbitt Law services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended Bobbitt Law members.
- General Disclaimer:
This site has two main purposes: (1) Act as an online marketplace for attorneys to sell their services; and (2) Offer Legal information/resource to general users.
By using Bobbitt Law, you are agreeing that under no circumstances will the Company be responsible for:
» any information contained on or omitted from the site(s); » any person’s reliance on any such information, whether or not the information is correct, current or complete; » the consequences of any action or inaction you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of the sites; » any person’s satisfaction with any lawyer, whether relating to the lawyer’s competence, diligence, or otherwise; » the results of any advice or services given by or representation from any lawyer; or » the failure or refusal of any attorney to render any services to you.
Bobbitt Law is not responsible for any loss, injury, claim, liability or damages caused to you from third party attorneys who have registered with our services and have rendered legal advice and/or services. IN NO EVENT SHALL BOBBITT LAW BE LIABLE FOR ANY LEGAL ADVICE OR SERVICES RENDERED BY ANY ATTORNEY(S) WHO HAVE REGISTERED WITH ANY OF OUR SERVICES.
We do our best to make sure that all information is accurate and up to date, but the law changes rapidly. We cannot guarantee that all the information on the site is completely current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. The law is a personal matter, and no general information like the kind we provide can fit every circumstance, so you should consult a licensed lawyer in your area to get specific advice for your problem. In short, nothing on this website should be considered legal advice.
Bobbitt Law is not responsible for any loss, injury, claim, liability, or damage related to your use of the site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
- User’s Representation and Warranties.
By using this website, you hereby represent and warrant the following:
- Accuracy of Information
Although Bobbitt Law has attempted to provide accurate information on its website, Bobbitt Law assumes no responsibility for the accuracy of the information. All information provided on this website is provided “as is” with all faults without warranty of any kind, either express or implied. Bobbitt Law hereby disclaims all warranties, express or implied.
- No Warranty.
WE PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
- Liability Limit.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OUR ATTORNEY REGISTRANTS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
IN NO EVENT SHALL BOBBITT LAW BE LIABLE FOR ANY LEGAL ADVICE OR SERVICES RENDERED BY ANY ATTORNEY(S) WHO HAVE REGISTERED WITH ANY OF OUR SERVICES.
- General Use Provisions and Copyright.
All materials provided on this website, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the “Materials”), and the selection, arrangement and display thereof, are the copyrighted works of Bobbitt Law and/or its vendors or suppliers. All Materials herein and all Bobbitt Law software are proprietary to Bobbitt Law and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Bobbitt Law.
- Modification of the Web
Bobbitt Law (and/or its affiliate attorneys) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the website. Bobbitt Law may discontinue or revise any or all aspects of the website in its sole discretion and without prior notice.
- Bobbitt Law is Only a Venue.
» Overview. Our site acts as the venue for sellers of legal services and buyers of legal services. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality of the service advertised. » Safe Dealing. Because user authentication on the Internet is difficult, Bobbitt Law cannot and does not confirm each client’s purported identity. Thus, we have established a client-initiated form to help determine a client’s identity and legal issues. We encourage attorneys and clients to communicate directly after legal services are retained. » Release. Because Bobbitt Law is not involved in the actual transaction between buyers and sellers of legal services (attorneys and their clients), in the event that a dispute arises between an attorney and client, you ,the attorney and/or client, release Bobbitt Law (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. » Information Control. We reserve the right and do control the information provided by attorneys’ which is made available through our system. We do not control the information provided by clients which is made available through our system. Attorneys may find client’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Without limiting any other remedies, Bobbitt Law may suspend or terminate an attorney’s account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
- Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Bobbitt Law site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Bobbitt Law by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Bobbitt Law or the appropriate third party.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services.
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Bobbitt Law may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas necessary to protect the rights or property of you or Bobbitt Law pending the completion of arbitration.
- Choice of Law.
This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.