AVVO.COM
TERMS
AND CONDITIONS OF USE
Date of Last Revision: October 29, 2007
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING
OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND
DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF
THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply
exclusively to your access to, and use of, the Web site of Avvo, Inc.
("Company"), located at www.avvo.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 Company,
or 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 Company for violations of these Site Terms.
Company reserves the right to change 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 so le discretion. Any changes or
modification will be effective immediately upon posting of the
revisions on the Site. Your continued use of this Site following the
posting of its changes or modifications will constitute your
acceptance of such changes or modifications. Therefore, you should
frequently review these Site Terms and applicable policies from
time-to-time to understand the terms and conditions that apply to
your use of the Site. If you do not agree to the amended terms, you
must stop using the Site.
If you have any question regarding the use of the Site, please refer
first to the support
section. All other questions or comments about the
Site or its contents should be directed to customercare@avvo.com.
1. Privacy Policy
Please refer to our Privacy
Policy for information on how the company collects, uses
and discloses personally identifiable information from its users.
2. Consent to Receive Emails
By using the Site, you consent to receive emails from Avvo, which may
include commercial emails provided such emails are in accordance with
the preferences you select in the email and notifications page of the
My Account section of the Site. You may change such preferences by
changing your account settings on the email and notifications page of
the My Account section of the Site. Please note that as long as you
maintain an account, you may not "opt out" of receiving service or
account-related emails from Avvo.
3. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other
materials on the Site, including, without limitation, the Company
logo, and all designs, text, graphics, pictures, reviews,
information, data, software, sound files, other files and the
selection and arrangement thereof (collectively, the "Site
Materials") are the proprietary property of Company or its
licensors or users and are protected by U.S. and international
copyright laws.
You are granted a limited, non-sublicensable license to access and
use the Site and electronically copy, (except where prohibited
without a license) and print to hard copy portions of the Site
Materials for your informational, non-commercial and personal use
only Such license is subject to these Site Terms and does not include
or authorize: (a) any resale or commercial use of the Site or the
Site Materials therein; (b) the collection and use of any attorney
listings, pictures, profiles, ratings or descriptions; (c) the
distribution, public performance or public display of any Site
Materials, (d) modifying or otherwise making any derivative uses of
the Site and the Site Materials, or any portion thereof; (e) use of
any data mining, robots or similar data gathering or extraction
methods; (f) downloading (other than the page caching) of any portion
of the Site, the Site Materials or any information contained therein,
except as expressly permitted on the Site; or (g) any use of the Site
or the Site Materials other than for its intended purpose. Any use of
the Site or the Site Materials other than as specifically authorized
herein, without the prior written permission of Company, is strictly
prohibited and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws including without
limitation copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in
these Site Terms shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication or
otherwise. This license is revocable at any time.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and
other applicable law, Company has adopted a policy of terminating, in
appropriate circumstances and at Company's sole discretion,
subscribers or account holders who are deemed to be repeat
infringers. Company may also at its sole discretion limit access to
the Site and/or terminate the accounts of any users who infringe any
intellectual property rights of others, whether or not there is any
repeat infringement.
5. Copyright Complaints
If you believe that any material on the Site infringes upon any
copyright which you own or control, you may file a notification of
such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed
Infringement: Mark Britton
Full Address of Designated Agent to Which Notification Should be
Sent: 217 Pine Street, Suite 300, Seattle, WA 98101.
Telephone Number of Designated Agent: (206) 734-4111
Facsimile Number of Designated Agent: (206) 340-6040
E-Mail Address of Designated Agent: dmca@Avvo.com
We may give notice of a claim of copyright infringement to our users
by means of a general notice on the Site, electronic mail to a user's
email address in our records, or by written communication sent by
first-class mail to a user's address in our records.
6. Trademarks
Avvo, the Company logo and any other product or service name or
slogan contained in the Site are trademarks of Company and its
suppliers or licensors, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of Company or
the applicable trademark holder. You may not use any metatags or any
other "hidden text" utilizing "Avvo" or any other
name, trademark or product or service name of 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, trademark and/or trade dress of 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.
7. Hyperlinks
You are granted a limited, non-exclusive right to create a text
hyperlink to the Site for noncommercial purposes, provided such link
does not portray Company, any of its products and services, or any
attorney or legal service provider entity in a false, misleading,
derogatory or otherwise defamatory manner and provided further that
the linking site does not contain any adult or illegal material or
any material that is offensive, harassing or otherwise objectionable.
