- Terms and Conditions:
TERMS AND CONDITIONS — Welcome to MapAttorney.com!
Our goal is for you the user to enjoy our site, while understanding not to harass others, send spam, misuse information, understand all information on our sites has to be checked for accuracy – as time to time, errors maybe made, verify all coupons Prior to use – as independent owner businesses may have varying rules and may change acceptance based on their business – know that we may delete or discontinue your use of service on any or all of our affiliate sites at our discretion anytime, without notice. OUR GOAL IS TO PROVIDE PREMIUM SERVICE TO THE CONSUMER AND PROFESSIONAL. BY USING THIS SITE, YOU THE USER AND PROFESSIONAL BUSINESS ARE HOPEFULLY GOING TO ENJOY AND GAIN INFORMATION. YOU UNDERSTAND TO USE LAWFULLY AND RESPECTFULLY. CHECK ALL FACTS AND DATA (ERRORS MAYBE MADE). PLEASE VERIFY ALL COUPONS AT MAPATTORNEY.COM AND ANY OF ITS AFFILIATE SITES. WE CANNOT GUARANTEE ANY BUSINESS COUPONS, AS TERMS MAY CHANGE AT TIMES WITHOUT OUR KNOWLEDGE. HENCE, MUST VERIFY ANY COUPON, PRIOR TO USE. DOUBLE CHECK ALL FACTS AND DATA INDEPENDENTLY. WE DO NOT SUPPORT ANY FORUM POSTING OR COMMENT. THESE ARE THE INDEPENDENT OPINIONS OF THE WRITER OR EDITOR. TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL FACTS AND DATA SHOULD BE INDEPENDENTLY CHECKED. WE STRIVE TO PROVIDE THE BEST SITE, AND CAN BE NOTIFIED FOR ANY IRREGULARITIES. ANY ACTION MAY TAKE TIME, AND IS NOT GUARANTEED. WE STRIVE TO PROVIDE THE GOLD STANDARD IN SERVICE FOR CONSUMERS AND BUSINESSES.
OUR ULTIMATE GOAL IS TO MAKE THIS AN ENJOYABLE EXPERIENCE WITH US AND MAKE OUR GROUP OF SITES A LEADER IN ONLINE SEARCH, SOCIAL MEDIA AND MORE.
You understand and agree that MapAttorney.com and its site may discontinue or change the Services at any time, without notice. You also understand and agree that MapAttorney.com may discontinue or restrict your use of the Services for any reason without notice.
2.The content displayed by MapAttorney.com on the Services other than “User Content” as defined below (“MapAttorney.com Content” and together with “User Content”, “Content”) is the property of MapAttorney.com or its licensors, and is protected by intellectual property laws. You agree not to copy, reproduce, modify, display, perform, publish, translate, create derivative works based upon or store any Content from the Services. You also agree not to distribute, transmit, broadcast or circulate any Content from the Services to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of MapAttorney.com.
You will receive a password and account designation upon completing the MapAttorney.com registration process and becoming a member. These passwords are the property of MapAttorney.com and for security reasons must not be disclosed to any other party. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify MapAttorney.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MapAttorney.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section You understand that all information, data, text, and other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such information, data, text, or materials originated. This means that you, and not MapAttorney.com, are entirely responsible for all information, data, text, and other materials that you upload, post, e-mail, transmit, or otherwise make available via the Services (“User Content”).
Like any online service, there may be errors in content, hacking or other mistakes. We try our best to limit this. Hence, ALL COUPONS MUST BE VERIFIED WITH THE BUSINESS OWNER PRIOR TO USE – SO, AS TO DIMINISH OR ELIMINATE ANY MISUNDERSTANDING. MAPATTORNEY.COM DOES NOT ACCEPT ANY DAMAGES OR ERRORS BETWEEN BUSINESSES OR CUSTOMERS. WE DO NOT PROVIDE ANY DIRECT SERVICE TO THE CONSUMER IN WAY OF COUPONS, AND DO NOT PROVIDE ANY REAL DOLLARS OF VALUE. All coupons posted on any of our sites HAVE to be first verified at the business PRIOR to use —- as some businesses change their promotions at will and may not notify us. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Services or the content contained therein without our prior express written consent. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the properly working of the Services or any activities conducted on the Services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services without the prior express permission.
For Affiliate Marketers, Affiliate Marketing Companies & Local Business Listings On MapAttorney.com – Genuine Actions -You shall not create Licensed Applications with capabilities that in any way do not reflect explicit, genuine expressions of user intent and permission. For example, Your Applications should not automatically create contracts, should not establish joint venture relationships, or set affiliate commission values that the user has not explicitly authorized without (1) a specific interaction informing a user that such user is entering an agreement and (2) an explicit action by such user evincing permission for making such agreement.
Indicating Use of the MapAttorney.com Services and the MapAttorney.com API. In a prominent location in all Licensed Applications, You should, to the extent reasonable based on the nature of the Licensed Application, indicate that such Licensed Applications have been created using the MapAttorney.com Services and/or the MapAttorney.com API, and shall comply with the MapAttorney.com Trademark Guidelines in doing so.
