Terms of Service

Lawyers are ultimately responsible for ensuring their legal videos comply with their State Bar Association’s marketing and advertising guidelines.

LLG shall host and display videos on LLG’s website in the state in which that lawyer is licensed to practice law. Such videos shall remain on LLG’s website, unless lawyer directs the removal of the videos.

Intellectual Property

You affirm that you and/or lawyer owns all intellectual property rights to lawyer’s videos. Lawyer’s videos shall be and at all times remain the intellectual property of lawyer. Lawyer agrees that for the duration of these Terms of Service and until lawyer notifies LLG to remove lawyer’s videos, LLG shall be granted an irrevocable worldwide, non-exclusive, royalty free, sub-licenseable and transferable license to publicly perform, use, reproduce, distribute, prepare derivative works of, display, and perform the lawyer’s videos and non-video content, including, but not limited to name, email, address, and description in connection with the Services provided by LLG and LLG’s business, including without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, including third party websites and other media outlets, as LLG deems necessary for the purposes of rendering and operating the Services provided to client under this Agreement and includes permitting LLG a license to cache materials distributed or made available for distribution via the Service, including content supplied by third parties.  The rights granted are perpetual and irrevocable.

These Terms of Service may change and you agree to be bound by any such changes in LLG’s Terms of Service.  LLG will attempt to notify you of changes in these Terms of Service, but you should check the Terms of Service on the LLG website from time to time. To the extent that third party permissions are needed, you affirm that such have been obtained. You shall grant LLG a limited right to use lawyer’s trademarks, if any, for the limited purpose of permitting LLG to fulfill its duties under these Terms of Service.  This is not a trademark license and no other rights relating to the trademarks are granted by these Terms of Service.

You agree to notify LLG of any problems, changes, or termination of hosting services by contacting LLG at Tighe@LocalLawyerGuide.com as soon as is possible.

Digital Millennium Copyright Act

LLG complies with the Digital Millennium Copyright Act (“DMCA”) with respect to postings made on the site by lawyers.  All notifications of claimed infringement regarding material posted to this site should be addressed to the designated Agent, at the following address:

Notice of Claimed Infringement

Chris Hillenbrand

4900 N. Scottsdale Road, Suite 1500

Scottsdale, Arizona 85251

Notices of claimed infringement should include the following:

1.         A physical or electronic signature of the copyright holder or a person authorized to act on their behalf;

2.         Identification of the copyright work claimed to have been infringed;

3.         Identification of the potentially-infringing material;

4.         Your contact information, including your physical address, your email address, and your telephone number.

5.         A statement that you have a good faith belief that the potentially-infringing material is not authorized by the copyright owner or agent; and

6.         A statement that the information in the notice of claimed infringement is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Processing Claims of Infringement

Upon receipt of a notice of claimed infringement, LLG will investigate the potentially-infringing material.  If LLG believes in good faith that the potentially-infringing material violates any applicable law, LLG will remove or disable access to the potentially-infringing material, and notify the lawyer that the material has been removed or blocked.

Counter Notification

A lawyer who has had material removed or blocked because of receipt of a notice of claimed infringement may, if they believe the material was misidentified or removed in error, file a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.  To file a counter-notification with LLG, the lawyer must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA.  The lawyer will be liable for damages if the lawyer materially misrepresents that the removed or blocked content is not infringing the copyrights of others.

Upon receipt of a counter-notification, LLG may, in accordance with the DMCA, reinstate the posts or material in question.

Suspension of Repeated Infringers

LLG will, in appropriate circumstances, terminate the services of lawyers who are deemed repeat infringers.

 

Force Majeure

To the extent you are the cause of any loss, damages, or liabilities to LLG, including reasonable attorneys’ fees, you agree to reimburse, compensate and pay LLG for such losses, claims, damages, liabilities or penalties that LLG or any of LLG’s officers, directors, agents, successors or assigns may incur from your use of the Services, except to the extent that any loss, damages or liabilities are caused by LLG’s gross negligence or willful misconduct.

Professional Liability Insurance

Lawyer shall throughout the duration of this Terms of Service agreement maintain professional liability insurance. You and/or lawyer agrees to provide LLG with proof of professional liability insurance within five (5) business days of receipt of written request from LLG requesting the same.

Lawyer agrees not to include any content in their videos that are contrary or in violation of the rules of professional responsibility and ethics standards of the State Bar Association having jurisdiction over lawyer.

 

Video Player

In the event the lawyer’s website uses LLG’s embeddable video player, you shall not modify, decompile, block any functionality, or disassemble the embed code or included text links therein provided to you in any way. The provided embed code and associated video player provided by LLG shall be branded by LLG.

These Terms of Service and video hosting services may be terminated on five (5) days notice by either you or LLG.  Any terms pursuant to these Terms of Service surviving termination shall remain in full force and effect.

