- Introduction
This Agreement sets out the terms for using the Lawyer Referral Exchange
LLC (hereinafter "LawRex") Network. The LawRex Network consists of all
password protected areas of the LawRex website. By accessing the LawRex
Network you are expressly indicating that you have read, consent, and agree
to comply with the term of this Agreement. In this Agreement we refer to LawRex as "LawRex"
or "we," to you as the "user," to you and other LawRex users as collectively
as "users," to other LawRex users as "other users," and to this contract as
the "Agreement."
- Relationship Between LawRex and user: LawRex Only Provides a Venue
LawRex is an Internet forum that facilitates communications between legal
professionals for the purpose of exchanging information about participating
lawyers.
LawRex acts as an online venue. LawRex does not guarantee that users will
find other legal
professionals through the LawRex Network. LawRex takes no position and
offers no
opinion on when or if an attorney-client relationship has been formed.
In order to provide an optimal forum for legal professionals, LawRex does
not involve itself in the agreements between users or legal professionals or
the actual representation of clients. Therefore, we cannot ensure the
completion of the agreement or the integrity of any party. LawRex will not
be a party to any referral fee dispute or other related legal matter or
claim asserted by or amongst users. Users, and not LawRex, are solely
responsible for assessing the integrity, honesty, and trustworthiness of all
other users with whom the user communicates on the LawRex Network and
seeking redress for any grievance and/or complaint against other users.
- LawRex does not screen or vouch for any of its users
Providing a service where legal professionals can meet does not imply an
endorsement of any legal professional or user or users. LawRex makes no
representation concerning any users qualifications (except that the user was
licensed and in good standing to practice law in one or more jurisdictions
at the time that they registered), nor does LawRex sanction statements users
may post on the LawRex Network. LawRex does not screen participating
lawyers, referrals, or otherwise channel referrals to selected legal professionals.
Instead, LawRex provides a forum for users to locate other legal
professionals, by individual users, who use LawRex points, which are awarded to all users
in an equal amount upon acceptance to LawRex, to express their level of interest in talking with particular
lawyers.
- LawRex Does not provide legal advice
LawRex is not a law firm, even though LawRex is solely owned by a
licensed attorney. LawRex offers no legal advice, recommendations, mediation, or counseling
under any circumstance. LawRex encourages users not to accept, as legal advice, any information received
from any source found on this service, unless it is from a licensed legal
professional that the user has investigated and retained by the user to
provide legal advice.
- Disclaimer of representations by users
LawRex makes no representation, guarantee, or warranty (express or
implied) as to the legal ability, competence, or quality of representation
which may be provided by any of the attorneys or law firms or user or users
which may submit bids and/or are listed through the LawRex network or
website or any affiliate thereof.
- User Guidelines
In order to keep the LawRex Network attractive and useful for all users,
it is important that users follow the rules of the Network. Some of these
rules are described in this Agreement, and the rest in bulletins posted at
various points in the LawRex Network webpages and in users individual
Subscription Agreements. LawRex reserves the right to deny further access
to the LawRex Network to any user who violates these rules, who receives
complaints from LawRex users, for any other reason, or for no reason at all.
LawRex may deny access to the LawRex Network if the user submits one or
more incomplete or inaccurate referrals over the LawRex Network. This
includes failing to provide accurate and complete referral contact
information for the referral and/or providing inaccurate referral
descriptions, referral terms, and/or other pertinent information.
LawRex provides a means for users to ask other users questions about
pending referrals. LawRex users may only use this feature to ask genuine
non-offensive questions and answers about the referral. Users may not use
this feature to contact users about anything other than posted referrals.
Users are not to contact other users outside of the LawRex Network about
pending referrals. LawRex may deny access to the LawRex Network if LawRex receives notice that any
user is contacting other users outside of the LawRex Network.
