Terms and Conditions

User Agreement for AttorneyAuction.com

This is an important document which you must consider carefully when choosing whether to use the www.AttorneyAuction.com website at any time.

This Agreement was last modified on May 22, 2014

THE FOLLOWING DESCRIBES THE TERMS ON WHICH ATTORNEYAUCTION.COM OFFERS YOU ACCESS TO OUR SERVICES.

Acceptance of User Agreement

This user agreement ("User Agreement" or "Agreement") is a contract between you and Attorney Auction LLC. If you are a user of www.AttorneyAuction.com, the Site is offered to you conditioned on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.

This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and AttorneyAuction.com as to its subject matter.

If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your AttorneyAuction.com account ("Account") or the Services provided by us on the Site (the "Services"or this "Service), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.

Amendment of User Agreement

AttorneyAuction.com may amend or modify this User Agreement in whole or in part from time to time, without notice (unless such prior notice is required by law), by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.

1.  ELIGIBILITY

AttorneyAuction.com offers its Services to its Users. Acceptance of an applicant or site for participation in the serviecs in in our absolute discretion. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of AttorneyAuction.com's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on the User's  Account and must report any unauthorized use of the Account to us. By virtue of joining this Site, Users acknowledge that they are requesting that Attorneys solicit them for legal representation. 

2. USERS

The terms "you," "your," "User," or "Users" refer to anyone accessing our Services or Site for any reason.

AttorneyAuction.com provides a venue to introduce Users who wish to provide professional services ("Attorneys") and Users who seek such professional services ("Clients")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to help Clients find the right Attorney to hire and represent them.

3. LEGAL RELATIONSHIP BETWEEN YOU AND ATTORNEYAUCTION.COM

3.1 Termination

AttorneyAuction.com reserves the right to terminate the participation of any User without reason but expressly including any User that AttorneyAuction.com judges to be in violation of the User Agreement. Without limiting the foregoing, AttorneyAuction.com may terminate the participation of a User if we think they are creating problems, creating legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral, or illegal activities, or for other similar reasons.

3.2 Relationship Between Users

The Parties to a case are the Attorney, the Client, and AttorneyAuction.com. AttorneyAuction.com is a Party to a case for purposes limited to (a) the provision of the virtual venue and hosting of the Site(s) to enable selection of Attorneys and cases, (b) supervising payment following satisfactory completion of a case as agreed between the Client and the Attorney, and provision of a process for Clients and Attorneys to use when there is a disagreement about satisfactory completion of a case.

Although AttorneyAuction.com provides a virtual environment for the definition of cases and assessment of Attorneys, Attorneys and Clients acknowledge and agree that, despite any recommendation made by AttorneyAuction.com of any Attorney in relation to a case, they are responsible to identify and subsequently make their own sole decision and/or determination on the suitability or otherwise (as applicable) of an Attorney to perform or complete any case or of an Client to provide funds during and/or on completion of any case and clarification on a case as required during the term of a case. AttorneyAuction.com has not investigated the suitability of any Attorney for any case and the Client acknowledges that it is its sole responsibility to assess the ability of an Attorney to satisfactorily complete a case.

Depending on their jurisdiction, Attorneys and Clients may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this Agreement is intended to override a right that by applicable law may not be excluded. However, to the maximum extent permitted by law, the liability of AttorneyAuction.com for any Services it provides is limited to performing the Services again.

Upon the Client awarding a case to an Attorney and the Attorney’s acceptance of a case on the Site, the Client agrees to comply with the Attorney’s own retainer agreement, and the Attorney agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the Attorney’s own retainer agreement between the Client and Attorney available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Attorney and Client uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the case terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement. AttorneyAuction.com agrees to provide the venue and host the Site, including the hosting of the case.

You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.

3.3 User Responsibilities

The responsibilities of the Attorney and Client are set out in the Attorney’s own retainer agreement.

When you enter into a transaction, you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.

You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances, and regulations relevant to you as a Client or an Attorney, or in any other uses you make of the Site.

If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, AttorneyAuction.com has no responsibility for enforcing any User rights.

3.4 No Insurance

AttorneyAuction.com does not offer any form of insurance or other Client or Attorney protection that will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Clients and Attorneys. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited Client or Attorney protection or chargeback services and you should familiarize yourself with these before proceeding with a transaction of any kind through the Site.

Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.

3.5 Independent Contractors

Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency, or employment relationship between: (1) Users; or (2) between us and any User.

3.6 Services Offered by AttorneyAuction.com

AttorneyAuction.com offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Attorneys and to enable Attorneys to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service, or use of this service.

Some of the Services offered at the Site may include feedback to questions by Users of this Service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and AttorneyAuction.com and its related entities, directors, officers, and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

3.7 Terms of Use

The User understands and agrees to the following terms:

Our Site acts as an online venue to allow Users to offer and buy professional services. As a result you acknowledge and agree that AttorneyAuction.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Attorneys to provide the services or the Clients to pay for the services. We do not guarantee that a User will actually complete the professional services or act lawfully in using the Site.

Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that AttorneyAuction.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.

The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by AttorneyAuction.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.

AttorneyAuction.com provides unmonitored access to third-party content. AttorneyAuction.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This website may contain links to thirdparty websites. AttorneyAuction.com does not control nor always review the websites to which we link from the Site. AttorneyAuction.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the websites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.

AttorneyAuction.com does not have the resources to, nor does it undertake any obligation to control, research, verify, validate, or approve the content that is received or viewed on its website. AttorneyAuction.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using AttorneyAuction.com for User's Account.

3.8 Promotion

You agree and acknowledge that unless explicitly requested, AttorneyAuction.com may display your company name, logo and public description of your cases and profile as part of the AttorneyAuction.com website(s) and / or other AttorneyAuction.com marketing materials.

3.9 Notices: Consent to Contact

You consent to AttorneyAuction.com contacting you by electronic means as part of delivering the Services outlined in this User Agreement. Additionally you consent to being contacted by electronic means by AttorneyAuction.com for the marketing of campaigns, offers, new products, or services.

4. MEMBERSHIP

Attorneys can join AttorneyAuction.com, create a profile, and bid three times for free. Attorneys at AttorneyAuction.com who would like access to unlimited bididing on cases can sign up for our Gold Membership. For the flat fee of  $99 per month Attorneys can bid on all types of cases.

AttorneyAuction.com charges membership fees for creating, hosting, maintaining, and providing the Site, for all Services delivered by AttorneyAuction.com that are accessible through the Site, and to cover expenses and fees AttorneyAuction.com incurs to banks, credit card companies, PayPal, and payment processors. 

5. AFFILIATE PROGRAM

5.1 General

The AttorneyAuction.com Affiliate Program ("Affiliate Program") is a program that allows you to receive a payment from Attorney Auction LLC ("Bonus") into your Account for referring a new user ("Referred User") to AttorneyAuction.com. To participate in the Affiliate Program, you must comply with all of these requirements, and have an Account that is in good standing.

5.2 Requirements for Referred Users

You may not refer yourself for the Affiliate Program or a user having the same IP address as yourself. The Referred User must be an individual (or business) with whom you have a pre-existing relationship. You may not obtain names for referrals from group email addresses, third party bulk mailing lists, customer lists, or other similar sources. You may not send unsolicited e-mails ("Spam"). If you send Spam in order to recruit Referred Users, AttorneyAuction.com may immediately and permanently close your Account, without paying out any accrued Bonus.

5.3 Bonus Amount

The amount of the Bonus is based on the Referred User's Membership payments. The Affiliate User will receive 20% of that monthly payment (bonus) by the Referred Attorney for the first 3 months of the Referred Attorney’s Account ownership. The 20% will be paid automatically to the Affiliate User after that money has been received by Attorney Auction LLC.

5.4 Payout Period

You are eligible to receive Bonus payouts for the first 3 months of the Referred User's Account ownership. Attorney Auction LLC reserves the right to apply a monthly limit on Bonus payouts should you refer more than 100 users within any given month.

5.5 Requirements

To be eligible for a Bonus, the Referred User must: (1) sign up for an Account through either the supplied affiliate links or invitations through the "Invite Friends" module; (2) become a User; and (3) not already have an Account at the time of the referral (or previously).

5.6 Discontinuance or Modification of Program

Attorney Auction LLC may discontinue or modify the Affiliate Program at any time by providing you with seven days notice. In the event that the Affiliate Program is discontinued, you will receive the Bonus for all of your Referred Users that have satisfied all of the requirements in this section prior to the discontinuation date of the Affiliate Program.

