PLEASE READ OUR TERMS & CONDITIONS CAREFULLY BEFORE USING HERITAGEWEB.COM OR ANY OF OUR PROPERTIES
Heritageweb.com and all content, information and services accessible through it (the “Service”) is made available by Heritage Web LLC and may be used only under the following Terms and Conditions (“Terms”, “Terms and Conditions”). This includes any services that is provided through the attorney directories that Heritage Web owns such as Chineselawyers.com or Polishlawyers.com.
BY ACCESSING AND USING Heritageweb.com, YOU (The “User”) AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HERIN (the “Agreement”). If user is accessing and using this website on behalf of any group or entity, User warrants that it has all necessary authority to enter into this Agreement. If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease using Heritageweb.com immediately.
By creating an Account on our service, User agrees to subscribe to newsletters, marketing or promotional materials and other information we may send. However, User may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If User wishes to purchase any product or service made available through the Service (“Purchase”), User may be asked to supply certain information relevant to User’s Purchase including, without limitation, User’s credit card number, the expiration date of User’s credit card, User’s billing address, and User’s shipping information.
User represents and warrants that: (i) User has the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information User supplies to Heritage Web LLC is true, correct and complete.
Heritage Web LLC reserves the right to refuse or cancel User’s order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in User’s order or other reasons.
Heritage Web LLC reserves the right to refuse or cancel User’s order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). User will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan User selects when purchasing a Subscription.
At the end of each Billing Cycle, User’s Subscription will automatically renew under the exact same conditions unless User cancels it or Heritage Web LLC cancels it. User may cancel User’s Subscription renewal either through User’s online account management page or by contacting Heritage Web LLC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for User’s Subscription. User shall provide Heritage Web LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, User automatically authorize Heritage Web LLC to charge all Subscription fees incurred through User’s account to any such payment instruments.
Should automatic billing fail to occur for any reason, Heritage Web LLC will issue an electronic invoice indicating that Use must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Heritage Web LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
User may be required to enter User’s billing information in order to sign up for the Free Trial.
If User does enter User’s billing information when signing up for the Free Trial, User will not be charged by Heritage Web LLC until the Free Trial has expired. On the last day of the Free Trial period, unless User cancelled User’s Subscription, User will be automatically charged the applicable Subscription fees for the type of Subscription User has selected.
At any time and without notice, Heritage Web LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Heritage Web LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Heritage Web LLC will provide User with a reasonable prior notice of any change in Subscription fees to give User an opportunity to terminate User’s Subscription before such change becomes effective.
User’s continued use of the Service after the Subscription fee change comes into effect constitutes User’s agreement to pay the modified Subscription fee amount.
User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use Heritageweb.com, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with Heritage Web LLC’s prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C. § 107). User may not alter or modify information and services provided through Heritageweb.com in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of Heritageweb.com, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy Heritageweb.com without Heritage Web LLC’s prior written permission.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If User is a copyright owner, or authorized on behalf of one, and User believes that the copyrighted work has been copied in a way that constitutes copyright infringement, User shall submit a claim via email to [email protected], with the subject line: “Copyright Infringement” and include in User’s claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
User may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on User’s copyright.
Intellectual Property Rights
Unless otherwise explicitly noted, all elements of Heritageweb.com including, but not limited to, text, articles, logos, trademarks, graphics and overall “look and feel” are the property of Heritage Web LLC. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future. User acknowledges that Heritageweb.com is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
DMCA Notice and Procedure for Copyright Infringement Claims
User may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that User claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that User claims is infringing is located;
- User’s address, telephone number, and email address;
- a statement by User that User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by User , made under penalty of perjury, that the above information in User’s notice is accurate and that User is the copyright owner or authorized to act on the copyright owner’s behalf.
User can contact our Copyright Agent via email at [email protected]
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Heritage Web LLC.
Heritage Web LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
User acknowledges and agree that Heritage Web LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
Heritage Web LLC strongly advises User o read the terms and conditions and privacy policies of any third party web sites or services that User visits.
Certain refund requests for Subscriptions may be considered by Heritage Web LLC on a case-by-case basis and granted in sole discretion of Heritage Web LLC.
Our Service allows Users to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). User is responsible for the Content that User posts on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, User represents and warrant that: (i) the Content is owned by the User and/or User have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of User’s Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Heritage Web LLC reserves the right to terminate the account of anyone found to be infringing on a copyright.