Use of MapAttorney.com Marks:
You may not, under any circumstances: (i) include in or use the MapAttorney.com Marks, or any marks that are confusingly similar to or derivative of the MapAttorney.com Marks (“Confusing Marks”), as part of Your trade name (registered or otherwise), logos or other identifiers; (ii) include in or use the MapAttorney.com Marks or any Confusing Marks as part of any names, domain names logos or other identifiers of Your Applications; or (iii) use the MapAttorney.com Marks or Confusing Marks in a manner that creates or may create a sense of endorsement, sponsorship or association with MapAttorney.com, unless expressly permitted by MapAttorney.com, in writing, to do so. All use of the MapAttorney.com Marks, and any goodwill arising out of such use, shall inure to the benefit of MapAttorney.com. You may freely state and disclose that You are using the MapAttorney.com Services or the MapAttorney.com API, as long as You adhere to all restrictions on using the MapAttorney.com Marks set forth in this Agreement, the MapAttorney.com Trademark Guidelines, and the Client Contract.
No Misleading Users:
You may not, under any circumstances, whether within a Licensed Application or in materials discussing or concerning a Licensed Application, mislead, confuse or cause misapprehension among users as to the features, functionality, origin, capabilities or other aspects of said Licensed Application, the MapAttorney.com Services or the MapAttorney.com API. You should not advertise or otherwise discuss your application in a way that confuses or misleads users about the application or about MapAttorney.com.
MapAttorney.com reserves the right to monitor Your use of the Licensed Materials for any reason or no reason, including to ensure Your compliance with the terms and conditions of this Agreement.
Reporting and Statistics:
You shall ensure that Your applications properly use all reporting functionality that is made available through the MapAttorney.com API that are used in or by Your applications.
You acknowledge and agree that MapAttorney.com may modify this Agreement, the MapAttorney.com Services, the MapAttorney.com API and MapAttorney.com Content Policy from time to time (a “Modification”). Except for modifications of the MapAttorney.com Services, You will be notified of a Modification through notifications or posts on the Developer Website or through a form of direct communication from MapAttorney.com to You including but not limited to e-mail or notifications through the MapAttorney.com Services (“Client Notice”). You further acknowledge and agree that the MapAttorney.com Services and the Licensed Materials may be modified at any time and without any notice to You. You shall, within thirty (30) days from the date of first notice of any Modification(s) (or such shorter period of time specified in the notice of the Modification(s)) comply with such modification(s) by implementing and using the most current version of the MapAttorney.com API and making any changes to Your Applications that may be required as a result of such Modification(s). You acknowledge that a Modification may have an adverse effect on Your Applications, including but not limited to changing the manner in which Your Applications communicate with MapAttorney.com Services and display Content. You acknowledge that Your sole recourse for such adverse effects is to terminate this Agreement pursuant to Section 10, and that Your continued access to or use of the MapAttorney.com Services or any Licensed Materials following such thirty (30) day period shall constitute binding acceptance of the Modification(s) at issue. MapAttorney.com will attempt, but is not obligated, to provide thirty (30) days notice of any Modification that is not backwards compatible or that MapAttorney.com reasonably believes will remove or materially alter significant functionality of the MapAttorney.com API.
MapAttorney.com. You acknowledge and agree that MapAttorney.com and its licensors retain all worldwide right, title and interest in and to the Licensed Materials, including all worldwide intellectual property rights therein. You also acknowledge and agree that, as between You and MapAttorney.com, MapAttorney.com owns all right, title and interest in and to the MapAttorney.com Services, the MapAttorney.com API, the MapAttorney.com Marks, and any derivative works or enhancements thereof, including but not limited to all worldwide intellectual property rights therein. You agree not to act in any manner inconsistent with such ownership rights. Any of MapAttorney.com’s rights not expressly granted under this Agreement are retained. You agree that You will not challenge MapAttorney.com’s ownership of the MapAttorney.com Marks, challenge the validity of the licenses granted under this Agreement, or otherwise copy or exploit the MapAttorney.com Marks during or after termination of this Agreement, except as expressly authorized under this Agreement. If You acquire any rights in the MapAttorney.com Marks or any confusingly similar marks, by operation of law or otherwise, You will, at no expense to MapAttorney.com, immediately effectuate an assignment of such rights to MapAttorney.com.You. As between You and MapAttorney.com, You retain all worldwide right, title and interest in and to Your Applications, excluding the MapAttorney.com Services, the Licensed Materials, the MapAttorney.com Marks, and any derivative works or enhancements thereof, including but not limited to all intellectual property rights therein.
You may provide MapAttorney.com with feedback or comments related to the Licensed Materials and/or Your experience with and use thereof (“Feedback”). You agree that MapAttorney.com and its designees and assigns shall be free to copy, modify, create derivative works of, publicly display, disclose, distribute, license, sublicense, incorporate and otherwise use Feedback, including all derivative works thereof, for any and all purposes, commercial or otherwise, with no obligation of any kind to You.
