K-LAWYERS TERMS AND CONDITIONS
These terms and conditions apply between all users (“Users” or as the text requires: “User”, “you” or “your”) of this website (“Website” or “Site”), including but not limited to registered members, and K-Lawyers, the owner of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of products and services, including but not limited to use of supportive services and information posted to the Site. Please read these terms and conditions carefully, as they affect your legal rights.
1. Acceptance of Terms
Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Website or services is subject (unless expressly stated otherwise) to these terms and conditions. If you are using our Site on behalf of a business, company, employer, association, organization or other entity (“Organization”), the Organization accepts these terms by your continued use of our services and products. Do not use the Site if you do not have the authority from your Organization or your Organization does not accept and agree to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
K-Lawyers reserves the right at any time, in its sole discretion, to add new features and functionality to the Site, such as user forums, or remove previously available features and functionality. Unless explicitly stated otherwise, any new features and functionality at the Site shall be subject to this Agreement. We may, at any time, lose our licensing rights to make certain Content available through the Site. In that event, you will no longer be able to obtain these pieces of Content.
K-Lawyers reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these terms and conditions regularly for any changes.
2. Access to the Website
In order to use the Site, you must obtain access to the internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet, including a computer and modem, router or other access device. Any equipment or software causing interference shall be immediately disconnected from the Site and we shall have the right to immediately terminate this Agreement.
If any upgrade in or to the Site requires changes in your equipment or software, you must effect these changes at your own expense. You agree to follow and comply with any applicable laws, rules and regulations in your use of the Site and agree to use the Site for lawful purposes only.
Users become K-Lawyers’ Members in order to gain access to additional content (including Third Party Content, as defined below) products and services (collectively or individually as appropriate, any product or service provided by K-Lawyers including but not limited to any services listed on the Website, as updated from time to time), in consideration for such fees (where applicable) as specified therein and agreement from Users to participate as a Member.
In order to become a Member, Users are required to complete an online registration process. User represents and warrants that the information given in that registration will be truthful, accurate and complete and shall comply with all laws, regulations and proceedings that govern the User (including without limitation, any and all applicable legal standards, licenses and authorizations).
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate information with us, including, but not limited to, your failure to receive critical information about the Site, its Content, services and products.
You are responsible for maintaining the confidentiality of any user ID, screen name and password, and are fully responsible for all activities that occur under your user ID, screen name and password that you may create while using the Site. Users may not use anyone else’s user ID, screen name, password or account.
Users are able to upload content or post content at various places on the Website including via blogs, forums, comments sections, as well as the content they include on Member’s profile (“User Generated Content”) and in doing so Users grant to K-Lawyers a free of charge, worldwide perpetual license in all media in such User’s Content. For the avoidance of doubt, Members acknowledge and confirm that information they supply in their Member profile will be viewable by other Users or Partners of the Website.
Users and Partners shall not upload, post or otherwise make available any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark, or other property right and the burden of determining that any material is not covered by these rights rests with you. Such User, Member or Partner shall be solely liable for any damages resulting from any infringement of these rights, or any other harm resulting from such submission.
Members may cancel their renewal at any point throughout their annual subscription, at no cost. To cancel any Membership account and/or profile, Members must inform K-Lawyers in writing by emailing email@example.com. Any cancellation by Members must be in writing.
4. Intellectual property and acceptable use of Content
Any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website (“Content”) is available via this Website on a free of charge basis and in consideration for a specified payment.
All Content included on the Website, unless uploaded by Users or third parties (who may or may not be Members or Users) whom have licensed Third Party Content (as defined below) to K-Lawyers and Users of the Website (“Partners”) or as stated otherwise, is the property of K-Lawyers, our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
Subject to these terms and conditions, K-Lawyers hereby grants to the User a non-exclusive worldwide license for the duration of the Membership or until K-Lawyers may choose to revoke such license, to download, store, use, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User’s own benefit and information purposes.
Notwithstanding any other rights or remedies available to it, K-Lawyers shall have the right to terminate any license granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this license.
Without prejudice to any rights granted herein, K-Lawyers reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
No permission is hereby granted to any User or Partner to link from any other web site to any portion of this Site, or to frame any Content contained on this Site without K-Lawyers’ prior written permission.