Users may not engage in any of the following activities on the LawRex
Network:
- do or say anything to injure or harm others
- display material containing nudity or pornographic material of any kind
- provide material that is grossly offensive to the online community,
including blatant expressions of bigotry, prejudice, racism, hatred, or
profanity
- promote or provide instructional information about illegal activities,
or promoting physical harm or injury against any group or individual
- defame any person or group
- display material that exploits children under 18 years of age
- violate the rights of another, including but not limited to the
intellectual property rights of another. This includes using the LawRex
Network
for acts of copyright, trademark, patent, trade secret, or other
intellectual property infringement, including but not limited to offering
pirated computer programs or links to such programs, information used to
circumvent manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker utilities
(this also includes files which are solely intended for game emulation)
- violate Internet standards
- use the LawRex Network for displaying harassing, abusive, threatening,
harmful, vulgar, obscene, or tortuous material or invading other's privacy
- interfere with or disrupting the LawRex Network or servers or networks
connected to the LawRex Network by posting unauthorized advertisements or
links to competing services, transmitting "junk mail", "spam", "chain
letters", or unsolicited mass distribution of e-mail
- encourage any illegal activity, including anything to do with illegal
drugs, gambling, pornography, prostitution, child pornography, robbery,
spreading computer viruses, cracking into private computer systems, software
infringement, trafficking in credit card codes, or other crimes
- compromise the security of the Service LawRex provides. Do not try to
gain access to system areas private to LawRex, or to other Users.
- Expressing Interest in Referrals
Users use points, which are awarded equally to all members upon acceptance to LawRex, to
express their level of interest in talking to other participating users
about potential cases they would like to referr out. Users will only be able to
view and express their interest on the LawRex Network using LawRex points for
matters in their particular jurisdiction(s) and practice area(s). Users may post
referrals on the LawRex Network for any jurisdiction and practice area.
Users are responsible for reviewing the referral details prior to using
points to express an interest in any particular matter. Users should use
the LawRex messaging system to research or gather additional information
about any user prior to using points to express an interest in the
user's referral.
Users shall not use points to express interest in any matter if they do
not intend to contact the referring user (and/or client) if awarded the
referral.
Users shall use their best efforts to attempt to contact any and all referrals that they receive
through the LawRex Network. This does not mean that the user must accept legal
representation of the referral, rather, it merely means that users agree to
attempt to contact the referral.
Users agree to either not express an interest in referrals that require
referral fees or they agree to abide and be bound by any referral fee
arrangement required by any particular referral if they opt to express an
interest in that referral.
- Posting Referrals
Users shall only post referrals and supporting details that they beleive
are accurate, true and correct and that involve claims that the user
reasonably beleives have legal merit. Users shall immediately cancel any
referral once they learn that any referral or supporting details are
inaccurate, untrue or incorrect or the claims do not have legal merit.
Users shall not submit any referral over the LawRex Network without first
getting the appropirate permission from the potential client to do so. In
many cases this may simply involve asking the potential client if it is okay
to have another attorney contact him or her. Users must review their
jurisdictions ethical rules to determine what is appropriate in this regard.
Users shall in good faith provide sufficient case details as would be
reasonably necessary for another user to make informed choices about whether
they are interested in the referral.
Users shall not provide specific statements of guilt or liability about
any referral or potential client. If there are sensitive details that the
user is aware of that cannot or is not appropriate to be released to the
LawRex community at large, they should include those details in the
"Specific Case Details" (which will only be made available to the attorney
who is awarded the referral) section of the electronic form used to submit
referrals to the LawRex Network.
Users shall in good faith attempt to respond in a timely fashion to all
reasonable queries from other users about referrals that the user submits
over the LawRex network.
During the pendancy of any referral, users shall not provide their name
or contact information to any other
user via the LawRex Network or outside the LawRex Network as a result of
referrals from the LawRex Network, unless expressly directed to do so in
writing by LawRex or at the direction of a court of competent jurisdiction.
