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User Agreement for Legal Professionals

This is the Agreement for lawyers, law firms, mediators and mediation firms. If you are a consumer using, or wishing to use the Lawyer Directory and/or Mediator Directory services, please read our Terms & Conditions and Privacy Policy.

WELLI WEAR, LLC DOING BUSINESS AS THE MODERN WOMAN'S DIVORCE GUIDE (THE "PROVIDER") OFFERS YOU, THE USER OF THE SERVICES (THE "USER") ACCESS TO THE LAWYER DIRECTORY SERVICES AND MEDIATOR DIRECTORY SERVICES (THE "SERVICES") ON THE WEBSITE WWW.THEMODERNWOMANSDIVORCEGUIDE.COM AND ANY AFFILIATED WEBSITES OR BLOGS (THE "WEBSITE"), ON THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT (THE "AGREEMENT") SETTING FORTH YOUR USE OF OUR PRODUCTS AND SERVICES. BY SUBMITTING YOUR INDIVIDUAL AND BUSINESS INFORMATION TO THE PROVIDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THE TERMS, CONDITIONS, NOTICES AND GUIDELINES CONTAINED IN THIS AGREEMENT AND ALL MODIFICATIONS HERETO. IF YOU DO NOT AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES. THE SERVICES ARE ONLY AVAILABLE TO INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW AND TO COMPANIES. IF YOU DO NOT QUALIFY, PLEASE DO NOT USE THE SERVICES.

1. User Eligibility and Requirements

a. The User of the Services represents that he or she accepts the terms of this Agreement, the website's Terms & Conditions and Privacy Policy. The User also represents and intends to be personally bound by the Agreement or is duly authorized and intends to enter into this Agreement and legally bind a law firm, mediation firm, legal partnership, corporation, limited liability partnership or company or any other legally business entity engaged in the practice of law. If the User is not so authorized or does not intend to be personally bound, User should not use the Services. If User accepts these terms on behalf of a business entity on whose behalf he or she is authorized to act, User may use the Services only on behalf of the business entity. If User intends only to be personally bound, use of the Services are limited to the User and the User agrees not to refer or otherwise transfer potential clients obtained through the Services to any other lawyer, mediator or service provider, unless User does not receive a referral fee or compensation for doing so and the referral is in the best interests of the client.

b. Users of the Lawyer Directory service must, at all times, be licensed to practice law in at least one state within the United States and must carry lawyer's professional liability insurance in the amount of $100,000 per occurrence and $300,000 aggregate per year. Users of the Lawyer Directory service may not use the Services during any period in which the User is suspended from the practice of law in any state or has been disbarred from any state. Users shall accurately and completely disclose to any potential clients, all known or potential restrictions or limitations on the User's ability to represent a client. Each User represents and shall ensure at all times that the User's information provided to the Provider is true, accurate, and current, in all material respects.

c. The User agrees to and shall be solely responsible for compliance with avoiding conflicts of interest, and shall run conflict of interest check(s) as deemed appropriate or required by law and rules of professional and ethical conduct.

d. The User agrees to keep all information obtained though the Services strictly confidential irrespective of whether a lawyer-client relationship is established between the User and Consumer. The User further agrees to only use such information for purposes consistent with this Agreement. The User shall make all reasonable effort, and shall work with Provider, to defend against any effort by any third party, including by way of subpoena, to obtain such information, if necessary.

e. The User agrees to only use Provider's logos, trademarks, service marks, and other legends and marks in a manner expressly authorized by Provider in writing. 

2. The Provider

The Provider is not a lawyer, law firm, lawyer referral service, legal service, mediator, arbitrator, mediation service or arbitration service. The Provider does not provide legal representation, legal advice, recommendations, mediation, or counseling under any circumstance to any Users visiting this site or using the Services. The Provider is not a legal referral service. The Provider does not receive from any lawyer or law firms, consideration that is generated or derived from the lawyer or law firms' legal representation of Users of the Services. Nothing on this website is intended to imply that the Provider is a referral service certified by any state bar or bar association, or that the Provider satisfies the minimum standards for lawyer referral services established by any state bar or bar association. Provider does not recommend or endorse any specific lawyer and does not provide any advice regarding which lawyer to select. Provider does not sell, solicit applications for, or write contracts for any User or Consumer services. Provider is not a broker acting on behalf of any Consumer and is not an agent acting on behalf of any legal professional.

The Services are not intended to be advertising, and the legal professionals who have paid to receive inquiries submitted by Consumers will not represent anyone in a state where the Provider's website fails to comply with all of the laws and ethical rules of that state. The Services are an Internet forum that facilitates communication between legal professionals and potential users of legal services. The Provider provides a venue for suppliers and purchasers of legal and/or mediation services to exchange information with the goal of eventually forming a professional relationship. Provider takes no position and offers no opinion on when or if a lawyer-client relationship is or has been formed.

