Privacy/Spam Policy & Terms & Conditions
LegalTelligence LLC., understands how important personal privacy is to our existing and future clients. This Statement describes our policies and practices concerning information we gather through our Web site.
When you navigate LegalTelligence.com, we do not collect personal information, unless you send us an inquiry via our online forms or send us a trouble ticket or e-mail message. We do however gather statistical information about the usage of our Web site, such as the geographic location of our site visitors and domain IP addresses (indentification numbers assigned to servers or computers used to access the Internet), in order to observe how our Web site is used and how it may be streamlined, additionally we monitor LegalTelligence.com in order to ongoingly maintain site security. In the event you communicate with LegalTelligence LLC., via a e-mail message or via one of our online forms, the information you send (including your e-mail address and other identifying information in the message header) will be forwarded to the appropriate personal within LegalTelligence. LLC.
LegalTelligence LLC., SPAM Policy
LegalTelligence LLC., provides Online web services and related marketing tools, including systems and solutions for a full suite of advertising and marketing programs
LegalTelligence LLC., supports only permission-based email marketing and online marketing practices, and has implemented this SPAM Policy to:
Help prevent any client of LegalTelligence LLC., from using to send unsolicited commercial emails (UCE) or SPAM.
Provide information to our customers and end-users about UCE and SPAM.
Respond to complaints suggesting that Legaltelligence LLC., or other software tools provided by Legaltelligence LLC., or Legaltelligence LLC., dedicated servers or computers, have been used to send UCE or SPAM.
LegalTelligence LLC., SPAM Policy is a zero-tolerance policy against sending UCE or SPAM that is in any way associated with LegalTelligence LLC., customers, or our customers’ clients, associates and end-users. You are prohibited from using LegalTelligence LLC., to send UCE or SPAM, and you are prohibited from sending UCE or SPAM from any third party email system as a means of inviting respondents to take surveys or complete questionnaires hosted on LegalTelligence LLC., servers or network. Infringement of this policy includes, but is not limited to:
Using LegalTelligence LLC., to send mail which advertises or mentions any invitation by LegalTelligence LLC to computer end-users or email accounts who have not specifically requested or opted-in to receive emails from you, or who have specifically requested NOT to receive this type of email from you.
Sending, being involved in sending, or employing a third party to send email which advertises or mentions LegalTelligence LLC., to computer end-users or email accounts who have not specifically requested or opted-in to receive emails from you, or who have specifically requested NOT to receive this type of email from you.
Sending emails using LegalTelligence LLC., dedicated servers or computers for any purpose other than conducting a legitimate communications, surveys, polls or research project, or online questionnaire.
Forging message headers to mask the originator of the message.
Harassment, whether through language, frequency, or size of messages.
Generally speaking, UCE or SPAM does not include sending surveys or email notifications of surveys to customers, employees, business partners, students, faculty, association members, or any other group that you communicate with on a regular basis, or with whom you have previously established a business, academic or personal relationship.
The following sources of email lists are usually acceptable:
Customer, employee, colleague, student and member lists.
Double opt-in lists you develop or have developed for survey panels, newsletters, newsgroups, discussion lists or user groups.
Prospect lists rented from list service providers who assure double opt-in inclusion, when the audience is reasonably targeted, where the service providers have provided clear opt-out or unsubscribe opportunities, and where the list is being used for its original purpose and intent.
The following sources of email lists are usually unacceptable:
Lists generated with web spiders or email address collector programs.
Lists containing general email account names such as webmaster, info, sales, support, etc.
Email addresses collected from third party discussion lists or newsgroups.
Prospect lists generated without using a double opt-in process, when the audience is not at all targeted, where the service providers have not provided clear opt-out or unsubscribe opportunities, or where the list has been shared and is no longer being used for its original purpose or intent.
Any email addresses collected without the knowledge and approval of the owner of the email.
Generally speaking, any list created in a way that does not offer choice about inclusion is considered a SPAM list. If you have a question about whether your email list is appropriate, please send an email to Customer Service .