5. Third Parties
This Website makes available certain Content, services and products that have not been created by K-Lawyers, either via hyperlinks which may take Users to websites not controlled or maintained by K-Lawyers, or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee; for example Partners’ services, Content or products, User Generated Content and other materials posted by other Users on the Website blogs and forums (“Third Party Content”).
Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
K-Lawyers allows Members and Partners to give access to information about themselves to other Members but does not control the information provided by Members or Partners. Downloading some Third Party Content may involve K-Lawyers sharing personal data collected during registration with the rights’ owners of such Third Party Content.
Third Party Content is not the responsibility of K-Lawyers, and Users acknowledge and confirm that K-Lawyers has no control over the opinions, information, legality of products, or the veracity, accuracy or completeness of facts or statements contained in such Third Party Content. Furthermore, while K-Lawyers invest resources in confirming information posted to the Website, it cannot guarantee and makes no representation or warranty as to of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of K-Lawyers.
You agree that neither K-Lawyers nor any of its affiliated companies will 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 advertiser or other third party links on the Site, for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites.
In the event that you have a dispute or issue with one or more of the other Users or Partners, you agree to unconditionally release K-Lawyers (and our parent, officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Any communication with K-Lawyers via this Site will be treated as non-proprietary. K-Lawyers is free to use any idea, concept or invention created by you and transmitted to it via this Site, notwithstanding any limiting language you may use when transmitting such information.
7. K-Lawyers is not an escrow service
K-Lawyers offers escrow services powered by a third-party escrow provider (Assembly Payments). K-Lawyers is not an escrow service and does not hold property on behalf of any person.
8. Website Content, Services and Products
Members may purchase stand-alone products or services as the same are available via the Website and at such prices and on such supplemental conditions as are stated on the site.
data from Member’s profile, and/or collected to complete or verify such information;
details of the content the User viewed on the Website and any reviews or comments relating to such User.
Except as otherwise expressly agreed to by K-Lawyers in writing, information regarding services is subject to change without notice.
Information about services, products or Content made available on and/or through this Website shall not constitute a representation, warranty or other commitment by K-Lawyers with respect to any product or service unless otherwise expressly agreed to by K-Lawyers in writing.
Prices for any K-Lawyers or Partners services or products are subject to change without prior notice.
Unless specified herein or at point of purchase to the contrary, K-Lawyers invoices for any Service are due for payment 30 days from their date. K-Lawyers reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest on overdue amounts at the rate of fifteen percent (15%) per annum or the maximum allowed by law.
9. Prohibited use of the Site by Users
Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell, publish, distribute or provide access to any part of the Site in any form, for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, other User Generated Content to any other person, to exploit or use such Content for any commercial or unlawful purpose.
With regard to the uploading, or posting of User Generated Content, and use of the Site more generally, Users may not use the Website for any of the following purposes:
in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
reproduce in any form or incorporate into any information retrieval system, electronic or mechanical any part of the Site, services, products or Content.
access the Site by any means other than through the provided interface and/or use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, any Content, service or product or any portion thereof.
You agree that K-Lawyers, in its sole discretion, may terminate your User ID, Member profile, account or use of the Site (or any part thereof), and remove and discard any User Generated Content within the Site, for any reason, including, without limitation, for lack of use or if K-Lawyers believes that User(s) have violated or acted inconsistently with the letter or spirit of these terms and Conditions.
K-Lawyers may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice to you. You agree that any termination of your access to the Site under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that K-Lawyers may immediately deactivate or delete your account, Membership and all related 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.
11. Availability of the Website and Disclaimers
K-Lawyers makes reasonable good-faith efforts to ensure that the information on the Site is accurate and up to date. Nevertheless, the use and browsing of this Site is exclusively at your own risk. The Website and Services are provided “as is” and on an “as available” basis. K-Lawyers gives no warranty that the Website or services will be free of defects and/or faults. To the maximum extent permitted by the law, K-Lawyers provides no warranties (expressed or implied) of merchantability fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality of any products, services, information, or other material purchased or obtained by you through the Site. K-Lawyers is under no obligation to update information on the Website, and assumes no liability for any errors and/or omissions in the information.
