Contract Terms, Conditions and Legal Notices

PLEASE READ THE FOLLOWING TERMS, CONDITIONS AND LEGAL NOTICES ("Agreement") CAREFULLY BEFORE USING DUIAttorneys.com WEBSITE (the "Site" or "DUIA"). As a participating lawyer or law firm (“Participant”), you give your assent to the terms of this Agreement. If you do not agree to these terms, you may not use the Site for any purposes. Legal Brand Marketing, LLC ("LBM"," "We" or "Our") has the sole discretion, to modify, add, or remove any terms or conditions of this Agreement without giving individual notice to Participant. Your continuing participation as an advertising lawyer on the Site signifies your acceptance of any such changes.

• Effective date of Agreement

The effective date of this Agreement is when Participant’s credit card is charged for the initial set-up fee (as described in paragraph 10(b)).

• Length of Agreement

The Agreement lasts 30 days from the Effective Date and is automatically renewed at the end of each 30 day period. If, for any reason, Participant wishes to cancel the Agreement, Participant must communicate said wishes with LBM in writing. Participant must give 30 days’ notice for cancellation. All services until cancellation date will be owed to LBM by Participant. Participant hereby agrees to pay for all services rendered until 30 days after notice of cancellation has been received by LBM. LBM reserves the right to cancel the contract at any time without notice to Participant. Participant will be billed only for services rendered to the date of cancellation.

• Cancellation of Agreement

All cancellations must be in writing. Please direct all correspondence regarding cancellation to Braden@LegalBrandMarketing.com or Legal Brand Marketing, LLC 22130 Clarendon St., Woodland Hills, CA 91367

• Description of Services

This Site is licensed to Participants located in geographic areas across the United States to (i) allow each such Participant to promote their legal practice within the geographic territory in which each is located, (ii) facilitate the public's ability to learn about DUI law and (iii) interact with those seeking information through DUIA (Users). In addition to educating the general public about DUI law, each Participant provides Users with the ability to submit information about their specific DUI cases, and to request contact by such Participant to discuss their cases and to possibly retain participants to represent them. Participant understands that LBM does not refer attorneys or law firms, and does not endorse any of the law firms that license use of the Site. It is the user’s decision alone whether or not to work with a licensing Participant.

Neither DUIA nor LBM is a law firm. DUIA is a website owned and operated by LBM. LBM does not receive any portion of any Participant’s fees. Any arrangements or agreements subsequently made by Participant and Users are strictly between those two parties and do not involve LBM in any way. You understand that LBM and DUIA do nothing more than license the use of this Site to Participants to assist in marketing of such Participants.

• Purpose

THIS WEBSITE IS AN ADVERTISEMENT OF LEGAL SERVICES, and all of the materials and information on the Site are provided for informational purposes only, and may not reflect current legal developments or variances in the law of different jurisdictions. Nothing on the Site should be construed as legal advice or used as a substitute for legal advice. Neither LBM nor DUIA provides legal advice. The Participant is solely responsible for providing its services to Users. Neither LBM nor DUIA shall be liable for any damages or costs of any type arising out of or in any way connected with services provided by Participants (including, without limitation, claims based on malpractice). Any claim arising out of a relationship between Participants and Users shall be brought solely against such Participant or User. Neither LBM nor DUIA is doing anything more than assisting Participants to market their respective practices. As a result, neither LBM nor DUIA shall be included within any such claim.

• Participant’s responsibility to Provide Profile information

Participant will be responsible for providing LBM with information for the profile listing. Non-receipt by LBM of profile information for any profile or listing does not constitute a cancellation or revocation of the Agreement. All fees will be due to LBM until written notice of Participant’s cancellation of the Agreement is received and 30 days has passed.

• LBM’s responsibility to Act in a Timely Manner

Once information is received regarding a profile listing from a Participant, LBM has the responsibility to review, approve, reject or change the provided information and notify Participant of rejection of the profile information in a timely manner.

• Description of Levels of Membership

There are six (6) levels of membership for Participants of DUIA.

