Terms of Service
Law Tavern Web Services offers a variety of products and services, each of which is governed by a Terms & Conditions of Service agreement. Terms & Conditions agreements explain the duties and responsibilities of both Law Tavern Web Services and any Law Tavern Web Services client. Use of any Law Tavern Web Services products and/or services constitutes acceptance of these Terms & Conditions. Please be sure to read and understand the Terms & Conditions before use of any Law Tavern Web Services’ subscriptions, services, and/or products.
TERMS AND CONDITIONS PERTAINING TO LAW TAVERN WEB SERVICES WEBSITE SUBSCRIPTION SERVICES: THESE ARE THE TERMS AND CONDITIONS APPLICABLE TO THE USE AND SUBSCRIPTION TO A WEBSITE PROVIDED BY LAW TAVERN WEB SERVICES RELATED TO YOU (CLIENT) AND LAW TAVERN WEB SERVICES (LTWS). IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MUST YOU MUST NOT PROCEED WITH ENTERING INTO A SUBSCRIPTION OR USING A LTWS WEBSITE, PRODUCT, AND/OR SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE BEEN PROVIDED THIS INFORMATION PRIOR TO ENTERING INTO A SUBSCRIPTION, PRODUCT, OR USING A WEBSITE WITH LTWS. IF YOU DO NOT WISH TO CONTINUE WITH THE SUBSCRIPTION THE SERVICE(S) WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY. BY ENTERING INTO A LTWS SUBSCRIPTION, SERVICE AND/OR PURCHASING A PRODUCT SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ, UNDERSTOOD, ACKNOWLEDGE, CONSENT TO, AND AGREE TO BE BOUND BY LTWS TERMS & CONDITIONS OF SERVICE AGREEMENT.
ADDITIONALLY, THE CLIENT MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM LAW TAVERN WEB SERVICES, OR ITS PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS WILL BE PRESENTED TO THE CLIENT AT THE TIME OF PURCHASE, ACCOUNT LOGIN AND/OR AS THE THIRD PARTY HAS ELECTED, AND IT IS THE CLIENT’S OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT. THE TERMS & CONDITIONS FOR ALL OF OUR SERVICES, PRODUCTS, AND SUBSCRIPTIONS CAN BE FOUND AT THE FOLLOWING URL ADDRESS: HTTP://WWW.LAWTAVERN.COM/TOS.HTML
LTWS will provide client with the following services (the “Service”). Upon paying the Setup fee, LTWS will build a website (the “Website”) with information provided by CLIENT. If CLIENT has not provided all necessary information to LTWS then CLIENT consents to LTWS temporary language to be entered into the Website pending replacement information to be provided by CLIENT. Upon subscribing to the Service, LTWS will host Client’s website on a network server accessible by the Internet via an assigned Universal Resource Locator (“URL”) and submit CLIENT’S website URL to one or more World Wide Web Search Engines. CLIENT hereby grants to LTWS, and its subcontractors, the necessary rights and licenses with respect to such website to carry out obligations under this Agreement and to make a reasonable number of archival or back-up copies as deemed necessary by LTWS. CLIENT understands, agrees, and acknowledges that the website design layout, including but not limited to graphics and source code, provided by LTWS remains the copyrighted material and intellectual property of LTWS with all such rights reserved by LTWS, and if CLIENT cancels the LTWS service or is no longer a subscriber to the Service then the CLIENT will not infringe upon LTWS copyrighted material. CLIENT further understands, agrees, and acknowledges that LTWS may use a similar website for another CLIENT, and as such, the website provided to CLIENT by LTWS is not exclusive to Client, and may be similar to another website provided to another LTWS client and/or customer.
1) CLIENT shall pay LTWS for the Service provided as agreed, and said payment shall be made monthly via an automatic payment. On any amounts not paid when due, CLIENT agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then CLIENT agrees to pay the highest rate allowed by law. In addition, CLIENT agrees to pay all costs of collection, including but not limited to costs of litigation and reasonable attorneys’ fees. A $20 (Twenty U.S. Dollars) collection fee will be assessed for the following reasons: (a) late payment, (b) payment with insufficient funds, (c) denied or invalid credit card number, (d) denied or invalid PayPal payment, or (e) restart of Service terminated for nonpayment. Payment is late after the fifth (5th) day of the due date, which is calculated as the date of the regularly scheduled payment date. LTWS may change any fee, rate, or plan upon thirty (30) days notice.
2) CLIENT shall be responsible for the following: (a) Providing LTWS with all relevant information and custom images (including, but not limited to, design, pamphlets, brochures, logos, or other images) in connection with development of the website, (b) Contacting LTWS in writing for all changes, modifications, and enhancements to the website and/or Service starting from the date of Service, (c) Contacting LTWS in writing with notice of CLIENT’s decision to cancel or discontinue the Service, (d) Obtaining Internet connectivity to access and use the website, (e) To the extent that CLIENT gathers any personal information about visitors to the website, CLIENT will not share that personal information with any third party without first obtaining the visitor’s consent in writing, (f) Providing current and updated contact information (including e-mail address and fax number) for LTWS’s use in contacting CLIENT concerning the website, (g) Customer represents to LTWS that CLIENT is at least eighteen years old and is responsible for supervising the activities of any under-age user, (h) Ensuring that the website content provided by CLIENT does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) or any other right of any third parties, (i) Ensuring the accuracy of the materials provided to LTWS, including without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the CLIENT, (j) Ensuring that any and all Federal and/or, State rules, or Licensing Authority regulations and/or laws are met and maintained.
