SPEEDINGTICKETCOUNSELOR.COM TERMS & CONDITIONS OF USE
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. USE OF THIS SITE:
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Web site of SpeedingTicketCounselor.com or (the “Company”, “we” or “us”), located at www.SpeedingTicketCounselor.com (the “Site”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company, its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and the Company for violations of these Site Terms.
2. COPYRIGHT AND TRADEMARKS:
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, logos, designs, digital conversion articles, text, graphics, directories, guides, photographs, illustrations, images, reviews, opinions, information, trademarks, domain names, trade names, service marks, data, software, sound files, other files, the selection, arrangement, organization, and compilation thereof, as well as the and any other forms of intellectual property (collectively, the “Site Materials”) are the proprietary property of the Company, its licensors, affiliates, partners or others and are protected by U.S. and international copyright laws.
Unauthorized copying, reproduction, republishing, uploading, downloading, data mining or similar data gathering & extraction methods, posting, transmitting, duplicating or any other misuse of any of the materials is strictly prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content without Provider’s prior written permission. You may not use any metatags or any other “hidden text” utilizing SpeedingTicketCounselor.com or any other name, trademark or product or service name of the Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, and/or trademark of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. You may not use or otherwise export or re-export the Site or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America.
Please note that this provision only applies to site material and does not include materials found through linking to another site not owned by the company. Furthermore all government forms, applications, documents, content, and information accessed by you via hyperlinks from SpeedingTicketCounselor.com, that link to a government entity, are the property of the respective government entity. The Company makes no ownership claims to such government information.
You do not and cannot acquire any ownership rights to any materials viewed through this site without our express written permission, or the express written permission of the appropriate owner. The materials on this Site does not grant you any express or implied license to the materials, other than to view the materials for your personal information and education, and the presence of material on this site does not constitute a waiver of any of our rights to the materials. All rights in the materials, including any moral rights, are expressly reserved.
Copyright infringement is a serious offense. By viewing and then copying of any of the content of this site you will be considered a willful infringer under U.S. Copyright Law, which allows us to seek up to $150,000 per offense under United States Code, Title 17, Chapter 5, in addition to attorneys’ fees, costs and other relief.
3. NOT LEGAL ADVICE:
Content contained on or made available through the Site is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on the Site or materials linked from the Site is at your own risk. Neither the Company nor the Site is a lawyer referral service and the Content on this Site and other resources and information, is for personal use only. All users are encouraged to make their own independent investigation and evaluation of any information posted on the Site. Any agreements regarding legal services or fees must be done outside the scope of the Site and are strictly between the user and the third party and do not involve the Company in any way. The Company is not a law firm. The Company does not receive any portion of any attorney’s or law firm’s fees. Provider is not involved in or responsible for any transactions that might occur, and the Company does not guarantee that such transactions will occur. You are solely responsible for compliance with all laws, rules and regulations.
4. NO ATTORNEY-CLIENT RELATIONSHIP:
Information posted or made available on or through the Site, including without limitation any responses to any comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively “Legal Information”) is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. Any information contained on the Site or provided through the Services, is not an endorsement of any particular professional or guarantee of a professional’s quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such professional is involved. The information provided on this Site is intended to be a starting point to gather information about professional who may be suitable for your legal needs, but you should not rely solely on such information in deciding whether to hire any given professional. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any professionals you are considering hiring. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any professional you hire.
5. ATTORNEY ETHICS NOTICE/ RULES:
If you are an attorney participating in any aspect of this Website, a) you represent and warrant that you are an attorney in good standing with a license to practice law in at least one of the 50 United States of America or the District of Columbia, b) you agree to promptly notify the Company of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license, c) you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of attorney-client relationships, failure to maintain client confidences, unauthorized practice of law, and misrepresentations of fact. The Company disclaims all responsibility for your compliance with these Rules. The Company will have no liability to you arising out of or related to your compliance or noncompliance with such laws and rules.
6. PROFESSIONAL ADVERTISING AND COMMUNICATIONS:
It is solely the responsibility of professionals to ensure that any information or advertisements they post or place with SpeedingTicketCounselor.com (including without limitation any Professional Information), and any communications they may have with prospective clients through the Site and the Services, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
7. SUBSCRIPTION SERVICES:
SpeedingTicketCounselor.com offers optional Subscription Services including advertising. By selecting a Subscription Service you agree to pay SpeedingTicketCounselor the subscription or usage fees indicated for that service. Payments for subscription services will be charged on the day you subscribe and go into effect thirty (30) days after the first payment, and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the monthly recurring charge will be the then current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services other than advertising must be cancelled prior to your monthly renewal in order to avoid billing of the next month’s Subscription Service fee. For advertising services, SpeedingTicketCounselor must receive written notice of your cancellation at least thirty (30) days in advance of the monthly renewal date on which you wish to make the advertising campaign cancellation effective. All cancellations of advertising services must be received in writing by email or U.S. mail. Subscription Service fees are not prorated or refundable.