• Top spot statewide listing. This listing is exclusive. Only one (1) Participant per state will be allowed. Top spot listings are available on a first-come, first-served basis. The Top Spot statewide Participant will receive (i) an optimized profile to be visible to all Users looking for an attorney in the specified state and (ii) a standard, non-exclusive listing to be visible to all Users looking for an attorney in the specified state.
• Top spot listing. This listing is exclusive. Only one (1) Participant per county will be allowed. The Participant will receive an optimized profile that will be visible to all Users looking for an attorney in five (5) specified counties. These counties will be chosen by the Participant. Premium county listings are available on a first-come, first-served basis. In addition to a profile, the Participant will receive a standard, non-exclusive listing to be visible to all Users looking for an attorney in the specified state.
• Premium statewide listing. This listing is exclusive. Only three (3) Participants per state will be allowed. Premium listings are available on a first-come, first-served basis. The Premium statewide Participant will receive (i) an optimized profile to be visible to all Users looking for attorney in the specified state and (ii) a standard, non-exclusive listing to be visible to all Users looking for an attorney in the specified state.
• Premium spot listing. This listing is exclusive. Only three (3) Participants per county will be allowed. The Premium Participant will receive an optimized profile that will be visible to all Users looking for an attorney in five (5) specified counties. These counties will be chosen by the Participant. Premium county listings are available on a first-come, first-served basis. In addition to a profile, the Participant will receive a standard, non-exclusive listing to be visible to all Users looking for an attorney in the specified state.
• Standard statewide listing. This listing is non-exclusive. Participants will receive a tailored profile listing to be visible to all Users looking for an attorney in the specified state.
• Standard listing. This listing is non-exclusive. Participants will receive a tailored profile that will be visible to all Users looking for an attorney in each of the specified five (5) counties. These counties will be chosen by the Participant.
• Payment Terms

Participant agrees to pay LBM by way of automatic charge to a credit card. All services will be pre-paid. Participant agrees to notify LBM immediately if any change in credit or payment information occurs.

10. Fees

A. Monthly Fees

Participant will be charged according to the following table:

B. Setup fees

Participant will pay a $95 set-up fee for an initial profile. This is a one-time fee that will not be recharged to a participant who chooses to increase, decrease or alter current membership.

• Change in Fees

LBM has the sole right and discretion to change the amount of fees at any time without direct notice to Participant.

• Late Payment/No Payment

If Participant is more than 5 days late in payment for any reason, LBM reserves the right to remove or delete any listing on DUIA. Participant agrees that all services rendered to the point of removal or deletion of Participant’s profile will be due to DUIA. Before DUIA replaces the profile information on the site, all past due payments must be paid in full.

• Modifications to the Site

LBM and DUIA reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice. In the event of a modification or discontinuance, all information submitted by Users and/or Participants may be lost. Participants agree to keep a permanent record of all information provided to LBM and DUIA. Participants agree that all information submitted to us is at your sole risk. Participant agrees that neither LBM nor DUIA has any responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site including, without limitation, messages and other communications. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

• Rules of Participation

By submitting information to, reading, participating, or otherwise using the Site, Participant agrees that the following rules will be abided by:

1. The Site may only be used in good faith and may not be used to transmit or otherwise make available any information that is false or that Participant does not have a right to make available under any law or under contractual or fiduciary relationships. Participant may not threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity's intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive.

1. You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).

1. Unless you have our prior written consent, you will not post advertisements or promotional materials, solicit participants and/or visitors of the Site, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or its Services, use of the Site or it Services, or access to the Site or its Services.

1. You are prohibited from using any type of computer "worm," "virus" or any other device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the Site. If you do engage in such conduct, the resulting damage will be hard to quantify as a dollar amount and thus you hereby agree to pay us liquidated damages in the amount of $5,000 for each day that the Site is damaged until the Site is completely repaired. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable site, (2) the time and money it will take to repair the Site and to address the concerns of visitors. We are required to use reasonable efforts to repair the Site as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated herein.
   
2. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.

1. You shall not intentionally or unintentionally violate any applicable local, state, national or international law.

1. If Participant submits information through the Site, Participant agrees to provide true, accurate, current and complete information. If Participant provides any information that is untrue, inaccurate, not current or incomplete, and/or we have reasonable grounds to suspect that such information was intentionally made untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your participation in the Site and/or refuse any and all current or future use of the Site or its services (or any portion thereof).

1. Participant understands and agrees that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Participant, not LBM, is entirely responsible for all Content that Participant uploads, posts, emails or otherwise transmits via the Site. LBM does not control all of the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LBM or DUIA be liable in any way for any content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.

1. Participant acknowledges that LBM may or may not pre-screen content, but that LBM and our designees shall have the right (but not the obligation) in our sole discretion to prescreen, refuse, or move any Content that is available via the Site. Without limiting the foregoing, we and our designees shall have the right (but not the obligation) to remove any Content that violates this agreement or is otherwise objectionable.