3) CLIENT understands that any fees and annual or monthly charges are non-refundable, including but not limited to any fee for setting up the website, commonly referred to as the "setup fee," and monthly subscription payments.
4) Service commencement is initiated on the bases of a recorded order verification and begins on the date that the CLIENT submits the LTWS activation form. This is the site “origination date.” Upon cancellation, CLIENT will receive a final bill reflecting the balance due for any remaining charges, if any. CLIENT agrees to pay all fees incurred by CLIENT and billed to CLIENT via credit card, check, local telephone company, direct billing, PayPal, and/or third party billing arrangement. All direct billing is due upon receipt of invoice.
5) CLIENT will use the Service in a manner which does not interfere with or disrupt other network users, services, or equipment, and LTWS reserves the right to terminate or suspend Service without notice if such interference is determined by LTWS to exist. Such interference or disruption includes, but is not limited to: (a) wide-scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums, propagation of computer worms or viruses, and (b) use of the network to make unauthorized entry to other computational, information, or communications devices or resources, which includes but is not limited to unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
6) LTWS reserves the right to deny, terminate, or suspend Service without notice if, in LTWS' sole discretion, the Service is used by CLIENT in a manner that violates, or may violate the following standards, and LTWS reserves the right to reject, alter, modify, or remove CLIENTS website subscription, website domain name, URL address, or any website content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which LTWS in its sole discretion deems to be: (a) An infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right. By using the Service, CLIENT represents and warrants that any name or word submitted to be used as all or part of the URL associated with the website does not infringe any trademark or domain name rights of any third party. Moreover, CLIENT warrants that it has a present good faith intention to use the URL it requests in connection with a commercial or personal endeavor and that it is not merely "cyber squatting," i.e., obtaining the URL merely to attempt to sell the rights to the URL or sub domain to some third party; (b) In violation of any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders; (c) Offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; is disparaging, defamatory, libelous, or results in an invasion of privacy; promotes or provides instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; or infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right; or may violate any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders; (d) States or implies that the website is placed by LTWS or any party with a contractual relationship with LTWS, or that such parties endorse the CLIENT’s products or services; (e) Pornographic or obscene. LTWS neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. LTWS reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, CLIENT agrees that the unused portion of any fees CLIENT may have paid for any services rendered to CLIENT by LTWS are an appropriate recompense to LTWS for the time required to respond to and address issues created by CLIENT’S illegal or obscene site/content, and CLIENT agrees not to seek recovery of those fees. Further, should CLIENT violate this policy, LTWS will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about CLIENT, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content; (f) Violent or encouraging violence; ( g) Disparaging, defamatory, libelous, or resulting in an invasion of privacy; (h) Promotion or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property, or encouraging illegal or criminal conduct; (i) Promotion or facilitation of, or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities; (j) Intentional holding of LTWS (including its affiliates) or their employees, owners, or shareholders up to public scorn, ridicule, or defamation.
7) LTWS’ services are provided on an "as is" and "as available" basis. LTWS' entire liability and CLIENT'S exclusive remedy against LTWS for any failure of service under this agreement, or the performance or nonperformance of any obligation under this agreement, shall be limited to a refund of amounts paid to LTWS during the period of time that the Services contracted for were interrupted or not provided properly or continuously. The entire liability of LTWS, and CLIENT’S exclusive remedy against LTWS for errors in the website (other than those errors caused by CLIENT) shall be the correction of such errors upon notice from CLIENT. EXCEPT AS EXPRESSLY STATED HEREIN, CUSTOMER’S USE OF THE SERVICE IS AT ITS OWN RISK AND LTWS DISCLAIMS ANY AND ALL WARRANTIES TO CUSTOMER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LTWS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, THAT A PARTICULAR SEARCH RANKING WILL OCCUR OR BE MAINTAINED, OR COMPLETELY SECURE. LTWS disclaims and shall not be liable for any other loss, injury, cost or damage suffered by CLIENT or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the LTWS website and any information available on it, and the delay or inability to use the site or any information, even if LTWS has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails. Except as expressly stated herein, LTWS disclaims any and all warranties to CLIENT, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose.
