Effective August 29, 2012
This Consumer Agreement and the Terms and Conditions of Use herein creates a legally binding and enforceable agreement between "You" (sometimes also referred to as the "Consumer") and Advice Company (the "Company," "us" or "our"), a California corporation headquartered at 2330 Marinship Way, Suite 120, Sausalito, California, 94965, that apply to Consumer's access to and use of any of the Company's "Ask a Lawyer" services, including "Ask a Lawyer Live," "Ask a Lawyer Plus" and/or the basic "Ask a Lawyer" service (collectively and individually referred to as the "Services") sponsored by the Company and its websites, including FreeAdvice.com, AttorneyPages.com, AdviceCo.com (collectively the "Websites").
"You," "you," or "Consumer" as used in this Consumer Agreement include both the individual Consumer accessing any of the Services, and any other individuals, businesses, persons and/or entities on whose behalf the Consumer is accessing any of the Services.
You can only use the Websites and access the Services if and to the extent they do not conflict with or violate applicable laws or rules in your state or other jurisdiction, and you may NOT use or access the Services or Websites if such use or access would be prohibited or limited by applicable laws or rules.
By submitting any content and other materials on the Services, You, the Consumer, recognize and agree that the material need not be held by the Company or its agents in confidence and you also understand and agree your question(s) and any answer(s) provided may be visible and viewable to the general public at large.
You agree that the Company may revise and edit any question(s) and answer(s) in its sole discretion prior to or after making the material public. You grant Company the right to edit, redact, delete, modify, and/or change content or categorizations of any and all material submitted on the Website or through the Services at Company's sole discretion. You agree to release Company or its officers, directors, employees or agents from liability for making any edits, redactions, deletions, modifications, and for any content and other materials that are not published, timely or otherwise, or that do not receive any responses, or are removed.
You understand and agree that by accepting a question the Company does not promise or guarantee that you will receive an answer, much less a satisfactory or timely answer.
This User Agreement is in addition to and not in place of any other User Agreements, Privacy Policies, and Terms and Conditions of Use that apply to use of the Websites or any features on the websites. To the extent that the terms of this User Agreement are inconsistent with any other such agreement, then the Terms of this User Agreement shall prevail and such other agreements merely supplement this User Agreement to the extent not inconsistent herewith.
If You, the Consumer, elect to use one of the paid Services, access to the paid Service is fully earned upon payment, whether by submission of a credit card or other payment mechanism.
However, as the Company strives to assure you (and other customers of the Services) with satisfaction, the Company may verify the credit or debit card you present for payment and have the card issuer place a "hold" on the amount needed to complete the charge, rather than process the charges for the Services. The Company will complete the charge and be paid shortly after you:
If you do make a timely objection on the evaluation form the Company will normally not charge you for the answer or chat. However, if the Company has already charged you, the Company will authorize a refund of the amount it had charged for that answer or chat subject to our review of your objection.
If there is an objection to a charge the Company typically will conduct an internal review to determine if a reasonable person would have accepted the answer or chat as satisfactory or helpful. If the Company determines that your objection was unreasonable or your refusal to acknowledge that answer or chat was satisfactory or helpful (so that the Company could charge you for the answer) was unreasonable the Company may bar you from future access to the Services.
The Company also may bar anyone from access to the Services for any reason the Company, in its absolute discretion, deems appropriate, and may discontinue or modify the Services, or any of them, at any time without notice.
THE WEBSITES AND THE SERVICES ARE OFFERED AND PROVIDED "AS IS" AND "AS AVAILABLE" AND YOU THE CONSUMER USES THEM AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DUE TO THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AND OTHER FACTORS NOT WITHIN THE CONTROL OF COMPANY, COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THAT MAY OCCUR.
Company does not warrant, guarantee, represent, or make any claim that use of the Websites or any of the Services will necessarily provide quality of information or guidance or results.
Participating Attorneys are independent of the Company and are not employed or retained by the Company, whether or not the Company may pay them for the answers they provide through the Services and/or for other work they perform for or on behalf of the Company.
No information about an attorney whether provided via the Services or contained on the Websites constitutes an endorsement of any particular attorney or a guarantee of any lawyer's or law firm's personal or professional qualities or characteristics or any answer or opinion the lawyer may render.