No advice or information, whether oral or written, obtained by you from K-Lawyers or through the Site shall create any warranty not expressly stated in these terms and conditions.
While K-Lawyers uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, K-Lawyers give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
K-Lawyers accepts no liability for any disruption or non-availability of the Website.
K-Lawyers reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
No Legal or Business Advice
Nothing contained in this website, including any documents that may be generated by the Site, is to be considered as the rendering of legal or business advice, either generally or in connection with any specific issue or case. Users are responsible for obtaining legal or business advice from their own lawyer or other professional and should not rely on the Site without seeking such advice.
No Attorney-Client Relationship
Neither the availability, operation, transmission, receipt nor use of the Site is intended to create, nor does it create, an attorney-client relationship or any other relationship between you and the Site. Any information provided in connection with use of the Site is not privileged or confidential.
Compliance with Laws
You agree to use the Site and any materials provided in compliance with all applicable laws, including applicable State Bar and American Bar association rules.
Use by Agents
You agree that, if an agent (e.g., an attorney, an employee, etc.) uses the Site or materials on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.
12. Limitation of Liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (b) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
To the maximum extent permitted by law, K-Lawyers accepts no liability for any of the following:
any losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, commercial opportunities or other intangible losses;
loss or corruption of any data, database or software;
any direct, indirect, incidental, special, consequential or punitive damages whether in an action in contract or tort (including negligence and strict liability) resulting from its performance or any failure to perform under these Terms, even if K-Lawyers has been advised of the possibility of such damages.
You understand and agree that your sole right and remedy against any protected entity is to discontinue use of the Site.
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 may not apply to you.
Under no circumstances shall K-Lawyers be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website, services or products.
To the greatest extent permitted by law, you, or your Organization agree(s) to defend, hold harmless and indemnify K-Lawyers and its parents, subsidiaries and affiliates, successors, and each of their respective officers, agents, employees, representatives and agents from any claim, suit or action, including any liabilities, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys’ fees) arising from or related to your use of the Site, services or Content, or use or purchase of products, or any violation, allegation or a claim of breach of these terms and conditions, contract, a claim of infringement of any intellectual property right, a claim of unfair competition, or a violation of any applicable law, rule or regulation.
14. Dispute Resolution
This Site and the services described on this Site are intended for adult individuals only. We do not knowingly collect any personally identifiable information about children under the age of 18. This Site can be accessed from all states in the United States, as well as from other countries. Each of these jurisdictions has laws that may differ from each other. By accessing this Site, you agree that all matters relating to access to, or use of, this Site or any other linked web site, shall be governed by the applicable laws of the State of Florida and the laws of the United States of America, without regard to the conflicts of laws principles thereof. You also agree, and by using this Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of Florida relating to any dispute arising out of your use of this Site. Note that some features on the Site may be available solely to United States users, as determined in K-Lawyers sole discretion.
Your use of this Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use this Site in any such circumstances. You agree and acknowledge that your use of this Site, and all transactions occurring in connection with this Site, shall be deemed to have occurred and taken place solely in the State of Florida, United States.
To the extent permitted by applicable law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Site. 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 the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that any unauthorized use of the Site would result in irreparable injury to K-Lawyers, its licensors and Partners for which money damages would be inadequate. In such event K-Lawyers, its licensors and Partners, as applicable, shall have the right, in addition to other remedies available to it pursuant to these terms and conditions, to immediate injunctive relief against you. Nothing contained in these terms and conditions shall be construed to limit remedies available pursuant to statutory or other claims that may be available under separate legal authority.
No relationship other than that of a service provider and customer shall be created through operation of these terms and conditions.
Notices to you, if any, may be made via either e-mail or regular mail.
K-Lawyers may use personal information which K-Lawyers hold about Users to provide K-Lawyers’ products and services to Users, for credit control and market research purposes and to inform Users about products and services, legal developments and training sessions or Events which we believe may be of interest to Users.
Users may not transfer any of their rights under these terms and conditions to any other person. K-Lawyers may transfer their rights under these terms and conditions where K-Lawyers reasonably believes Users rights will not be adversely affected.
These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
K-Lawyers is committed to providing the best possible experience for users of this Site. If you observe material or behavior that may violate these terms and conditions, or material that you believe may be infringing another’s rights, please contact firstname.lastname@example.org