Featured Law Firm Listing Terms and Conditions

AmericanLawyerReferral.com Featured Law Firm Listings Terms and Conditions

1. Acknowledgement and Acceptance of Terms and Conditions

By clicking on the "SUBMIT" button where such action is identified as having the effect of accepting these Terms and Conditions, you acknowledge, represent and warrant that you are authorized to accept these Terms and Conditions on behalf of the Advertiser, that your Acceptance of these Terms and Conditions has the effect of making the Advertiser a party and bound to these Terms and Conditions, and that the information submitted by you to AmericanLawyerReferral.com, via online forms or otherwise, is authentic and correct.

Pursuant to these Terms and Conditions, Advertiser submits business listing(s) for, and/or link(s) to, its web site(s) for inclusion on AmericanLawyerReferral.com's web site (including its online directory of law firms, the "Directory").

2. Notification of Changes

Whenever AmericanLawyerReferral.com changes its Terms and Conditions, it will post those changes to this Web page, and other places AmericanLawyerReferral.com deems appropriate to make Advertiser aware of such changes. Advertiser agrees to be bound to any changes to these Terms and Conditions when Advertiser uses the Services after any such modification is posted. It is therefore important that Advertiser reviews these Terms and Conditions regularly to ensure Advertiser is updated as to any changes.

3. Term of Agreement

Advertiser may cancel any listing or link, and/or terminate these Terms and Conditions by canceling all listings and links hereunder, with or without cause, at any time, as follows with no further obligation of AmericanLawyerReferral.com, including, without limitation, any obligation to refund any fees paid hereunder.

To cancel Featured Listings, Advertiser must contact AmericanLawyerReferral.com in writing via postal service or e-mail. Once cancellation request has been processed, Advertiser's listings will be cancelled on the AmericanLawyerReferral.com site.

As long as any link or listing is active, Advertiser's account and these Terms and Conditions will remain active and in force.

4. Service Fees and Payment Terms

Advertiser agrees to pay all applicable charges under these Terms and Conditions, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under these Terms and Conditions, Advertiser must notify AmericanLawyerReferral.com in writing within sixty (60) days of any such charge; failure to so notify AmericanLawyerReferral.com shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by AmericanLawyerReferral.com. No other measurements or statistics of any kind shall be accepted by AmericanLawyerReferral.com or have any effect under these Terms and Conditions.

Any charges which are past due by more than thirty (30) days shall bear interest at the rate of one and a half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, and Advertiser shall reimburse AmericanLawyerReferral.com for any collection and legal fees incurred as a result of Advertiser's late payment of any amount due and payable hereunder. All payments made under these Terms and Conditions are non-refundable.

5. Billing and Payments

To maintain a Featured Listing account with AmericanLawyerReferral.com, Advertiser must maintain a valid PayPal account. However, a valid PayPal account is not required if Advertiser has been approved by AmericanLawyerReferral.com for payment by invoice, at AmericanLawyerReferral.com's sole determination and discretion, subject to AmericanLawyerReferral.com's approval of a credit application from Advertiser.

The billing cycle for an AmericanLawyerReferral.com Advertiser is three-hundred and sixty five consecutive calendar days.

Advertiser's PayPal account provided in the registration process will be charged U.S. $77.50 every 365 days until such time that Advertiser cancels Featured Listings.

Advertiser retains the right to continuously renew Featured Listings at the fixed price of U.S. $77.50 every 365 days provided that Featured Listings have not lapsed due to non-payment, cancellation or violation of these Terms and Conditions.

Should Advertiser pay for Featured Listings by invoice (subject to AmericanLawyerReferral.com's approval as set forth above), Advertiser will be billed via an invoice e-mailed to Advertiser at the e-mail address designated and maintained by Advertiser. Invoiced amounts are due within 15 days of the invoice date. If an invoiced amount has not been paid within fifteen (15) days of the date of invoice, AmericanLawyerReferral.com will have the right, without limitation of its other rights and remedies available at law, in equity or by contract, to charge the Advertiser's credit card on file with AmericanLawyerReferral.com (if any) for the amount due.

6. Editorial Standards and Requirements

Advertiser's Featured Listings are written by AmericanLawyerReferral.com, or written by Advertiser subject to AmericanLawyerReferral.com's approval.

7. License

Advertiser hereby grants to AmericanLawyerReferral.com a worldwide, limited, non-exclusive, non-transferable, royalty-free license to reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser's listings and submissions, and any portion thereof, including, without limitation, Advertiser's trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the "Advertiser Marks"), solely to display and provide Advertiser's listings and links in accordance with these Terms and Conditions.

8. Warranty Disclaimer

NEITHER AMERICANLAWYERREFERRAL.COM NOR ITS SUPPLIERS OR VENDORS MAKE ANY WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. AMERICANLAWYERREFERRAL.COM'S OBLIGATIONS UNDER THESE TERMS AND CONDITIONS ARE SUBJECT TO DELAYS CAUSED BY WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND AMERICANLAWYERREFERRAL.COM'S REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT AMERICANLAWYERREFERRAL.COM'S SITE IS OPERATED ON AN "AS IS", "AS AVAILABLE" BASIS, AND THAT NEITHER AMERICANLAWYERREFERRAL.COM NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.

9. Limitation of Liability

IN NO EVENT SHALL AMERICANLAWYERREFERRAL.COM OR ANY OF ITS SUPPLIERS, VENDORS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL AMERICANLAWYERREFERRAL.COM'S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO AMERICANLAWYERREFERRAL.COM BY ADVERTISER UNDER THESE TERMS AND CONDITIONS DURING THE CALENDAR YEAR DURING WHICH THE APPLICABLE CLAIM ACCRUED.

10. Miscellaneous

AmericanLawyerReferral.com reserves the right, in its sole discretion, to (i) remove Advertiser's Featured Listings and/or cancel Advertiser's account for non-payment or violation of any other term or condition of these Terms and Conditions, including, without limitation, repeated infringement of third party copyrights.

Receipt times of all submissions, notices and other correspondences and transactions via the AmericanLawyerReferral.com site are measured based on receipt by AmericanLawyerReferral.com's servers. These Terms and Conditions: (a) shall be governed by and construed in accordance with, the laws of the State of New York, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder by AmericanLawyerReferral.com must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect. Exclusive venue for all disputes arising out of or related to these Terms and Conditions shall be the state and federal courts located in Suffolk County, New York, and each party hereby irrevocably consents thereto. Any rights or obligations hereunder may not be transferred or assigned by Advertiser without the prior written consent of AmericanLawyerReferral.com. AmericanLawyerReferral.com may freely assign and delegate the Agreement and any of its rights and obligations hereunder.

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