Should you, the Consumer, seek to retain any attorney, whether on behalf of the Consumer or any third party, and whether for legal representation, legal services or legal advice relating to the same or a similar matter to the question posed on or answer provided through the Services, or an entirely different matter, the Company SHALL HAVE ABSOLUTELY NO RESPONSIBILITY OR LIABILITY FOR SUCH RELATIONSHIP OR ITS CONSEQUENCES, AND YOU -- NOT THE COMPANY -- assume all responsibility for that relationship, including the duty to independently ensure and verify the attorney(s) You interact with is licensed and in good standing in the appropriate jurisdiction(s), and also is qualified to handle your legal matter. The Company does not monitor or have any control over any attorney's or law firm's legal advice or legal services, and the Company assumes no responsibility or liability for any action, error or omission on the part of any attorney or law firm.
The Company is not liable for any statements, representations, ratings, endorsements, advertisements, testimonials, responses, comments, information, opinions, advice, links to any third party websites and content contained on such third party websites, or content of any other kind provided by its Consumers in any area of the Website or any Services. Any such reference(s) on the Websites or any Services is not a sponsorship, endorsement, or recommendation by Company.
Some information provided and displayed on the Website and the Services is based on contributions to the Websites and Services by other users and consumers and/or reflects the automated computation of statistical data based on such contributions. Some information may not be current or accurate, or contain errors or omissions. You, the Consumer, 8 agree to not hold Company liable for such errors or omissions displayed on the Website and any Services.
The Company may, in its complete and absolute discretion, disable your access to, or suspend or terminate your ability to use some or all of the Websites or Services at any time, with or without notice or providing a reason. The Company will not be liable or responsible for any damages or loss that result from disabling your access, or suspending your ability to use the Websites or the Services.
You Must Protect Your Consumer Name and Passwords
You are solely responsible for maintaining the confidentiality or the Consumer name and passwords you use to access the Websites and Services. While the Company takes what it regards as commercially reasonable efforts to protect Consumer names and passwords, no system is fool-proof or hack-proof, and the Company shall not have any liability should your Consumer name and/or password be disclosed or compromised, regardless of fault on its part.
Company is under no obligation to restrict or monitor the Websites or any Services in any way. The Company does not necessarily prescreen questions or answers on the Services nor does it necessarily regularly monitor the Services. Nevertheless, the Company may modify or remove content at any time at its sole discretion.
IN NO EVENT SHALL COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SHAREHOLDERS OR INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR OTHERWISE, WHICH MAY ARISE FROM, IN CONNECTION WITH, OR BE RELATED TO ANY DENIAL OF OR INABILITY TO USE THE WEBSITES AND ANY SERVICES OR USE OF THE WEBSITES OR SERVICE, INCLUDING ANY "ADVICE", INFORMATION, CONTENT, LEGAL SERVICES, THIRD PARTY SERVICES, ACTIONS, INACTIONS OR "ADVICE" OF ANY PARTICIPATING ATTORNEY OR OTHER CONSUMER, LINKS TO ANY THIRD PARTY WEBSITES AND CONTENT CONTAINED ON THIRD PARTY WEBSITES, PURPORTED ERRORS, OMISSIONS OR MALPRACTICE CLAIMS, OR OTHER MATERIALS CONTAINED, ACCESSED, OR DISPLAYED THEREIN, WHETHER SUBMITTED BY COMPANY, CONSUMER OR THIRD PARTIES. NOR SHALL COMPANY BE RESPONSIBLE, WITHOUT LIMITATION, FOR ANY DAMAGES, INJURY OR LOSS OF ANY KIND. SUCH LOSS MAY INCLUDE, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE OR LOSS OF PROFITS, THAT MAY HAVE BEEN CAUSED BY, WITHOUT LIMITATION, ANY USE OR RELIANCE ON A WEBSITE OR ANY SERVICES, LEGAL SERVICES, THIRD PARTY SERVICES, ACTIONS, INACTIONS OR "ADVICE" OF ANY PARTICIPATING ATTORNEY OR OTHER CONSUMER, SITE MATERIALS, COMPANY CONSUMER OR THIRD PARTY CONTENT, OR FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELETION OF FILES OR E-MAIL, VIRUSES, MALWARE, ANY FAILURE OF PERFORMANCE OR DELAY IN OPERATION OR TRANSMISSION, THAT MAY HAVE RESULTED FROM OR BE CAUSED BY ANY CIRCUMSTANCES, INCLUDING THOSE WITHIN OR BEYOND COMPANY'S CONTROL. SUCH CIRCUMSTANCES INCLUDE, WITHOUT LIMITATION, ACTS OF GOD OR GOVERNMENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S INFORMATION, DATABASE, RECORDS, WEBSITE AND ANY SERVICES. CONSUMER SOLELY ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ANY ACCESS OR USE OF WEBSITE OR ANY SERVICES OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THE WEBSITE AND ANY SERVICES.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN WARRANTY, CONTRACT, TORT OR OTHER CIVIL CAUSE OF ACTION, PRODUCT OR STRICT LIABILITY, OR OTHER THEORY, ARISING FROM OR RELATING IN ANY MANNER TO THE USE OF OR RELIANCE UPON THE WEBSITES, OR ANY SERVICES, EXCEED ANY COMPENSATION PAID WITHIN THE LAST SIX (6) MONTHS, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE WEBSITES OR ANY SERVICES. TO THE EXTENT TO WHICH LOCAL OR STATE AUTHORITIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