The referring user's contact information will be disclosed to the user
who expresses the highest interest. It is up to the user who expresses the
highest interest to contact the referring user to gather the case details
and
contact information. The referring user may opt to use the LawRex Network
to provide the case details and contact information to the user who
expressed
the highest interest. Users expressly agree to provide this information to
the user who expresses the highest interest (if the points are in excess of
any
minimum reserve set by the referring user).
- Ratings
LawRex cannot monitor, approve, or verify the accuracy or appropriateness
of referrals submitted over the LawRex network; therefore, LawRex provides
users with the ability to rate and/or comment on the referrals submitted by
other users of the LawRex Network. Ratings and/or comments posted on the
LawRex Network will be available for review by other users.
Therefore, users must take the time to rate any and all referrals that they
receive through the LawRex Network. This rating system is important becuase
other users will benefit from the current users experience. Therefore,
users
agree to provide ratings for each referral that they receive over the LawRex
Network.
Users should understand that some referrals might generate
negative referral ratings, despite the referring users best efforts to
provide
accurate and quality referrals. In some instances inaccuracies or the
quality of the
referral may not be the fault of the user who submitted the referral over
the LawRex network.
As such, users are encouraged to take this into account when rating
referrals and when using
the referral rating in determining whether to express interest in any users
referrals.
LawRex has no obligation to mediate or otherwise reconcile differences
between users or change or alter negative ratings and/or comments or to
restore points used on inaccurate or inappropriate referrals. Users run the
risk that they may expend points on inaccurate or inappropriate referrals.
The ability to rate and/or comment on referrals and/or ratings is the users
sole remedy for these occurrences provided by LawRex. Users can provide a
one sentence reply to any negative referral rating.
While we encourage open and unrestricted use of the network, we do not
tolerate offensive conduct. When rating and/or commenting on experiences,
please keep the comments accurate, constructive and civil. Bear in mind
that the ratings and/or comments are to rate the referrals, not the
referrer. The use of disparaging and defamatory comments does not serve the
purpose of the network and may result in legal liability to the user.
LawRex reserves the right to terminate this agreement and restrict future
access to the LawRex Network to users who post ratings and/or comments that
are defamatory, hostile, vulgar, or otherwise distasteful or inappropriate.
- Disclaimer of Information Obtained on the Service
LawRex provides legal professionals with a forum that functions as an
open market. LawRex is not responsible for the content of materials posted
on its Network or websites. The opinions and views expressed are those of
the individual users of the LawRex Network and do not reflect those of
LawRex. Data submitted by other users (both attorneys and other users) is
not verified or reviewed in any way before it appears on the LawRex Website
or LawRex Network. LawRex does not warrant the validity or accuracy of any
such information. Please use caution and common sense when using this site
and Network.
LawRex does not continuously review the standing of any subscriber with
any regulatory authority. Users agree not to access the LawRex Network if
they are suspended and/or disbarred or otherwise restricted or prohibited
from practicing law or providing legal representation to clients in any one
or more of the jurisdictions in which they are licensed. If such access is
brought to the attention of LawRex, LawRex may report said users conduct to
the appropriate licensing agency or other proper authority.
LawRex makes every effort to verify that users who subscribe to the
LawRex Network are licensed and in good standing in at least one state
within the
United States or its possessions or territories at the time of registration.
However, LawRex is unable to track, verify, or monitor the standing of each
attorney using the Network. Therefore, LawRex makes no representation
regarding the status, standing or ability of any user, users, attorney or
law firm that uses the LawRex Network.
LawRex is not responsible for, and in no way endorses, any description or
indication of specialization or limitation of practice by a user, users,
attorney or law firm or other legal professional.
Users are encouraged to use caution when reviewing any information
submitted by users, attorneys and other parties. Although LawRex strongly
encourages users and attorneys and legal professionals to comply with all
laws and regulations governing attorney conduct, it is impossible for LawRex
to monitor users and attorneys' integrity or compliance with the applicable
laws and rules of conduct.
