The following terms and conditions of use (the "Terms and Conditions") govern your use of www.attorneysinmotion.com. For purposes of this Agreement, "you" means the person using the Site or, if you are using the Site on behalf of your company, then "you" means your company, its officers, members, agents, successors and assigns. The Site is made available by Attorneys in Motion, Inc. (hereinafter, "Attorneys in Motion", "we", "us", “company” or "our").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE. IF YOU USE ANY SERVICES PROVIDED ON THE SITE, THEN ACCEPTANCE BY ATTORNEYS IN MOTION IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THESE TERMS AND CONDITIONS.
Users who simply browse the Site ("Guests"), may be able to browse a portion the Site, but not have complete Site access. Users of the Site, who register an account with us ("Client"), may be able to request information, submit comments, request appearances, pay for appearances, view appearance results and engage in other transactions and services on the Site. Guests, Client, Law Firms, Attorney of Record, Appearance Attorneys, Per Diem Attorneys, Courtesy Attorneys and Customers are collectively referred to herein as "Users".
Attorneys in Motion reserves the right, for any reason, in our sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the Site, including, but not limited to, content, features, hours of availability or equipment required for access. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
All Attorneys must have an active and eligible state bar status. Only Law Firms and Attorneys of record can schedule appearances. We do not appear for pro per or pro se cases. Once you create an account on the site you will receive login information, including a password that can be used to gain access to your account. When creating an account on the site, you agree to provide accurate and complete information. Clients are solely responsible for the activity that occurs on their accounts and, therefore, must keep their login information secure. Clients must notify Attorneys in Motion immediately of any breach of security or unauthorized use of their accounts.
Client can request appearances by creating and logging into account. Scheduling an appearance does NOT guarantee that we will be able to provide an appearance attorney for your hearing assignment and does not mean that we will be able cover your hearing. If you fail to provide sufficient information and/or necessary documents to the appearing attorney, you are fully liable for the outcome of the appearance. If an attorney confirms coverage of your hearing, but fails to appear, Attorneys in Motion is not liable for any damages or harm caused to the case and you agree to hold Attorneys in Motion harmless of such circumstances. Attorneys in Motion has contracts set in place with all appearance attorneys wherein, all appearance attorneys take on full liability for missed appearances. You MUST contact the appearance attorney for any fee, fines or sanctions that may have been caused as the result of an attorney’s missed appearance. We are merely an agency that sets attorneys in place for you and are not responsible for their behavior.
All services that require hourly rates will be billed at a 2 hour minimum. Other additional fees may include the following: Data storage fee for each appearance of $3.95, and rush fees set forth on the fee and service page. Some hearing fees will vary based on location. Fees are subject to change based on attorney availability and court location. You understand that our posted fees may not always apply. You also understand that in rare, but certain circumstances, we do have to reach out of our attorney network and hire outside attorneys to appear for you. In many of those instances, we are unable to hire appearing attorneys at our standard fee and unfortunately, must pass on that cost to you.
Standard flat rates are based on appearances that are not expected to exceed 1.5 hours of court time. In the event that an appearance exceeds 2 hours of time, we will automatically charge the card on file for every hour after the second hour at the appearance coverage rate for that geological location.
Attorneys in Motion has made it possible for our clients to request a specific attorney to appear on your behalf. If you make a request that a specific attorney appears on your behalf, you understand that the requested attorney may not be available to appear and we cannot guarantee that the requested attorney will appear on your behalf.
Your credit card account information is stored in a gateway provided and secured by Authorize.net. On top of that, Attorneys in Motion website is SSL certified and in full compliance of site security regulations. Additionally, you will not be charged until an appearance attorney has accepted the case. This means that once you have requested an appearance, by clicking the submit appearance tab, you are authorizing your credit card to be charged upon acceptance of the assignment.
Any cancellations must be made prior to 12 hours of the scheduled appearance. If the cancellation is not made prior to 12 hours of the scheduled hearing then a refund is NOT given.
