Acceptance of Terms of Use and Amendments. Refund Policy.
Welcome to 411Law.com! 411Law.com is a service, for both private and commercial
users that allow for the listing and viewing of products and professionals
providing various services. A service such as ours is based on trust, and this
Agreement helps promote trust and understanding between you and other users of
411Law.com.
Refund policy: all fees paid for advertising on 411Law.com are non-refundable.
Our service has been created to be easily accessible to all
users, but it also has limitations and risks that you must be aware of before
participating. Prior to, and as a condition of your participation, you
(hereinafter You or Yours or User) must agree to abide by the 411Law.com Terms
of Service. Each time you use or cause access to this web site, you agree to be
bound by these Terms of Use, and as amended from time to time with or without
notice to you. In addition, if you are using a particular service on or through
this web site, you will be subject to any rules or guidelines applicable to
those services and they shall be incorporated by reference into these Terms of
Use. Please see our Privacy Policy, which is incorporated into these Terms of
Use by reference. You may review these Terms at any time by clicking on the
Terms of Use link at the bottom of the home page.
1.
Our web site and services provided to you on and through our web site on
an "AS IS" basis. You agree that the owners of this web site exclusively reserve
the right and may, at any time and without notice and any liability to you,
modify or discontinue this web site and its services or delete the data you
provide, whether temporarily or permanently. We shall have no responsibility or
liability for the timeliness, deletion, failure to store, inaccuracy, or
improper delivery of any data or information.
2.
Your Responsibilities and Registration Obligations. In order to use this
web site, you must register on our site, agree to provide truthful information
when requested, and be at least the age of thirteen (13) or older. When
registering, you explicitly agree to our Terms of Use and as may be modified by
us from time to time and available here.
3.
Listing is available only to individuals or Companies who can form
legally binding contracts under applicable law. This excludes in all cases
minors (persons who have not reached their eighteenth birthday).
4.
411Law.com reserves the right to modify the Terms of Service at any time
and without prior notice to its Users. We may add to, change, delete or end our
or Your use of our service at any time. The service may be temporarily
unavailable from time to time for maintenance or other reasons.
5.
411Law.com is not involved in any transaction between any party who uses
our site. There are risks which You assume when dealing with people who might be
acting under false pretenses; all of these risks are borne by You. We are a
venue only and do not screen or censor or otherwise control the listings offered
to other Users, nor does 411Law.com screen or censor or otherwise control the
Users of its service. 411Law.com can not and does not control the behavior of
the participants on this site. We can not control whether or not Users of
411Law.com will complete the transactions they describe on our site. IT IS
EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE
ON THIS SITE! 411Law.com does not assume responsibility for the content or
context of the user comment areas and will not remove or edit postings to the
comments areas once they are entered into the service, except to expire records
or in our sole discretion.
6.
If there is a dispute between participants on this site, 411Law.com is
under no obligation to become involved. In the event that You have a dispute
with one or more Users, You hereby release, 411Law.com, their officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service.
7.
The services provided at 411Law.com may be used only for lawful purposes.
Transmission, distribution or storage of material or conduct in violation of any
applicable local, state, federal or foreign law or regulation is prohibited.
This includes without limitation any unauthorized use of material protected by
patent, copyright, trademark or other intellectual property right, material that
is obscene, defamatory or libelous, constitutes an illegal threat, or violates
rights of privacy or publicity, or violates export control laws. You may use the
information on our site only to the extent necessary to facilitate 411Law.com
related transactions.
8.
411Law.com prohibits the transmission, distribution or posting of
unwanted or offensive content. You agree that all information or data of any
kind, whether text, software, code, music or sound, photographs or graphics,
video or other materials ("Content"), publicly or privately provided, shall be
the sole responsibility of the person providing the Content or the person whose
user account is used. You agree that our web site may expose you to Content that
may be objectionable or offensive. We shall not be responsible to you in any way
for the Content that appears on this web site nor for any error or omission.
9.
Prohibited transmissions include without limitation, profane or sexually
explicit advertisements that include masking or misspelling the words, or images
that would be illegal in any jurisdiction. It is Your responsibility, and you
agree to comply with all requirements, legal or other. Additional prohibitions
include misleading offers that do not list the total purchase price or a "bait &
switch" of products, advertisements listed in the incorrect category, duplicate
listings that contain more than 60% of the same characters, regardless of
category, U.R.L. (Universal Resource Locator) or hyperlinks within an
advertisement or image, the sale or distribution of firearms, weapons or
controlled substances, fraudulent or criminal offers including but not limited
to registering another email address other than Your own, any posting with the
goal of harassment of another, sexual requests from or for a minor, racial slurs
or comments, harassment, placing a fraudulent ad, unsolicited advertising
(whether commercial or informational) and unsolicited email or advertisements
including, but not limited to adult or dating services placing advertisements
("SPAM"). Further, 411Law.com prohibits the transmission, distribution or
posting of any matter which discloses personal or private information concerning
any person or entity, including without limitation phone number(s) or addresses,
credit debit cards, calling card, User account numbers/ passwords or similar
financial information, and home phone numbers or addresses. Even though all of
this is strictly prohibited, there is a small chance that You might become
exposed to such items and You further waive Your right to any damages (from any
party) related to such exposure.
10.
