GENERAL TERMS AND CONDITIONS
Advertiser acknowledges that the sole obligation of FIL is to display the Advertiser Web Content in accordance with the terms of this Agreement.
Advertiser understands that once this Agreement is executed, there shall be no refunds or proration of rates if Advertiser elects to discontinue display of the Web Site prior to expiration of the advertising term. Notwithstanding the foregoing, FIL may terminate this Agreement if Advertiser fails to pay any amount due hereunder and such non-payment remains uncured for five (5) days. In the event of any such termination for non-payment, the total contract price shall become immediately due and payable to FIL as liquidated damages. Unpaid amounts will accrue interest at the rate of 15% or the highest permissible rate allowed under applicable law. Advertiser will pay an additional $25.00 service charge to FIL for any returned check. Advertising rates are subject to change; any rate changes will apply to any additional advertising services or renewals requested by Advertiser after such rate change.
If Advertiser purchases domain name registration services, Advertiser acknowledges that FIL obtains domain names from an outside source and Advertiser agrees to be bound by the terms and conditions of the domain name provider. Advertiser acknowledges that it is Advertiser's sole responsibility to renew the domain name registration prior to its expiration in order to prevent interruption in service or termination of the domain name registration and that FIL bears no responsibility for notifying Advertiser of domain registration renewal deadlines. Advertiser acknowledges that registration of any particular domain name is subject to availability. If Advertiser purchases search engine submission, Advertiser agrees that FIL does not guarantee that Advertiser will be listed on any search engine.
UNDER NO CIRCUMSTANCES SHALL FIL BE LIABLE TO THE ADVERTISER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT FIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED FOR HEREIN. FIL SHALL IN NO EVENT BE LIABLE TO ADVERTISER FOR MORE THAN THE TOTAL AMOUNT PAID TO FIL BY ADVERTISER HEREUNDER. FIL MAKES NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING FIL'S SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FIL SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING (1) THE NUMBER OF PERSONS WHO WILL ACCESS THE WEB SITE AND (2) ANY BENEFIT ADVERTISER MIGHT OBTAIN FROM THE WEB SITE.
Advertiser is solely responsible for any legal liability arising
out of or relating to Advertiser's web site. Advertiser represents and warrants
that
(1) Their web site complies with FIL's advertising standards;
(2) Advertiser is authorized to advertise legal services;
(3) all persons to be listed on the Web Site are duly licensed and qualified
to practice law in the state or jurisdiction in which Advertiser has requested
that they be listed and are in good standing with the appropriate bar associations;
(4) the listing of the web site will not violate any laws, rules or regulations
or any rights of any third parties, including, but not limited to, such violations
as infringement or misappropriation of any copyright, patent, trademark, trade
secret, music, image, or other proprietary or property right, false advertising,
unfair competition, defamation, invasion of privacy or rights of celebrity,
violation of any anti-discrimination law or regulation, or any other right of
any person or entity; and
(5) Advertiser's web site complies with all laws, rules and regulations of the
state, country or territory in which it is located.
Advertiser agrees to indemnify FIL and to hold FIL harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by FIL, based on any legal representation or advice provided by the Advertiser, its shareholders, agents or employees to any individual or entity who may have learned of advertiser through its listing with FIL or arising out of or related to Advertiser's breach of any of the foregoing representations and warranties. In the event that the person or persons listed on the Attorney Locate directory are no longer in good standing with the appropriate bar association, Advertiser shall contact FIL immediately and FIL will be entitled to remove the listed person or persons who are no longer in good standing from the Attorney Locate website.
FIL intends this Directory to be operational 24 hours per day, 7 days a week. However, FIL does not guarantee that this will occur. Interruptions of service of less than one day will not be compensated. Longer interruptions will result in an extension of service as Advertiser's sole compensation for interruption.
FIL reserves the right to reject any advertising which is not consistent with FIL's standards. In addition, FIL shall have the right, at any time, to remove any of Advertiser's advertising and/or terminate this Agreement if FIL determines, in its sole discretion, that the advertiser's web site or any portion thereof (1) violates FIL's then applicable advertising policy; (2) violates any law, rule or regulation or if FIL is directed to do so by any law enforcement agency; or (3) is otherwise objectionable to FIL. FIL reserves the right to suspend any or all of the services provided for in this agreement at any time by providing 5 days notice of suspension. In the event of any such termination, FIL shall refund to Advertiser any unapplied fees, on a pro rata basis, which Advertiser has paid to FIL for display of the Web Site.
Copyright advertising furnished by Advertiser shall contain the proper copyright notice. Advertiser assumes sole responsibility for the protection of its copyright and any writing, pictorial, illustration, design, mat, map, photograph, or combination thereof owned by Advertiser and included in its website. FIL retains the ownership to any writing, pictorial, illustration, design, mat, map, photograph, software or combination thereof, that FIL provides in creating a website for Advertiser or in conjunction with Advertiser's listing on the Attorney Locate website.
FIL and Advertiser are independent contractors, and neither FIL nor Advertiser is an agent, representative or partner of the other. FIL may terminate this Agreement at any time in the event of material breach of this Agreement by Advertiser. This Agreement sets forth the entire agreement between Advertiser and FIL, and supersedes any and all prior agreements (whether written or oral) of FIL and Advertiser with respect to the subject matter set forth herein; provided, however, that all pricing will be governed by FIL. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. This Agreement shall be interpreted, construed and enforced in all respects in accordance with laws of the State of New Mexico, without regard to the actual state or country of incorporation or residence of Advertiser.
It is agreed that the price for the requested advertising is based in part on the understanding that the Advertiser irrevocably consents to the exclusive jurisdiction of the courts of the State of New Mexico and the federal courts situated in the State of New Mexico in connection with any action arising under this Agreement. Advertiser may not assign this Agreement, in whole or in part. It is further agreed that should any portion of this agreement be deemed invalid, it shall not affect the enforceability of the remainder of this agreement.