If your payment method fails or your account is past due, SpeedingTicketCounselor reserves the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services. You agree to submit any disputes regarding any charge to your account in writing to SpeedingTicketCounselor within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
8. THIRD PARTY AND AFFILIATED WEB SITES:
We have no control over, and no liability for any third party websites or materials, including advertisers. We have no control over the content and performance of these partner and affiliate sites and make no guarantees, representations or warranties about the accuracy, currency, content, competency, value, reliability, responsiveness or quality of information provided by such sites, or any products or services provided by such websites, any results that may be obtained from using such websites, the legality of the products or services provided by such sites, or the privacy or other practices of such websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Unless expressly so stated, the inclusion of a linked site is for your convenience only and is not intended and should not be construed as an endorsement or recommendation of the linked site or its content. If you decide to access any of the third party sites linked to this Site, including those that we recommend, you do so entirely at your own risk. Our recommendation does not constitute a guaranty or warranty of their services or products. The Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. The inclusion of a linked site of a governmental agency, including but not limited to any state motor vehicle department is also done for your convenience. Our linking to such a site should not be confused with the fact that we are a private, non governmental for profit business unrelated to such governmental agency or state motor vehicle department.
The Company and its affiliates disclaim any and all responsibility and liability for the accuracy, content, products, services or availability of information found on this site and on other websites that link to or from this site. The Company and its affiliates make no representations or warranties as to the security of any information, including, without limitation, information that you might be requested to give any third party web site. The Company is not responsible for any order, entry, fulfillment, payment processing, shipping, cancellations, returns or customer service concerning orders of products or services from web sites owned or operated by any third party. You agree not to hold SpeedingTicketCounselor liable for any loss, damage, cost or expense of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.
9. THIRD PARTY COMMUNICATIONS:
SpeedingTicketCounselor disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. SpeedingTickdtCounselor assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Site.
10. LINKING POLICY:
The content on this Site contain intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with the Company, this Site, or any affiliated websites or companies, or any intellectual property of the foregoing, nor may the link or a reference to the link include a false statement that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with the Company or this Site, or any affiliated websites or companies. You agree that you will not link to this Site from any source that is unlawful, abusive, indecent or obscene, or that promotes violence or illegal acts, or that contains expressions of racism, or that is libelous, defamatory, scandalous, inflammatory or otherwise inappropriate. Under no circumstances may you frame this Site or alter its intellectual property or content in any way. We are not responsible for the content of any website that may link to this Site.
The Site contains links to other web sites or resources. Although we maintain the right to edit or remove these links at any time, you acknowledge and agree that SpeedingTicketCounselor is not responsible or liable for, a) the availability or accuracy of such sites or resources; or b) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk.
11. NO SOLICITATION:
You shall not distribute to any persons or entities identified via the Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the Company. Attorneys and law firms are prohibited from soliciting employment from prospective clients through the Site or any of its interactive features. In no event may any person or entity solicit any users with data retrieved from this Site.
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site.
13. PRODUCTS AND SERVICES SOLD BY SpeedingTicketCounselor:
The products and services sold by SpeedingTicketCounselor on this Site are not substitute for legal or other professional advice. By purchasing products and/or services from SpeedingTicketCounselor.com, you understand that the Site offers products and/or services that may be found elsewhere for no or lesser cost. You agree not to hold SpeedingTicketCounselor liable for any loss, damage, cost or expense of any sort incurred as the result of products or services purchased on the Site.
14. REFUND POLICY:
SpeedingTicketCounselor will refund any products or services purchased from SpeedingTicketCounselor.com not including those purchased from SpeedingTicketCounselor's partners if the original purchaser requests the refund within 15 days of the purchase. SpeedingTicketCounselor.com specifically disclaims any guarantee of the efficacy or quality of the products or services sold by SpeedingTicketCounselor.com. All products or services are purchased on the Site are purchased and used at the risk of the purchaser. If you wish to request a refund or speak with Customer Service you may do so.
15. PROHIBITED ACTIONS:
We impose certain restrictions on your permissible use of this Site. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; b) attempting to probe, scan, or test the vulnerability of this Site, or any associated network or system, or to breach security or authentication measures without proper authorization; c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, flooding, spamming, mail bombing, or crashing; d) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; e) forging any TCP/IP packet header or any part of the header information of any e-mail; or f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability.