5.7 Non-Compliance

Failure to comply with these terms may result in your Account and participation in the Affiliate Program being terminated.

6. USER CONTENT

6.1 Content

The User is solely responsible for content or any other information the User provides to AttorneyAuction.com. User understands and agrees to the following:

•    AttorneyAuction.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. AttorneyAuction.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for AttorneyAuction.com, harm its business operation or reputation, or cause AttorneyAuction.com to lose the services of its suppliers.

•    Any and all content submitted to the Site is subject to the approval of the Site administrators. The Site reserves the right to reject, approve, or modify User-submitted content upon the discretion of the Site administrators. Evaluation of User-submitted content is based on certain quality guidelines.

These guidelines, that encompass all objectively quantifiable and aesthetic aspects of User-submitted content, are set solely by the Site and applied exclusively within the Site.

User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false, or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information.

No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" is no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.

6.2 Grant of License

Subject to clause 7.3 below, by submitting User content to AttorneyAuction.com ( including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a case; sending messages through or to AttorneyAuction.com), you hereby grant to AttorneyAuction.com a worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of AttorneyAuction.com (such as a portfolio of sample works hosted on your own web site) will not be considered "submitting" such content for purposes of this license grant.

6.3 Feedback, Reputation, and Reviews

By using the Site, you acknowledge that you transfer copyright of the feedback, reputation, and reviews you leave (whether a "Client" or "AttorneyAuction"), consisting of comments and a multidimensional rating (e.g., Quality, Communication, etc.) together with a composite rating by AttorneyAuction.com ("feedback" ). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with AttorneyAuction.com's policies as posted on the Site from time to time, without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the AttorneyAuction.com feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to AttorneyAuction.com.

AttorneyAuction.com's feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of Services between Users of the Site. You may not use your AttorneyAuction feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by AttorneyAuction.com or its related companies without our written permission.

7. USER RESTRICTIONS

7.1 Advertising

Users are prohibited from advertising a website on the Site. Any URL posted in a bid, case description, or the message board, must relate to a case on AttorneyAuction.com.

7.2 Bidding

Attorneys can only place bids that equal the total amount of money they are requesting for the case. You cannot post an abnormal type of bid. This also applies to Clients. Clients cannot create cases that directly or indirectly require Attorneys to place abnormal bids.

7.3 Client

The Client agrees that:

•    The Client is strictly forbidden from redistributing any of the content of the Site, including but not necessarily limited to private messages, documents, and support tickets.

•    The Client will not use the Client's Account to post false or misleading case descriptions.

•    The Client will not post case descriptions that, in the judgment and discretion of AttorneyAuction.com, are inappropriate to AttorneyAuction.com's audience and viewers.

•    The Client will not falsify the Client's own or any other identity.

•    The Client will comply with all of AttorneyAuction.com's policies as posted on the Site from time to time.

7.4 Attorney

The Attorney agrees that:

•    The Attorney will not redistribute any of the content of the Site, including but not necessarily limited to private messages, documents, and support tickets.

•    The Attorney will not falsify Attorney's own or any other identity.

•    The Attorney will comply with all AttorneyAuction.com policies as posted on the Site from time to time.

•    The Attorney will provide his state and bar number/license information

7.5 Prohibited Use of Site Content

The content and information on the Site (including, but not limited to messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code, or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

•    use this Site or its contents for any commercial purpose;

•    access, monitor, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;

•    violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;

•    take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

•    deep-link to any portion of this Site for any purpose without our express written permission;

•    "frame," "mirror," or otherwise incorporate any part of this Site into any other website without our prior written authorization; or

•    attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the Services.

7.6 General Restrictions

Users agree that:

•    Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of AttorneyAuction.com.

•    Users will not distribute unsolicited commercial messages ("spam") through the User's Account.

•    Users will not contact Clients or Attorneys through the Site or through information gained from our Site with the intent of subverting them from using our Services.

•    Users will not engage in personal attacks, negative or other unfair criticism, or other forms of discourteous and unprofessional online conduct or practices.

•    Users will not create multiple user Accounts for any reason, or under any circumstance.

1.  If you create a case, you cannot create another Account to bid on it, nor can you award yourself that case.

2.  If you create a contest, you cannot create another Account to enter your own contest, nor can you award your entry the prize.

 

7.7 Consequences of Termination

In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from AttorneyAuction.com.

