Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS INTERNET SITE
These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the Internet sites operated by Law & Legal Pty. Ltd. A.C.N. 078 537 943 (referred herein as “Law & Legal”) and of certain Law & Legal Affiliates, Partners, Suppliers and/or Subsidiaries including this Internet site (“Internet site”);

LIMITATIONS ON USE
You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Internet site or the content. Nor may you 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 our Website or the content without Law & Legal’s prior written permission. You may not use this Internet site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Internet site, except to the extent permitted above. You may not use or otherwise export or re-export this Internet site or any portion thereof, the content or any software available on or through this Internet site in violation of the export control laws and regulations of Australia, Canada, Japan, Mexico, New Zealand, South Africa, United Kingdom, or United States. You may not use this Internet site or the content in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Law & Legal or any third parties or violate any state, provincial or federal law. Any unauthorized use of this Internet site or its content is prohibited;

USER AGREEMENT
BY USING THIS INTERNET SITE YOU REPRESENT YOU ARE NOT UNDER THE AGE OF 13 AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE INTERNET SITES;

Your use of this Internet site is contingent on the foregoing agreement, and if you do not agree, you must cease using this Internet site. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Internet site shall have the same force and effect as if you had actually signed an agreement embodying these terms. Law & Legal may change these Terms of Use at any time by posting changes on this page of the Internet site. It is your responsibility to review these Terms of Use prior to each use of the Internet site. By continuing to use the Internet site, you agree to any such changes;

UNITED STATES: ATTORNEY ETHICS NOTICE; RULES
If you are a United States attorney participating in any aspect of this Internet Site, including but not limited to interactive areas, (a) you agree not to provide specific legal advice in any of your content and to draft content which is appropriate, educational, and in accordance with attorney ethics requirements, (b) you represent and warrant that you are an attorney in good standing with a license to practice law in at least one of the 50 United States of America or the District of Columbia, (c) you agree to promptly notify Law & Legal of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license, (d) you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of attorney-client relationships, failure to maintain client confidences, unauthorized practice of law, and misrepresentations of fact. Law & Legal disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate on this Internet Site, that you will not offer legal advice, but will only provide general information. Law & Legal highly recommends that you include a disclaimer regarding the aforementioned advertising and ethics issues. Law & Legal will have no liability to you arising out of or related to your compliance or noncompliance with such laws and rules, or related to Law & Legal’s inclusion or failure to include a disclaimer;

INTERNET SITE AND CONTENT

Internet Site Availability
We may change, suspend or discontinue availability of any aspect of the Internet site at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Internet site without notice or liability;

In addition, the Internet site contains links to other Internet sites, resources, affiliates, and sponsors, partners or advertisers on the Internet site. We are not responsible or in any way liable for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other Internet site to the site administrator or webmaster of such site;

Links/Advertisements/Search Engines
This Internet site may link to other sites operated by third parties which may include our partners. The inclusion of any link to such sites does not imply endorsement or recommendation by the Internet site, or by Law & Legal, its Affiliates, its Suppliers or its Authorized Dealers of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Internet site or their suitability or legality in Australia, Canada, Japan, Mexico, New Zealand, South Africa, United Kingdom, United States or your Country. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites;

This Internet site may contain advertisements by third parties and links to third party Internet sites including but not limited to blogs, carts, forums, websites and webpages. Unless otherwise specifically stated on this Internet site, Law & Legal does not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that may appear on this Internet site;

Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the Internet site (including deep linking to articles or pages within the Internet site), provided that (i) the hyperlink text accurately describes the content as it appears on the Internet site; and (ii) no scraping or procurement of the content by any means (i.e. extracting content from the Internet site and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format); and (iii) under no circumstances may you “frame” this Internet site or any of its content or copy portions of the Internet site to a server, except as part of an Internet service provider’s incidental caching of pages; and (iv) each page within the Internet site must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Internet site. We reserve the right at any time in our absolute discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below);

Advertisers
This Internet site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Internet site is accurate and complies with applicable laws. Law & Legal will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors;

No Representations or Warranties
Law & Legal, its Affiliates, its Suppliers or its Authorized Dealers make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Internet site, including without limitation any content submitted by any user;

Not Legal Advice
The content contained on or made available through this Internet site is not intended to and does not constitute legal advice and no (i) attorney-client, or (ii) barrister-client, or (iii) lawyer-client, or (iv) solicitor-client relationship is formed, nor is anything submitted to this Internet site treated as confidential. The accuracy, completeness, adequacy or currency of the any content is not warranted or guaranteed. Your use of information on this Internet site or materials linked from this Internet site is at your own risk. Neither Law & Legal nor the this Internet site is a lawyer referral service and the content on this Internet site and other resources and information, is for your use only. All users are encouraged to make their own independent investigation and evaluation of any information posted on this Internet site and/or any linked Internet site. Any agreements regarding legal services or fees must be done outside the scope of this Internet site and are strictly between the user and the third party and do not involve Law & Legal in any way. Law & Legal is not a law firm. Law & Legal does not receive any portion of any attorney’s or law firm’s fees. Law & Legal is not involved in or responsible for any transactions that might occur, and Law & Legal does not guarantee that such transactions will occur. You are solely responsible for compliance with all laws, rules and regulations in your jurisdiction, or any other jurisdiction you operate within or are subject thereto;

