I. Scope of Agreement and Acceptance of the Agreement
The Agreement constitutes the entire and only agreement between you and WAGE™ with respect to your use of the Site and WAGE™ Service, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Site and WAGE™ Service. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Site and/or WAGE™ Service in any manner or form whatsoever.
In addition, the Site and WAGE™ Service are not available to residents of the State of Virginia or where otherwise prohibited by applicable laws, rules, regulations or bar association ethical guidelines. If you reside in the State of Virginia, you are not authorized to use the Site and/or WAGE™ Service in any manner or form whatsoever
If you have any questions about any part of the Agreement, please contact us at: email@example.com.
WAGE™ is not a law firm or a lawyer referral service. The Site is a paid attorney advertising forum. As such, WAGE™ offers no legal advice, recommendations, mediation or counseling in connection with any legal matter, under any circumstances, and nothing we do and no element of the Site or WAGE™ Service should be construed as such. You should always check with your attorney, accountant and/or other advisors to be sure that any other advice, products and/or services offered by and through the Site and/or WAGE™ Service are appropriate for you. WAGE™ disclaims any and all liability for any loss, damage, or injury based on information directly or indirectly obtained through the Site and/or WAGE™ Service.
II. Non-Endorsement/Neutral Host Providing an Advertising Directory
The Site is an Internet forum that facilitates communication between Third Party Legal Professionals that pay to be associated with the Site, and potential users of associated Legal Services. The Site provides paid attorney advertising. WAGE™ does not sponsor, recommend or endorse any Third Party Legal Professionals featured on the Site and/or by and through the WAGE™ Service. WAGE™ does not provide attorney referral services.
WAGE™ does not guarantee that Users will successfully find legal representation through the WAGE™ Service. WAGE™ takes no position and offers no opinion on when or if an attorney-client relationship has been, or should be, formed. WAGE™ in no way endorses the content or legality of any responses, statements or promises made by Third Party Legal Professionals, Users or any other parties, on the Site or otherwise through the WAGE™ Service. Content and other information submitted or made available by Users and Third Party Legal Professionals is not verified or reviewed in any way before it appears on the Site or otherwise through the WAGE™ Service. WAGE™ does not warrant the validity or accuracy of any such content and information. Please use caution and common sense when using the Site and WAGE™ Service.
WAGE™ does not review the standing of any Third Party Legal Professionals with any regulatory authority or bar association. When considering employing a Third Party Legal Professional, Users should check that Third Party Legal Professional’s standing with the applicable state bar association. Therefore, WAGE™ makes no representation regarding the status, standing or ability of any Third Party Legal Professional. Users should make their own independent investigation and evaluation of any Third Party Legal Professional being considered. The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise or cost offered by any Third Party Legal Professional.
WAGE™ is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by any Third Party Legal Professionals featured on the Site and/or WAGE™ Service. Please be aware that no agency or board may have certified such Third Party Legal Professional as a specialist or expert in any indicated field of law practice. In addition, a Third Party Legal Professional claiming specialization is not necessarily any more expert or competent than other legal professionals. Users should make an independent investigation, confirm and verify all claims made by Third Party Legal Professionals. Users are encouraged to use caution when reviewing any information submitted by Third Party Legal Professionals.
WAGE™ does not involve itself in the agreements between Users and Third Party Legal Professionals or the actual provision of Legal Services in connection with the relationships created thereby. Therefore, WAGE™ does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Users or Third Party Legal Professionals. The User, and not WAGE™, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Legal Professionals that the User contacts via the WAGE™ Service.
III. Disclaimer of Attorney-Client Relationship
Any use of the WAGE™ Service by a User is not intended to, and will not create, an attorney-client relationship between any such User and WAGE™. Without limiting the foregoing, any information submitted to WAGE™ and/or any electronic or other communication sent to WAGE™ will not create an attorney-client relationship between the User and WAGE™.
IV. Modification of Agreement
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site and/or WAGE™ Service. By your continued use of the Site and/or WAGE™ Service, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for any updates and/or changes.
The Site and/or WAGE™ Service are available only to individuals that: (a) do not reside in the State of Virginia or where otherwise prohibited by applicable law, rules, regulations or bar association ethical guidelines; (b) are at least eighteen (18) years of age; and (c) can enter into legally binding contracts under applicable law.
VI. Description of the WAGE™ Service
Please be advised that the Registration Data submitted by you, and any and all other information provided by you to WAGE™ is not protected by the attorney-client privilege, and submitting this information does not create an attorney-client relationship.
