ATTORNEY TERMS OF SERVICE
TicketVoid, LLC, a Colorado limited liability company (â€œTicket Voidâ€) welcomes you to its website. Ticket Void provides numerous services and resources, including a lawyer advertising service, legal connection forums, driving information, insurance information, and personalized content (collectively, the â€œServiceâ€). Ticket Void provides the Service to you subject to the following Terms of Service (the â€œTOSâ€), which may be updated by Ticket Void from time to time. Ticket Void will post any changes to these TOS on its website and such changes shall take effect ten (10) days from such date. You can review the most current version of the TOS at any time at www.ticketvoid.com.
In addition, when using the Service, you and Ticket Void shall be subject to any other rules applicable to such Services, which may be posted from time to time. Ticket Void reserves the right in Ticket Voidâ€™s sole and absolute discretion to make changes without notice regarding its operating procedure. Ticket Void may also offer other services that are governed by different terms of service. Your use of the Service constitutes your agreement to all of the terms of the TOS. If you do not agree with all the terms of the TOS, please do not use the Service.
1. THE SERVICE
Description and Nature of Service
The Service is an nationwide legal connection web site that links clients to attorneys for the limited purpose of helping those charged with driving under the influence (â€œDUIâ€), driving while intoxicated (â€œDWIâ€), driving without a valid license, no proof of insurance, expired license plates, careless or reckless driving, failure to obey traffic signals, speeding and other traffic offenses (collectively, â€œTraffic Related Offensesâ€). There are two (2) groups of users on the Service: (a) attorneys who pay to advertise with the Service (â€œAttorneysâ€); and (b) users that use the service to resolve Traffic Related Offenses (â€œUsersâ€). The Service initially collects information from Users, including, but not limited to, the offense with which he or she is charged, the jurisdiction in which the offense occurred, and date and location of trial (collectively, the â€œUser Dataâ€). The User is then provided with a list of Attorneys that have advertised their availability and willingness to handle the case. The User then screens and selects an Attorney from the list provided to handle his or her case on his or her behalf.
Ticket Void does not guarantee that the Service shall be able to match you with a User or that there are Users in your area that are either capable of or willing to use the Service.
Compliance with Rules of Professional Conduct
The Service functions solely as an advertising service. To that end, the Service and Ticket Void makes reasonable efforts to operate within the criteria set forth in the American Bar Association (â€œABAâ€) Model Rules of Professional Conduct and state bar ethics rules (collectively, the â€œRulesâ€) for advertising services. To comply with the Rules, the Service and Ticket Void do not conduct or provide any substantive analysis of a Userâ€™s case. The Service and Ticket Void do not make any recommendations or representations about an Attorneyâ€™s competence, character, expertise, or specialties. The Service and Ticket Void will only provide an Attorneyâ€™s information to Users with issues arising in jurisdictions in which the Attorney is authorized to practice.
You agree that the TOS and your use of the Service is only applicable in states where the Service does not violate the Rules. You also agree that the Rules supersede any requirement set forth in the TOS. If use of the Service violates the Rules of the jurisdiction in which you practice, please do not use the Service.
Advertisements on and Communications from the Service
You understand and agree that the Service may include advertisements and that these advertisements are necessary for Ticket Void to provide the Service. You also understand and agree that you may receive certain communications from Ticket Void, such as service announcements, administrative messages, and the Ticket Void Newsletter, and that these communications are considered part of the Service. You will be given the opportunity to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
Modifications to the Service
Ticket Void reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ticket Void shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2. MEMBERSHIP WITH THE SERVICE
Your Attorney Obligations and Eligibility
In consideration for your use of the Service, you represent that you: (a) are legally authorized to practice law in the United States or other applicable jurisdiction in which you practice and intend to advertise, (b) are able to form a binding contract, (c) carry the minimum amount of malpractice insurance required by the jurisdiction(s) in which you are licensed to practice, and (d) have read the Rules applicable to the jurisdiction(s) in which you are licensed to practice. In addition, you represent that you are not a disbarred attorney within the United States or other applicable jurisdiction. As an Attorney on the Service, your use of the Service represents that you accept and agree to be personally bound by the TOS and these requirements. Ticket Void is not responsible for your compliance with these requirements.
