Legal Information and Terms and Conditions of Use
Trademark Information:
LRC products, services, product names, service names, and
logos referenced on this site are either trademarks or registered trademarks of
Joseph Dimech, Attorney at Law, Legal Research Services, Inc. (hereinafter LRS).
LRS reserves all rights to its trademarks. LRS trademarks may not be used
without the prior written consent of LRS.
Ownership:
The Materials on this site are copyrighted and may not be
distributed, modified, or reproduced, in whole or in part, without the prior
written consent of LRS. Nothing contained on this site should be construed as
granting, by implication, estoppels, or otherwise, any license or right to use
any trademark, patent, copyright, or trade secret of LRS or of any third party.
Unauthorized use of LRS intellectual property or trade secrets will be
prosecuted to the full extent of the law.
Privacy Policy
LRS will treat your e-mail address in a confidential manner
and agrees that it will not sell or otherwise distribute it to third parties not
associated with LRS, including any comments or materials you provide, including
questions, ideas, suggestions, and research results. LRS may release or
use information if deemed legally necessary, or under subpoena. LRS may update this Privacy Policy at
any time without prior notice.
Terms and Conditions of Use:
1. LRS services and products are offered to and can be used
by only currently licensed attorneys, in good standing and authorized to
practice law in the state or jurisdiction for which they intend to use LRS legal
research products and services. You represent that you are such an attorney.
2. By delivering a LRS research product or service to you
(including any law or other entity through or within which you practice law,
collectively "YOU" or "YOUR"), LRS is granting to YOU a
non-transferable limited license to use the information contained therein solely in the regular
course of YOUR representation of clients. YOU agree and represent that YOU
bear sole responsibility for the use or distribution of all information contained in LRS
research products and services produced on YOUR behalf to the same
extent as if the information had been researched and/or created by YOU personally, and
that such information merges with and becomes part of YOUR work product and may
only be used by YOU as such in the regular course of YOUR practice. YOU shall no
copy or store in paper or electronic form any LRS research product or service for any
purpose other than YOUR representation of clients, and YOU shall not
under any circumstances distribute or communicate any LRS research product or
service (or copy thereof) to any client, entity or individual. Although you
are granted a limited license to use the information contained in LRS research products and
services as described above, LRS continues to own all products and
services it delivers to you as well as all related copyrights, for which all
rights are reserved. YOU also agree to use only in the representation of YOUR clients and not
to store or distribute in any form or for any purpose copies of any data or materials,
including without limitation case law, statutory law, regulations, treatises and law review
articles, produced or provided by third parties to LRS that may be appended to LRS research
products or services.
3. You represent and agree that: YOU have and will continue
to direct and supervise any research conducted by LRS, its members, contractors and/or
employees (collectively, "LRS") on your behalf as may be
necessary or appropriate to discharge your professional responsibility. YOU agree that
in your professional judgment this is satisfactorily accomplished by (a) instructing LRS
as to the specific legal issue to be researched, the controlling
law/jurisdiction, the legal sources to be researched, and the subject matter of the law involved and
statement of issue; (b) YOUR thorough, independent review of the results and product
delivered to you by LRS; and (c) providing to LRS such further instructions as
YOU deem necessary.
4. YOU represent and agree that: YOU bear sole and
exclusive responsibility for providing legal advice to YOUR clients and that LRS
undertakes no such responsibility and in no way creates an attorney-client
relationship with YOUR clients, YOU or any other person or entity. YOU represent and agree
that LRS is not in engaged in the provision of legal advice to YOU or
YOUR clients and that LRS is not engaged in the practice of law.
5. YOU represent and agree that: all agreements YOU
enter into with LRS are intended to be for the sole and exclusive benefit of
YOU and LRS and neither YOUR clients nor any other persons or entities have
any rights under such agreements nor are they intended to be third party
beneficiaries of such agreements nor to have any rights respecting enforcement thereof. YOU may not
assign or transfer any agreements you make with LRS to any person or entity
without LRS’s prior written consent.
