Terms and Conditions
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.
1. Services Available on the Site.
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.
2. Client Accounts.
All Attorneys must have an
active and eligible state bar status. Only Law Firms and/or
any Attorney of record can schedule appearances. We do not
provide appearance services for pro per/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.
3. Scheduling Appearances.
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
a staffing agency that sets attorneys in place for you and
are not responsible for his or her behavior.
4. Fees.
All services that require
hourly rates will be billed at a 2 hour minimum. Other
additional fees may include the following: Non-refundable
Data maintenance fee for each appearance of $3.98, 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.
5. Exceptions to flat fee based appearances.
Standard flat rates are
based on appearances that are not expected to exceed 1.0
hours of court time. In the event that an appearance exceeds
the first hour of expected time, we will automatically
charge the card on file for every hour after the first hour
at the appearance coverage rate for that individual
appearance assignment.
6. Requests for specific attorneys.
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.
7. Secure Service checkout.
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..
8. Cancellation of Appearances.
Any cancellations must be
made prior to 5:00 P.M. the day before the scheduled
appearance. If the cancellation is not made prior to 5:00
P.M., the day before the scheduled hearing then a refund
will NOT be provided.
9. Refund Policy.
Refunds are applied to your
credit card if you cancel the appearance prior to 12 hours
of the scheduled appearance time. In the event that the
appearance attorney fails to appear at an accepted
assignment, you will be refunded your fee within 5 days of
that date (subject to credit card processing times). If
appearance attorney cancels assignment and Attorneys in
Motion is unable to provide you with another appearance
attorney, then the credit card will be refunded within 5
days (subject to credit card processing times). Data
Maintenance Fees are non-refundable. If you feel that the
appearance attorney did not follow your instructions, then
you need to notify AIM within 30 days of the appearance. If
you notify AIM after 30 days, then a refund will not be
provided.
10. Appearance Attorney / Per Diem Attorney
Performance.
Attorneys in Motion works
very 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 completely harmless from
any liability in the event that the appearing attorney
misses an appearance, does not do a good job or fails to
follow proper instructions. 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. Attorneys in Motion is merely a staffing
service and is not responsible for each individual
contracted attorney.
11. Soliciting Attorneys in Motion’s Appearance
Attorneys.
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.
12. Proprietary Rights and Permitted Use of the Site.
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.
13. Prohibited Use.
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.
14. User Information and Other Submissions.
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
privacy of such
Information are set forth in the Site's Privacy Policy which is
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.
15. Private Forums.
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.
16. User Conduct.
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.
17. Promotions.
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.
18. Third Party Content.
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.
19. Linking to the Site.
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.
20. Arbitration
Purpose: This
Arbitration Provision sets forth the circumstances and
procedures under which claims (as defined below) may be
arbitrated instead of litigated in court.
21. Definitions:
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.
22. Significance of Arbitration:
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.
23. Restrictions on Arbitration:
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. If
either party elects to resolve a Claim by arbitration,
that
24. DISPUTE RESOLUTION.
(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.
25. Continuation:
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.
26. Indemnification.
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.
27. Third Party Web Sites.
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.
28. DISCLAIMER OF WARRANTIES.
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 ERROR- FREE, 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.
29. LIMITATION OF LIABILITY.
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.
30. Applicable Laws.
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.
31. Changes to Terms and Conditions.
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.
32. Our Policy Toward Children.
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.
33. Governing Law; Exclusive Jurisdiction;
Miscellaneous.
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.
Secure Checkout,
Cancellation and Refund Policy Terms of Service
Addendum
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.
1. Secure Service checkout
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.
2. Your Obligations; Usage Guidelines.
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.
3. Acknowledgement.
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.
4. Cancellation of Appearances
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.
5. Refund Policy
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,
plus credit card processing times. 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, plus credit
card processing times. If you feel that the appearance
attorney did not follow your instructions, then you need to
notify AIM within 30 days of the appearance. If you notify
AIM after 30 days, then a refund will not be provided.
6. ATTORNEYS IN MOTION WARRANTY; LIMITATION OF
LIABILITY.
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.
7. Risk, Security and Disclosure.
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.
8. Termination.
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.
9. Legally Binding Instrument.
This Secure Checkout
Addendum is an addendum to Your Attorneys in Motion Terms of
Use Agreement. In the event of any inconsistency between the
terms of the addendum and the Agreement, the addendum will
govern.
10. Amendment; Definitions.
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.