3. Disclaimers

a. No lawyer-client relationship. Any form of use of the Services by a Consumer or a subscribing lawyer and/or law firm is not intended to and does not create a lawyer-client relationship between any person or entity and Provider. Any electronic communication sent to Provider does not create a lawyer-client relationship between the User and Provider, such being expressly denied. Provider's transmission of any electronic communication sent to Provider by User is not intended to create, and receipt of said information, does not constitute, a lawyer-client relationship.

b. Provider does not screen or verify Consumer. The User is solely responsible for assessing the credibility and trustworthiness of all information obtained through use of the Services. User agrees that Provider has no duty to review communications made on or through the Services and that Provider cannot and shall not advise the User on the legality, legitimacy or credibility of any communication.

c. Provider does not endorse any Consumer using the Services. Making the Services available to Consumers does not imply that Provider endorses any Consumers. The Consumers' opinions and views expressed to the Users do not reflect those of Provider. Provider does not endorse, support or sanction statements made to Users by any Consumers, their employees or affiliates. Users should make their own independent investigation of the Consumers' veracity and independently verify all information provided by or relating to, the Consumer. Provider in no way endorses the content or legality of any statements or promises made by Consumers.

d. Provider expressly disclaims responsibility and liability for all third party provided materials, products, and services accessed through the Website. User acknowledges and agrees that the Website features materials, products, and services provided by third parties and persons. Provider makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products and services may access.

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT: USER'S USE OF THE SERVICES ARE AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS. THE PROVIDER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGEMENT. THE PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE COSUMERS WILL MEET USER'S REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICES WILL MEET USER'S EXPECTATIONS. THE PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO, ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES, NEGLIGENCE, OR MALPRACTICE CLAIMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE PROVIDER OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS OR THIS USER AGREEMENT.

4. LIMITATION OF LIABILITY AND DAMAGES. USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM USER'S USE OF THE SERVICES OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CONSUMER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT; (B) USER'S PARTICIPATION IN ANY INTERACTIVE PORTION OF THE WEBSITE; AND (C) TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED BY STATE OR FEDERAL LAW, THE PROVIDER'S SOLE OBLIGATION TO USER FOR DAMAGES SHALL BE LIMITED TO $250.00.

5. Guidelines of Use.

Users must follow the rules of the Provider to use the Services, as described in this Agreement, the Terms & Conditions, Privacy Policy and elsewhere on the website or in electronic communications between the Provider and User. Provider reserves the right to deny access to the Services and website, to any User who violates the guidelines and rules, for any other reason, or for no reason at all.

User agrees that he or she shall not use the Services in any manner that:

  • violates federal, state, local laws, Internet standards or the rights of others;
  • encourages illegal activity;
  • is injurious, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or invades another's privacy;
  • is false, deceptive, misleading or deceitful.
  • is grossly offensive to the online community, including expressions of bigotry, prejudice, racism, hatred, or profanity that are based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • is harmful to minors in any way;
  • interferes with or disrupts the Services;
  • jeopardizes the security of the Services and/or Provider;
  • impersonates any person or entity;
  • incites fighting of any kind with Users or Consumers;
  • falsely states or misrepresents User's affiliation with a person or entity; and
  • creates the appearance of impropriety or otherwise casts a negative light upon the Provider or any Users and Consumers.

User further agrees that he or she shall not use the Services for any purpose other than to promote the User's legal or mediation services.

User agrees that Provider may use various techniques to verify compliance herewith, and may contact anyone in its inquiry. Upon request and to the extent that such will not violate any legal or ethical obligations, User shall provide a written accounting and supporting documentation as requested.

6. Confidentiality and Privacy.

As a condition to using the Services, you agree to the terms of the Provider's Privacy Policy, as it may be updated from time to time. The Provider understands that privacy is important to you, however, you agree the Provider may monitor, edit or disclose your personal information, including the content of your emails or communications in any interactive area of the website or to the Provider, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in the Terms & Conditions and the Privacy Policy. Personal information collected by the Provider may be stored and processed in the United States or any other country in which the Provider or its agents conduct business. By using the Services, you consent to any such transfer of information outside of your country.

Provider makes every effort to maintain the confidentiality of any information submitted by Users to our Services. Provider is not responsible for the release or improper use of information provided by Users or any release due to error or failure in the Services. Provider is not responsible for any loss of data resulting from accidental or deliberate deletion, network outages, file corruption, or any other reasons.

7. Indemnification.

The User agrees that Provider is not responsible for any harm that the Services may cause. User is solely liable for any content, messages or other information User transmits or provides to Consumers' of the Services, any information derived therefrom and any use thereof. User agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, agents, and employees from any third party claim, action, demand, loss, or damages (including lawyer's fees and costs) of every kind and nature, arising out of or relating to a User's violation of this Agreement, the Terms & Conditions, use of the Services or violation of any rights of a third party. Provider 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 settle any matter without the written prior consent of the Provider.

