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