You must provide complete and accurate information about yourself and your practice. You therefore agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Ticket Void subscription questionnaire, including, but not limited, to an accurate name, address, telephone number, and email address (collectively, the â€œSubscription Dataâ€), and (b) maintain and promptly update the Subscription Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Ticket Void has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Ticket Void has the right to suspend or terminate your use of the Service and refuse any and all current or future use of the Service (or any portion thereof).
The terms and conditions are set forth herein
Premium Members shall be sent one of the following communications to collect payment at the end of each month an email, spreadsheet or invoice. Payment of amount communicated in the spreadsheet, email or invoice shall constitute the acceptance of the Ticket Void terms of service agreement. Furthermore, payment by such law firm shall constitute the acceptance of the Ticket Void monthly or annual agreement.
Attorneys of the Service are obligated to respond to all User inquires within two (2) business days of receiving a potential client notification. Failure to be timely in your response may result in the suspension or termination of your use of the Service.
Registration, Password, and Security
By registering to use the Service, you become an Attorney on the Service and create an Attorney account (your â€œAccountâ€). The Attorney name you select will be identified with your Account. You will also be able to select a password to access your Account. Your Attorney name and password are your credentials to access your Account on the Service.
You are responsible for maintaining the confidentiality of your password and Account and are fully responsible for all activities that occur under your password or Account. You agree to (a) immediately notify Ticket Void of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Ticket Void cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4. TICKETVOIDâ€™S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (collectively, the â€œSoftwareâ€) contain proprietary and confidential information of Ticket Void that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Ticket Void or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works of or otherwise exploit based on the Service or the Software, in whole or in part.
5. TRADEMARK INFORMATION
Ticket Void and the Ticket Void logo, trademarks, and service marks, and other Ticket Void logos and product and service names are trademarks of Ticket Void (the â€œTicket Void Marksâ€). Without Ticket Voidâ€™s prior permission, you agree not to display or use in any manner the Ticket Void Marks and no right or license is granted to you by your use of the Service.
6. TERMS CONCERNING CONTENT SUBMITTED
You understand that all information, data, text, photographs, graphics, video, messages, tags, or other materials (collectively, the â€œContentâ€), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Ticket Void, is entirely responsible for all Content that you post, email, transmit, or otherwise make available via the Service. Ticket Void does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.
Ticket Void shall not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anotherâ€™s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a TicketVoid administrative officer, a Ticket Void employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, â€œjunk mail,â€ â€œspam,â€ â€œchain letters,â€ â€œpyramid schemes,â€ or any other form of solicitation;
(g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i) intentionally or unintentionally violate any applicable local, state, national or international law;
(j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; or
(k) â€œstalkâ€ or otherwise harass another.
You acknowledge that Ticket Void may or may not pre-screen Content, but that Ticket Void and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Ticket Void and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Ticket Void or submitted to Ticket Void, including without limitation, all parts of the Service.
You acknowledge, consent, and agree that Ticket Void may access, preserve, and disclose your Account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce the TOS, (c) respond to claims that any Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property, or personal safety of Ticket Void, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and the Software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Ticket Void and/or Content providers who provide Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Licenses to Content
Ticket Void does not claim ownership of the Content. However, with respect to the Content you submit or make available for inclusion on areas of the Service that Ticket Void intends to be available to the general public (collectively, â€œPublicly Accessible Areasâ€), you grant Ticket Void the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for Publicly Accessible Areas, the license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Content to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or Ticket Void removes such Content from the Service.
Contributions to the Service
By submitting ideas, suggestions, documents, and/or proposals (collectively, â€œContributionsâ€) to the Service through its feedback pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information, (b) Ticket Void is not under any obligation of confidentiality, express or implied, with respect to the Contributions, (c) Ticket Void shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide, (d) TicketVoid may have something similar to the Contributions already under consideration or in development, (e) your Contributions automatically become the property of Ticket Void without any obligation of Ticket Void to you, and (f) you are not entitled to any compensation or reimbursement of any kind from TicketVoid under any circumstances.