8) LTWS will not be liable to any third parties for any direct, incidental, or consequential losses or damages suffered by such third parties for any reason, whether foreseeable or not, including, without limitation, damages for loss of profits, loss of income or earnings, loss of business opportunities, injury, or other loss or damage resulting directly or indirectly out of or in connection with the Service, or through use the Service. The foregoing shall apply despite any negligence, misconduct, errors, or omissions by LTWS, including without limitation its employees, representatives, agents, or technical operations. CLIENT assumes sole responsibility for: (a) acquiring any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties; (b) acquiring any authorization(s) necessary for hypertext links to third party websites; (c) the accuracy of materials provided to LTWS, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the CLIENT; and (d) ensuring that the website content provided by CLIENT does not infringe or violate the intellectual property rights or any other right of any third party. LTWS shall have no liability and shall be held harmless for any content provided by Customer that infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses. LTWS disclaims any responsibility for any content, goods, and services available through CLIENT'S website, or the quality or accuracy of any information in CLIENT’S website. LTWS will not endorse, warrant, or guarantee any product or service offered through the Service provided to CLIENT. LTWS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO THIRD PARTY USERS OF CLIENT'S SERVICE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
9) CLIENT agrees to defend, indemnify, and hold harmless LTWS and each of LTWS ' officers, directors, employees, agents, owners, shareholders, and affiliates from, against, and in respect of: (a) any and all losses, damages or deficiencies resulting from any third party claim against LTWS in connection with CLIENT'S website (including, but not limited to, website content) or the URL and (b) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including LTWS ' reasonable legal fees and expenses (whether incident to the foregoing or to LTWS ' enforcement of said rights or defense and indemnity).
10) LTWS reserves the right to suspend or terminate Service with or without notice to Customer if LTWS determines, in its sole discretion, that Customer has failed to comply with its obligations as set forth in this Agreement. In addition, LTWS may cancel any and all Service to CLIENT at anytime.
11) As between CLIENT and LTWS, all materials, images, photos, information, and other content provided by CLIENT to LTWS for inclusion to the website shall remain the sole and exclusive property of CLIENT. With the exception of CLIENT’S ownership interest as identified in the previous sentence, ownership interest to the website, including, but not limited to, the HTML coding, scripting, graphics, photos, website layout, copyrights, domain name, and all other intellectual property rights, shall remain exclusively with LTWS. In the event that LTWS elects to transfer a domain name to CLIENT it shall be the sole responsibility of CLIENT to ensure that all matters relating to the transfer of that domain name are met, executed, and all appropriate measures are taken to have the domain name transferred to CLIENT.
12) CLIENT understands that a specific domain name may not be available, there are no guarantees that the domain name CLIENT desires will be available. In the event that LTWS opts, at its sole discretion, to forward one of LTWS domains to CLIENT’s website to assist increase website traffic, CLIENT understands and agrees that LTWS may withdraw that LTWS domain name at anytime and for any reason without notice or justification to CLIENT. CLIENT understands and agrees that CLIENT shall have no interest whatsoever in any manner to a LTWS registered domain name.
13) In the even that CLIENT cancels CLIENT’S SERVICE then CLIENT must contact LTWS in writing to notify of LTWS of the cancellation. Any fees paid to LTWS for the Service are non-refundable and it is agreed that any fees paid to LTWS will not be prorated.
14) CLIENT understands and acknowledges that the website CLIENT may be using through LTWS is not exclusive and/or unique to CLIENT, and it may be duplicated by LTWS to use for other LTWS clients and/or subscribers. For counties with a population of less than 100,000, LTWS attempts to ensure that no two clients within the same profession has the same website design. LTWS does not guarantee or warrant in any manner that two clients will not have the same website, even in counties of less than 100,000 in population. If CLIENT has the same website design as another client in a county with a population less than 100,000 then CLIENT shall notify LTWS in writing if CLIENT wishes to change website styles. LTWS, within its sole discretion, will decide whether the website style will be changed for CLIENT. If LTWS does opt to change CLIENT’S website style and design then it will be a website style and design that is within CLIENT’S same level of service plan and/or price range.
15) This Agreement shall be governed by the laws of the State of Texas, without giving effect to principles of conflict of laws contained herein. CLIENT agrees that any judicial proceeding for the breach of or enforcement at law or equity of this Agreement or any provision hereof shall be instituted only in a federal or state court of competent jurisdiction in the City of Waxahachie and/or Ellis County and the State of Texas. If the matter is federal, Client agrees to the jurisdiction of the Courts of the Northern District of Texas located in Dallas, Texas, and CLIENT consents to the jurisdiction of such court, and waives the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or to seek a change of venue. This Agreement constitutes the entire agreement of the parties relative to its subject matter, and shall not be waived, modified, or supplemented in whole or in part except in a writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
16) Any failure by LTWS to enforce any of its rights under this Agreement or any applicable laws shall not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, CLIENT, LTWS, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect.
17) This Agreement constitutes the entire agreement of the parties relative to its subject matter. CLIENT may not waive, modify or supplement, this Agreement in whole or in part, except for written permission or amendment by LTWS. LTWS reserves the right to unilaterally modify and revise the Terms and Conditions of this Agreement from time to time. Such modifications or revisions shall be provided to Customer via the LTWS website at http://www.lawtavern.com and Customer shall be deemed to have accepted, and to be apprised of and bound by, any such modifications or revisions to the Terms and Conditions, and may only reject such modifications or revisions by canceling the Service through providing written notice to LTWS.
18) This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and LTWS. Neither party will have the right or authority to assume or create any obligations or to make any representations with the exception of testimonials writen for the benefit of LTWS, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.
CLIENT’S rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of LTWS.
Last Updated: November 3, 2007
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