Terms & Conditions

Posted: December 2006

Please read the following terms of services and legal notices (referred to as "Agreement") carefully before using this web site (referred to as the "Site" or "Topusattorneys.com").

Any person accessing this Site to utilize any of the services it provides, including finding a professional, must accept the Terms and Conditions of this Agreement without change. These terms explain your (and our) rights under this Agreement and make disclosures as required by law. By using the Site, you give your consent to the terms of this Agreement. If you do not agree to these terms, you may not use this Site. Topusattorneys.com has the right, in our sole discretion, to modify, add or remove any terms or conditions of this Agreement without giving individual notice to you, by posting the changes on the Site. Your continuing use of the Site constitutes your acceptance of any such changes.

Your use of Topusattorneys.con constitutes your agreement to be bound by these terms and conditions.

This is a service made available by Topusattorneys.com and all content and information provided on and through the web site may be used solely under the following terms and conditions.

Background

This Site is a privately owned Internet homepage maintained by Topusattorneys.com. The primary goal of the Site is to serve as a resource for clients wanting to locate an attorney within the United States. The Site also provides users with the ability to submit information about their specific needs and request contact from the attorney of their choice by going directly to the attorney's web page. Topusattorneys.com does not receive any portion of any attorney's fees, and any contracts for representation that you make with any of the attorneys listed on the site are strictly between you and the lawyer of your choice. Topusattorneys.com charges a reasonable subscription fee to its listed attorneys to offset the cost and expense of maintaining this Site. Such costs and expenses include, but are not limited to, web marketing, site maintenance and administration.

Purpose

The materials and information provided on this Site are for informational purposes only and may not reflect current legal developments or variations in the law of different jurisdictions. Nothing on this Site should be construed as legal advice or used as a substitute for legal advice. Topusattornes.com only provides a information to find an attorney. The information on the Site is not guaranteed to be correct, complete or up to date. The Site is not intended to create an attorney-client relationship between you and Topusattorneys.com, or between you and any of the unaffiliated sponsoring attorneys, their law firms, partners, employees, agents, or affiliates, or any other attorney associated with this Site. In addition, receipt of email from or a "post" to the Site does not create an attorney-client relationship.

You should not act or rely on the basis of any information on the Site as the information contained on this Site is not a substitute for legal advice from an attorney. You should seek and retain an attorney and get specific advice about your situation.

1. Web site License.

As a user of this web site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the web site and its content in accordance with these Terms & Conditions. Topusattorneys.com may terminate this license at any time for any reason.

2. Limitations on Use.

The content on this web site is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this web site or its content. You may not 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 this web site or its content without Topusattorneys.com's prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit, public or private purposes any portion of the web site, except to the extent permitted above. You may not use or otherwise export or re-export the web site or any portion thereof, its content or any software available on or through the web site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Topusattorneys.com web site or its contents is prohibited.

3. Not Legal Advice.

Content contained on or made available through the Topusattorneys.com web site is not intended to and does not constitute legal advice and no attorney-client relationship is formed. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Your use of information on this web site or materials linked from the web site is at your own risk.

4 Preservation of Intellectual Property Rights

This Site and any necessary software used in connection with this Site may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for the limited license, Topusattorneys.com is granting you use of the web site. Nothing in these Terms and Conditions grants or should be construed to grant any licenses or rights in any way whatsoever including but not limited to, implied license, intellectual property rights, or copyrights. You agree that all rights, title and interest (including intellectual property rights, trademarks, copyrights, service marks, patents and any other intellectual property rights) in this Site and its content belongs to Topusattorneys.com as applicable. Nothing on this Site, including content, graphics, or logos may be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, without the express written consent of Topusattorneys.com. Except as authorized by express written consent, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the software, in whole or in part.

5. Linking to the Web site.

You may provide links only to the homepage of this web site, provided:

  1. You do not remove or obscure, by framing or otherwise, any portion of the homepage.
  2. You give Topusattorneys.com notice of such link by sending an email via the contact formular.
  3. You discontinue providing links to this web site if requested by Topusattorneys.com.