This Agreement does not entitle You to any support for the Licensed Materials, unless You make separate arrangements with MapAttorney.com for such support. Any such support provided by MapAttorney.com shall be subject to the terms of this Agreement as modified by a separate support agreement. You are solely responsible for providing all support and technical assistance to end users of the Licensed Applications. You acknowledge and agree that MapAttorney.com has no obligation to provide support or technical assistance directly to Your end users and You shall not represent to any of its end users that MapAttorney.com is available to provide such support.
You may gain access to MapAttorney.com’s proprietary information, technical data, trade secrets or know-how, including, but not limited to, source code, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information that is either marked as “confidential” or disclosed in such a manner that it would be apparent it should be treated confidentially (“Confidential Information”). You may use Confidential Information only to the extent necessary to exercise Your rights under this Agreement. You may not disclose Confidential Information to a third party without the prior express consent of MapAttorney.com, provided in writing or by email. You agree to protect Confidential Information from unauthorized use, access, or disclosure in the same manner that You would use to protect Your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
Term and Termination Survival:
This Agreement shall commence on the Effective Date and will remain in effect until terminated pursuant to this Section. Either party may terminate this Agreement at any time, for any reason. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall cease using, and either return to MapAttorney.com, or destroy and remove from all computers, hard drives, networks, and other storage media, all copies of the Licensed Materials, MapAttorney.com User Information and any Confidential Information in Your possession, and You shall certify to MapAttorney.com that such actions have occurred. All Sections shall survive termination of this Agreement. MapAttorney.com goal is to end or terminate any agreements amicably, if at all possible.
Representations and Warranties:
You represent and warrant that: (i) You have the necessary power and authority to enter into this Agreement, and that the performance of Your obligations will not constitute a breach or otherwise violate any other Agreement or the rights of any third party arising therefrom; (ii) You shall maintain, throughout the Term, all required rights and licenses related to the Licensed Applications and the Licensed Applications shall not infringe or otherwise violate any third party rights, including but not limited to third party intellectual property rights; and (iii) Your uses of the Licensed Materials do and shall comply with all applicable foreign, federal, state and local laws, rules and regulations.
Indentification by You:
You will indemnify and hold MapAttorney.com, its subsidiaries, affiliates, officers, employees and agents harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs and expenses brought by a third party arising out of or in connection with: (i) any act or omission by You in connection with Your use of the MapAttorney.com Services or the Licensed Materials; (ii) Your use of the MapAttorney.com Services or the Licensed Materials other than as expressly allowed by this Agreement; (iii) Your breach of this Agreement, including but not limited to Your representations and warranties herein; or (iv) any Licensed Application.
The MapAttorney.com Services and the Licensed Materials are provided “as is” without warranty of any kind. MapAttorney.com disclaims all warranties, whether express, implied or statutory, regarding the licensed materials and the MapAttorney.com services, including without limitation any and all implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment, non-infringement of third-party rights and any warranties or conditions arising out of course of dealing or usage of trade. Further, MapAttorney.com disclaims any warranty that Your use of the MapAttorney.com Services or the Licensed Materials will meet any or all of Your requirements or that such use will be uninterrupted, error-free, virus-free or secure. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations and exclusions may not apply to you.
Limitation of Liability:
In no event shall MapAttorney.com be liable to You for any special, incidental, indirect, direct, exemplary, punitive, compensatory or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this Agreement, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not MapAttorney.com has been advised of the possibility of such loss or damage. Any claim arising out of or relating to this Agreement must be brought within one (1) year. In any case, MapAttorney.com’s aggregate liability under this Agreement will not exceed fifty U.S. dollars (US$50.00). The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
User Content is created by users in the course of using the website. Again, from time to time, there may be errors in content or hacking of our sites. MapAttorney.com is in no way liable for any content – the user must confirm and double check any content. Please let us know about this, so we can fix it. Since, we may get large volumes of emails – we can not guarantee that all email will be seen on time or do Not guarantee that any of the emails sent to us will be replied to. This includes but is not limited to users’ information about themselves or job openings and may be visible to other users. MapAttorney.com does not endorse, and specifically disclaims any responsibility or liability for, any User Content. By using the Services, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Services. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that you, and not MapAttorney.com, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. MapAttorney.com does not control or actively monitor the User Content posted by users and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will MapAttorney.com be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services. You understand that MapAttorney.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, MapAttorney.com cannot guarantee the authenticity of any data, which users may provide about themselves. We do not fully validate any reviews, and at times may take out unfounded or profanity harassing reviews at our discretion. Data collected or listings categories or type of listings maybe changed at our discretion. If an business subscribes with us, and we change the site – then an equivalent type of listing will be substituted. We cannot ever guarantee top listing for any business, as settings change for our sites occasionally. Hence all businesses that subscribe to us, understand that change in where and how they are placed can happen. For business reviews or ratings, we leave open and try to keep it civil. Anything deemed inaccurate, please share with us – though with all the emails we get and the spam we get – a response is not guaranteed. Any reviews that we find offensive, at our sole discretion we will remove.
– Agree to Not improperly collect or store personal data about users.
