YOUR USE OF THIS WEBSITE (THE “SITE”) OR ASSOCIATED PLATFORM (THE “APP”) CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE (“TERMS”) AND ANY SUBSEQUENT CHANGES TO THE TERMS. DO NOT USE THIS SITE OR THE APP IF YOU DO NOT AGREE TO ALL OF THE TERMS. By accessing or using the Site or the App, you are agreeing to these Terms; by accessing the App you are concluding a legally binding contract with NEXTLAW GLOBAL REFERRAL NETWORK LLC (“NETWORK”). Do not access or use the Site or App if you are unwilling or unable to be bound by the Terms. (Hereafter, all references to the Site apply equally to the App.)
I. GENERAL DESCRIPTION
“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes or in any way uses the Site. “We,” “us,” and “our” refer to NETWORK.
We may change these Terms at any time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We may, but are not obligated to, also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
NETWORK is a global legal referral network dedicated to providing members with a sophisticated global referral service that members can use to better service their clients by efficiently pinpointing appropriate legal capabilities in any geography, practice and sector in the world. NETWORK does not provide or replace legal advice. Use of the NETWORK APP and/or Site does not create an attorney-client relationship nor does it create any of the privileges related thereto.
Use of the NETWORK APP is limited to Members of the Nextlaw Global Referral Network who have signed a Membership Agreement, which is provided to the law firm after the submission of an application and approval for admission by NETWORK. All other use of the APP is unauthorized.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with NETWORK, and any inconsistencies among the different versions will be resolved in favor of the English version.
II. DESCRIPTION OF SERVICES
We make (or, in the future, may make) various services available on this site including, but not limited to, Attorney Referral Services and Legal Marketing, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such a right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
III. CONDUCT ON SITE
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates our rules or policies;
- victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
- contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
IV. DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITY
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED, TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NETWORK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED, TO LOSS OF PROFITS, INCOME OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF NETWORK, ITS SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
V. ACCOUNT REGISTRATION AND ELIGIBILITY
To utilize the Services, or certain portions thereof, participating law firms and their attorneys will be required to establish a membership account with NETWORK (the “Account”) by completing a registration process (becoming a “MEMBER”) and signing a Membership Agreement. Use of the Services and Account registration is void where prohibited. By registering for an Account, you represent and warrant that (a) all information provided by you to the NETWORK Global Referral Network is current, accurate and complete; (b) you will maintain the accuracy and completeness of this information on a prompt, timely basis; and (c) your use of the Services does not violate any applicable law or regulation.
VI. PRIVACY
NETWORK respects the privacy of our users. Our Privacy Policy is expressly incorporated herein by reference and made a part of these Terms. NETWORK may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.
VII. SITE AVAILABILITY
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
VIII. OWNERSHIP
As between you and NETWORK, you own your content. We own the NETWORK Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of the user content and other site content, computer code, products, software, and all other elements and components of the Site (excluding your own content). We also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with NETWORK and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the NETWORK content in whole or in part except as expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights and all rights in and to the Site are retained by us.
IX. PASSWORD AND SECURITY
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account username and password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
X. ACTS AGAINST THE SITE/SERVICES
You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, the following:
(a) Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to use your Account(s) or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Site or Services; (g) violating or attempting to violate any security features of the Site; (h) using manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses or other similar harmful code into the Site or Services; (j) interfering or attempting to interfere with the use of the Site by any other user, host or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site; (k) causing, allowing or assisting machines, bots or automated services to access or use the Site or Services without the express written permission of NETWORK; (l) tampering with the operation, functionality or the security of the Site or Services; (m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected; (n) attempting to probe scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting or otherwise interfering with the functioning of the Site or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services; (r) engaging in “framing,” “mirroring” or otherwise simulating the appearance or function of the Site; and (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation.
XI. ACCOUNT TERMINATION
NETWORK reserves the right to terminate your Account(s), restrict access to your Account(s), or to delete any content posted through your Account(s), with or without notice, for any or for no reason, and without any liability to you.
XII. CONTENT ON THE SITE
These Terms apply to two (2) different categories of content available on the Site. The first category consists of content that is freely accessible to the public and does not require that the user register or obtain a username and password (hereinafter “Public-Facing Content.”) The second category of content is only accessible to Members and requires a username and password (“Secured Content”). Public-Facing Content is freely available to the public and includes information about NETWORK and participating law firms.