This limited right may be revoked at any time. You may not use a
Company logo or other proprietary graphic of Company to link to this
Site without the express written permission of Company. Further, you
may not use, frame or utilize framing techniques to enclose any
Company trademark, logo or other proprietary information, including
the images found at the Site, the content of any text or the
layout/design of any page or form contained on a page on the Site
without Company's express written consent. Except as noted above, you
are not conveyed any right or license by implication, estoppel or
otherwise in or under any patent, trademark, copyright or proprietary
right of Company or any third party.
Company makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of
third-party Web sites accessible by hyperlink from the Site, or Web
sites linking to the Site. Such sites are not under the control of
Company and Company is not responsible for the contents of any linked
site or any link contained in a linked site, or any review, changes
or updates to such sites. Company provides these links to you only as
a convenience, and the inclusion of any link does not imply
affiliation, endorsement or adoption by Company of any site or any
information contained therein. When you leave the Site, you should be
aware that our terms and policies no longer govern. You should review
the applicable terms and policies, including privacy and data
gathering practices, of any site to which you navigate from the Site.
8. NO LEGAL ADVICE
Information posted or made available on or through the Site, including
without limitation any responses to legal questions posted on Avvo
Answers and any other comments, opinions, recommendations, answers,
analysis, references, referrals or legally related content or information
(collectively "Legal Information") is not intended to constitute 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.
Company does not select, screen, approve, endorse or limit who can post
Legal Information, including those who contribute responses to Avvo Answers
("Contributors"). Designation as a Contributor at a particular level is
based solely on the number of contributions made and user ratings as to
helpfulness of such contributions and does not reflect any endorsement or
approval by Company. In addition, although we reserve the right to review,
remove or edit any content from the site, we do not routinely screen, monitor,
or review the content of any such Legal Information. As a result, we have no
control over and we do not warrant or guarantee the accuracy, adequacy,
applicability, completeness, currency or quality of any such Legal Information
or the qualifications of those posting Legal Information. AVVO SHALL HAVE NO
RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER
ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY
AT YOUR OWN RISK.
9. Disclaimers and Acknowledgements Regarding Use of Site
Information
THE SITE, THE SITE MATERIALS (INCLUDING ANY LEGAL INFORMATION) AND
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR
MATERIALS IN THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE
MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE
SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While Company endeavors to provide and to allow others to provide
useful information regarding attorneys, legal services and the law,
you acknowledge that such information is reliant upon third party
data and contributions, that there are certain inherent limitations
to the accuracy or currency of such information, that attorney and
other information may be incomplete or may contain inaccuracies
(including without limitation any interpretations and reviews of
such information and Site Materials, such as Avvo Ratings and Legal
Information), and that information on the Site may be outdated or
contain errors, omissions or misinterpretations of information. You
further acknowledge that an Avvo Rating and the other information
contained in an attorney's profile, such as descriptions of an
attorney's areas of practice (including percentages devoted to each),
and other data, summaries or descriptions on the Site, are based on
the data obtained by or submitted to Company, which may be incomplete
or inaccurate, and rely on automated interpretations of the information
gathered by or submitted to Company. An Avvo Rating reflects the Company's
assessment of a given attorney, based upon the information obtained
by or submitted to Company; someone else's assessment of the same
lawyer may be different or based upon different information. Neither
Avvo Ratings, Legal Information nor any of the other information contained
on the Site or provided through the Services, are an endorsement of any
particular attorney or are a guarantee of an attorney'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 a legal
matter handled by such attorney. The information provided on this
Site is intended to be a starting point to gather information about
legal issues and attorneys who may be suitable for your legal needs,
but you should not rely solely on such information in deciding whether
to hire an attorney or how to resolve a legal matter. 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 attorneys 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 attorney
you hire.
Additional information about Site Materials, the Services, the Avvo
Rating, Avvo Answers, the sources of information displayed on the Site, and other
important matters is contained within the Site itself, including in
the User
FAQ, Lawyer
FAQ; and Community Guidelines, and you acknowledge and agree that your use of
the Site, or of any information or features in or on the Site, is informed by and
subject not only to these Disclaimers and Site Terms but also by the
information and explanation available on these pages.
COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION
OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION
ATTORNEY PROFILE INFORMATION OR LEGAL INFORMATION. WHILE COMPANY ATTEMPTS
TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, COMPANY CANNOT AND DOES NOT
REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT
OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE
UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Company reserves the right to change any and all content contained in
the Site and any Services offered through the Site at any time
without notice. Reference to any attorneys, law firms, or other legal
service providers or organizations, educational institutions, courts,
associations, organizations, publications, licenses, accreditations,
ratings, evaluations, endorsements, reviews, products, services,
processes or other information, by name, trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any
affiliation therewith, by Company.
10. Limitation of Liability
IN NO EVENT SHALL 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, 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 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 COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE
AGGREGATE LIABILITY OF 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.
11. Third Party Content
Company or users may provide links to Web pages and content of third
parties as a service to those interested in such links and content,
and Company may post third party content or allow users to post their
content or third party content to the Site including without limitation
Legal Information (such content is collectively referred to as "Third Party
Content"). Company does not monitor or have any control over any Third Party
Content or third party Web sites. Company does not endorse or adopt any
Third Party Content or third party Website and can make no guarantee as to
its accuracy or completeness. Company does not represent or warrant the
accuracy of any information contained therein and undertakes no responsibility
to update or review any Third Party Content or third party Websites.
Users use these links, Third Party Content and third party Websites at their
own risk.
12. Third Party Services
The Site may also contain, provide information regarding or link to
certain applications and services provided or offered by third
parties (collectively the "Third-Party Services"),
including without limitation legal and legal related services.
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. Therefore, Company makes no guarantee, representation or
warranty of any kinds as to the quality, competency, value,
reliability, responsiveness, accuracy or completeness of any such
Third-Party Services or the results obtained therefrom, and Company
assumes no responsibility or liability for any Third Party Services
or for the actions or failure to act of those providing such
Third-Party Services. You assume full responsibility for your use of
any such Third-Party Services, and Company is not responsible or
liable for any Third-Party Services. Without limiting the generality
of the foregoing, imagery, information and services from Google Maps
is supplied by Google, Inc., and your use thereof is subject to the
applicable Google terms of use agreement. In addition, client ratings
are hosted by BazaarVoice, and your use thereof is subject to the
BazaarVoice terms of use agreement.
13. Advertisements and Promotions
Company may run advertisements and promotions from third parties on
the Site. 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.
14. Attorney Advertising and Communications
It is solely the responsibility of lawyers to ensure that any
information or advertisements they post or place on the Avvo website
(including without limitation any Legal Information), and any
communications they may have with prospective clients through the
Site and the Services, fully comply with all applicable 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.
15. Submissions
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.
16. User Posted Content & Other Interactive Services or
Areas
The Site includes areas in which users may post content and
information, including without limitation peer and client ratings and
reviews, messages, legal questions and answers, comments, data, text,
photos, graphics or other materials (the "User Content") and
may include other interactive areas or services in which you or third
parties may create, post, modify or store information, content, materials
or other items on the Site ("Interactive Areas"). You are
solely responsible for your use of such Interactive Areas and use
them at your own risk. By using any Interactive Areas, you agree to comply with the
Avvo Community Guidelines and you further agree not
to post, upload to, transmit, distribute, store, create or otherwise
publish through the Site any of the following:
-
User Content that is false, misleading, unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights,
abusive, inflammatory, fraudulent or otherwise objectionable,
including without limitation any recommendation, endorsement,
rating, or review of an attorney with whom you have not had direct,
personal experience in a professional legal context or as a client
of such attorney;
-
User Content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any
party, violate any applicable rules of professional conduct, or that
would otherwise create liability or violate any local, state,
national or international law;
-
User Content that may infringe any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any party.
By posting any User Content, you represent and warrant that you have
the lawful right to distribute and reproduce such User Content as
provided under these Site Terms;
-
User Content that impersonates any person or entity or otherwise
misrepresents your affiliation with a person or entity;
-
Unsolicited promotions, political campaigning, advertising or
solicitations, including without limitation any advertisements for
legal services, legal service providers, or lawyer referral
services;
-
Private or confidential information of any third party, including, without
limitation, addresses, phone numbers, email addresses, Social
Security numbers and credit card numbers;
-
Viruses, spyware, malware, corrupted data or other harmful,
disruptive or destructive files;
-
Any answers, responses, comments, opinions, analysis or recommendations
that you are not properly licensed or otherwise qualified to provide; and
-
User Content that, in the sole judgment of Company, is objectionable
or which restricts or inhibits any other person from using or
enjoying the Interactive Areas or the Site, or which may expose
Company or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User
Content posted, stored or uploaded by you or any third party, or for
any loss or damage thereto, nor is Company liable for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter. Your use of Interactive
Areas is at your own risk. As a provider of interactive services,
Company is not liable for any statements, representations, responses, comments or other User
Content provided by its users in any review, rating, forum, question, answer or other
Interactive Area. Although Company has no obligation to screen, edit
or monitor any of the User Content posted in any Interactive Area,
Company reserves the right, and has absolute discretion, to remove,
screen or edit any User Content posted or stored on the Site at any
time and for any reason without notice. Any use of the Interactive
Areas or other portions of the Site in violation of the foregoing
violates these Site Terms and may result in, among other things,
termination or suspension of your rights to use the Interactive Areas
and/or the Site.