For more information about what SPAM is, why it is bad and what can be done about it please visit the following sites:
|www.mail-abuse.org||The Mail Abuse Prevention System|
|www.abuse.net||The Network Abuse Clearing House|
|www.cauce.org||The Coalition Against Unsolicited Commercial E-mail|
|www.spamcon.org||SpamCon Foundation Law Center|
|www.spamcop.net||Spam Reporting Service and other resources|
|Read the text of the USA CAN-SPAM Act of 2003|
Responding to SPAM Complaints
If LegalTelligence LLC., or any of our technology partners, including Data Center Facilities or Internet Service Providers, receive complaints about UCE or SPAM directly related to your use of our service, or email invitations for your surveys hosted by us, regardless of the source of your email list, we reserve the right to immediately suspend your account while we investigate. If we feel the complaints are legitimate, or if you do not cooperate with our investigation, we reserve the right to immediately close your account without refund. If you are using a legitimate email list but have concerns that some participants may unwittingly report your email as SPAM when in fact it is not, please contact us in advance.
If you use LegalTelligence LLC., to send any emails that are not 100% business communications, invitations to a survey or questionnaire hosted by us, we reserve the right to immediately and permanently close your account without refund. We will also charge you for all costs associated with investigating and prosecuting you for misuse of our products and services.
NOTICE: Sending unsolicited email advertisements to or through LegalTelligence LLC., computer systems will use or cause to be used LegalTelligence LLC., dedicated servers located in the USA and UK. Any unauthorized use of LegalTelligence LLC., computer systems is a violation of the LegalTelligence LLC., Terms of Service, Spam Policy, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Believe You Have Been Spammed?
Please forward a copy of the unsolicited email to Customer Service and provide any other information that you believe may help us in our investigation.
LegalTelligence LLC., takes SPAM prevention very seriously. Thank you for reviewing our Spam Policy.
LegalTelligence Terms & Conditions: Revised and updated May 1 2012 – Superceding all existing Terms & Conditions in force.
If a project requires additional conceptual, strategic, or design work, or revisions not included in this proposal, client will be charged $275.00 an hour. All scheduled payments must be received by the first of every month or a late fee of 5% will apply. If the account is past 30 days, LegalTelligence reserves the right to suspend the website(s) and/or video(s) and all financed products, on 60 days or more of inaction on behalf of the client and/or after 60 days of non-payment the site(s) and/or video(s) and/or domain names and/or financed products will be permanently terminated and the website(s)and or video(s) shutdown. Most websites are complete within 6-8 weeks.
Security updates and any associated costs to client websites are not covered by the initial client agreement or monthly hosting fees. A separate one-time fee will be charged for any vital security requirements.
If client chooses to pay half the agreed upon amount upfront and the balance upon completion of the site, the balance must be paid within 90 days of the date on the agreement regardless of site completion. If payment is not received or if mutually agreeable payment arrangements cannot be made, LegalTelligence reserves the right to forward any and all unpaid balances to our collection agency to procure payment on our behalf. If collection is required, client will forfeit all rights of ownership to all disputed products. Client must provide all required information to LegalTelligence, LLC within 60 days of date of the contract; videos must be completed within 30 days of date of contract. This includes all revisions. Revisions made after 60 days will be subject to additional charges.
WARRANTY AND LIABILITY DISCLAIMER
1. Subject to Buyer providing the data as specified herein and such other data as deemed reasonably necessary by Seller and communicated to Buyer, Seller agrees to build the web sites for Buyer as set forth on herein and to have such web sites on line through Seller’s hosting server not later than the date specified.
2. Seller agrees to produce and maintain, at Seller’s expense, backup data for all websites created for the account of Buyer, sufficient to re create the web sites in the event the hosting server or other serving equipment becomes corrupted.
3. Seller agrees that in the event one or more of the websites being provided to Buyer are not completed on time, or are not activated or go off line for any reason, Seller will undertake best efforts to restore service to Buyer as soon as practicable, at its own expense, and to utilize backup data as necessary for this purpose.