USER CREATED CONTENT

Submissions
You must be at least 13 years old to contribute content to this Internet site. By submitting any material (text, photos, videos or other content) to Law & Legal either through the Internet site or physical delivery, you agree to be bound by these Terms of Use, and to the terms of any Software License Agreement you have with Law & Legal or its Affiliates, its Suppliers or its Authorized Dealers. Such License terms are available through this Internet site, each Software program’s Internet site and on the disc or download that the Software was supplied with and may be updated at any time. It is your responsibility to review and understand these terms at the time of your submission;

Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to Law & Legal and its Affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary or other compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. Law & Legal has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content;

Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties;

You are solely responsible for all content that you post, email or otherwise make available through the Internet site. For all content provided by you, you agree to indemnify Law & Legal and its affiliates as provided under Legal Terms (below);

Content Submission Rules and Restrictions
By submitting any content, you represent and warrant that: (i) you either own the content or have all necessary rights to use and submit it; and (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and (iii) the content will not cause injury, embarrassment, loss or harm to any person or entity;

You agree not to submit any content in any forums, chats, emails or otherwise that:

• is libelous, defamatory, obscene, pornographic, or otherwise illegal;
• is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.);abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.;
• infringes any party’s intellectual property rights, including without limitation copyrights and trademarks;
• impersonates another person or misquotes another person;
• violates any applicable law, or violates any party’s rights; or,
• offers or advertises any goods, or services or solicits any funds or consideration;

In addition, you agree not to contact any users of the Internet site (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on this Internet site;

You are solely responsible for the content you submit. Law & Legal does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Use, in Law & Legal’s absolute discretion, will be removed from public view. You may contact us if you disagree with any removal (see Contact Us below); however, all decisions regarding content and compliance with these Terms of Use will be determined by Law & Legal in its absolute discretion. If you disagree with these conditions, do not submit any content;

Identity and Privacy
You must use a consistent handle or account name for any submissions you make, and you may not submit content under another person’s name or by proxy. If you are an elected official, you must submit content identifying yourself as such when posting about a political issue. Sock puppets are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company);

We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in a printed edition of one of our publications;

Law & Legal does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity;

For information on our privacy policies regarding personal information gathered on the Internet site, please see our Privacy Policy link at the bottom of the page;

Real Life Meetings
This Internet site may offer some social networking opportunities, including enabling users to create profiles that are designed to allow individuals to meet each other for any purpose. In addition, any posting to the Internet site will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Internet site, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs, username, or email addresses publicly on the Internet site. If you do provide this information on the Internet site or to a third party who you met through the Internet site, it is at your sole risk. In addition, if you choose to submit content to the Internet site in an area that requires that your real identity be disclosed, you do so at your sole risk and liability;

INTERNET SITE REGISTRATION

Registration
Some areas of this Internet site may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals;

Termination
You agree that at our absolute discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause;

Termination for cause may include, but is not limited to:

• violations of these Terms of Use;
• violations of other posted rules of conduct;
• violations of law or intellectual property rights;
• harassment or belittling conduct toward individuals, companies or other third parties;
• an expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules;
• failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation;
• failure to provide real, verifiable information about your true identity where requested or instructed;

Termination of a user’s account may include any of the following actions:

(i) a complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user’s files, uploads, content, and personally identifiable information. In such a case, neither Law & Legal nor its Affiliates, Suppliers and/or Authorized Dealers have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data; or,

(ii) user data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither Law & Legal nor its Affiliates, Suppliers and/or Authorized Dealers are under any obligation to retrieve or restore such data;

Users who are terminated are prohibited from creating new accounts without prior written consent of Law & Legal. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and Law & Legal will determine in its absolute discretion whether to reinstate. Users may also appeal account termination by writing to:

Webmaster
Law & Legal Pty. Ltd.
815 1st Ave #256
Seattle, WA 98104
UNITED STATES

When applying for a new account, or appealing a termination decision, please include print outs of all relevant data, emails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through email, so please be sure to include a current and working email address with your correspondence. You acknowledge and agree that Law & Legal will make the final determination in its absolute discretion as to any terminated account, or reapplication for a new account after termination and that this represents your sole and exclusive remedy for any terminated account;