You, the Consumer, must defend Company against any claim made or brought against Company by a third party alleging that anything Consumer said or did via the Website or Services is a violation of, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. Consumer shall indemnify Company for reasonable attorney's fees incurred by Company in connection with any such Claim for any damages plus any and all damages finally awarded against Company, provided that the Company makes reasonable efforts to give the Consumer written notice of the Claim. The Company will also offer the Consumer a reasonable opportunity to undertake defense of the Claim provided the Consumer selects defense counsel reasonably acceptable to Company and provides a bond or other reasonable assurance that any judgment will be paid.
By using the Services, you agree and authorize the Company and its affiliates to send you emails for a period of 3 years from your most recent use, without the opportunity to opt out. The emails may include communications regarding your use of the Services, changes in the Consumer Agreement, and/or information about the Company, its Websites and its offerings.
This Consumer Agreement and its Terms and Conditions of Use will be interpreted under and construed in accordance with the Federal Arbitration Act and the domestic laws of the State of California without resort to California's conflict of law rules. Except as may otherwise be agreed in writing by you and the Company's CEO, any disputes or claims arising under or related to the Services or under this Consumer Agreement will be determined by binding arbitration under the then applicable Commercial Arbitration Rules of the American Arbitration Association on an individual basis. The arbitration may not be part of any class action or other representative proceeding. The arbitration shall be conducted in English before a single arbitrator in San Francisco, California. The person filing the arbitration shall initially bear the filing costs. The parties shall share the costs of the arbitrator but shall each bear their own attorney fees and legal expenses. The arbitrator may award the cost of the filing fee initially borne by the party asserting the claim to that party if it prevails, and may also award the share of the fee and costs of the arbitrator to be borne by the party that ultimately loses.
Any disputes or claims between Consumer and the Company arising under this Consumer Agreement or related to the Services may be filed and heard only in an individual action in a state or federal court located in San Francisco County or Marin County, California and such courts shall have exclusive jurisdiction of such actions. You consent to personal jurisdiction in such courts, agree that any matter heard in a court shall be determined by a judge, and you waive any right to have a jury.
Company reserves the right to prospectively change or modify any of the provisions, terms, or conditions contained in this Consumer Agreement or any incorporated terms and conditions at any time, in the Company's sole and absolute discretion, and without advance notice. Any change or modification will be effective immediately upon posting of the revision(s) on the Website or in the portion of the Website dealing with the particular Services involved. By using or continuing to use the Website or any Services after the changed Terms and Conditions have been posted you are agreeing to the revised or updated Terms and Conditions, even if the Website does not affirmatively request your consent.
The Company may at its sole and absolute discretion, terminate any privilege you may have to access the Website and/or any of its Services at any time, without advance notice, and without any liability to you or anyone else. While the Company may attempt to send you electronic notice that you may not use the Website or any Services, it shall have no obligation to do so and may simply disable any access that you have established. Any direct or indirect use or attempt to access the Website or any Services after you have received notice that you have been banned, or that your privileges to use the Website have been revoked, shall be regarded as an illegal trespass and may subject you to criminal prosecution and/or damages.
The terms and conditions contained in this Consumer Agreement are in addition to any other contractual terms and conditions that may apply under any other agreement(s) between You, the Consumer, and the Company, except that to the extent there shall be an inconsistency between this and any such other Agreements, the terms and conditions of this Consumer Agreement shall prevail to the extent that it relates to the use of the Services.
If any provision of this Consumer Agreement -- Terms and Conditions of Use is determined by a court to be invalid, unlawful, unenforceable, or void for any reason, then that provision shall be deemed severable from this Consumer Agreement and shall not affect the validity or enforceability of any remaining provisions, which will continue to be valid and enforceable.