4. In consideration of the warranty rights provided above, and in recognition that the prices being charged by Seller are based in part upon the limited warranty and liability disclaimer as agreed to herein, Buyer and Seller expressly agree as follows:
5. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, SELLER HEREBY DISCLAIMS, AND BUYER HEREBY WAIVES, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW: (a) ALL WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES OF THE SELLER AND ALL RIGHTS, CLAIMS AND REMEDIES OF THE BUYER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY SERVICE OR PRODUCT SOLD OR DEEMED TO HAVE BEEN SOLD TO ANY PERSON OR ENTITY USING THE SERVICES OF SELLER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, (b) ANY OBLIGATION OR LIABILITY OF THE SELLER OR ANY RIGHT, CLAIM OR REMEDY OF THE BUYER, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, WHETHER OR NOT ARISING FROM NEGLIGENCE ON THE PART OF SELLER OR ANY PERSON OR ENTITY ENGAGED BY SELLER AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING ANY CLAIM FOR BREACH OF WARRANTY OR STRICT LIABILITY; AND (c) ANY OBLIGATION OR LIABILITY OF THE SELLER OR ANY RIGHT, CLAIM OR REMEDY OF THE BUYER FOR ANY DAMAGES ARISING, DIRECTLY OR INDIRECTLY, FROM BUYER’S USE OF SELLER’S SERVICES OR THE NON AVAILABILITY OF SUCH SERVICES, OR ANY DELAY IN PROVIDING SUCH SERVICES, INCLUDING ANY ACTUAL OR CLAIMED DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, RESULTING THEREFROM.
6. THE PROVISIONS OF THIS LIABILITY DISCLAIMER SHALL INURE TO THE BENEFIT OF THE OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS OF SELLER, AS WELL AS THE OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS AND AGENTS OF SELLER’S INDEPENDENT CONTRACTORS.
7. IF ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE OR UNENFORCEABLE, THE REMAINDER OF THIS LIABILITY DISCLAIMER SHALL REMAIN IN FULL FORCE AND EFFECT. 14. Due to the nature of search engines and particularly Google’s ever CHANGING ALGOrythyms, LEGALTELLIGENCE’S clients rankings may vary. LEGALTELLIGENCE, LLC IS NOT RESPONSIBLE FOR THE 1ST PAGE POSITIONS OR BUSINESS GAINED OR LOST ON THE INTERNET.
8. NOTE: UPON SIGNING OF THIS AGREEMENT, CLIENT HAS 30 DAYS IN WHICH TO FINALIZE THE VIDEO SCRIPT AND MAKE HIMSELF/HERSELF AVAILABLE FOR FILMING OF THE PROJECT. IF FILMING HAS NOT BEEN COMPLETED BECAUSE OF CLIENT DELAYS, DEPOSIT SHALL BE RETAINED.
9. All products are to be hosted by LegalTelligence, LLC. All products requiring passwords are secured by LegalTelligence and will not be released to the buyer until contracted balance is paid in full. If client wishes to host elsewhere, a $550 transfer fee will apply per site. Upon receipt of transfer fee, client will be provided a DVD with all information needed to complete the transfer. All references to LegalTelligence, LLC will be removed from the site prior to receipt of the DVD. Upon successful transfer, under no circumstance will references to LegalTelligence be allowed to be displayed on any/all web properties not limited to, but including blogs, videos and social networking mediums.
10. Pertaining to LegalTelligence products, LegalTelligence, LLC does not engage or consult with other vendors nor disclose trade secrets under any circumstance.
11. If a mutually beneficial working relationship cannot be maintained, LegalTelligence reserves the right to terminate said relationship.
12. All websites built by LegalTelligence, LLC will display Powered by LegalTelligence, or Integration by LegalTelligence, or SEM and Integration by LegalTelligence, or similar.
13. No refunds or credits are given by LegalTelligence.
DISPUTE RESOLUTION PROCEDURE
1) It is contemplated that the relationship between BUYER and SELLER shall be mutually beneficial, unmarred by any disputes. In the event of any dispute as to the terms and conditions of this Agreement or any performance due under this Agreement, the parties will attempt in good faith to resolve this dispute through informal negotiations. Should such negotiations fail to resolve the dispute, and then such dispute shall be resolved through Arbitration conducted in Orange County California under California law before a single mutually agreeable arbitrator at either Judicate West or JAMS.
2) The award of the Arbitrator shall be final, binding and non appealable and may be enforced by a Judgment entered in the Los Angeles Superior Court. Buyer and Seller agree that the Arbitration Award may be filed with the Court and a Judgment entered thereon. Both parties agree to submit to the jurisdiction of the Los Angeles Superior Court for purposes of such a judgment.