These Terms of Service may not be assigned by you and/or lawyer without LLG’s prior written consent.  You and/or lawyer agree(s) that in the event LLG merges or is acquired by a third-party, or LLG acquires a third party in the same or similar line of business, these Terms of Service and the video hosting services shall be transferred and assigned by LLG to the merged or acquiring third-party, or to the acquired third party, as the case may be.

Limitation of Liability

LLG is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond LLG’s reasonable control.

LLG SHALL HAVE NO LIABILITY UNDER THESE TERMS OF SERVICE OR OTHERWISE TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION,  FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ANY BREACH, MISTAKE, NEGLIGENCE, ACCIDENT, ERROR, OMISSION, INTERRUPTION OR DEFECT IN TRANSMISSION, DELAY, INCLUDING, BUT NOT LIMITED TO, ANY DELAY WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES,

OR DEFAULT IN PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THOSE RELATING TO THE SERVICES, LOSS OF DATA, PROFIT, REVENUE OR BUSINESS OR THE LOSS, DAMAGE OR DESTRUCTION OF ANY PROFIT, REVENUE OR BUSINESS OR THE LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY WHETHER YOU, YOUR ASSIGNEE OR ANY OTHER TRANSFEREE

SUFFER THAT LOSS OR DAMAGE AND WHETHER OR NOT LLG IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL LLG HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.  LAWYER HEREBY RELEASES LLG FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED AS LIQUIDATED DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LLG LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE FOREGOING.

If LLG fails to perform the video hosting services as required by these Terms of Service for any reason that constitutes a material breach or default by LLG under these Terms of Service, then you, as your sole and exclusive remedy shall have the right to terminate these Terms of Service by delivery of written notice of termination to LLG and receive as liquidated damages the sum of one hundred and 00/100 Dollars ($100.00) (the “Liquidated Damages”), in full and complete  satisfaction of all damages suffered by reason of LLG’s breach or default (and you and/or lawyer hereby waives all other rights and remedies and agrees not to assert any claim or institute any action against LLG for other legal or equitable relief , including without limitation, additional damages or specific performance).  You and/or lawyer’s sole remedy at law or in equity shall be such liquidated damages as provided for herein and all other damages are waived by you and/or lawyer.

Website Maintenance

LLG may perform maintenance to its website and servers from time to time that may affect the availability or functionality of all or part of the Services at any time. Any impact on the Services as a result of maintenance will not be deemed LLG’s breach of these Terms of Service.

LLG shall not be in violation of these Terms of Service or otherwise delay, failure to perform or damage, loss, destruction or malfunction or any consequences thereof, caused in whole or in part by anything beyond LLG’s reasonable control in the course of providing you and/or lawyer with the Services and performance of these Terms of Service, including, without limitation, fire, earthquake, flood, weather, acts of God, public health emergency or pandemic, labor disputes, utility curtailments, power failures, cable cuts, failure caused by telecommunications or other internet provider(s), mobile devices or other Services related products, worms, Trojan horses, viruses or other destructive code or software, explosions, civil disturbances, terrorism, vandalism, governmental actions or shortages of equipment or supplies.

Failure by a Party to insist upon strict performance of any of the provisions of these Terms of Service by any other Party, or the failure by a Party to exercise its rights upon default of any other Party, shall not constitute a waiver of such Party’s rights to insist and demand strict compliance by any other Party with the terms of these Terms of Service thereafter.

These Terms of Service shall not be altered, modified or amended, except by written agreement signed by all the Parties, including, and not limited to, by the Party against whom such modification or amendment is asserted.

If, after the date of these Terms of Service, any provision hereof is held to be illegal, invalid, or unenforceable under applicable laws effective during the term of these Terms of Service, such provision will be fully severable and the remainder of these Terms of Service will remain enforceable and not affected thereby.

Nothing contained in these Terms of Service constitutes or shall be construed to constitute the formation of a partnership, joint venture, association or any other form of co-ownership or common undertaking between or among the Parties.

These Terms of Service will be governed by the laws of the State of Arizona.  The Parties agree that in the event any action is commenced in connection with these Terms of Service, venue for such action or proceeding shall be proper only in a court of competent jurisdiction located in Maricopa County, Arizona, and hereby agree to submit to the jurisdiction of such court.

These Terms of Service represents the entire agreement between everyone and any and all prior agreements, understandings and obligations that exist or may exist between the Parties.

You hereby acknowledge and guarantee that lawyer is in good standing with their governing State Bar Association and is licensed by the governing authority to practice law in the territory in which the lawyer is listed.  You and/or lawyer agree(s) to immediately notify LLG if there is any material change to lawyer’s authority to practice law.  Failure of lawyer to be licensed to practice law shall constitute a basis for LLG to terminate services to you and/or lawyer, pursuant to §7.2.