If you wish to provide links to a section within the web site, you should forward your request to mwest@Topusattorneys.com. Topusattorneys.com will notify you if permission is granted, and if so the terms and conditions of the permission.

6. No Solicitation.

Under no circumstances may any person or entity solicit any users with data retrieved from Topusattorneys.com. You may not solicit for commercial purposes any attorneys identified on Topusattorneys.com.

7. Advertising Attorneys.

This web site contains advertising and sponsorship. Advertising Attorneys and sponsors are responsible for ensuring that material submitted for inclusion on the web site is accurate and complies with applicable laws. Topusattorneys.com will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.

8. Errors and Corrections.

Topusattorneys.com does not represent or warrant that the web site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Topusattorneys.com does not warrant or represent that the information available on or through the web site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.

9. Third Party Content.

Third party content may appear on this web site or may be accessible via links from this web site. Topusattorneys.com is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from this web site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Topusattorneys.com.

10. Disclaimer.

The Web site is provided on an "as is" basis. Topusattorneys.com expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Provider disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to

  1. any errors in or omissions from this web site and the content, including but not limited to technical inaccuracies and typographical errors,
  2. any third party web sites or content therein directly or indirectly accessed through links in this web site, including but not limited to any errors in or omissions therefrom,
  3. the unavailability of the web site or any portion thereof,
  4. your use of this web site, or
  5. your use of any equipment or software in connection with the web site.

11. Limitation of Liability.

Topusattorneys.com shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the web site. Topusattorneys.com shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the web site or the content. To the extent the foregoing limitation of liability is prohibited.

12. Unlawful Activity.

Topusattorneys.com reserves the right to investigate complaints or reported violations of these Terms & Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

13. Remedies for Violations.

Topusattorneys.com reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions, including but not limited to the right to block access from a particular Internet address to the Topusattorneys.com's eeb sites and their features.

14. Governing Law and Jurisdiction.

These Terms & Conditions are governed by and construed in accordance with the laws of the State of Texas.

15. Severability of Provisions.

These Terms & Conditions incorporate by reference any notices contained on the web site constitute the entire agreement with respect to access to and use of the web site. If any provision of these Terms & Conditions is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

STATE SPECIFIC DISCLOSURES:

Alabama

Topusattorneys.com makes no representation that the quality of the legal services to be performed by it or by any of its sponsoring attorneys is greater than the quality of the legal services by other lawyers.

Alaska

The Alaska Bar Association does not endorse or accredit certifying organizations.

California

Please note that Topusattorneys.com is a private firm and is not affiliated with any government agency. Topusattorneys.com does not receive any funding from any government or not-for-profit foundation.

Florida

The hiring of an attorney is an important decision and that decision should not be based solely on advertising material. Before you decide to hire counsel to represent you, make sure you ask the attorney to send you free written information about their qalifications and experience.

Hawaii

The Supreme Court of Hawaii only grants certification to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.

Illinois

The Illinois Supreme Court does not recognize certifications of specialties in the practice of law. A certificate, award or recognition is not required to practice law in Illinois.

Iowa

The Supreme Court of Iowa requires the following disclosure: The choice of a lawyer and the determination of the need for legal assistance are extremely important decisions and should not be based on advertisements or self-proclaimed expertise.

Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a "specialist" or "expert" in a particular field of law. Such memberships, licenses or offices also do not necessarily mean that a lawyer is any more expert or competent than any other lawyer.

A description of limitation of practice does not mean that any agency or board has certified the lawyer as a specialist or expert in any indicated field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.

The Supreme Court of Iowa requires the following disclosure: All potential clients should make their own independent evaluation and investigation of any lawyer being considered for particular legal representation.

Massachusetts

The Commonwealth of Massachusetts does not certify lawyers in any particular field of law. If an attorney in Massachusetts indicates he/she is "certified" in a particular area of law, service, or field by a non-governmental body, the certifying organization is a private organization whose standards for certification are not regulated by the Commonwealth.