– Not to harass, harm others. Including harming minors in anyway, elderly or disabled.
– Not Posting inappropriate content in fields that are not intended for that content. This includes posting email addresses, etc – to spam.
– Not to Post, upload, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, “stalk,” defamatory, vulgar, obscene, libelous, invasive of person’s privacy, racially, ethnically, hateful or otherwise objectionable;
– Not to Post, upload, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or any contests or chain letters.
– Not to Interfere with or disrupt the Services or servers or networks connected to the Services. This would include disobeying any requirements, procedures, policies or regulations of networks connected to the Services.
– Not to manipulate identifiers or forge headers in order to disguise the origin of any User Content transmitted through the Services;
– Please use our site to gain information, and use proper common sense.
You acknowledge that MapAttorney.com may or may not pre-screen User Content, but that MapAttorney.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any User Content that is available via the Services. Without limiting the foregoing, MapAttorney.com and its designees shall have the right to remove any User Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
You agree not to violate any applicable local, state, national or international law in connection with your use of the Services. This includes, among other things, any securities law or regulation.
By submitting any User Content, posting a message, uploading a file or engaging in any other form of communication through the Services, you are granting MapAttorney.com a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, display, perform, sublicense, create derivative works based upon, transfer and sell any such User Content, messages, files or communications. Employers and their representatives also grant to MapAttorney.com and its affiliates a perpetual, royalty-free and irrevocable right and license to use, reproduce, communicate to the public and display the name and trademark of their organization and status as a contributor of User Content to MapAttorney.com. Employers and their representatives warrant and represent that they have the authority to enter into this license agreement and that they are holder of any rights, including moral rights in such content and trademarks, and that they have completely and effectively waived all such rights and validly and irrevocably granted to MapAttorney.com the license stated above. Subject to the foregoing, the owner of such content and trademark submitted to MapAttorney.com retains any and all rights that may exist in such content and trademarks.
You agree to indemnify and hold MapAttorney.com and its affiliates and their respective officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of your use of the Services and any User Content provided by you to the Services.
CANCELLATION AND REFUNDS.
MapAttorney.com offers a variety of subscription plans for businesses at varying price levels. If you have purchased a subscription, it will automatically renew unless cancelled prior to your renewal date. You may cancel your subscription at any time and for any reason.Fees paid for subscriptions will not be refunded or pro-rated when you cancel your subscription. Where applicable and unless otherwise set forth in your specific plan details, your account will remain active until the end of your current subscription term unless otherwise terminated by MapAttorney.com. Subscription fees charged to your account after receipt of your cancellation will be refunded.To cancel your subscription, please contact us at info@MapAttorney.com or SIGNUP@MapAttorney.com.
DISCLAIMER OF WARRANTIES AND LIABILITY.
Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Services. THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. MAPATTORNEY.COM AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF. MAPATTORNEY.COM HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER MAPATTORNEY.COM NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT ON THE WEB SITE. IN NO EVENT WILL MAPATTORNEY.COM, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. MAPATTORNEY.COM AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LINKS TO THIRD PARTY SITES.
The Services contain hyperlinks to web sites operated by persons other than MapAttorney.com. Such hyperlinks are provided for your reference and convenience only. You agree not to hold MapAttorney.com responsible for the content or operation of such web sites. A hyperlink from a Service to another web site does not imply or mean that MapAttorney.com endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from a Service.
ADDITIONAL LEGAL TERMS.
All rights not expressly granted herein are hereby reserved.
This is an agreement between MapAttorney.com referred to herein as MapAttorney.com and the business (dental office / dentist / dental company). Any business listed on MapAttorney.com as an Dental Office, Dentist, Dentists or Dentist Office is assumed that it is a state licensed office in good standing. MapAttorney.com reserves the right to delete or remove any business it feels at its sole discretion – this can be due to not having dental license, not satisfying the right quality, inappropriate content or incorrect content for example.
MapAttorney.com does not discriminate based on ethnicity, sexual orientation, race or for personal reasons.
OC Dental Associates Inc. DBA MapAttorney.com / MapAttorney.com / Map Dentist / MapAttorney.com – Map Business is a car Services. WideGroup Interactive dba Lis7o (“Company”) has agreed to provide to Client the services set forth in the Customer Contract (“Services”). All capitalized terms used herein without definition shall have the meanings set forth in the Customer Contract. In the event of any conflict between any specific terms and conditions in the Customer Contract and these Standard Terms and Conditions, the Customer Contract shall control. The Customer Contract and the Standard Terms and Conditions together shall constitute the “Agreement.”