16. UNLAWFUL ACTIVITY:
17. REMEDIES FOR VIOLATIONS:
SpeedingTicketCounselor reserves the right to seek all remedies available at law and in equity for violations of these Site Terms, including but not limited to the right to block access from a particular Internet address to the Company’s Site and their features.
18. WARRANTY DISCLAIMER:
The Site and all services and information are provided on an “as is” and “as available” basis, and the Company expressly disclaims all warranties of any kind, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Use of the Site or services is at client’s sole risk. Specifically, but without limitation, the company does not represent or warrant, and disclaims any and all responsibility for any loss, injury, claim, liability, penalty or damage of any kind whatsoever resulting from, arising out of or in any way related to: a) any errors in or omissions from the site and its content, services, or any data, including, but not limited to, technical inaccuracies, not up to date information, or typographical errors; b) the unavailability or uninterrupted use of the site or any of the services; c) defects, viruses or other harmful components on the site or the server that maintains the site; d) any third party web sites or content therein directly or indirectly accessed through hyperlinks contained in the Site, including, but not limited to, any errors or omissions therefrom; and e) client’s use of the Site, or any services, or data. Furthermore, the company does not make any representation or warranty as to any results, economic or otherwise that may be obtained by use of the site, services, or any data. Some states do not allow the exclusion of implied warranties, thus the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state.
19. LIMITATION OF LIABILITY:
In no event shall the Company or any of its corporate affiliates, independent contractors, service providers or consultants, or any of their respective directors, employees and agents, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to the outcome of legal matters, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with any use of the Site, the services, third party products or services, web sites linked to or from this Site, the content or the materials contained in or accessed through the Site, including without limitation any damages, loss or injury caused by or resulting from reliance by user on any information obtained from the Company or the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company’s records, programs or services. The aggregate liability of the Company, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of the Site or the Site Materials, shall not exceed any compensation you pay, if any, to company for access to or use of the Site or SpeedingTicketCounselor services.
Some states do not allow the limitation or exclusion of liability for certain damages, thus the above limitation or exclusion may not apply to you. You agree that you will not hold the Company or any related entity responsible for the selection or retention of, or any acts, errors, or omissions by, any third party in connection with this Site, third party products or services, or web sites linked to or from this Site, including, without limitation, third party service providers and advertisers, those with whom the Company contracts to operate various portions of this Site, and those to whom the Company provides links for content, advertising and/or any other type of data or information.
Any reliance upon any advice, opinion, statement or other information displayed or distributed through this Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, or other materials accessed through or obtained by means of this Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to Company, or any postings on the Site, are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
21. COMMENTS AND INQUIRIES:
Any responses from the Company to any inquiries are for information and educational purposes only and should not be interpreted as advice of any type.
22. NO GOVERNMENT AFFILIATION:
This Site is not owned or operated by, nor affiliated with any government agency, government department or other governmental entity. The information provided on this Site is for personal use only and has in no way been certified to be correct, audited, approved, edited, or regulated by any governmental entity or subject matter expert. This Site contains general information with respect to departments of motor vehicles guidelines. We do not claim any authority to act on behalf of, nor that we are endorsed, sponsored or sanctioned by, the Government.
23. GOVERNING LAW AND JURISDICTION:
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York (even if your use is outside of the State of New York), without resort to its conflict of law provisions. You hereby consent and submit that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Kings County, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. Any cause of action you may have with respect to your use of this Site must be commenced within three (3) months after the claim or cause of action arises, otherwise it will be forever waived and barred. The aforementioned choice of venue is intended to be mandatory and, not permissive, in nature.
24. MODIFICATION OF TERMS & CONDITIONS:
The Company reserves the right at any time and without notice, to add to, change, update or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any such change, update or modification will be effective immediately upon posting on the Site. Information we gather is subject to the Policy in effect at the time of use. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms. This Site Agreement and any modifications thereto are valid and binding upon you.
If a court of competent jurisdiction finds any term, condition, or provision in this Agreement to be unlawful, void or unenforceable, all other terms and conditions will remain unaffected and in full force, effect, validity and enforceability. No waiver of any breach of any provision of this Site Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Site Agreement, this Site Agreement shall take precedence.
You agree to indemnify, defend and hold the Company, its parents, subsidiaries, partners, affiliates independent contractors, service providers and consultants and its and their respective officers, directors, employees, agents, licensors, suppliers and representatives and any third party information providers to this Web Site harmless from and against all claims, losses, damages, liabilities expenses, damages, costs, any disclosure of information resulting from your use of the Site, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact, including but not limited to, reasonable attorneys’ fees, relating to or arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
Notwithstanding any of these Site Terms, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site. The Company reserves the right to refuse service to anyone for any reason at any time.
By accessing this Site or using the information or services available through this Site, you acknowledge that you have read this Site Agreement and agree to be bound thereby.