BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN WARRANTY AND LIABILITY DISCLAIMERS. BY ACCESSING OR OTHERWISE USING OUR WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE OFFERED BY COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE.
1. About Us.
Through the Website, we offer Users the ability to view a numeral score (on a scale from 1 to 100), for attorneys currently or previously licensed to practice in the State of Florida, based on our proprietary scoring system (“LawScore(s)”). For details on how we calculate each lawyer’s LawScore, read our “How it Works”. If you have any questions regarding the Website or a particular LawScore, please contact us as provided below.
3. Electronic Communication.
We may offer the ability for Users to opt-in to receive electronic communication from us and our affiliates containing newsletters, updates, promotions, deals, discounts, events, and other related matters (“Communications”) regarding our Website. Providing your e-mail address to us confirms your ability and consent to receive Communications electronically, rather than in paper form. To withdraw your consent to receive electronic Communications, please write us by e-mail at email@example.com with the subject line: “Unsubscribe from Electronic Communications.” In addition, our Communications themselves may include the ability to opt out, for example, through an unsubscribe link in our emails.
4. Eligibility and Territory.
Persons who are under eighteen (18) years of age, or who are under the applicable legal age of majority in their jurisdiction, are not eligible to use the Website and may not do so. The Website is only available to Users in the United States of America (“Territory”). You are not authorized to access or use our Website if you are outside of the Territory. For purposes of these Terms, the Territory expressly excludes Puerto Rico and any other possessions, commonwealths or territories.
5. Information on LawScores.
A LawScore reflects an objective rating of a given Florida-licensed (or previously licensed) lawyer within the context of civil litigation, based solely upon objective publicly available information, such as number of years in practice, civil litigation cases filed, verdicts reached, and disciplinary history, as set forth on our “How it Works” page. However, the manner in which someone else rates the same lawyer may vary significantly from, and be based on different criteria than, a LawScore. You hereby acknowledge and agree that a LawScore is not an endorsement or referral of any particular lawyer, and is not a guarantee of a lawyer’s quality, competency, or character. You also acknowledge and agree that a LawScore is not a predictor of the likelihood of success or of any particular outcome of any matter in which such lawyer is involved. A LawScore is solely intended to be used as an additional source of information for you to consider, along with any and all other sources of information, in obtaining the services of a Florida-licensed lawyer who may be suitable for your legal needs, including civil litigation. Under no circumstances should you rely solely on a LawScore in deciding whether to contact or hire any given lawyer.
6. Information on the Website.
Our Website displays both Company-created content, as well as content, information, and data from publicly accessible sources (the “Legal Information”). We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. However, we do not routinely screen third-party content, including Legal Information, that is published via our Website. We do not guarantee or make any warranty as to the accuracy, adequacy or quality of any such Legal Information. Federal Court data is not currently being utilized in the calculation of an attorney’s LawScore.
7. No Formation of an Attorney-Client Relationship
The Legal Information and LawScore contained on our Website is intended for general informational purposes only and should be used in conjunction with other available resources when considering a lawyer to hire and otherwise addressing your legal needs. Neither the Legal Information nor a LawScore constitutes the provision of legal services by us, and accessing such information, or making any inquiry to us, does not create an attorney-client relationship between you and us. The Website is not a substitute for an actual consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue.
8. Interactions between Lawyers and Consumers.
While you may, in your sole discretion, choose to contact or use the services of a lawyer as a result of using the Website, any attorney-client relationship formed as a result of interactions between a lawyer and User is between the User and the lawyer—not between Company and the User. Company shall not be held responsible under any circumstances for the quality or accuracy of any information or legal services provided by lawyers that consumers find through the Website. It is solely the responsibility of Users and such lawyers and law firms to ensure that any communications they may engage in comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters. Except as provided in Subchapter 4-7 of the Rules Regulation of the Florida State Bar, Company is not a lawyer referral service.
9. Beta Services.
Company may, from time to time, release certain beta products, services, and features (collectively, “Beta Services”) for a limited period of time (the “Beta Test”). You acknowledge and agree that Beta Services have not been completely tested, are not ready for commercial release, and may contain bugs, errors, defects, and deficiencies. We reserve the right to withdraw the Beta Services at any time during the Beta Test. You understand that we make no guarantee that the Beta Services will become commercially available in the future. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT ANY BETA SERVICES.
10. Prohibited Activities.
You may not access or use the Website for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Website in our discretion. These prohibited activities include, without limitation, the following:
- Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
- Using any information obtained from the Website in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent;
- Interfering with, disrupting or creating an undue burden on the Website or the networks or services connected to the Website;
- Attempting to impersonate another User or person or using the account of another User;
- Using any information obtained from the Website in order to harass, abuse or harm another person;
- Using the Website in a manner inconsistent with any and all applicable laws and regulations;
- Using or otherwise accessing the Website for any reason other than a good faith interest in obtaining information about current and previous Florida-licensed lawyers;
- Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
- Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- Restricting or inhibiting any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website;
- Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website;
- Removing any copyright trademark or other proprietary rights notices contained in the Website;
- Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Website;
- Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures;
- Harvesting or collecting information about any Users without their express consent;
- Attempting to reverse engineer, decompile, scrape, mine, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, information, know-how, or algorithms relevant to or contained on the Website;
- Modifying, translating, or creating derivative works based on the Website; or
- Removing any proprietary notices or labels on the Website.