The Monthly Fees, Video Production Fee, Add-On Fees (such as Logo service, Copywriting service and Social Media Package) and any other charges or fees for Services (such as Logo Service) ordered by Client are defined, collectively, as the “Fees.” Client will be responsible for paying any and all applicable sales and use taxes for the Services. Unless otherwise stated in the Customer Contract, Fees are due prior to the performance of the Services. The Agreement term shall begin upon execution of a Customer Contract, and upon such execution, Client shall pay the applicable Monthly Fee, Video Production Fee and one-time Add-On Fees set forth in such Customer Contract. If Client has elected to pre-pay his/her Monthly Fees and/or recurring monthly Add-On Fees, such prepayments shall be due upon execution of this Customer Contract. Monthly Fees and recurring monthly Add-On Fees shall be due and payable in arrears each calendar month following the contract date. For illustrative purposes only, if Client’s Customer Contract is dated on the fifteenth (15th) of a month, then Client’s first Monthly Fee, Video Production Fee and one-time Add-On Fees shall be due and payable to Company upon signing of the Customer Contract and on the fifteenth (15th) of each calendar month thereafter, Customer shall pay the Monthly Fee and all applicable monthly recurring Add-On Fees. Alternatively, if the Client has elected to pre-pay Monthly Fees and recurring monthly Add-On Fees, such prepaid Fees shall be due and payable upon signing of the contract. Company shall begin production of the products (e.g., Website, Video, Photos) (the “Licensed Products”) ordered by Client in accordance with the specifications set forth in the Customer Contract upon receipt of the Fees. Any amounts not paid within 30 days of the date due will bear a monthly finance charge equal to the lesser of 1.5% of the outstanding balance or the maximum amount allowed by law. In addition, Customer shall be liable for all fees incurred by Company due to payment processing fees resulting from bounced checks, insufficient funds/bank overdraft fees and/or charge backs.
Production, Fulfillment and Sign Up Fee:
Once we start with production of start with the listing subscription, there is No Refund on any sign up fee. Process. Production of the Licensed Products will begin upon receipt of the applicable Fees. Included in your purchase price is one (1) round of revisions on your Website prior to launch and one (1) round of edits for your Video. Edits and revisions shall be limited to and subject to the Company’s standard policies and procedures. Requests for additional edits and/or revisions, changes and/or services that fall outside of Company’s standard production and fulfillment processes may be subject to an additional charge.
Client agrees to timely respond to Company questions and requests. Any delays in Client responses or delivery of Client materials may adversely affect the timing of delivery and quality of the License Products. Materials presented to Client for review shall be deemed accepted by Client unless Company receives Client’s comments (if any) within 3 business days. In the event Client repeatedly fails to respond to Company during the production and fulfillment process, Company shall have the right to terminate this Agreement with no further obligation to Client, and Client shall have no right or claim for a refund of any Fees.
Video/Photo Scheduling and Consents. Client shall have the right to reschedule up to two times the date and time of the Video/Photo shoot by providing at least 48 hours advance notice. If Client fails to give the required notice, or is not available at the scheduled time (i.e. without the required notice), Client shall pay a $200 cancellation/rescheduling fee for each such cancellation/rescheduling. Client is responsible for obtaining all permits, consents and approvals required to film Client, its location and any other items, logos or people appearing in the Video and Photos to be taken by Company and to permit the use of such Video and Photos in accordance with the terms herein.
Licensed Rights; Aftercare:
Grant of License. Provided that Client has paid all Fees and subject to, and for so long as, Client makes timely payments of all other applicable Fees, Company grants Client the non-exclusive worldwide right (the “License”) to exploit the Licensed Product throughout the world. Upon termination of the Agreement and provided that Client has satisfied the Minimum Term and paid all applicable fees, Company shall grant to Client a perpetual License to exploit the photos and videos throughout the world. For the sake of clarity, Client shall have no right to the source code of the Licensed Products (including but not limited to the Website). Client acknowledges and agrees, as between Client and Company, that except for content provided to Company by Client, all copyrights and other intellectual property elements and rights contained in or displayed in the Licensed Products (collectively, the “Company IP”), including without limitation design elements, templates, images, scripts, story lines, sound tracks, tag lines, and “look and feel,” object code, source code, and mobile application functionality, music or video, video footage, still photos, still photography elements created or owned by Company (e.g. Company stock footage or photography), or under license and included in the Licensed Product, search engines, Java applets, toolbars and ActiveX controls are owned exclusively by Company. The incorporation of any Client Materials into any Licensed Product in no way will affect Company’s continued and separate copyright ownership in the Licensed Products, and Company’s ownership will not merge with Client’s ownership of the Client Materials nor deprive Company of its copyright ownership. Company retains its rights to such Company IP for use by Company in any manner Company determines, subject to Client’s License to use the Licensed Product pursuant to the terms and conditions herein. Client shall not have the right to use the Company IP except as incorporated as part of the Licensed Product as a whole (for example, Client shall not have any separate right to use any components or source code except in connection with the Licensed Product). Client agrees not to reverse engineer any source code or other element of the Licensed Product or otherwise use or allow others to use the Licensed Product in any manner other than as specifically permitted herein. Client hereby agrees that Company may use the Licensed Product, including but not limited to any materials or content provided by Client, for Company’s marketing and promotional purposes. Client further acknowledges and agrees that Company shall have the right include its logo and other attribution information on Client’s Website, Video and other Licensed Products as determined by Company in its sole discretion.