Refunds are applied to your credit card if you cancel the appearance prior to 12 hours of the scheduled appearance. In the event that the appearance attorney fails to appear at an accepted assignment, you will be refunded your fees within 5 days of. If appearance attorney cancels assignment and Attorneys in Motion is unable to provide you with another appearance attorney, then credit card will be refunded within 5 days.
Attorneys in Motion works hard to hire only qualified attorneys, however it is possible that an attorney may not provide ideal service. You agree to hold Attorneys in Motion harmless from any liability in the event that the appearing attorney misses an appearance or does not do a good job. All appearance attorneys are independent contractors and are, by contract, liable for any consequences involved for missing an appearance, including paying fines, fees and/or sanctions, writing motions, paying filing fees and covering any costs lost to the firm and/or filing forms.
Our attorneys are hired as independent contractors and have all signed contracts that prohibit them from making appearances for our clients outside of our company. By scheduling appearances with our company you agree to the same terms and agree not to solicit appearance attorney services from our appearance/per diem attorneys at any time that they are under contract with our company. In the event that you do hire one of our attorneys to make appearances for you outside of our company, you will be liable for lost earnings on every appearance that you hired one of our contracted attorneys to make on your behalf.
The Site, all the content (including,
for example, audio, photographs, illustrations, graphics, video and software), code, data
and materials thereon, the look and feel, design and organization of the Site, and the
compilation of all of the foregoing on the Site (collectively, the "Content"), are protected
by U.S. and international copyright trademark and other laws. Attorneys in Motion and
its licensors own, solely and exclusively, all rights, title and interest in and to the Site, the
Content, including but not limited to all intellectual property and proprietary rights
therein. Your use of the Site and/or the Content does not grant to you ownership of any
Content you may access on the Site.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or in connection with Content made available through the Site are registered and unregistered Trademarks of Attorneys in Motion and its licensors and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by the Trademarks' right holders that are likely to cause customer confusion, or in any manner that disparages or discredits the Trademarks' right holders. All Trademarks not owned by Attorneys in Motion that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Attorneys in Motion or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site's services is strictly prohibited.
Attorneys in Motion grants you a limited, revocable, nonexclusive, non-transferable, personal license to access, display and copy the Content for personal, non-commercial use only, subject to and conditioned on your continued compliance with these Terms and Conditions. This license is granted solely to allow you to visit and display the Site and to use the services provided through the Site as permitted by applicable law and these Terms and Conditions. You agree not to remove, alter or obscure any proprietary notices provided in or with the Content or the Trademarks. All rights not expressly granted in these Terms and Conditions are reserved.
Except as expressly authorized by Attorneys in Motion on the Site or otherwise in writing, you may not (a) download, print, transmit, distribute, publish, broadcast, store or otherwise use any Content, in whole or in part, (b) exploit the Site in a promotional or commercial manner, (c) upload or transmit viruses, worms or other malicious code, (d) violate or infringe any law or regulation, including but not limited to laws regarding criminal activity, intellectual property and privacy, (e) interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Site, the proper working of the Site, security features of the Site, or the equipment connected to the Site, (f) impose an unreasonable or disproportionately large load on the infrastructure of the Site or Attorneys in Motion’s systems or networks, (g) create a database by downloading and storing the Content or any part thereof, (h) modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, (i) access or attempt to access the Site or collect or index information provided to Attorneys in Motion using any automated means, such as robots, spiders, scrapers, scripts, harvesting 'bots, or the similar means or equivalent manual processes, (j) reverse engineer, decompile or otherwise extract source code provided on or through the Site, and (k) solicit, trace or otherwise collect any information from Users. If you make any use of the Site or the Content other than as authorized hereby, you may violate copyright, patent, trademark and/or other laws of the United States and other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.
In the course of your use of the Site,
including Clients' use of services on or through the Site, you may be asked to provide
certain information to us. Our information collection and use policies with respect to the
incorporated herein by reference for all purposes. You acknowledge and agree that you
are solely responsible for the accuracy and content of all information you submit to us.