8. Provider's Rights and Remedies.

The Provider reserves the right to seek all remedies available at law and in equity for violations of this Agreement. Provider also reserves the right to (a) release current or past User information, pursuant to the terms of the Privacy Policy and in the event the Provider suspects the User is violating the Terms & Conditions, committing any unlawful acts, the information is subpoenaed and/or if the Provider deems it necessary and/or appropriate; (b) deny service to offenders of this Agreement and/or the Terms & Conditions; (c) to terminate or deny service to anyone for any reason or no reason; and (d) to modify or discontinue, temporarily or permanently, the Services with or without notice to the User. The User agrees that the Provider shall not be liable to the User or any third party for any modification or discontinuance of the Services. The User acknowledges and further agrees that termination of Services under any provision of this Agreement does not require prior notice to the User and Provider may immediately delete any and all User data and files and bar User access to said data and files or the Services.

9. Governing Law, Jurisdiction and Non-Waiver.

This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services shall be brought solely in the City and County of San Francisco, California and User hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of the Agreement.

10. Statute of Limitations.

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 Services or the Agreement, must be filed within one (1) year after such claim or cause of action arose or is forever barred.

11. Miscellaneous Provisions.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by the Provider.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The paragraph headers and/or titles in the Agreement are for convenience only and have no legal or contractual effect.

12. Severability of Provisions.

This Agreement incorporates by reference, all notices and disclaimers contained on the website, including but not limited to the Terms & Conditions and Privacy Policy, and constitutes the entire agreement between the User and Provider with respect to access to and use of the Services. If any provisions of the Agreement are found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

13. Modifications to Terms of Use.

The Provider reserves the right to change terms of this Agreement at any time. Updated versions of the Agreement will appear on this website and are effective immediately. Users are responsible for regularly reviewing the Agreement. Continued use of the Services after any such changes constitutes User's consent to such changes.

14. Termination of this Agreement

Provider may terminate this Agreement at any time. User may terminate this Agreement only if Provider breaches a material term of the Agreement and does not cure within a reasonable time after receipt of written notice; or the governing bar association of all of the User's licensing states issue formal written opinions that it is unethical for the User to use the Services. Upon termination hereunder, User shall not be refunded any subscription fees paid to the Provider prior to termination of this Agreement. Upon such termination, Provider may immediately delete data and files relating to User and bar any further access to such files or the Services.

15. State Legal Notices.

These legal notices are intended to comply with the laws, rules and court decisions of the states referenced herein below. The lawyers who have paid to receive inquiries submitted by Users to the Services will not represent anyone in a state where the Provider's website fails to comply with all of the laws and ethical rules of that state.

Alabama
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Alabama Rules of Professional Conduct Rule 7.2(e) (1997)

Alaska
The Alaska Bar Association does not accredit or endorse certifying organizations. Alaska Rules of Professional Conduct, Rule 7.4(a)(2) (1998)

Colorado
Colorado does not certify attorneys as specialists in any field.

Florida
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. (Florida Rules of Professional Conduct Rule 4-7.2(d) (1997))

Hawaii
There is no procedure for review or approval of specialist certification organizations in Hawaii. Hawaii Rules of Professional Conduct Rule 7.4(c) (1997)

Illinois
The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois. Illinois Rules of Professional Conduct Rule 7.4(c)(2) (1997)

Iowa
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.

Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer.

A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.

All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa. Iowa Code of Professional Responsibility DR 2-101(A), DR 2-101(C), DR 2-105(A)(3)(c) (1997)

Massachusetts
If a Massachusetts lawyer holds himself or herself out as "certified" in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts. Massachusetts Code of Professional Responsibility DR 2-105(B) (1997).

Mississippi
The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Free Background information is available upon request to a Mississippi lawyer.

The listing of any area of practice by a Mississippi lawyer does not indicate any certification of expertise therein. Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997)

Missouri
Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations. Missouri Rules of Professional Conduct Rule 7.4 (1997)

Nevada
Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. Nevada Rules of Professional Conduct Rule 198 (1997)

New Jersey
Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association. New Jersey Rules of Professional Conduct Rule 7.4(b) (1997)

New Mexico
Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law. New Mexico Rules of Professional Conduct Rule 16-704(D) (1997)

Rhode Island
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice. Rhode Island Rules of Professional Conduct Rule 7.4 (1998)

Tennessee
Unless otherwise indicated, Tennessee attorneys are not certified as specialists by the Tennessee Commission on Continuing Legal Education and Specialization in the areas of practice listed on their profiles. Tennessee Code of Professional Responsibility DR 2-101(C)(3) (1998)

Texas
Unless otherwise indicated, Texas attorneys are not certified by the Texas Board of Legal Specialization in the areas of practice listed on their profiles. Texas Disciplinary Rules of Professional Conduct Rule 7.04(b)(3) (1999)

Washington
The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any certificate, award, or recognition by a group, organization or association used by a Washington lawyer to describe his or her qualifications as a lawyer or qualifications in any subspecialty of law is not a requirement to practice law in the State of Washington. Washington Rules of Professional Responsibility Rule 7.4(b) (1997)

Wyoming
The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Wyoming Rules of Professional Conduct for Lawyers at Law Rule 7.4 (1997)