LawRex in no way endorses the content or legality of any offers,
statements, or promises made by users, attorneys or any other parties, on or
off this website or LawRex Network.
- Confidentiality
LawRex makes every effort to maintain the confidentiality of any
information submitted by users to the LawRex Network. However, because
LawRex cannot control the conduct of others, we cannot guarantee that this
information will remain confidential. Please use caution in deciding what
information to input into the LawRex Network. Do not make any confessions
or admissions of guilt or liability. Do not provide any other highly
personal, sensitive, or incriminating information. Do not use proper names
or addresses, other than in providing your information when establishing
your account and in providing referral contact information in the designated
spaces provided in the LawRex website. LawRex is not responsible for the
release or improper use of such information by other users or any release
due to error or failure in the LawRex Network.
- Indemnification
The user agrees that LawRex is not responsible for any harm that the
LawRex Netowork or other service may cause. The user agrees to indemnify,
defend, and hold LawRex harmless from and against any and all liability and
costs incurred in connection with any loss, liability, claim, demand,
damage, and expenses arising from or in connection with the contents or use
of the LawRex Network. The user agrees that this defense and indemnity
shall also
apply to any breach by the user of this or any related Agreement or the
foregoing representations, warranties and covenants. The user further
agrees that this defense and indemnity shall include without limitation
attorney fees and costs. The user also agrees that this defense and
indemnity shall apply to LawRex, its affiliates, directors, officers and
employees. LawRex reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by the user and the user shall not in any event settle any
matter without the written consent of LawRex.
- Communications and Other Data
LawRex is not responsible for any loss of data resulting from accidental
or deliberate deletion, network or system outages, file corruption, or any
other reasons.
- Other LawRex Rights
LawRex also reserves the following rights:
- to release current or past user information, pursuant to the terms of
this Agreement, your Subscription Agreement, and/or the Privacy Policy in
the event LawRex believes that accounts are in violation of the terms of
service or page content guidelines, used to commit unlawful acts, if the
information is subpoenaed, and/or if LawRex deems it necessary and/or
appropriate.
- to deny service to offenders of these guidelines or this Agreement or
any Subscription Agreement
- to remove or reduce points awarded or held by any user for any reason or
no reason
- to terminate or deny service to anyone or any user for any reason or no
reason
- Modifications to Terms of Service
LawRex may change this Agreement at any time. LawRex will attempt to
notify the user of the change by posting notice of the change on the LawRex
main page (http://www.LawRex.com) or possibly via email or other
communications channels. Users are responsible for promptly reading and
complying with the new terms and conditions. Continued use of the service
will indicate acceptance of the new terms and conditions.
- Modifications to Service
LawRex reserves the right to modify or discontinue, temporarily or
permanently, the LawRex Network with or without notice to the user. The
user agrees that LawRex shall not be liable to the user or any third party
for any modification or discontinuance of the LawRex Network. The user
acknowledges and agrees that any termination of the LawRex Network under any
provision of this Agreement may be effected without prior notice, and
acknowledges and agrees that LawRex may immediately delete data and files in
the user's account and bar any further access to such files or the LawRex
Network.
- LawRex's Proprietary Rights
LawRex owns certain things on this system, including the 'look and feel'
of the system, the name of the system, the collective work copyright in
sequences of public messages on the system, and the business method. Users
cannot reproduce any message thread from the system, either electronically
or in print, without LawRex's permission and the permission of all
participants in the thread. This is not a complete list - other things on
the system are also LawRex property. Contact LawRex before copying anything
from the system with plans of reproducing it or distributing it.
The user acknowledges and agrees that content, including but not limited
to text, software, music, sound, photographs, graphics, video, page layout
and design, or other material contained in the LawRex Network or webpages or
information presented through the LawRex Netowrk or webpages is protected by
copyrights, trademarks, service marks, patents, or other proprietary rights
and laws. The user acknowledges and agrees that the user is permitted to
use this material and information only as expressly authorized by LawRex or
its Sponsors, and may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express
authorization. The user acknowledges and agrees that LawRex can display
images and text throughout the LawRex Network and webpages.