In the event that you submit or post any ideas, creative suggestions, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Attorneys in Motion without any compensation or credit to you whatsoever. Attorneys in Motion and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing and marketing products and services using such ideas.
The Site may provide certain areas for Clients to communicate with other Clients, including through messages, chats, online notifications and the like (the "Forums"). Attorneys in Motion does not endorse any content, material or information in the Forums and specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any material, content, information or other communication provided through a Forum. Attorneys in Motion reserves the right, but is not obligated to review messages in the Forums and is not responsible for the content of any Forum messages. Attorneys in Motion also reserves the right, but is not obligated to, delete, edit or remove a message, in whole or in part, posted to a Forum for any reason and to exclude any individual from using a Forum. Please be aware that when you post to a Forum, you may be disclosing certain information to others. To protect your safety, please use your best judgment when using the Forums and carefully consider the information that you disclose in the Forums. Attorneys in Motion reserves the right to cooperate with any law enforcement, court or government investigation or order requesting or directing Attorneys in Motion to disclose information posted to a Forum, or if Attorneys in Motion decides that such disclosure is in its' or its customers' or users' best interests.
You warrant and agree that, while using the Site, you shall not upload,
post or transmit to or distribute or otherwise publish through the Site any materials that:
(a) are protected by copyright, or other proprietary or intellectual property right, without
first obtaining permission from the proprietary or intellectual property rights holder; (b)
are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene,
libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of
sexual acts (including but not limited to sexual language of a violent or threatening nature
directed at another individual or group of individuals), invasive of another's privacy or
hateful; (c) restrict or inhibit any other user from using and enjoying the Site; (d)
constitute or encourage conduct that would constitute a criminal offense or give rise to
civil liability; or (e) contain a virus or other harmful component, or false or misleading
indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity or authorization to use the Site; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes, other than for your organization's internal use, except as expressly authorized by Attorneys in Motion on the Site or otherwise in writing; or (c) attempt to gain unauthorized access to other computer systems through the Site.
In addition to any remedies that Attorneys in Motion may have at law or in equity, if Attorneys in Motion reasonably determines that you have violated or are likely to violate these Terms and Conditions, Attorneys in Motion may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site. Attorneys in Motion will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Attorneys in Motion to disclose the identity of anyone posting such materials.
We may, from time to time, include promotions, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age or geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions rules.
The Site may contain information and content provided by third parties not related to Attorneys in Motion. Such third party information and content do not constitute or imply an endorsement, sponsorship, or recommendation by Attorneys in Motion of the third party or such information or content. You acknowledge and agree that Attorneys in Motion is not responsible for the availability of any such information or content and that Attorneys in Motion does not endorse or warrant, and is not responsible for, any such information or the content.
Except as expressly authorized by Attorneys in Motion on the Site or otherwise in writing, you shall not include a link from any other website to the Site. In the event that Attorneys in Motion expressly authorizes you to include a link from any other website to the Site, you agree that, unless otherwise authorized by Attorneys in Motion in writing, such link shall (a) open in a new browser window and shall link to the full version of an HTML formatted page of this Site, (b) not link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website, and (c) not link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.
Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.
As used in this Arbitration Provision, the term "Claim" means any claim,
dispute or controversy between you and us arising from or relating to any appearance
assignments or this Agreement as well as any related or prior agreement that you may
have had with us or the relationships resulting from this Agreement, including the
validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim"
includes claims of every kind and nature, including but not limited to initial claims,
counterclaims, cross-claims and third-party claims and claims based upon contract, tort,
fraud and other intentional torts, statutes, regulations, common law and equity. The term
"Claim" is to be given the broadest possible meaning that will be enforced and includes,
by way of example and without limitation, any claim, dispute or controversy that arises
from or relates to (i) your appearance assignments, (ii) the case information given by law
firm/attorney for assignment; and (iii) appearance results for assignments. We shall not
elect to use arbitration under the Arbitration Provision for any Claim that you properly
file and pursue in a small claims court of your state or municipality so long as the Claim
is individual and pending only in the court.