LEGAL TERMS

NO REPRESENTATIONS OR WARRANTIES AS TO INTERNET SITE
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, ALL CONTENT, INFORMATION, SERVICES AND SOFTWARE ON THIS INTERNET SITE IS PROVIDED BY LAW & LEGAL, OR ITS AFFILIATES ON AN “AS-IS” BASIS. LAW & LEGAL AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (I) OPERATION OF THIS INTERNET SITE (DATA OR SERVICES AND/OR ANY PRODUCTS OBTAINED FROM THE INTERNET SITE) WILL BE UNINTERRUPTED OR ERROR FREE; OR (II) THAT DEFECTS WILL BE CORRECTED, OR (III) THAT ANY LAW & LEGAL INTERNET SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (IV) DO NOT PROVIDE ANY WARRANTY AS TO THE USE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SUFFICIENCY OR ACCURACY OF ANY CONTENT, INFORMATION OR SERVICE (INCLUDING BUT NOT LIMITED TO TECHNICAL SUPPORT, CUSTOMER SERVICE, REGISTRATIONS, INTERNET FORMS, KNOWLEDGEBASE OR ANY USER FORUMS). LAW & LEGAL AND ITS AFFILIATES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE INTERNET SITE OR ANY OF THE SERVICES PROVIDED THEREFROM. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF USING THIS INTERNET SITE AND ANY AND ALL SERVICES THEREOF IS ASSUMED BY YOU. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO THE INTERNET SITE AND THE SERVICES PROVIDED THEREFROM BY LAW & LEGAL AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, EQUITY, COURSE OF DEALING, USAGE, PRIOR ORAL OR WRITTEN STATEMENTS BY LAW & LEGAL, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, INTEGRATION, SECURITY, QUIET ENJOYMENT, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED;

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LAW & LEGAL, ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORIZED DEALERS (OR THEIR DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS), BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF GOODWILL OR CREDIT, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, OR WHICH CONSISTS OF A CLAIM FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, ANY LAW & LEGAL INTERNET SITE, OR INTERNET SERVICE (INCLUDING BUT NOT LIMITED TO TECHNICAL SUPPORT, CUSTOMER SERVICE, REGISTRATIONS, INTERNET FORMS, KNOWLEDGEBASE OR ANY USER FORUMS) OR CONTENT, OR (II) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A LAW & LEGAL INTERNET SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF LAW & LEGAL, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS AND/OR A LAW & LEGAL REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR USD$100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY LAW & LEGAL INTERNET SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL LAW & LEGAL, ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORIZED DEALERS (OR THEIR DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS), BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND LAW & LEGAL, ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORIZED DEALERS (OR THEIR DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS) REASONABLE CONTROL;

LAW & LEGAL OR ITS AFFILIATES MAY TERMINATE YOUR FURTHER ACCESS TO LAW & LEGAL INTERNET SITES OR CHANGE THE LAW & LEGAL INTERNET SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON;

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW;

IF YOU DO NOT ACCEPT THE FOREGOING LEGAL TERMS DO NOT USE THIS OR ANY LAW & LEGAL INTERNET SITE. INSTEAD CONTACT LAW & LEGAL (SEE CONTACT US BELOW);

Indemnity
You agree at your expense to indemnify and hold harmless, Law & Legal and its Affiliates and each of their respective partners, suppliers, authorized dealers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorney/solicitor fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Internet site; (b) the Internet site’s or Law & Legal or its Affiliate’s use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted through your registration account or user ID, even if not posted by you; and (d) any violation of these Terms of Use by you (collectively “Claims”);

Law & Legal reserves the right to select counsel and conduct the defence or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above;

Governing Law and Venue
The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with Victorian State, and only to the extent applicable Australian Commonwealth law, without regard to its principles of the “conflict of laws” or “private international law”. Any action to enforce this agreement shall be brought in the federal or state courts located in Melbourne in the state of Victoria in Australia, and you hereby waive any objections to such action. You acknowledge and agree that neither will Law & Legal, its Affiliates, and/or its Authorized Dealers, or will you, bring a legal action under these Terms of Use more than: (i) six (6) years after the cause of action in tort or breach of contract arose; or (ii) more than three (3) years after the cause of action for personal injury arose; or (iii) more than one (1) year after the cause of action for defamation arose as legislated in Victoria under the Limitation of Actions Act;

Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect;

Waiver
No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition;

Copyright Violations
Users are prohibited from uploading, posting or otherwise transmitting on the Internet site any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Copyright Act. If you believe that any material on the Internet site infringes upon any copyright which you own or control, please notify us at ip@lawandlegal.com (Please direct all general questions to webmaster@lawandlegal.com);

CONTACT US

General Questions:
If you have any questions about these Terms of Use, please contact us in one of the following ways:

(i) Email us at: webmaster@lawandlegal.com

(ii) Write to us at:

Law & Legal Pty. Ltd.
815 1st Ave #256
Seattle, WA 98104
UNITED STATES

or

Law & Legal Pty. Ltd.
GPO Box 3431
Melbourne, Vic. 3000
AUSTRALIA

Date of effective operation: May 14, 1997 | Last updated: April 21, 2014