Where Client is entitled to Aftercare, such Aftercare services shall be limited to basic services which can either be performed by the Account Manager or are otherwise basic modifications to the Website. Aftercare includes time spent consulting with the Account Manager, as well as Account Management time spent on site functionality, the changing of photographs, modifications to text on a page, and similar services. Aftercare does not include creation of additional web pages, creation of copy or other content for the Website, re-editing of Video, Photoshopping or editing of photography or creative design work. Any unused Aftercare included in a Customer Contract does not rollover or accumulate month to month. Aftercare charges in excess of that provided in the Customer Contract shall be charged to Client at Company’s customary rates.
Legal disclaimers. Client shall be responsible for timely notifying Company of any copyright, legal notices or disclaimers that Client requires to be included in the Licensed Product. Representations & Warranties. Client represents and warrants that Client is the true owner or rightful lessee of Client’s locations, and that Client has the right to authorize the production and distribution of the Website, Video and Photography, and Client has the right to include Client’s business and all of its signage and appetence therein, and all individuals included therein at Client’s business, in all media throughout the world in perpetuity. Client shall be responsible for obtaining all necessary consents and approvals (including without limitation with respect to Client provided content and materials) but excluding assets provided by Company. Client represents that Client is authorized to allow entry to Company and its contractors or subcontractors (collectively the “Producers”) to record the Video and Photography. Client hereby grants permission to Producers to enter upon and use the property with personnel, and equipment for the purpose of taking video recordings, motion pictures, still photographs and sound recordings in, on and/or of the property, including without limitation, all people, animals, automobiles and any other objects on the property. In the event any agents, representatives or other persons associated with the Client participates in the Video or the Photography, Client, on behalf of itself and any such agents, representatives and persons, hereby unconditionally grants and releases to Company the irrevocable and perpetual right (but not the obligation) to use throughout the world such persons’ name, voice and/or likeness, in the Website, Video and Photography, as well as in any derivative content created by Company or any of its licensees, assignees, affiliates. Client, on behalf of itself and its agents, representatives and associates, hereby releases Company, its successors, assignees and licensees from any and all claims and demands arising out of or in connection with any such uses including, without limitation, any and all claims for invasion of privacy, infringement of any right of publicity, defamation (including libel and slander) and any other personal and/or other property rights, and Client agrees that it shall not now or in the future assert or maintain any such claim against Company, its successors, assignees and/or licenses. Client understands and agrees that ownership of the Website, Video and Photography is vested in Company and licensed to Client because Company subsidizes its production costs.
Client further represents and warrants to Company that (i) Client’s performance hereunder will not cause a material breach of any agreement to which it is a party; (ii) Client has the right and authority to enter into this Customer Contract and perform the obligations herein and the signatory for Client is at least 18 years old and has the right and authority to bind Client to this Customer Contract; (iii) Client will at all times comply with all applicable laws and regulations; and (iv) Client will not provide to Company, and Client’s Website will not contain, any content that is illegal, obscene, pornographic or otherwise offensive in nature. Client represents, warrants and covenants that, to the best of Client’s knowledge, none of the Client Materials infringe or violate any copyright, patent, trade secret, contractual right of any third party, or any other third-party right.
Company represents and warrants that: (i) Company’s performance of the services hereunder will not breach any agreement Company has with another party; and (ii) Company shall comply with all applicable laws and regulations in its performance of the Services hereunder. Company represents that it has the right to grant to Client the intellectual property rights set forth in Section 4 above and that except for any “Client Materials” (i.e., materials supplied by Client, Client’s own clients or their agents or principals to Company for inclusion in the Licensed Product) no portion of any Licensed Product shall, to the best of Company’s knowledge, infringe or violate any copyright, patent, trade secret or contractual right of any third party, or any other third-party right.
Company agrees to defend, indemnify and hold Client and its directors, officers, employees and agents harmless from and against all claims, defense costs (including reasonable outside attorneys’ fees), judgments and other expenses arising out of (i) any breach of the Agreement by Company (except as otherwise expressly provided in Exhibit A (Service Level Agreement)), including but not limited to breaches of the representations made herein by Company, and (ii) any claim that the Licensed Product violates the copyright or any other intellectual property right of any person (except to the extent that such claim relates to Client Materials or a breach of any representation or warranty by Client). Client agrees to defend, indemnify and hold Company and its directors, officers, employees and agents harmless from and against all claims, defense costs (including reasonable attorneys’ fees), judgments and other expenses arising out of (a) any breach by Client of the Agreement, (b) the use, display, public performance reproduction, distribution of the Licensed Product by Client or Client’s assigns, licensees or any party to whom Client delivers the Licensed Product (except to the extent that such claims are covered under Section 7(ii) of this above), and (c) any modifications to the Licensed Product made by Client.
Limitation of Liability:
Company’s liability under this Customer Contract shall be limited to the total amounts paid by Client to Company in the aggregate during the twelve month period prior to the date the cause of action arose, and neither party shall be liable for any special, indirect, exemplary, incidental, punitive or consequential damages, including without limitation, lost profits or business or damages arising (whether in contract, tort, strict liability or otherwise) out of the Agreement even if it has been advised of the possibility of such loss or damage. Any cause of action arising out of or related to the Services or Licensed Products must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action shall be permanently barred.
