Blog

NYDEFENSE.COM and its subsidiaries and corporate affiliates (collectively, “our,” “us,” or “we”) operate websites, provide products and services through mobile and other applications, and develop software that are governed, as applicable, by our terms of use (our “TOU”). Certain terms used in this document have the meanings set forth in our TOU. These supplemental terms (the “Supplemental Terms of Use” or this “Supplemental TOU”) apply to our sites and services related to the legal industry and are incorporated into our TOU. If there is any conflict between this Supplemental TOU and our TOU, this Supplemental TOU will control. This Supplemental TOU does not apply to those sites and services that do not display or link to this Supplemental TOU, or that have their own supplemental terms of use. By using our sites and services, you are a “user” and you accept and agree to our TOU and this Supplemental TOU as a legal contract between you and us. It is your responsibility to review this Supplemental TOU and our TOU. If at any time you find the TOU or Supplemental TOU unacceptable or if you do not agree, please do not use our sites and services. We may revise this Supplemental TOU at any time and without notice to you.

Generally

Our sites and services provide access to independent attorneys, self-help services, including general information related to the law, and lawyers designed to help users safely cope with their own legal needs. Our sites and services also provide services to lawyers and other legal professionals.

We are not lawyers or a law firm and we do not provide legal, business or tax advice.None of our representatives are lawyers and they also do not provide legal, business or tax advice. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our sites and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal, business or tax advice.

We strive to keep our content and documents accurate, current and up-to date. However, because the law changes rapidly, we cannot guarantee that all of the information on the site and services is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. Furthermore, the legal information contained on the site and services is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

Our sites and services are not intended to create any attorney-client relationship, and your use of our sites and services does not and will not in any circumstance create an attorney-client relationship between you and us. We are not a lawyer referral service and the sites and services and other resources and information are for personal use only.

Lawyer Services for Users

Our sites and services offer you several ways to identify and locate an attorney (or other legal services), including advertisements for lawyers, a searchable directory of lawyers and law firms, or third-party legal referral systems (collectively, “lawyer services”). The decision to retain an attorney is an important one, and one that you must make carefully based on your own judgment and evaluation of that attorney. If you are using the lawyer services you should read the following terms and conditions below. If you disagree with these terms and conditions, please do not use the lawyer services.

• At no time is an attorney-client relationship fostered or created with us through the performance of any such lawyer services.
• Our sites and services are only one source of information among the many sources that are available to you. You may wish to consider multiple sources in order to make an informed attorney selection decision.
• You understand any attorney listings or directories are provided by third parties and may contain inaccurate, incomplete or outdated information. You must independently verify the accuracy of any information you obtain from our sites and services.
• We will never refer you to a specific attorney or service. You are solely responsible for making a selection of an attorney or other service and determining whether the information you obtain through your use of our sites is suitable for your purposes. Any agreements regarding legal services or fees must be done outside the scope of our sites and are strictly between the user and the third party and do not involve us in any way. We do not receive any portion of any attorney’s or law firm’s fees. We are not involved in or responsible for any transactions that might occur, and we do not guarantee that such transactions will occur.
• The release and security of any sensitive or confidential information transmitted by you to any attorney or service is your sole responsibility.
• We do not endorse any particular attorney or legal service and make no representation, guarantee or warranty (express or implied) as to the legal ability, competence, quality, or reliability of any legal services provided by any of these lawyer services.
• We cannot perform a check for conflicts of interest between you and an attorney provided by a lawyer service.
• When using lawyer services, you may be required to provide some personal information such as name, address, email address, or telephone number. If provided, you grant us a worldwide, royalty-free, non-exclusive and fully sublicensable license to use, distribute, reproduce modify, publish and translate personal information solely for the purpose of enabling your use of the lawyers services. We have no control and make no representations as to the use of personal information provided to third-party lawyer services advertising on our sites. For information on these privacy practices, contact the lawyer service for their terms of use and privacy policies.
• The term “experience” or “experienced” as used on the site and services is not intended to be a comparison to any other attorney.s services or qualifications.
• If you use lawyer services, you agree that: IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LAWYER SERVICES OR FOR ANY ADVICE, INFORMATION OR SERVICES PROVIDED TO YOU BY ANY ATTORNEY WITH WHOM YOU MAY MAKE CONTACT THROUGH OUR SITES AND SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.
• You also should be aware that certain states and jurisdictions have special rules relating to legal services. You should contact your state or local jurisdiction for more information.  While not intending to be exhaustive, please note the following additional state-specific attorney advertising disclosures if you live in the following states:
  • Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
  • Colorado: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Colorado does not certify lawyers as specialists in any field.
  • Florida: Florida Rule of Professional Conduct 4-7.10(c) defines a lawyer referral service as “(1) any person, group of persons, association, organization, or entity that receives a fee or charge for referring or causing the direct or indirect referral of a potential client to a lawyer drawn from any specific group or panel of lawyers; or (2) any group or pooled advertising program operated by any person, group of persons, association, organization, or entity wherein the legal services advertisements utilize a common telephone number and potential clients are then referred only to lawyers or law firms participating in the group or pooled advertising program.” For purposes of the Florida Rules of Professional Conduct only (the “Florida Rules”), our sites may be deemed a lawyer referral service as defined in the Florida Rules. Rule 4-7.10(a)(10) requires that all lawyer referral services (as defined in the Florida Rules) must affirmatively state in all advertisements that it is a lawyer referral service. For those reasons, for purposes of the Florida Rules only, our sites are a lawyer referral service and any statements in the Terms and Conditions to the contrary are inapplicable in Florida.
  • Iowa: No representation is made regarding the quality of legal services that have been or will be performed.
  • Minnesota: Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.
  • Missouri: The choice of a lawyer is an important decision and should not be based solely upon advertisements.
  • Nebraska: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.
  • New Mexico: Past successes cannot be an assurance of future success because each matter must be decided on its own merits.
  • New York: Prior results do not guarantee a similar outcome.
  • Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert.
  • South Dakota: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past successes cannot be an assurance of future success because each matter must be decided on its own merits. Any customer review on this web-site does not constitute a guaranty, warranty, or prediction regarding the outcome of your legal matter.
  • Utah: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past successes cannot be an assurance of future success because each matter must be decided on its own merits.
  • Wyoming: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