As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean Attorneys in Motion, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any third party using or providing service in connection with any appearance assignments (including, but not limited to law firms and/or attorneys who request and appearance assignments and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all persons or entities approved by us to have and/or use services, including but not limited to all persons or entities contractually obligated under any of the Agreements.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE JAMS OR AAA, AS APPLICABLE (THE "CODE"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR"S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public. The arbitrator"s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator"s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
(1) Any dispute, controversy or claim arising out of or relating in any way to your relationship with Attorneys in Motion (tm), including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of these Terms and Conditions and/or relating to payment for services rendered to any attorney or client of Attorneys in Motion (tm), or in any way connected with Attorneys in Motion (tm), shall be exclusively resolved as follows: (2) MEDIATION. The parties hereto shall first attempt to settle any and all disputes by mediation, administered by JAMS LLC under its then-effective Mediation Rules. Mediation shall occur at the JAMS office located in the Inland Empire of California. If either party submits a claim for relief before submitting a request for Mediation, then that party shall bear all expenses of Mediation and/or Arbitration should they be incurred. (3) ARBITRATION. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by JAMS LLC under its then-effective Arbitration Rules. The place of arbitration shall be Ontario, California. California law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Both parties agree that the effect of arbitration shall be binding upon them. (4) ARBITRATION TIMING. The complaining Party shall seek remedies exclusively through arbitration should efforts to resolve a dispute by mediation fail to result in a settlement within sixty (60) days after submission of a written complaint. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. (5) SPECIFIC ENFORCEMENT. This agreement to mediate and then to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. (6) ARBITRATION PROCESS. The number of arbitrators shall be three; each party shall nominate one arbitrator within ten (10) days from service of the demand for arbitration, who may be challenged by the other party for good cause, and the two arbitrators shall themselves appoint the third arbitrator in the panel. If the Parties are not able to agree upon the selection of arbitrators within twenty days of commencement of an arbitration proceeding, the arbitrators shall be selected by JAMS in Ontario, CA, or in the nearest JAMS office to such city should that office no longer operate. (7) FEES. Each party shall place in trust to JAMS LLC in Ontario, or otherwise in accordance with JAMS rules, a payment covering the full cost of arbitration before the commencement of arbitration. In the event that one party prevails entirely during arbitration, the other party shall bear the full costs for arbitration, as well as all and any costs incurred by the other party in connection with the arbitration proceedings, including but not limited to legal and associated costs. In the event that neither party prevails during the course of arbitration, the each party shall pay its portion of the costs of arbitration by JAMS, as well as all of its own costs related to performing the arbitration. (8) LOCATION. Any arbitration proceedings involving Attorneys in Motion (TM) shall occur in Ontario, CA. The laws of California shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. (9) It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty days from the date the arbitrators are appointed. The arbitrators may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. However, should the arbitrators conclude that either party has caused undue delay in the process of arbitration, then the party that has caused such delay shall be required to render additional payments to JAMS as required. (10) Except as may be required by law, or as provided for herein, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties to arbitration. As an exception to this limitation, Attorneys In Motion may notify its own Attorney Clients as to the existence of an arbitration action involving an attorney who may otherwise be eligible to provide services through the Attorneys in Motion system. (11) The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement. (12) Except as otherwise provided in the foregoing sections, each party shall pay its own proportionate share of arbitrator fees and expenses, plus the fees and expenses of the arbitrator(s) it designated and the arbitration fees and expenses of JAMS LLC. The arbitrators shall, in his/her discretion, award the foregoing arbitration and administrative fees and expenses as damages unless the arbitrators determine (a) that neither party is a prevailing party, (b) that a party initiated arbitration, litigation, or any other effort to obtain a remedy before completing mediation, in which case the party that initiated such measures shall bear full responsibility for the costs of arbitration, or (c) that a party took actions so as to delay the completion of arbitration, in which case the party that delayed the arbitration shall bear all costs in connection with the delay, as well as any increase in costs resulting therefrom.