3) The parties shall each pay for one half of the costs and expenses of the Arbitration, including but not limited to the fees of the Arbitrator and the expenses for the Arbitration Room. However, as part of the Arbitration Award, the prevailing party shall be entitled to recover the costs and expenses of the Arbitration, plus an award of attorney fees and expenses incurred in the Arbitration, to be supported by Declarations of counsel submitted prior to the submission of the dispute to the Arbitrator.
LegalTelligence: PRESS RELEASE TERMS OF SERVICE BETWEEN USER AND LegalTelligence LLC and all affiliated agencies.
The following Terms and Conditions constitute an Agreement (hereinafter called “Agreement”) between LegalTelligence LLC and all affiliated agencies”, (“LegalTelligence LLC and all affiliated agencies, having its principal location of business in Los Angeles, California, USA and you the “USER”).
1. Through your registration for service, submission of copy and/or other information to LegalTelligence LLC and all affiliated agencies, USER is in agreement to following Conditions and Terms of Service.
2. Services may be withheld from accounts that are overdue LegalTelligence LLC and all affiliated agencies Marketing “Company” reserves the right to deny our service to any company, entity or person.
3. You acknowledge and understand that LegalTelligence LLC and all affiliated agencies, the “Company” services are non refundable under any circumstances.
4. USER understands and acknowledges and agrees that LegalTelligence LLC and all affiliated agencies the “Company” does not and will not accept press releases for pornographic materials, illegal activity, press that promotes hatred, violence, prejudism, terrorism or anything we deem that the majority of the public would feel is unethical.
5. LegalTelligence LLC and all affiliated agencies the “Company” will not be held liable for services that may not be completed due to complications or failure with third party affiliates equipment or services including transfer of xml information.
6. LegalTelligence LLC and all affiliated agencies the “Company” , makes every attempt to disseminate in full, promptly and accurately all news and information received by USER. Any inadvertent errors by LegalTelligence LLC and all affiliated agencies will be corrected promptly upon notification or discovery, with no additional charge. This obligation to correct the error shall constitute the sole liability of LegalTelligence LLC and all affiliated agencies, the “Company”.
7. USER is responsible for the approval, content and accuracy of all news copy and other information submitted by USER. Due to the volume of news, information and copy submitted to LegalTelligence LLC and all affiliated agencies cannot and will not be responsible for verifying any facts contained therein. USER represents and warrants to LegalTelligence LLC and all affiliated agencies, the “Company” that (i) it has the right to deliver to LegalTelligence LLC and all affiliated agencies” Company” all information and copy submitted to it, (ii) it will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, and (iii) no information or copy submitted by USER or on USERS behalf will contain any content that is libelous, slanderous, obscene or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person. USER shall indemnify and hold harmless LegalTelligence LLC and all affiliated agencies the “Companyî, and owners, third party vendors, including distributors, from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of copy and other information provided by USER or anyone acting on USER behalf.
8.LegalTelligence LLC and all affiliated agencies, the “Company” has the right to deny or edit copy or other information as it sees necessary. LegalTelligence LLC and all affiliated agencies the “Company” LegalTelligence LLC and all affiliated agencies at its sole discretion, has the right to delete any press release from its web site, pull any press release from dissemination or deny approval to any press release.
9. LegalTelligence LLC and all affiliated agencies the “Company” does not promote any offers to buy or sell any securities.
10. All news releases and other information transmitted by LegalTelligence LLC and all affiliated agencies “Company” is mandatory to display contact name and phone number along with a identifiable source supplied by USER. This information ads legitimacy to the release by identifying who is responsible for the content. This information may not be the name of agency acting on behalf of USER.
11. LegalTelligence LLC and all affiliated agencies, the “Company” and does not warrant or guarantee that the services provided by LegalTelligence LLC and all affiliated agencies the “Companyî, will be error free, including delays, interruption in service, omissions, losses or defects, whether human or mechanical. LegalTelligence LLC and all affiliated agencies, the “Company” makes no warranties, expressed or implied, as to its services, including but not limited to any warranties of merchantability or suitability for print or broadcast. The liability of LegalTelligence LLC and all affiliated agencies, the “Company” and to USER shall be limited to the refund of the fees paid by USER if we fail to provide the services we provide and in no event will LegalTelligence LLC and all affiliated agencies. The “Company” or affiliates be liable for any indirect, consequential, special, exemplary or incidental damages.