6. YOU AGREE THAT: LRS PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. CONSEQUENTLY, LRS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, LRS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS,
CURRENT-NESS, USE, DELAYS, RELIABILITY OR RESULTS OF ANY LRS PRODUCT OR SERVICE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE TO THE CONTRARY GIVEN BY LRS OR ITS AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY DECREASE THE SCOPE OF THIS
WARRANTY DISCLAIMER. IN NO EVENT SHALL LRS OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES WHATSOEVER REGARDING ANY LRS PRODUCT OR SERVICE, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS, PUNITIVE OR
SPECIAL DAMAGES, EVEN IF LRS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOUR EXCLUSIVE REMEDY, AND LRS’S
ENTIRE LIABILITY, IF ANY, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF
CHARGES PAID BY YOU FOR THE SPECIFIC LRS PRODUCT OR SERVICE WHICH IS THE BASIS OF THE
CLAIM(S). IN NO WAY SHALL LRS OR ITS
SUPPLIERS BE LIABLE FOR ANY CLAIMS RELATING IN ANY WAY TO (a) YOUR INABILITY OR FAILURE TO PERFORM OR PROVIDE LEGAL OR
OTHER SERVICES OR DUTIES OR TO PERFORM OR PROVIDE LEGAL
OR OTHER SERVICES OR DUTIES PROPERLY, COMPLETELY OR
OTHERWISE, EVEN IF ASSISTED BY LRS, OR ANY DECISION MADE OR ACTION TAKEN BY YOU
IN RELIANCE UPON ANY LRS PRODUCT OR SERVICE OR (b) THE PROCURING, COMPILING,
INTERPRETING, EDITING, RESEARCHING, WRITING OR REPORTING OF LRS PRODUCTS OR
SERVICES. YOU ACKNOWLEDGE THAT THE PROVISION OF LRS PRODUCTS AND SERVICES ENTAILS THE LIKELIHOOD OF HUMAN
AND MACHINE ERRORS, DELAYS AND OMISSIONS. Notwithstanding
and as the single exception to the foregoing, with respect to the date
of delivery of accepted for orders, LRS guarantees that if it does not deliver a
requested product or service within the time accepted for delivery by LRS, it
will notify you at least one day in advance and refund you the purchase price
as YOUR exclusive remedy and LRS’s entire liability (unless you ask LRS to deliver
the requested order anyway, in which case there will be no such refund). If LRS
fails to notify you at least one day in advance (when more than two days were
agreed upon to provide the response), it will refund you double the purchase
price as YOUR exclusive remedy and LRS’s entire liability (unless you ask us
to deliver your order anyway, in which case there will be no such refund).
7. YOU agree to release, indemnify, defend and hold
harmless LRS and its suppliers from and against all manners of action, causes of
action, suits, claims, controversies, agreements, trespasses, torts, damages,
judgments, sums of money, debts, dues, demands, rights, losses, obligations and attorneys'
fees of any nature whatsoever, at law or in equity, including without limitation claims at
common law and under any federal, state or other governmental constitution, statute,
regulation, or ordinance, by any person or entity arising out of or related to YOUR use,
reliance upon or distribution of any LRS research product, service or portion thereof,
including without limitation claims by or on behalf of YOUR clients.
8. All requests for services and products from and
agreements with LRS are effective only upon communication to you of LRS’s
approval and acceptance in Colorado and are governed by the laws of Colorado
without regard to conflict of law provisions. All actions arising from or
related to such agreements shall be pursued exclusively in the state or federal
courts of Colorado.
9. YOU agree that: no claim, regardless of form, which in
any way arises out of any agreement between YOU and LRS may be made, nor action based
upon such agreement or claim brought, more than one year after
the basis for the claim becomes known to the party desiring to assert it.
10. YOU agree that: all agreements you enter with LRS are
lawful and consistent with public policy and your professional
responsibilities. Should any provision of such an 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.
11. This statement of Terms and Conditions, and the
applicable Order forms/screens as and when accepted by LRS, comprise the entire
understanding between the parties with respect to the subject matter thereof and
supersede any and all prior understandings and agreements, oral or written, related to
the subject matter.
12. YOU AGREE THAT YOUR ORDER IS A REQUEST FOR SERVICES
OR PRODUCTS ONLY. LRS DOES NOT ACCEPT THE ORDER OR AGREE TO PROVIDE THE SERVICES OR PRODUCTS UNTIL WE TRANSMIT TO YOU BY EMAIL OR FAX A FINAL CONFIRMATION AND ACCEPTANCE OF THE ORDER, PRICE AND DELIVERY DATE.
LRS RESERVES THE RIGHT TO REJECT ORDERS FOR ANY REASON.
13. References to particular product, programs, or services
do not imply that LRS intends to announce such products, programs, or services
in your area or jurisdiction. Nothing contained on this site should be construed
as a promotion or solicitation for any product, program, or services not
authorized by your jurisdiction's laws and/or regulations.
14. LRS makes no representations whatsoever regarding any
other Internet site accessible through this site. A link to a non-LRS site does
not constitute an LRS endorsement of such a site, its sponsor, its information
or content, or product or service offerings made on such a site or by its
sponsor. LRS takes no responsibility for the content or the use of such sites.
15. This policy is subject to change from time to time.
This policy was last updated on June 22, 2003.