Without limiting AttorneyAuction.com's other remedies, to the extent you are in violation of this User Agreement, you must pay AttorneyAuction.com for all fees owed to us and reimburse us for all losses and costs (including any and all AttorneyAuction.com employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You and AttorneyAuction.com agree that the damages that AttorneyAuction.com will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and Attorneys, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then AttorneyAuction.com may fine you up to US $3,000.00 for each such violation and/or AttorneyAuction.com may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$3,000.00 is presently a reasonable pre-estimate or minimum estimate of AttorneyAuction.com's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to AttorneyAuction.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.

You agree that AttorneyAuction.com is entitled to deduct such charges directly from any existing balance in the offending Account, or any other AttorneyAuction.com Account owned by you.

Users that are terminated by AttorneyAuction.com on any basis other than violation of this User Agreement will be entitled to receive any payment due from AttorneyAuction.com.

In the event of termination, you will have no claim whatsoever against AttorneyAuction.com in respect of any such suspension or termination of your membership.

7.8 Account Verification

If you do not complete Account verification when requested within 12 months of the date of request, your Account may be subject to termination.

8. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA

Your personal information will be processed by AttorneyAuction.com in order to fulfill the agreement with you, perform delivery of products, etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products, or services. Your personal information may also be transferred between AttorneyAuction.com and any associated entity within the AttorneyAuction.com organization. The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the Agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.

AttorneyAuction.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.

9. TRADEMARKS

AttorneyAuction.com has a trademark pending.

10. COPYRIGHT

10.1 Copyright of AttorneyAuction.com

The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the property of AttorneyAuction.com and are protected by the United States and international copyright laws.

10.2 Copyright infringement

It is our policy to respond to clear notices of alleged copyright infringement. Our policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.

11. NO WARRANTY

AttorneyAuction.com is not involved in the actual transaction between Attorneys and Clients. Our Services, the Site, and all content on it are provided on an as-is basis and without warranties of any kind either express or implied. Without limiting the foregoing, AttorneyAuction.com does not represent or warrant that:

•    the Site will be accurate, reliable, uninterrupted, secure, or error-free;

•    defects in the Site will be corrected;

•    the Site or the server that makes it available are free of viruses or other harmful components.

To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

To the extent that AttorneyAuction.com is able to limit the remedies available under this User Agreement, AttorneyAuction.com expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at AttorneyAuction.com's sole discretion):

(1) in the case of goods, any one or more of the following:

•    the replacement of the goods or the supply of equivalent goods;

•    the repair of the goods;

•    the payment of the cost of replacing the goods or of acquiring equivalent goods; or

•    the payment of the cost of having the goods repaired; and

(2) in the case of services:

•    the supply of the services again; or

•    the payment of the cost of having the services supplied again.

12. LIMITATION OF LIABILITY

12.1 Limitation of Liability

In no event shall AttorneyAuction.com, its affiliates, or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

•    any indirect, special, incidental, or consequential damages that may be incurred by you;

•    any loss of income, business, or profits (whether direct or indirect) that may be incurred by you;

•    any claim, damage, or loss that may be incurred by you as a result of any of your transactions involving the Site.

•    The limitations on AttorneyAuction.com's liability to you above shall apply whether or not AttorneyAuction.com, its affiliates, or staff have been advised of the possibility of such losses or damages arising.

12.2 Jurisdiction's Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

12.3 Bar to Action

AttorneyAuction.com may plead this User Agreement in bar to any claim, Action, proceeding, class action, or suit brought by you against AttorneyAuction.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.

12.4 Dispute Resolution

If a dispute arises between you and AttorneyAuction.com, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly.

For any claim, AttorneyAuction.com may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If AttorneyAuction.com elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that AttorneyAuction.com will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, at the election of the Party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against AttorneyAuction.com must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, AttorneyAuction.com may recover its legal fees and costs (including in-house attorneys and paralegals), provided that AttorneyAuction.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, AttorneyAuction.com will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

AttorneyAuction.com’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

13. INDEMNITY

You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses, and damages (actual, special, and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

14. APPLICABLE LAW

 

Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of Nevada.

15. GENERAL

The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by AttorneyAuction.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of AttorneyAuction.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

16. CONTACTING US

If you have any questions about these terms or if you wish to report violations of these terms, please contact AttorneyAuction.com at support@AttorneyAuction.com.