11. Intellectual Property Rights.
No right, title or interest in or to the Website or any intellectual property contained therein is granted or transferred to you. You do not acquire any ownership rights to the Website or to any contents contained therein under any circumstances. You do not have the right to use any trademarks or copyrightable material used on our Website, and agree that you shall not remove, obscure, or alter any legal notices displayed in connection with the Website. The Website, and all content and information contained therein, may only be used for your personal, non-commercial use and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without our express prior written consent. All rights not expressly granted in these Terms are reserved by Company and its respective licensors, affiliates, and contractors, as permitted under applicable law.
12. Copyright Complaints.
We respect the intellectual property of others, and we ask our Users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the ability to access, visit, and/or use the Website of any User who infringes the copyright rights of others, and we may choose to remove, delete, erase, or disable access to content and information, including Legal Information, on the Website that is deemed to be infringing. It is our policy to terminate the access of repeat infringers.
If you have reason to believe that your content or information has been copied and/or is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may notify us by providing a document via e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at the Website;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
- Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY ON THE WEBSITE IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR WEBSITE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR WEBSITE BEFORE SENDING THE NOTICE
DiSchino & Schamy, PLLC,
Only copyright complaints should be sent to our Copyright Agent. No other communications will be accepted or responded to.
While Company strives to provide useful information regarding current and previous Florida-licensed lawyers related to civil litigation, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, such as the Legal Information, that there are certain inherent limitations to the accuracy or currency of such information, and that such information may be incomplete or may contain inaccuracies. COMPANY DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE WEBSITE. THE WEBSITE IS PROVIDED “AS IS.” COMPANY ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
14. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY RELATING TO THE WEBSITE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE WEBSITE, IS LIMITED TO ANY AMOUNT YOU PAID US TO USE THE WEBSITE TO WHICH SUCH CLAIM RELATES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM, OR ONE HUNDRED ($100.00) DOLLARS, WHICHEVER IS GREATER.
Applicable law in some jurisdictions may not allow the limitation of liability set forth above, and in such instance this limitation of liability may not apply to you.
You agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys’ fees) arising out of or related to your use of, or inability to use, the Website, including without limitation any actual or threatened suit, demand or claim arising out of or relating to your conduct, your violation of these Terms or your violation of the rights of any third party.
Company may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our Website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, posting a notice on our Website or sending an email to an email address you provide to us). By using or continuing to use or access the Website after any revisions have come into effect, you agree to be bound by the revised Terms.
17. Arbitration Agreement and Waiver of Class Remedies.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
For purposes of these Terms, you and Company are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement related to these Terms and/or the Website, directly through consultation and good faith negotiations for a period of at least sixty (60) days, which shall be a requirement prior to either Party initiating arbitration or a lawsuit, if permitted.
However, in the event the Parties cannot come to a mutual agreement resolving the dispute, the Parties agree that all claims arising out of or relating to these Terms (including its formation, performance and breach) and the Website shall be finally settled by binding arbitration administered in Miami, Florida by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions; provided, however, that you must first send us a “Notice of Dispute” providing the basis of the dispute and the relief being sought. This notice may be sent by email to firstname.lastname@example.org or by mail to: 4770 Biscayne Blvd Suite 600, Miami, FL 33137. Further, any arbitration must be commenced by filing a demand for arbitration in accordance with AAA within one (1) year of when it first could be filed, or the claim shall be permanently barred. If applicable law prohibits such time limitation for asserting claims, then the shortest applicable time-period shall apply.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part hereof is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The exclusive seat or place of jurisdiction shall be in Miami-Dade County, Florida.
The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
18. Applicable Law.
The laws of the State of Florida, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Website.
Notwithstanding any of these Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent your access to, and use of, the Website. Company reserves the right to refuse access to the Website to anyone, for any reason, at any time. In the event your access to the Website is terminated for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Website, or any other data.
20. Entire Agreement.
These Terms constitute the entire agreement between you and Company with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to you and your use of the Website. Modifications to the Terms that are not posted on the Website are not valid unless made in writing and signed by an authorized representative of Company. These Terms create no third-party beneficiary rights.
Any failure by Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
22. Force Majeure.
Company shall not be liable for any failure to perform any of its obligations hereunder where the failure results from any cause beyond Company’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation or any other cause whatsoever, which is beyond our reasonable control.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign, or delegate these Terms and our related rights and obligations without obtaining your consent.
25. Contact Us.
If you have any question regarding the use of the Website, please refer to our “How It Works” page. For all other questions or comments about the Website or its contents, please contact us by email at email@example.com or by mail at:
4770 Biscayne Blvd., Suite 600
Miami, Florida 33137
Last Updated: Dec 10, 2021