Upon entering your Registration Data and clicking on the applicable submission button on the Site, you may be shown a list of all participating Third Party Legal Professionals that both practice in your designated geographic area, and the area of law requested, that you can choose to contact, or be contacted by, via the WAGE™ Service. Upon your request to contact, or be contacted by, any of the applicable Third Party Legal Professionals, WAGE™ will transfer all or some of your Registration Data to the applicable Third Party Legal Professional in connection with facilitating your request for Legal Services from same. Please be advised that selecting a Third Party Legal Professional to contact, or be contacted by, does not create an attorney-client relationship.
Where you complete the Site Questionnaire but fail to select a Third Party Legal Professional to contact, or be contacted by, WAGE™ reserves the right to follow up with you via e-mail and telephone in order to inquire as to the status of your request for Legal Services.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site and/or WAGE™ Service shall be subject to the Agreement. You understand and agree that WAGE™ is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, the WAGE™ Service, Legal Services or for any dispute between you and any Third Party Legal Professional. You understand and agree that WAGE™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any service offered by any Third Party Legal Professional. If WAGE™ terminates the Agreement for any reason, WAGE™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site and/or WAGE™ Service is your sole right and remedy with respect to any dispute with WAGE™. The Agreement only governs your use of the Site and WAGE™ Service.
You agree to indemnify and hold WAGE™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or WAGE™ Service; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Legal Professional, any other User or any other third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section VIII are for the benefit of WAGE™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
VIII. Communications and Other Data
WAGE™ is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption or any other reasons. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
IX. License Grant/Proprietary Rights
As a User, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and WAGE™ Service in accordance with the Agreement. WAGE™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by WAGE™, you may only use the Site and WAGE™ Service for your own personal use. No part of the Site or WAGE™ Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, WAGE™ Service and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Site and/or WAGE™ Service. You may not use the Site and/or WAGE™ Service in conjunction with any other third-party content. You may not exploit any aspect of the Site and/or WAGE™ Service for any commercial purposes not expressly permitted by WAGE™. You further agree to indemnify and hold harmless WAGE™ for your failure to comply with this Section IX. WAGE™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and/or WAGE™ Service. You may not take any action that imposes an unreasonable or disproportionately large load on the Site and/or WAGE™ Service infrastructure.
All material posted or made available by and through the Site and/or WAGE™ Service including, but not limited to, the design, selection, arrangement and coordination of the Site and/or WAGE™ Service, is owned or licensed by or to WAGE™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site and/or WAGE™ Service may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without WAGE’s™ prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Site, WAGE™ Service or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Site and/or WAGE™ Service by WAGE™ does not constitute a waiver of any right in such information and materials. WAGE™ reserves all rights not expressly granted in the Agreement. The “WAGE” and “Workers Advocacy Group Enterprises” names and logos are trademarks of WAGE™. All custom graphics, icons and service names are trademarks of WAGE™. All other trademarks are the property of their respective owners. The use of any WAGE™ trademark without WAGE’s™ express written consent is strictly prohibited.
X. Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties
THE SITE, WAGE™ SERVICE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WAGE™ MAKES NO WARRANTY THAT: (A) THE SITE, WAGE™ SERVICE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE SITE, WAGE™ SERVICE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR LEGAL SERVICES FROM ANY OF OUR THIRD PARTY LEGAL PROFESSIONALS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, WAGE™ SERVICE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE SITE, WAGE™ SERVICE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAGE™, ANY THIRD PARTY LEGAL PROFESSIONAL OR OTHERWISE THROUGH OR FROM THE SITE AND/OR WAGE™ SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WAGE™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WAGE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, WAGE™ SERVICE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE AND/OR WAGE™ SERVICE; (C) THE FAILURE TO QUALIFY FOR LEGAL SERVICES FROM ANY THIRD PARTY LEGAL PROFESSIONAL; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, WAGE™ SERVICE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE WAGE™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF WAGE™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, WAGE™ SERVICE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WAGE™. THE SITE, WAGE™ SERVICE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
XI. Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site, WAGE™ Service, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found at Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site at: Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against WAGE™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that WAGE™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
XII. Third Party Websites
The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, those owned and operated by Third Party Legal Professionals. Because WAGE™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that WAGE™ is not responsible for the availability of such third party websites and/or resources. Furthermore, WAGE™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
XIV. Legal Warning
Any attempt by any individual, whether or not a WAGE™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or WAGE™ Service, is a violation of criminal and civil law and WAGE™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
If WAGE™ fails to exercise or enforce any right or provision of the Agreement, that failure shall not be used to prove that WAGE™ has waived the right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.