Welcome to OREGON LAWYER ONLINE, a website where citizens living within the State of Oregon can purchase unbundled legal services, at flat rate fees, over the internet. People who live outside the State of Oregon, but have legal matters within the State of Oregon can also use this website for flat rate legal services. By accessing or using any part of the OREGON LAWYER ONLINE website and any other digital services or operated or used by Oregon Lawyer Online from time to time (collectively referred to as the “Site”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully as well as the Privacy Policy. Throughout these Terms Of Use the term Oregon Lawyer Online also includes the website owner and licensed lawyer(s) affiliated with Oregon Lawyer Online.
If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Site.
GENERAL TERMS OF USE
1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site conditioned on your continued acceptance of, and compliance with, these Terms of Use. The information on this Site is provided to help modest and moderate means people living in the State of Oregon to obtain affordable legal services online. Any use of this site not intended to aid you in finding the answer to your legal question is prohibited unless you obtain the written permission of the owner of such content. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Site, (ii) interfere with the proper working of the Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Site.
2. Your Acceptance; Revisions to Terms of Use. The Site is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Oregon Lawyer Online regarding your use and access to the Site. By using the Site you agree to the Terms of Use.
Oregon Lawyer Online reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Site. Your use of the Site signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for reviewing the Terms of Use posted to the Site.
3. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with the operation and management of the Site. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Site. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, we reserve the right to terminate your access and use of the Site. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site, or defame or otherwise harm any party through your use of the Site.
In addition you also agree that you will not use our Services to:
(a) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, junk mail, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(f) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.
(g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(h) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
4. Term and Termination. These Terms of Use will take effect at the time you begin using the Site.
LINKS, ACCESS AND INFORMATION RELATED TO OTHER SITES
1. Direct Access to Oregon Lawyer Online website. The Site may provide links to, or directly connect users who are logged in to the Site to pages on other websites for your convenience. Oregon Lawyer Online does not exercise control over the content on the other websites that are linked to this website. By logging into Oregon Lawyer Online website, users who are connected to the Oregon Lawyer Online website are bound by the Terms of Use, Copyright Notice and Privacy Policy contained on the linked websites.
2. Third Party Information. The Site may discuss or link to materials, information, products, and services provided by third parties, including, but not limited to the Oregon Circuit Court website. Any such information, including, but not limited to, articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Site are those of the respective third party and not of Oregon Lawyer Online. Oregon Lawyer Online makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
3. Products or Services Provided by Third Parties. The Site may contain information, discussion about or descriptions of products or services provided by third parties which are not affiliated with Oregon Lawyer Online. The inclusion of such information on the Site does not imply endorsement of these products or services. Oregon Lawyer Online, its lawyer and owner shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such information on the Site. Further, Oregon Lawyer Online shall not be responsible or liable for the statements or conduct of any of the third party’s whose product or services may be discussed or described on the Site. You shall be solely responsible for any correspondence or transactions you have with any third party.
4. Links to Third Party Websites. The Site may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Oregon Lawyer Online exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
5. Links to Social Media Sites. Oregon Lawyer Online may provide links to social media profiles on sites such as Twitter, LinkedIn, Google+ and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. Oregon Lawyer Online is not responsible for content or links posted by others.
YOUR INFORMATION AND PRIVACY
1. Personal Information. Certain features and areas of the Site require registration and contact information. You must keep your Personal Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Oregon Lawyer Online is operated through GoDaddy as a host and includes an SSL certificate for secure protection of your information coming over the internet. This means that your private and confidential information submitted to Oregon Lawyer Online is encrypted when it is traveling from one server to another server. However, Oregon Lawyer Online is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Information. You must contact Oregon Lawyer Online immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Information.
2. Privacy Policy. Oregon Lawyer Online’s Privacy Policy is incorporated herein by reference.
USE OF CONTENT ON THE SITE
1. Proprietary Rights. The content of the Site includes (i) our copyrighted materials, trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Marks”); and (ii) writings, compilations, information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Content”). The Content is the property of Oregon Lawyer Online, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. Any uses, modifications, reproductions, rebroadcasts, sales or dissemination of the information contained on the Site and our Content is prohibited unless it is used by a client that has registered their contact information and paid the legal services fee.
2. While we are at our best to ensure all work uploaded onto our website is from the public domain, sometimes copyright protected work may find its way onto our website. If you are the copyright holder of any of such work and wish for it to be removed, we shall be at our best to resolve any issues at your request.
3. No Legal Advice and Disclaimer as to Accuracy of Information. The information on this Site and the Content are for informational purposes only, and is not legal advice or a substitute for legal counsel. The information contained in the Site and the Content may or may not reflect the most current legal developments; accordingly, information on the Site are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Site or the Content should be used as a substitute for advice of competent counsel. The materials on the Site and the Content do not constitute legal advice and do not necessarily reflect the opinions of Oregon Lawyer Online.
4. No Intent To Establish A Standard of Care: The information on the Site and the Content are for informational purposes only and do not establish, report, or create the standard of care for attorneys in Oregon.
EXCLUSION OF LIABILITY AND DISCLAIMER OF WARRANTIES
1. Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Site is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, Oregon Lawyer Online does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. Oregon Lawyer Online shall not be obligated to correct or update the Site or the Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.
2. Warranties Disclaimed. Liability Disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OREGON LAWYER ONLINE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THIS SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
OREGON LAWYER ONLINE AND/OR ANY OF ITS SUPPLIERS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OREGON LAWYER ONLINE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE LIABILITY OF OREGON LAWYER ONLINE IS LIMITED IN ACCORDANCE WITH OREGON LAW, AND THE OREGON CONSTITUTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OREGON LAWYER ONLINE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
3. Use of Websites and Content outside of the United States. Oregon Lawyer Online makes no claims regarding access or use of the Sites or the Content outside of the United States. If you use or access the Sites or the Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
4. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Oregon Lawyer Online from and against all claims arising from or in any way related to your use of the Site and/or the Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Site and/or the Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. Oregon Lawyer Online will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Oregon Lawyer Online other than under this Section.
5. Governing Law: To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Jackson County, Oregon, U.S.A. in all disputes arising out of or relating to the use of the this Site. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Oregon Lawyer Online as a result of this agreement or use of this Site.
Oregon Lawyer Online’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Oregon Lawyer Online’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Oregon Lawyer Online with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Oregon Lawyer Online with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Oregon Lawyer Online with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
6. Waiver and Severability. Failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
7. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, constitutes the entire agreement between you and the relating to the Site and its use by you, and supersedes any previous written or oral communication regarding use of the Site.
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