Self-help Services.

Our sites and services offer you ways to access legal information and handle legal matters yourself with do-it-yourself products and services (the “self-help services”). If you are using the self-help services, you should read the terms and conditions below. If you disagree with these terms and conditions, please do not use the self-help services.

Ownership. The sites and services are owned and operated by us. All right, title and interest in and to the materials provided on the site and services, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by us or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by us, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the site or services shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. We do not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by us. Any rights not expressly granted herein are reserved by us.

Limited Permission to Download. We grant you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of the TOU or Supplemental TOU. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on the sites and services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

License to Use. We grant you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without our express written consent.

The self-help services are provided on an “as-is” basis without any warranties of any kind. Any data and information you enter into any forms, products or services will appear exactly as entered by you in any such documents, products or services that you order through the self-help services. You are solely responsible for providing current, accurate, complete and adequate data and information, and verifying the currentness, accuracy, completeness and adequacy of any data and information provided, through the self-help services. We do not and will not verify or correct any data or information provided by you through the self-help services. We will not replace or exchange any products or services or provide any refunds for any products or services (1) purchased by you which include any non-current, inaccurate, incomplete, or inadequate data or information or (2) purchased by you based on non-current, inaccurate, incomplete, or inadequate data or information provided by you through the self-help services.

Notwithstanding the TOU, certain self-help services may require you to enter personal, confidential or proprietary information of a third party. You represent and warrant that you have (1) obtained all rights, licenses or other permissions from any third party necessary to use the self-help services and to grant the rights to us to use such information pursuant to the TOU, and (2) that your use of any third party personal, confidential or proprietary information does not and will not violate any privacy, intellectual property rights or any other rights of any third party.

Links to Third Party Sites. Our site and services may contain links to websites controlled by parties other than us (each a “Third Party Site”). We work with a number of partners and affiliates whose sites are linked with our sites and services. We may also provide links to other citations or resources with whom it is not affiliated. We are not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites. We not responsible for webcasting or any other form of transmission received from any Third Party Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third Party Site, nor does it imply that we sponsor, are affiliated or associated with, guarantee, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Intellectual Property Applications. As part of an order for certain trademark and provisional patent products, you may be required to submit materials to us . such as specimens, drawings, or copies of your work . in order for us to complete your order and submit your document(s) to the relevant government office. Furthermore, you understand that while we may retain digital copies of your submission, we do not retain physical copies of my submissions and will not return those materials.

(a) Trademark and Patent. By placing your order, you give us the express authority to file your application with the USPTO. You understand that you may be contacted by the USPTO for other information after my application has been filed.

(b) Trademark TEAS Electronic Filing and Communications. We may authorize the USPTO, on your behalf, to contact you at the email address you have provided in your order. You agree to submit documents and communications electronically using the USPTO TEAS system. You understand that if you fail to comply with these requirements, the USPTO may charge you an additional $50 processing fee per class and that we will not pay it on your behalf.

If you use the self-help services, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE SELF-HELP SERVICES OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE SELF-HELP SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

Attorney Ethics Notice; Rules.

If you are an attorney participating in any aspect of our sites or services, including but not limited to interactive areas, (a) you agree not to provide specific legal advice in any of your content and to draft content which is competent, appropriate, educational, and in accordance with your state bar.s attorney ethics requirements; (b) 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; (c) you agree to promptly notify us of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license; and (d) 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. We disclaim all responsibility for your compliance with these Rules. We highly recommend that you include a disclaimer regarding the aforementioned advertising and ethics issues. We will have no liability to you arising out of or related to your compliance or noncompliance with such laws and rules, or related to our inclusion or failure to include a disclaimer.

No Solicitation.

You will not distribute to any persons or entities identified via our site any content or material containing solicitations or advertising of any kind without our express prior written permission. Attorneys and law firms are prohibited from soliciting employment from prospective clients through our sites or any of its interactive features. In no event may any person or entity solicit any users with data retrieved from our sites.

Inquiries and Contact Term.

BY USING OUR SITES AND SERVICES OR ACCESSING, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO US VIA THE SITES AND SERVICES CONSTITUTES AN INQUIRY TO US, AND THAT WE OR OUR AFFILIATES MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

You authorize us to contact you by telephone at the number you have provided. Telephone calls may include prerecorded or artificial voice messages and calls using an automatic telephone dialing system. Your consent is not a condition of your purchase.

You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.

Last updated: December 5, 2015