The Agreement is subject to a Minimum Term of 24 months. The Minimum Term runs from the date of the first Monthly Fee. If Client wishes to terminate the Agreement within 5 days of signing (provided that the video/photo shoot has not been scheduled or occurred), Client may do so by providing written notice to Company. If Client wishes to terminate the Agreement anytime after 5 days of signing and prior to the completion of the Minimum Term, Client may do so by providing written notice to Company and paying to Company a lump sum termination fee equal to the total remaining Monthly Fees that would have been paid under the Minimum Term (the “Termination Fee”). In the event Client has pre-paid the Monthly Fees for the Minimum Term, any and all such pre-payments shall be deemed fully earned and non-refundable. After completion of the Minimum Term, either Client or Company shall have the right to terminate this Agreement at any time for any reason by providing the other party with written notice of termination, such termination to take effect at the end of Client’s then current billing cycle. Notwithstanding any provision to the contrary, Company may terminate the Customer Contract and/or immediately suspend any Service or Client’s License to any Licensed Product in the event of breach of the Agreement by Client, and at Company’s option, in the event of any such termination of the Agreement, Client shall be liable to Company for a Termination Fee (calculated as described above). Upon termination, Client shall have no further use of the Licensed Products, nor shall Client receive a refund for any Fees paid.
After the Minimum Term, your agreement becomes month-to-month. If after two years you do not wish to renew your contract and your account is paid in full, Lis7o will release to you a static version of your website, including copies of your video and photos if any. This site will be a static snapshot of your website that you can host somewhere else. However, all of the features and functions of Lis7o, such as your Dashboard, e-commerce tools and the ability to change content, will no longer be available after cancellation. You will need to have a web developer move your site somewhere else, maintain it and make any changes you wish.
EXCEPT AS EXPRESSLY PROVIDED IN EXHIBIT A, CLIENT ACKNOWLEDGES AND AGREES THAT COMPANY’S SERVICES ARE PROVIDED TO CLIENT ON AN “AS IS” BASIS, AND COMPANY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THERE IS NO WARRANTY THAT THE LICENSED PRODUCTS OR SERVICES WILL BE ERROR FREE, WILL BE ON TIME, WILL OPERATE WITHOUT INTERRUPTION, WILL BE COMPATIBLE WITH OR IS SUPPORTED BY ALL OPERATING SYSTEMS AND/OR INTERNET BROWSERS, WILL FULFILL CLIENT’S PARTICULAR PURPOSES OR NEEDS OR MEET ANY LEVEL OF SALES, PURCHASES, CLICKS, LEADS OR OTHER PERFORMANCE METRIC. COMPANY MAKES NO WARRANTY AS TO STORAGE OF CLIENT MATERIALS AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO CLIENT MATERIALS. TO THE EXTENT THAT COMPANYCANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Company is acting solely as an independent contractor and not as an agent, partner, or employee of Client. Where agreement, approval, acceptance, or consent by either party is required by any provision of the Agreement, such action shall not be unreasonably delayed or withheld. If any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Neither party shall be liable to the other for delays to the other or failures to perform (other than with respect to confidentiality and payment obligations) under the Agreement if the delay or failure is caused by shortage of labor, labor disputes, war, act of enemies, riots, insurrection, civil commotion, federal, state or municipal action, statue ordinance, or regulation, fire, flood, earthquake, accident, storm, explosions, acts of God, the inability to obtain essential materials, services or other resources, or other causes beyond the party’s reasonable control (“Force Majeure”). If after payment of any Fee, Company in its sole good faith discretion determines not to proceed with production of the Licensed Product, then Company may terminate the Agreement.Client may not assign this contract without the written consent of Company.
Client acknowledges that Company may suffer great harm from misuse of the Licensed Product or Company IP licensed hereunder, and accordingly Client agrees to take reasonable precautions to prevent such misuse by Client. Company may seek injunctive or other equitable relief against the breach or threatened breach of this Customer Contract regarding material, uncured misuse of Company IP, in addition to any other legal remedies that may be available. Client’s rights and remedies in the event of a breach of this Customer Contract by Company shall be limited to the right, if any, to recover damages in an action at a law and Client shall not be entitled to any equitable relief to restrict or interfere with Company’s rights pursuant to this Customer Contract.
The Customer Contract and the Standard Terms and Conditions (including all Exhibits) constitute the entire agreement between the parties with respect to the Services and supersedes all prior or contemporaneous agreements or representations of the parties, whether express or implied, oral or written, with respect to the subject matter hereof. Accordingly, Client shall not rely on any representations or warranties that are not expressly set forth in the Agreement. No change, waiver, or discharge hereof shall be valid unless it is in writing and is executed by both parties.