• Intellectual Property Rights

Participant acknowledges and agrees that the Site and any necessary software used in connection with the Site may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for the limited license contained in paragraph 16 , nothing in this Agreement grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Site and its content belong to LBM. No part of the materials including graphics or logos, available in this Site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission. Except as expressly authorized by us, you further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the software, in whole or in part.

• Limited License; Permitted Uses

You are granted a non-exclusive, nontransferable, revocable license (1) to access and use the Site strictly in accordance with these Terms and Conditions.

• Indemnity

Participant agrees to indemnify and hold LBM, and its licensors, subsidiaries, affiliates, equity holders, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand made by any third party, including reasonable attorney's fees due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of this agreement, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your account or password, with your knowledge.

• Errors and Corrections

LBM does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. LBM does not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. LBM may (but is not obligated to) make improvements and/or changes to features, functionality or Content of the Site at any time. In no event shall LBM be liable for any errors or defects.

• Termination

As a Participant of the Site, you do not acquire any rights to the Site other than the limited license to use the Site (as set forth in paragraph 16) that can be terminated in accordance with this section. Participant agrees that LBM, in its sole discretion, may terminate Participant’s password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, non-payment, for lack of use, or if we believe that you have violated or acted inconsistently with this Agreement. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. Participant agrees that any termination of Participant’s access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that LBM may immediately deactivate or delete Participant’s account and all related Content information and files in Participant’s account and/or bar any further access to such files or the Site. Further, Participant agrees that LBM shall not be liable to Participant or any third-party for any termination of Participant’s access to the Site.

• Third-Party Content

Third-party content may appear on this Site or may be accessible via links from this Site. LBM shall not be responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Site. Participant understands that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by LBM nor does it reflect LBM’s beliefs.

• Dealings with Advertisers

Participant agrees that LBM shall not 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 such advertisers on the Site.

• Links to Other Websites

The Site may contain "hyperlinks" to websites neither owned nor controlled by LBM and LBM is not responsible for, and, unless otherwise noted specifically, make no representations or endorsements with respect to these sites or with respect to any service or product associated with these sites.

• Disclosures Regarding Attorney Advertising

Neither LBM nor DUIA operates as a lawyer-advertising cooperative, lawyer referral service, prepaid legal insurance provider, or similar organization the business or activities of which include the referral of customers, members, or beneficiaries to lawyers for the performance of fee-generating legal services or the payment for or provision of legal services to the customers, members, or beneficiaries in matters for which they do not bear ultimate responsibility.

• Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE ARE PROVIDED SOLELY ON AN "AS-IS/AS-AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT AND SERVICE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.

WE DO NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

• Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF ANY.

• General Terms
• Entire Agreement . This Agreement sets forth the entire agreement between the Parties on this subject and supersedes all prior negotiations, understandings and agreements between the Parties concerning the subject matter. No amendment or modification of this Agreement shall be made except by a writing signed by both Parties.

• Governing law; Venue . This Agreement and its enforcement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflicts-of-law principles. Each Party irrevocably consents to the exclusive jurisdiction of the courts of the State of California and the federal courts situated in the State of California in connection with any action arising under this agreement. Parties agree that venue shall be the Los Angeles County Superior Court.

• Amendment and Waivers . This Agreement may be amended only by an instrument in writing signed by the parties hereto. No waivers of or exceptions to any term, condition or provision of this Agreement, in any one or more instances, shall be deemed to be or construed as, a further or continuing waiver of any such term, condition or provision.

• Severability . If any provision of this agreement is deemed by a court of competent jurisdiction to be unenforceable or contrary to any applicable law or regulation, such provision shall be enforced to the maximum extent permitted by law and to affect the Parties’ fundamental intentions hereunder, and the remainder of this Agreement shall continue in full force and effect.

• Attorney’s fees . In the even that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party shall be entitled to all costs and expenses of maintaining such suit or action, including reasonable attorneys’ fees.

• Confidentiality . This Agreement is confidential, and neither Party shall disclose the Agreement to any third party.

25. Statute of Limitations

Any claim or cause of action arising out of or related to use of this Site, this Agreement and/or the relationship between Participant and LBM must be filed within one (1) year after such claim or cause of action arose or be forever barred.

26. Attorney Ethics Notice

If you are an attorney, participating in any aspect of this Site, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.

LBM does not warrant that Participant’s participation in the DUIA complies with any specific state’s ethical obligations regarding the practice of law. LBM makes no warranties, express or implied, as to the ethics of participation in DUIA and expressly disclaims any liability in connection therewith. LBM understands that Participant either has or will consult with ethics counsel and will operate in accordance with the advice of such counsel.