Mississippi

Background information on any Mississippi attorney is available free upon request to that attorney. Mississippi has no procedure for approving, certifying, or designating organizations and authorities.

Missouri

ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY THE MISSOURI RULES OF PROFESSIONAL CONDUCT, BUT ARE NEITHER SUBMITTED NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI.

Likewise, neither the Supreme Court nor the Missouri Bar reviews or approves certifying organizations or specialist designations in the field of law.

Nevada

Neither the State Bar of Nevada, nor any agency of the State Bar has certified any lawyer identified in this advertisement as a specialist or expert, except as indicated. Anyone considering hiring an attorney should independently investigate the lawyer's qualifications, credentials, and ability.

New Jersey

The Supreme Court of New Jersey recognizes certifications in some areas of legal practice. If a lawyer claims certification as a specialist or expert in a field of law or practice and does not specifically indicate that such certification has been granted by the Supreme Court of New Jersey or by an organization approved by the American Bar Association, then the user should understand that the claimed certification body has either not been approved or been denied certification by the Supreme Court of New Jersey and the American Bar Association.

New Mexico

LAWYER ADVERTISEMENT

Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that particular area of law.

Rhode Island

The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The Court does not license or certify any lawyer as an expert or specialist in any field of practice of law.

Tennessee

Tennessee recognizes Certifications of Specialization in the following areas of practice of law: Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning, and Family Law. Listing of related or included practice areas by a lawyer does not constitute or imply a representation of certification of specialization. No sponsors or attorneys listed on this site imply or represent that they hold a certificate of specialization other than where specifically indicated.

Texas

Sponsors and lawyers named on this Site are Not Certified by the Texas Board of Legal Specialization, unless otherwise specifically indicated.

Washington

The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any such certificate, award, or recognition is not required to practice law in the State of Washington.

Wyoming

The State Bar of the State of Wyoming does not certify any lawyer as a specialist or expert. Any person considering a lawyer for representation should independently investigate the lawyer's credentials, qualifications and ability and should not rely on advertisements or self-proclaimed expertise.

17. Choice of Forum

Any disputes arising out of or related to use of this Site, this agreement, and/or the relationship between the User and Topusattorneys.com shall be submitted for resolution to arbitration in San Antonio, Texas, in accordance with the rules and procedures of the American Arbitration Association.

18. Statute of Limitations

User agrees that regardless of any statute or law to the contrary, any claim or cause of action, or dispute arising out of or related to the use of this Site, this agreement and/or the relationship between User and Topusattorneys.com must be filed within one (1) year after such claim, cause of action, or dispute arose or such claim, dispute or cause of action shall be forever barred.

19. Waiver and Sever ability of Terms

Should Topusattorneys.com fail to enforce or exercise any of its rights or provisions of this Terms & Conditions shall not constitute a waiver of such rights or provisions. If any provision of this Terms & Conditions 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 the other provisions of this Terms & Conditions shall remain in full force and effect.

20. Attorney Ethics Notice

If User is an Attorney, or if you are a Sponsor participating in any aspect of this Site, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, misrepresentations of fact, and due diligence. Topusattorneys.com disclaims any and all responsibility for attorney's compliance with these rules.

The section titles and headings in this Terms & Conditions are for convenience and organizational purposes only and have no legal or contractual effect.

21. Entire Agreement and Modifications to Terms of Use.

These Terms & Conditions constitute the entire agreement between Topusattorneys.com and User and govern the use of this Site superseding any prior agreements between User and Topusattorneys.com. The Terms & Conditions constitute the entire agreement with respect to access to and use of the web site. User may also be subject to additional terms and conditions that may apply when User uses or purchases certain other services, affiliate services, third-party content, third party software or materials found on any "hyperlinks". You are responsible for regularly reviewing the Terms & Conditions. Continued use of the web site after any such changes constitutes your consent to such changes.