From time to time Company may adjust it business practices and/or amend or modify these Standard Terms and Conditions. The revised Standard Terms and Conditions shall be posted on Company’s Website and/or sent to Client. Client agrees to maintain a current and operational email address on file with Company and Client further agrees that any correspondence or notification sent by Company to the email address that Client has on file with Company, shall be deemed delivered. Client acknowledges and agrees that Company may from time to time send surveys and other marketing related correspondence to Client via electronic or standard mail, and that Client may opt-out from receiving such correspondence in the future.
In addition, Client will be liable for any attorneys’ fees and costs (including collections costs) if Company takes any legal action to enforce the Agreement. The laws of the State of California (excluding the laws and principles with respect to conflicts of law) govern the Agreement. In connection with any dispute or claim arising out of or in connection with the Agreement, Client and Company agree exclusively to arbitrate such dispute before a single arbitrator mutually agreed upon by the parties, under the auspices of Judicial Arbitration and Mediation Services (JAMS). If the parties are unable to agree upon an arbitrator, the parties agree to the designation of an arbitrator by JAMS. The arbitration shall take place in Los Angeles, California or in the office of JAMS closest to that city. The arbitrator shall apply California law. The arbitrator’s award will be final and non-appeal able, and judgment may be sought thereon in any court with jurisdiction. In the event that arbitration is necessary, the prevailing party shall have its costs associated with the arbitration, including its reasonable attorneys’ fees, paid by the other party. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general action unless Client and Company agree to do so in writing. The terms and conditions of this Agreement may not be modified or amended other than as set forth in this paragraph or by a writing signed by an authorized officer of Company.
Any notice to be given by Company to Client may be effected by email as set forth above, or either party may send notice to the other party via certified or registered mail, postage prepaid, return receipt requested, or by first class mail postage prepaid and email, in either case addressed to Client at the address on the Customer Contract, or to Company as follows at bottom of this Terms and Conditions. Notice shall be deemed given upon receipt or, if sooner, five (5) days following deposit in the U.S. mails. Each party may change its address by written notice given in accordance with this paragraph.
Hosting Service & Remedies for Service Outage:
In the event Client requests a credit and Company determines that it has failed to meet the Performance Objective, then Company will issue to Client a credit to be applied towards the next monthly invoice for Hosting Services provided under the Agreement. Only credit will be given for down time or errors. The credit will equal total down time and not to exceed one month. Any claims for a credit pursuant to Hosting Service shall be made by Client within thirty (30) days after the alleged failure to meet the Performance Objective and will be made to Company’s customer support organization via email and any other mutually agreed upon means. Claims made thirty (30) days after the event will not be eligible for any of the remedies described in this Exhibit. Credits shall only apply to Hosting Services and will not apply to any other Service provided by Company. Client’s account will not be credited more than once per month under this Exhibit. Client’s sole and exclusive remedy, and Company’s sole and exclusive liability, in the event Company fails to meet the Performance Objective in above section, and shall be to receive only credit in accordance to these terms and time of loss of service.
SEO services are varied based on service level. We Do Not do daily updates or create articles unless specifically spelled out, as our goal is to provide a cost efficient model without charging thousands of dollars per month. We do provide SEO setup so the site is optimized. We may or will from time to time update this, as needed.
From time to time the Company may adjust its business practices and/or amend or modify these Standard Terms and Conditions. The revised Standard Terms and Conditions shall be posted on Company’s Website. MapAttorney.com can make changes without notice, as we reserve all rights to change the terms and conditions.
Our goal is to provide great service. During the term of the Agreement, MapAttorney.com will provide uptime hosting of the Website of 99% (“Hosting Uptime”) of available time. Total Hosting Uptime shall be solely determined by Company and shall be calculated on a monthly basis. For purposes of calculating such Hosting Uptime, the service interruptions caused by the following shall not be included including periodic scheduled maintenance or repairs Company may undertake from time to time, changes to the Licensed Products or Services requested by the Client, outages related to related to programming places, errors caused by Client from custom scripting or coding; Deletion or Suspension of services for nonpayment or timely payment; problems with Clients domain registrar, outages that do not effect the appearance of the website such as FTP or the email; Clients misrepresentation of licensure or offensive activity and Errors due to Clients activity or upload. Client will be liable for any attorneys’ fees and costs (including collections costs) if Company takes any legal action to enforce the Agreement. The laws of the State of California (excluding the laws and principles with respect to conflicts of law) govern the Agreement. In connection with any dispute or claim arising out of or in connection with the Agreement, Client and Company agree exclusively to arbitrate such dispute before a single arbitrator mutually agreed upon by the parties, under the auspices of Judicial Arbitration and Mediation Services (JAMS). If the parties are unable to agree upon an arbitrator, the parties agree to the designation of an arbitrator by JAMS. The arbitration shall take place in Orange County, California or in the office of JAMS closest to that city. The arbitrator shall apply to California law. The arbitrator’s award will be final and cannot be appealed. The judgment may be sought thereon in any court with jurisdiction. In the event that arbitration is necessary, all attorney costs are going to done solely by each party and no court costs will be added. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general action unless Client and Company agree to do so in writing. The terms and conditions of this Agreement may not be modified or amended other than as set forth in this paragraph or by a writing signed by an authorized officer of Company.