12. LegalTelligence LLC and all affiliated agencies, the “Company” does not warrant or guarantee specific placement of any news release nor pick up on any news release on its wire or service, but will make available a news release to the appropriate media point on or through our web site and services through our web site where a reporter or editor may best be able to decide on usage.
13. You consent to receive communications from LegalTelligence LLC and all affiliated agencies concerning your use of the Products and Services (“Communications”). These communications may include those required, by law to send to you concerning Products and Services or (“Required Communications”). The Communications may also be those that LegalTelligence LLC and all affiliated agencies the “Company” sends to you for other reasons. You consent to receive Communications electronically. You also give consent to receive Communications by other methods including telephone and postal mail.
15. User agrees that they have full written permission from any companies mentioned in their press release other than their own. User also agrees they have full written permission from anyone else’s name mentioned in their press release other than their own.
16. User acknowledges that they will not submit a press release mentioning the ticker symbol of another company that trades publicly without the express written permission of an immediate director/owner. Failure not to forward this written permission via fax to 24-7pressrelease.com may result in the removal of ticker symbol information.
17. Nothing within any of the Products and Services shall be construed conferring any license under LegalTelligence LLC and all affiliated agencies or any third party intellectual property rights, whether by implication, waiver, estoppels or otherwise. Without limiting the generality of the foregoing, USER acknowledges and agrees that certain content available through and used to operate the LegalTelligence LLC and all affiliated agencies website and Products and Services is protected by copyright, trademark, patent or other proprietary rights of LegalTelligence LLC and all affiliated agencies the “Company”, and its affiliates, licensors and service providers. Unless expressly provided to the contrary, you are in agreement that you may not modify, deface, alter any of the trademarks, service marks or other intellectual property made available by, LegalTelligence LLC and all affiliated agencies the “Company” in connection with the Products and Services. You also agree not to display yourself or web site as being in any way affiliated with, endorsed by or sponsored by LegalTelligence LLC and all affiliated agencies the “Company”.
18. You agree not to use any of the service marks, trademarks logos or other Content accessible through the LegalTelligence LLC and all affiliated agencies network for any purpose other than the purpose for which such Content is made available to users by LegalTelligence LLC and all affiliated agencies the “Company” You are in agreement not to defame or disparage LegalTelligence LLC and all affiliated agencies, trademarks or service marks of LegalTelligence LLC and all affiliated agencies, the “Company” of any part of the Products and Services. Information, services, methods and processes made available to the USER are the intellectual property of LegalTelligence LLC and all affiliated agencies. The “Company”. You agree to use this service for its intended purpose and not for the sole purposes including, but not limited to, the reverse engineering of the site and / or its processes and the inclusion of such processes or services in a derivative service.
19. LegalTelligence LLC and all affiliated agencies does not a will not guarantee search results within any search engine. Although LegalTelligence LLC and all affiliated agencies do what it can to assist with your rankings, we do not guarantee search results.
20. User acknowledges and agrees that user will not submit a press release that mentions a publicly traded company, or their ticker symbol, in a way that it could potentially affect the trading price of their stock.
21. In the event that users press release is not accepted, LegalTelligence LLC and all affiliated agencies the “Company” will not be held liable for any possible or potential missed business opportunities.
22. User acknowledges that a free press release may receive limited or no distribution. In the even that a free press release is required to be cancelled, deleted, or retracted, LegalTelligence LLC and all affiliated agencies. The “Company” does not guarantee that your press release can be retracted from web sites that your press release has been distributed to, or journalists that have been emailed your story.
23. You acknowledge and agree that you and LegalTelligence LLC and all affiliated agencies are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
24. Should the Terms and Conditions be violated by you, or if you violate any other rights of LegalTelligence LLC and all affiliated agencies the “Company” and network of sites, the “Company” reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the LegalTelligence LLC and all affiliated agencies network web sites.
25. These terms and conditions may be updated or revised from time to time, so you may want to check for updates if you access www.LegalTelligence.com website in the future.