This Arbitration Provision shall survive termination of your contract. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
You agree to defend, indemnify and hold Attorneys in Motion and its licensors and affiliates, and their directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, your use of any product or service purchased on or through the Site, your transaction, interaction or relationship with other Users, or your breach or violation of third party rights, the law or these Terms and Conditions. Attorneys in Motion and, as applicable, its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Attorneys in Motion and, as applicable, its licensors' defense of such claim.
You may be able to link from the Site to third party websites and third party websites may link to the Site ("Linked Sites"). You acknowledge and agree that Attorneys in Motion has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such websites on the Site does not imply our endorsement, sponsorship, or recommendation of that website. Attorneys in Motion disclaims any liability for links (1) from another website to this Site and (2) to another website from this Site. Attorneys in Motion cannot guarantee the standards of any website to which links are provided on this Site and Attorneys in Motion shall not be held responsible for the contents of such websites, or any subsequent links. Attorneys in Motion l does not represent or warrant that the contents of any third party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Attorneys in Motion is not responsible for any transmission received from any Linked Sites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
YOU AGREE TO ASSUME ALL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
CONTENT. NEITHER ATTORNEYS IN MOTION NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION
PROVIDERS, LICENSORS OR LICENSEES ("AFFILIATES") MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR WARRANTIES
WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. NEITHER
ATTORNEYS IN MOTION NOR ITS AFFILIATES ENDORSE OR MAKE ANY
REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY,
RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SITE OR ANY
CONTENT ON THE SITE OR THAT THE SITE OR ANY CONTENT ON THE SITE
ARE NON-DEFAMATORY, NON-INFRINGING OF COPYRIGHT OR OTHER
RIGHTS, OR OTHERWISE LAWFUL. NEITHER ATTORNEYS IN MOTION NOR
ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE
THE SITE OR THE CONTENT. NEITHER ATTORNEYS IN MOTION NOR ITS
AFFILIATES WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE,
OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. NEITHER
ATTORNEYS IN MOTION NOR ITS AFFILIATES GUARANTEE OR WARRANT
THAT THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, THAT THE FILES
AVAILABLE FOR DOWNLOADING WILL BE FREE FROM INFECTION BY
SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR
PROGRAMS, THAT THE CONTENT WILL BE ACCURATE OR COMPLETE, OR
THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND
THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to you.
IN NO EVENT WILL ATTORNEYS IN MOTION
OR ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR
ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THE SITE BE LIABLE TO ANY PARTY FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF
THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCTS
ON THE SITE, THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE
CONTENT OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY
CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE
SITE. IN NO EVENT SHALL ATTORNEYS IN MOTION OR ITS AFFILIATES, OR
THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES,
AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE
CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE FOR
ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TO
ATTORNEYS IN MOTION WITHIN THE SIX MONTHS PRIOR TO THE DATE ON
WHICH THE CLAIM AROSE.
Some jurisdictions do not allow the limitation of liability for consequential or incidental damages so the above limitation of liability may not apply to you.
We control and operate this Site from our offices in the United States of America. We do not represent that Content on the Site is applicable, appropriate or available for use in locations outside the United States. Persons who choose to access this Site from locations outside of the United States do so on their own initiative, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. All changes to these Terms and Conditions will be effective when posted. By using the Site following any changes to these Terms and Conditions, you agree to be bound by any such changes.
The Site is not intended for use by children under the age of 16. If you are under 16 years of age, you may use the Sites or the Services only with the involvement and permission of your parent or guardian.
These Terms and Conditions and the relationship between you and Attorneys in Motion shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms and Conditions or in connection with your use of the Site shall be commenced and be heard in the appropriate court having jurisdiction over Clark County, Nevada. You hereby consent to the exclusive personal jurisdiction of and venue in such courts. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and 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 these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or relating to these Terms and Conditions or use of the Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. You may not assign this Agreement or any part of this Agreement without our express written consent. You agree that Attorneys in Motion may assign this Agreement or any part of this Agreement at any time and for any reason without your consent.