User retain any and all of User’s rights to any Content User submits, post or display on or through the Service and Use is responsible for protecting those rights. Heritage Web LLC take no responsibility and assume no liability for Content User or any third party posts on or through the Service. However, by posting Content using the Service User grants Heritage Web LLC the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. User agrees that this license includes the right for Heritage Web LLC to make User’s Content available to other users of the Service, who may also use User’s Content subject to these Terms.
Heritage Web LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Heritage Web LLC or used with permission. User may not distribute, modify, transmit, reuse, download, re-post, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Registration / Account
Certain sections of Heritageweb.com require registration to access and use information and services. If User elects to register, User agrees to provide Heritage Web LLC with accurate, complete registration information. User will inform Heritage Web LLC of any changes to registration information. User warrants that registration is for a single person only, and that User will not permit anyone other than User to access and use sections of Heritageweb.com requiring registration using User’s name and password. User will not access or use Heritageweb.com under the User name of another individual. User is responsible for all access to and use of Heritageweb.com through User’s name and password, including access of any services the use of which results in monetary charges to User, whether or not User has knowledge of or authorizes such access and use. User will notify Heritage Web LLC immediately of any unauthorized use of User’s name and password, if User suspects the privacy of User’s name and password has been jeopardized, or if User believes that another individual has fraudulently represented themselves as the User or as being associated with User or User’s organization.
Heritage Web reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Lawful Use Only
User will not publish, upload, submit or distribute any Posted Materials on Heritageweb.com which are unlawful, deceptive, misleading, or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, indecent, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, contain any corrupted data or malicious code that may impair or alter the appearance or functionality of Heritageweb.com, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally, or the Heritage Web LLC Community Guidelines. Heritage Web LLC may delete any of User’s Posted Materials at any time, without prior notice or User’s permission and at Heritage Web LLC’s sole discretion.
Posted Materials Attributed & Truthful
On certain sections of Heritageweb.com, Posted Materials submitted for publication on Heritageweb.com will be accompanied by User’s name and shall not be submitted anonymously. User warrants that such Posted Materials will not misrepresent or obscure his or her identity or affiliation with any person or entity. Furthermore, User warrants that it will not, by any method or action, directly or through a third party seek to artificially enhance, degrade, or otherwise manipulate the recommendations or endorsements of any User, individual, or group on Heritageweb.com including User’s own.
No Obligation to Monitor
Heritage Web LLC has no obligation or intent to edit, monitor or screen Posted Materials and is not responsible for the content in, or linked to or from, Posted Materials. Heritage Web LLC may, and retains the right to, examine Heritageweb.com for adherence to the Agreement and remove any materials that may be objectionable, violate the Agreement, or law, but expressly disclaims any and all warranties or representations that it will do so in any specific instance. By using Heritageweb.com, User acknowledges and agrees that Heritage Web LLC is under no obligation to monitor, edit, or remove any Posted Materials solely upon User’s insistence.
Attorney-Client Relationship & Confidentiality
User acknowledges that no attorney-client relationship is, or will be, formed through the use of Interactive Services, and that User has no expectation of privacy or confidentiality of communications occurring through Interactive Services. The hiring of an attorney is a critical decision and should not be predicated solely on comments, recommendations, advertisements, or other Posted Materials contained on Heritageweb.com or the directories websites that it owns or any other website.
User Attorney Ethics & Practice of Law
If User is an attorney participating in any aspect of Heritageweb.com, including but not limited to Interactive Services, User acknowledges that the Rules or Codes of Professional Conduct (“Rules”) of the jurisdictions in which User is licensed apply to all aspects of User’s participation and that User will abide by such Rules. Heritage Web LLC disclaims all responsibility for User’s compliance with these rules. User warrants that Interactive Services will be used to provide general information only, and not for the provision of legal advice or the practice of law.
No Legal Advice or Practice of Law
Heritageweb.com provides information on law and legal topics and is designed for informational purposes only. User acknowledges that under no circumstances is Heritage Web LLC, its agents, affiliates or customers, providing legal advice or representation through Heritageweb.com, and that nothing on Heritageweb.com is intended as a substitute for legal advice from an attorney.
No Endorsement of Professionals
Heritage Web LLC does not select, approve, or otherwise endorse any particular professional, attorney, law firm, or provider of legal services on Heritageweb.com. Any and all such recommendations or Posted Materials are from third parties or advertisements and are inherently subjective in nature, could be inaccurate or incomplete, and are difficult or impossible to verify. Therefore, Heritage Web LLC expressly disclaims any representation or warranty that such Posted Materials are correct or reliable. UNDER NO CIRCUMSTANCE SHALL HERITAGE WEB LLC HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH Heritageweb.com. SUCH RELIANCE SHALL BE SOLELY AT USER’S OWN RISK.