If you post User Content to the Site, unless we indicate otherwise,
you grant Company and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such User Content throughout
the world in any media. You grant Company and its affiliates and
sublicensees the right to use the name that you submit in connection
with such User Content, if they choose. You represent and warrant
that (a) you own and control all of the rights to the User Content
that you post or you otherwise have the right to post such User
Content to the Site and to grant the rights granted herein; (b) the
User Content is accurate and not misleading; and (c) use and posting
of the User Content you supply does not violate these Site Terms and
will not violate any rights of or cause injury to any person or
entity.
17. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide
accurate, current and complete information about you as may be
prompted by any registration forms on the Site ("Registration
Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration
Data, and any other information you provide to Company, to keep it
accurate, current and complete; and (d) accept all risks of
unauthorized access to the Registration Data and any other
information you provide to Company. In addition, you agree not to
access or use, or attempt to access or use, the Site or any part
thereof using the identity or the Registration Data of any person
other than yourself.
18. Indemnification
You agree to defend, indemnify and hold harmless Company, its
corporate affiliates, independent contractors, service providers and
consultants, and each of their respective directors, employees and
agents, from and against any claims, damages, costs, liabilities and
expenses (including, but not limited to, reasonable attorneys' fees)
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.
19. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and
construed in accordance with the laws of the State of Washington
applicable to agreements made and to be entirely performed within the
State of Washington (even if your use is outside of the State of
Washington), without resort to its conflict of law provisions. You
agree that with respect to any disputes or claims not subject to
arbitration (as set forth below), 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 King County,
Washington and you hereby irrevocably and unconditionally consent and
submit to the exclusive jurisdiction of such courts.
20. Arbitration
You and Company agree that except as otherwise specifically provided
in this paragraph, any controversy or claim arising out of or
relating in any way to these Site Terms, or the breach thereof , or
to the Site and/or the Services shall be settled exclusively by
arbitration administered by the American Arbitration Association (the
"AAA") in accordance with its Commercial Arbitration Rules
and, in the case of consumer disputes, with the AAA's Supplementary
Procedures for Consumer Related Disputes (collectively, the "AAA
Rules"), and that judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction
thereof. Notwithstanding the foregoing, to the extent that either of
us has in any manner infringed upon or violated or threatened to
infringe upon or violate the other party's patent, copyright,
trademark or trade secret rights, or you have otherwise violated any
of the user conduct rules set forth in Section 141 above, then the
parties acknowledge that arbitration is not an adequate remedy at law
and that without waiving any remedy under these Site Terms,
injunctive or other appropriate relief may be sought from any court
specified in Section 175 (above). The place of arbitration and the
allocation of costs and fees for such arbitration shall be determined
in accordance with such AAA Rules. To the fullest extent permitted by
applicable law, no arbitration or claim shall be joined to any other
arbitration or claim, and no class arbitration proceedings shall be
permitted. In no event shall any claim, action or proceeding by you
related in any way to the Site be instituted more than two (2) years
after the cause of action arose. In the event that any term of this
Section 186 (Arbitration) is held to be in conflict with a mandatory
provision of applicable law, such conflicting term shall be modified
automatically to comply with such provision and the remainder of this
Section 186 shall not be affected.
21. Termination
Notwithstanding any of these
Site Terms, 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.
22. Severability
If any provision of these Site Terms shall be deemed unlawful, void
or for any reason unenforceable, then that provision shall be deemed
severable from these Site Terms and shall not affect the validity and
enforceability of any remaining provisions.
23. Questions & Contact Information
Questions or comments about the Site may be directed to Company at
the email address customercare@avvo.com or by calling us at (206)
734-4111.