In order for You to use Attorneys in Motion Secure Service checkout, You must first agree to the terms and conditions herein. This Secure Checkout Terms of Service Addendum ("Service Checkout Addendum") is an addendum to Your Attorneys in Motion Services Agreement ("Agreement"). By clicking on the "NEXT" button, or by using Attorneys in Motion Secure Checkout, You acknowledge and agree that You have reviewed and understand the Secure Checkout terms of service. If You do not agree or are not willing to be bound by this Secure Checkout Addendum, do not click on the "I AGREE" button, and do not seek to obtain or continue using an account with Attorneys in Motion.
Each client profile is stored on Authorize.net secure servers and assigned an ID that is used in place of all customer information. In addition, Authorize.net’s CIM supports customer profiles that includes billing, payment and shipping information. On top of that, Attorneys in Motion website is SSL certified and in full compliance of site security regulations.
You agree that your account will not be charged until an appearance attorney has accepted the case. This means that once you have requested an appearance, by clicking the submit appearance tab, you ARE authorizing your credit card to be charged upon acceptance of assignment. Once an appearance attorney has clicked the accept appearance assignment in his or her account, this will trigger the payment gateway through authorize.net to apply the authorized service fees to your account.
In the instance that we have informed you of a higher appearance charge, you authorize Attorneys in Motion to charge your credit card a second time for the balance of the fee.
You understand, acknowledge, and agree that (a) You will be solely responsible for maintaining and updating your credit card information for ALL Transactions processed through Your account(s); (b) If your credit card is declined or is not current then your appearance assignment will NOT be covered (c) You are liable for configuring, maintaining and updating the applicable credit card account settings; and (d) Attorneys in Motion shall not be liable under any theory of law, including negligence, for any loss associated with any of the foregoing.
Any cancellations must be made prior to 12 hours of the scheduled appearance. If the cancellation is not made prior to 12 hours of the scheduled hearing then a refund is NOT applied.
Refunds are applied to your credit card in if you cancel the appearance assignment prior to 12 hours of the scheduled appearance. In the event that the appearance attorney fails to appear at an accepted assignment, you will be refunded your fees within 5 days. If the appearance attorney cancels the assignment and Attorneys in Motion is unable to provide you with another appearance attorney, then your credit card will be refunded within 5 days.
IN ADDITION TO ANY LIMITATIONS OR DISCLAIMERS SET FORTH IN THE AGREEMENT, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SECURE CHECKOUT IS PROVIDED TO YOU BY ATTORNEYS IN MOTION VIA AUTHORIZE.NET GATEWAY "AS IS" AND THAT ATTORNEYS IN MOTION DOES NOT REPRESENT OR WARRANT THAT SECURE CHECKOUT OR ANY OTHER TECHNOLOGY, CONTENT, INTELLECTUAL PROPERTY, OR ANY OTHER INFORMATION, DATA, PRODUCTS, OR SERVICES, WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, AND THAT YOUR SOLE REMEDY FOR ANY ISSUE RELATED TO OR ARISING FROM SECURE CHECKOUT. ATTORNEYS IN MOTION’S LIMITATION OF LIABILITY IS SET FORTH IN AGREEMENT.
The risk and security suggestions provided to You in the Secure Checkout Usage Guidelines are solely for illustrative purposes to show best industry practices, and You shall be solely responsible for maintaining and updating Your account.
Attorneys in Motion may suspend or terminate the Simple Checkout feature at any time. If Your Agreement is terminated or suspended, You shall no longer be to use Simple Checkout. It is Your responsibility to download all reports prior to the effective date of any such termination as such reports will not be available subsequent to the termination date.
All terms and conditions of the Agreement not specifically modified in this Secure Checkout Addendum shall remain unchanged and in full force and effect. Unless separately defined herein, capitalized words used in this Secure Checkout Addendum as defined terms shall have the same meanings herein as in the Agreement.