The portion of the Site containing Secured Content is only accessible to NETWORK staff or their designees and member law firms and their attorneys. Members accessing Secured Content will have access to information concerning other Member law firms, as well as any matter inquiries or referrals related to their law firm. Prospective clients will not be identified by name, except at the sole discretion of the referring law firm. A Member law firm will gain access to detailed client information only after an official referral from another Member law firm (or preliminary information sharing for purposes of doing a conflicts check). Member law firms agree to use Secured Content only to the extent necessary to facilitate a match with a prospective client and shall endeavor to maintain the confidentiality of the information and the identity of the prospective client. Member law firms may not use Secured Content for any other purpose. Member law firms recognize that their name, biographical information and/or contact information may be shared with prospective clients.
XIII. RESPONSIBILITY FOR YOUR CONTENT
You alone are responsible for Your Content. You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy or reliability. You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by NETWORK.
You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
XIV. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree to the following:
(i) your Feedback does not contain any third party’s confidential or proprietary information,
(ii) NETWORK is under no obligation of confidentiality, express or implied, with respect to the Feedback,
(iii) your Feedback is not unique and NETWORK may already be working on a similar idea or concept, and
(iv) you grant NETWORK an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback in any way NETWORK sees fit, and you irrevocably waive, and cause to be waived, any claims and assertions of any legal or equitable rights in such Feedback.
XV. LINKS TO THIRD PARTY SITES
At some point in the future, the Site may contain links to third party web sites (“Third Party Sites”). You understand that because NETWORK has no control over Third Party Sites, we do not endorse, have not reviewed, and are not responsible for the content or availability of Third Party Sites. You acknowledge that use of Third Party Sites is at your own risk and that NETWORK is not responsible or liable, directly or indirectly, for any damage or loss you incur in connection with products or services available or the content accessed on Third Party Sites, nor for the accuracy, copyright compliance, legality, decency or other aspect of Third Party Sites.
XVI. INTERNATIONAL USE
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with this site is void where prohibited.
XVII. INTELLECTUAL PROPERTY INFORMATION
For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds and other material and services that can be viewed by users on our site. This includes message boards, chat and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Nextlaw Global Referral Network, LLC and/or its affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Nextlaw Global Referral Network, LLC or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo and/or the name of Nextlaw Global Referral Network, LLC or its affiliates.
XVIII. TERMINATION OF SERVICE
NETWORK disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. NETWORK reserves the right to modify, suspend or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
XIX. NO WAIVER OF TERMS
Failure of NETWORK to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such rights or provisions in that or any other instance.
XX. GOVERNING LAW AND ENTIRE AGREEMENT
These Terms will be interpreted and construed in accordance with the laws of the State of Delaware, United States, without regard to its principles of conflict of law or choice of laws. Any unsettled controversy or claim between the parties arising out of or relating to this Agreement or any breach thereof shall be settled by final and binding arbitration in New York, New York pursuant to the rules then in effect of the CPR Rules of Non-Administered Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agreement. ALL PROCEEDINGS, CORRESPONDENCE, DOCUMENTS, AND COMMUNICATIONS RELATING TO SUCH ARBITRATION SHALL BE AND REMAIN CONFIDENTIAL. THE PARTIES WAIVE A RIGHT TO TRIAL BY JURY.
XXI. NOTICES
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service, Nextlaw Global Referral Network LLC, 1900 K St NW, Washington, DC 2006 if by conventional mail. We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
XXII. ENTIRE AGREEMENT
These Terms and the Membership Agreement (including the Policy Memorandum, Membership Criteria, and any addenda thereto) constitute the entire agreement between the Parties. No other warranties, representations, undertakings or promises, whether oral, implied or otherwise, have been made by either party hereto. This Agreement supersedes all prior agreements between the Parties, written or oral. These Terms may be modified unilaterally by NETWORK upon notice to MEMBER, without the requirement of any separate agreement in writing. Any such modification shall be prospective only. Except as provided in this paragraph with regard to the Terms and the Policy Memorandum, this Agreement may not be modified except in writing by both parties. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
XXIII. INDEMNIFICATION
You agree to indemnify, defend and hold NETWORK, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners and the officers, directors, employees, agents and representatives of each of them (collectively, the “NETWORK Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. NETWORK reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of NETWORK. NETWORK will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.