The Service or third parties may provide links to other Web sites or resources. Because Ticket Void has no control over such sites and resources, you acknowledge and agree that Ticket Void is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Ticket Void 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 site or resource.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with advertisers or Attorneys found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ticket Void shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
You agree to defend, hold harmless, and indemnify TicketVoid and its subsidiaries, affiliates, officers, managers, members, agents, employees, consultants, partners, and licensors from and against any and all losses, claims, costs, expenses, damages, or other liabilities incurred by Ticket Void from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Ticket Void: (a) in connection with your use of the Service, including any payment or Service obligations incurred through your use of the Service; or (b) resulting from: (i) your decision to supply payment information via the Service, including personal financial information, (ii) any breach of contract or other claims made by Users and Attorneys with whom you conducted business through the Service, (iii) your breach of any provision of the TOS, (iv) any liability arising from the tax treatment of payments or any portion thereof, (v) any negligent or intentional wrongdoing by any User or Attorney, (vi) any act or omission of yours, (vii) any Content you submit, post, transmit or otherwise make available through the Service, and/or (viii) your obligations to any User or Attorney. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
10. NO RESALE OF THE SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TICKET VOID PROVIDES THE SERVICE â€œAS IS,â€ â€œWITH ALL FAULTSâ€ AND â€œAS AVAILABLE.â€ TICKET VOID MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TICKET VOID DISCLAIMS ANY AND ALL IMPLIED WARRANTIES THAT THE SERVICE, ALL SOFTWARE, CONTENT, AND SERVICES DISTRIBUTED THROUGH THE SERVICE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. TICKETVOID DOES NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION, OR AVAILABLE AT ALL TIMES. TICKET VOID DOES NOT GUARANTEE THAT THE RESULTS OR ADVICE THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. TICKET VOID DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY TICKET VOID REPRESENTATIVE SHALL CREATE A WARRANTY. TICKET VOID ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY ATTORNEY OR USER COMMUNICATIONS, CONTENT, OR PERSONALIZED SETTINGS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TICKET VOID AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TICKET VOID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) YOUR INTERACTION WITH ANY ATTORNEY AS PART OF THIS SERVICE, (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (d) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THAT CASE, SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. HOWEVER, THIS TOS WILL BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY LAW IN THE STATE IN WHICH YOU RESIDE.
14. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to this TOS.
Ticket Void may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, postings on the Web site, or other reasonable means now known or hereinafter developed.
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
17. GENERAL COMPLIANCE WITH LAWS
By accessing the Service you agree to comply with all applicable laws, statutes, ordinances, and regulations, including those relating specifically to the legal profession, regarding your use of the Service.
18. ENTIRE AGREEMENT
19. CHOICE OF LAW AND FORUM
The TOS and the relationship between you and Ticket Void shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Ticket Void agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of Denver, Colorado.
The failure of Ticket Void to implement or enforce any right or condition of the TOS shall not constitute a waiver of such right or condition.
If any condition of the TOS is found by a court of competent jurisdiction to be void, the parties nevertheless agree that the court should endeavor to give effect to the partiesâ€™ intentions as reflected in the condition, and the other provisions of the TOS remain in full force and effect.
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created between you and Ticket Void by the TOS.
23. NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your Account is non-transferable and any rights to your Account or contents within your Account terminate upon your death. Upon receipt of a copy of a death certificate, your Account may be terminated and all contents therein permanently deleted.
You agree that Ticket Void may, under any circumstances and without prior notice, immediately terminate your Account, and access to the Service. Cause for such termination shall include, but is not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement, attorney regulation agencies, or other government agencies to discontinue your Account, (c) a request by you (in the form of a self-initiated account deletions), (d) failure to pay for Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, or (g) engagement by you in fraudulent or illegal activities.
Termination of your Account includes: (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Ticket Voidâ€™s sole discretion and that Ticket Void shall not be liable to you or any third party for any termination of your Account or access to the Service.
25. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to our customer service group at Steve@Ticketvoid.com.