- Disclaimer of Warranties and Limitation of Liability
A great danger for LawRex, and for all operators of online networks, is
that we might be held accountable for the wrongful actions of our users. If
one user libels another user, the injured user might blame us, even though
the first user was really at fault. If a user uploads a program with a
computer virus, and the other users' computers are damaged, we might be
blamed even though a user left the virus on our System or Network. If a
user transmits illegal or improper information to another user, we might be
blamed even though we did nothing more than unknowingly carry the message
from one user to another. Accordingly, we need all users to accept
responsibility for their own acts, and to accept that an act by another user
that damages them must not be blamed on us, but only on the other user.
Although it is LawRex's goal to provide users with a reliable, quality
system, we may make mistakes or experience system failure from time to time.
Such problems are inevitable in operating any computer based system or
network. We would not be able to make this network available to users if we
had to accept blame or financial liability for any usability problems,
system failures or errors, or mistakes or damages of any kind. In order to
continue offering and improving our service, LawRex must deny any warranties
on this service and insure that our liability for any problems connected
with the use of our system is strictly limited.
These needs are accomplished by the following disclaimers:
Disclaimer of Warranties
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LAWREX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. LAWREX MAKES NO WARRANTY THAT THE SERVICE WILL MEET
USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; NOR DOES LAWREX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE
SOFTWARE OR NETWORK WILL BE CORRECTED. LAWREX MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER
FROM LAWREX SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
THE USER AGREES THAT LAWREX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF LAWREX HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT LAWREX SHALL
NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR
TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT.
- Arbitration
Any controversy or claim arising out of or relating to this Agreement or
the breach thereof or the LawRex Network, shall be settled by arbitration
administered by the American Arbitration Association under its Commercial
Arbitration Rules, and shall be conducted in Boulder, Colorado. Any such
controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim controversy of any
other party. Irrespective of any choice of law rules, the arbitrator will
apply the substantive law of Colorado and the Federal Rules of Evidence.
The arbitrator will have jurisdiction to hear and rule on pre-hearing
disputes and is authorized to entertain a demurrer and a motion for summary
judgment or summary adjudication. The arbitrator shall also have
jurisdiction to decide claims for interim or preliminary relief pursuant to
the Association’s Optional Rules for Emergency Measures of Protection.
Pre-hearing exchange of information shall be governed by the AAA Commercial
Arbitration Rules and Colorado law. The arbitrator will render a written
award and opinion that reveals the essential findings and conclusions upon
which the award is based.
- General
This agreement, the Agreement, incorporates by reference the individual
Subscription Agreement, LawRex's Privacy Policy, the terms provided on
LawRex's Frequently Asked Questionss (FAQs) page, and any notice by LawRex
contained in any of the website pages and constitutes the entire
understanding between the user and LawRex regarding the user's relationship
to the LawRex Network or other service.
Users can reach or access the LawRex Network or website from all fifty
states and around the world. Each of these places has a different set of
laws. Since LawRex cannot keep track of all these laws and their
requirements, the Agreement and the relationship between the user and LawRex
shall be governed by the laws of the State of Colorado without regard to its
conflict of law provisions.
If LawRex fails to exercise or enforce any right or provision of this
Agreement or other incorporated agreements, that failure shall not be used
to prove or be construed that LawRex has waived the right or provision. If
any provision of this Agreement or other incorporated agreements is found by
a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and that the other provisions of
the Agreement remain in full force and effect. The user agrees 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 LawRex Network or service or
the Agreement or incorporated agreements must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section
titles in the Agreement are for convenience only and have no legal or
contractual effect.
We appreciate your interest and support and we welcome you to our
community! Please contact LawRex prior to accessing the LawRex Network if
you have any questions about this Agreement.
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