411Law.com prohibits the listing or sale of the following goods for any
reason, including but not limited to any item that is illegal to sell under any
applicable law, statute, ordinance or regulation including the following:
Food (other than packaged food meeting all applicable federal
state and local standards for sale to consumers by commercial merchants)
Alcoholic beverages (except if You are reselling an alcoholic
beverage that was initially purchased from a retailer and it still in its
original container and it is legal to deliver to the buyer and into the
jurisdiction where the buyer is)
Cigarettes or any other tobacco product for human consumption
Pharmaceuticals or any other controlled substance
Dangerous, counterfeit or stolen goods
Goods which do not actually exist
Any good that infringes or violates anyone's rights
Any item which in 411Law.com’s sole discretion is inflammatory,
offensive or otherwise inconsistent with 411Law.com’s standards of business
ethics.
Any messages, data, or images that might be considered by a
reasonable person to be obscene or which contain racial, ethnic, religious slurs
or derogatory epithets, or advocating violence, hate or other language that is
deeply or widely offensive.
9.
411Law.com strongly opposes SPAM, which floods the Internet with unwanted
and unsolicited email and deteriorates the performance and availability of the
411Law.com’s service. All forms of SPAM, and all activities that have the effect
of facilitating SPAM, are strictly prohibited.
10.
411Law.com also prohibits the use of another Internet service to send or
post SPAM to drive visitors to Your site hosted on or through 411Law.com’s
systems, whether or not the messages were originated by You, under Your
direction, or by or under the direction of a related or unrelated third party.
11.
If 411Law.com, in its sole discretion, determines that a violation of the
Terms of Service has occurred, 411Law.com may pursue any of its legal remedies,
including but not limited to the immediate deletion of any offending material
from its site, cancellation of Your account and /or the exclusion of any
person(s) who may have violated any Terms of Service. 411Law.com could also
pursue violators with claims that they have violated various criminal and/or
civil laws as applied by the relevant jurisdiction. 411Law.com will cooperate
with any investigation by any Federal, State, or local body or any court or
tribunal legitimately exercising it's rights. Such cooperation may be without
notice to You. 411Law.com believes in its sole discretion that any ad may create
liability for 411Law.com, 411Law.com may take any actions that it believes are
prudent or necessary to minimize or eliminate its potential liability, including
but not limited to, the release of User information. In sum, 411Law.com reserves
the right to refuse service to anyone at any time, and to remove any listings or
any advertisements for any reason, and without notice.
12.
User understands and agrees that User is responsible for all applicable
taxes and for all costs that are incurred in using the 411Law.com service. We
may also, in our sole discretion, add or delete fees associated with the
Service. There may be a charge associated with photo classified listings or
Business Listings. If any charge is applicable, we will notify our Users in
advance.
13.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS.
411LAW.COM 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.
14.
411LAW.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S
REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES 411LAW.COM 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 FROM THE SERVICE.
15.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS
OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND
RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY
TRANSACTION.
16.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
411LAW.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
17.
LIMITATION OF LIABILITY. USER AGREES THAT NEITHER 411LAW.COM NOR ANY OF
ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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, DATA, INFORMATION 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 OR ARISING FROM ANY OTHER MATTER RELATING TO THE
SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE, EVEN IF 411Law.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. USER FURTHER AGREES THAT 411Law.com 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. USER AGREES THAT
411Law.com SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event
shall 411Law.com total liability to You for all damages, losses, and causes of
action exceed the amount paid by You to 411Law.com, if any, that is related to
the cause of action.
18.
You agree to indemnify and hold us harmless, our subsidiaries,
affiliates, related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or demand,
including reasonable attorney's fees, that may be made by any third party, that
is due to or arising out of your conduct or connection with this web site or
service, your provision of Content, your violation of this Terms of Use or any
other violation of the rights of another person or party.
19.
You give us a non-exclusive, worldwide, royalty-free, irrevocable,
sublicenseable (through multiple tiers) right to exercise all copyright and
publicity rights, in any existing or future media, known or unknown, over the
material or User Data displayed in Your listings. For the purpose of this
Agreement, "User Data" shall mean all information (if any) submitted by You,
(the "User") to 411Law.com with the exception of trading data, credit card
numbers, checking account numbers, etc. "Individually Identifiable User Data"
shall mean that subset of "User Data" which can be reasonably used to identify a
specific individual such as their name, address, phone number, etc. The User
Data shall be deemed to be the property of 411Law.com. You shall take all
reasonable efforts to ensure that it is accurate and complete and not misleading
in any way.
20.
You agree not to resell or assign Your rights or obligations under these
Terms of Service. You also agree not to make any unauthorized commercial use of
the Service.
21.
You agree not to make use of anyone else's Information other than as
necessary to complete any transactions in which You are involved.
22.
There is no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship between 411Law.com and any User of the
Service.
23.
Any notice to You or to us shall be made by either email or regular mail.
We may also give notice of changes to these Terms of Service or other matters
related to 411Law.com by displaying notices to Users on the Service.
24.
This Agreement is the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding any prior
agreements and or communications regarding such subject matter. This Agreement
may only be modified, or any rights under it waived, by a written document
executed by both parties.
25.
These Terms of Service and the relationship between User and 411Law.com
shall be governed by the laws of the State of Arizona without regard to its
conflict of law provisions. User and 411Law.com agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Pima,
Arizona.
26.
The failure of 411Law.com to exercise or enforce any right or provision
of these Terms of Service shall not constitute a waiver of such right or
provision. If any provision of these Terms of Service 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 the other provisions of these Terms of Service shall remain
in full force and effect.
27.
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 Service or the
these Terms of Service must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
28.
The section titles in these Terms of Service are for convenience only and
have no legal or contractual effect.
29.
Please help us keep the 411Law.com site an enjoyable experience for all
Users, if You observe material or behavior that may violate one of the
411Law.com terms of participation, please contact 411Law.com at
contact@411law.com
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