Third Party Content
Third party content, messages and services may appear on Heritageweb.com or may be accessible through links from Heritageweb.com. Heritage Web LLC is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from Heritageweb.com. User acknowledges that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of, Heritage Web LLC.
Advertisers & Sponsors
User acknowledges that Heritageweb.com may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on Heritageweb.com is accurate and complies with any and all applicable laws. User agrees that Heritage Web LLC will not be responsible for the illegality or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers or sponsors.
DISCLAIMER OF WARRANTIES
Heritageweb.com IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HERITAGE WEB LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. HERITAGE WEB LLC MAKES NO WARRANTY THAT ACCESS TO Heritageweb.com OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HERITAGE WEB LLC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF Heritageweb.com, INCLUDING BOTH HERITAGE WEB LLC AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH Heritageweb.com, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN Heritageweb.com, (C) THE UNAVAILABILITY OF Heritageweb.com OR ANY PORTION THEREOF, OR (D) USER’S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF Heritageweb.com.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
User agrees to defend, release, indemnify, and hold Heritage Web LLC, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney’s fees) made by any third party and arising from any content User posts, submits, transmits or otherwise makes available through Heritageweb.com, User’s violation of the terms and conditions of this Agreement, or the violation of the intellectual property rights of any third party.
Limitation of Claims
HERITAGE WEB LLC AND ITS REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON ITS WEBSITES AND SERVICES OR CONTENT ACCESSED THROUGH ITS WEBSITES AND SERVICES BY USER OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN USER AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO HERITAGE WEB, LLC’S WEBSITES AND SERVICES OR CONTENT ACCESSED THROUGH ITS SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY USER OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF HERITAGE WEB, LLC OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF HERITAGE WEB, LLC’S WEBSITES AND SERVICES OR CONTENT ACCESSED THROUGH ITS WEBSITES AND SERVICES; ANY INABILITY TO ACCESS OR USE ITS WEBSITES AND SERVICES OR CONTENT ACCESSED THROUGH ITS WEBSITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF ITS WEBSITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THIS AGREEMENT WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF HERITAGE WEB, LLC’S WEBSITES AND SERVICES OR CONTENT ACCESSED THROUGH ITS WEBSITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON HERITAGE WEB, LLC’S WEBSITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH ITS WEBSITES AND SERVICES).
IN NO EVENT WILL HERITAGE WEB, LLC’S OR ITS REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON HERITAGE WEB, LLC’S WEBSITES AND SERVICES OR CONTENT ACCESSED THROUGH HERITAGE Web, LLC’S SITES AND SERVICES BY USER EXCEED THE AMOUNTS PAID BY USER TO HERITAGE WEB LLC, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY USER DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS. USER ACKNOWLEDGES AND AGREES THAT IF USER HAS NOT PAID HERITAGE WEB, LLC ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING HERITAGE WEB, LLC’S WEBSITES AND SERVICES AND TO CANCEL USER’S ACCOUNT, IF ANY.
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
User acknowledges and agrees that any violation or breach of this Agreement may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of this Agreement or other applicable legal requirements, Heritage Web, LLC has the right to, and may in its sole discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of this Agreement. In addition to any and all other remedies available to us in law or in equity, Heritage Web, LLC may seek specific performance of any term in this Agreement, including but not limited to by preliminary or permanent injunction.
User is solely responsible for its interactions with other Heritageweb.com users. Heritage Web LLC retains the right, but expressly disclaims any obligation, to become involved in any dispute between User and any other users of Heritageweb.com.
Heritage Web LLC reserves the right to modify this Agreement at any time and at its sole discretion. Updated versions of the Terms and Conditions of Use will appear on Heritageweb.com and become the effective Agreement immediately upon publication. User is responsible for regularly reviewing the Terms and Conditions of Use. Continued use of Heritageweb.com by User after any such modification of this Agreement constitutes User’s assent to such modifications.
By continuing to access or use our Service after any revisions become effective, User agrees to be bound by the revised terms. If User does not agree to the new terms, User is no longer authorized to use the Service.
This Agreement embodies the entire understanding between User and Heritage Web LLC with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
Heritage Web LLC’s performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
This Agreement will be governed by and construed under the law of the state of Texas, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Texas will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Subscriber without our prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
If you have any questions about these Terms, please contact us.