Terms of Use - Senior Care Counsel

Terms of Use

TERMS OF USE

ACCEPTANCE OF TERMS. Senior Care Counsel, LLC (“SCC”) provides this website at seniorcarecounsel.com (referred to hereafter as “the Website”) for use by consumers and businesses. By using the Website in any way, The User is agreeing to comply with the Terms of Use. Should The User object to any term or condition of the Terms of Use or any guideline of the Website, The User’s only recourse is to immediately discontinue use of the Website.

CHANGES TO THE TERMS OF USE. We reserve the right, at our sole discretion, to change, modify, or alter the Terms of Use at any time. Such changes shall become effective immediately upon the posting thereof. The most current version of the Terms of Use will be linked from the footer of the Website. The User must review the Terms of Use on a regular basis and remain apprised of any changes. Continued use of SCC’s website and/or services shall constitute acceptance of these Terms of Use, including all changes thereto.

CONDUCT. The User agrees not to post any text, files, images, video, audio, or other materials (“Content”) or use the Website in any way that:
•    infringes any intellectual property rights of any party, including patent, trademark, trade secret, copyright, or other proprietary rights;
•    violates any state, federal, or other law;
•    threatens, harasses, or is libelous against or toward another person/persons or entity/entities;
•    is harmful to minors;
•    contains self-benefiting advertising or marketing in public areas of the Website that have not been paid for and are not designated for the addition of promotional content;
•    produces viruses, malware, ransomware, code, or other mechanism harmful to other computers and/or applications whether software or web platform based;
•    disrupts the normal dialogue of The Users of the Website;
•    employs misleading, false, and/or defamatory information;
•    uses forged items to manipulate identifiers in order to disguise the origin of Content.

You agree not to reverse engineer, reconstruct, decompile, or otherwise attempt to discover any source code contained in the Website.

Unless The User receives explicit permission, he or she agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Website. Any business that registers with a listing or purchases advertising or any other service (“Customer”) has the right and permission to manage their listing or purchased advertising or other service to their commercial benefit so long as they do not violate the codes of conduct identified above and/or the terms and conditions identified on this page.

PRIVACY. Please review our Privacy Policy for details on the SCC’s collection, disclosure, and use of personally identifiable information and privacy matters. Use of the Website is based on The User’s agreement to the Privacy Policy and Terms of Use. These Terms of Use incorporate our Privacy Policy in its entirety as if set forth herein.

DISCLAIMER OF OBTAINED INFORMATION. SCC provides legal professionals and potential clients with a forum that functions as a marketplace for services. SCC is not responsible for the content of materials posted on its Website(s). The opinions and views expressed are those of the individual The Users of SCC’s Website and service(s) and do not reflect those of SCC. Data submitted by other The Users (both attorneys and lay persons) is not verified or reviewed in any way before it appears on the SCC Web site. SCC does not warrant the validity or accuracy of any such information. Please use caution and common sense when using this site.

SCC does not continuously review the standing of any attorney subscriber with any regulatory authority. When considering employing any attorney or law firm, The Users should check the attorney’s standing with the state bar. When considering employing a non-attorney legal service provider, The Users should check with the jurisdiction-specific regulatory body.

SCC makes every effort to verify that attorneys who subscribe to its Service are licensed and in good standing in at least one state within the United States at the time of registration. However, SCC is unable to track, verify, or monitor the standing of each attorney using its Service. Therefore, SCC makes no representation regarding the status, standing or ability of any attorney or law firm that submits bids, or is listed through this Web site.

The Users are urged to make their own independent investigation and evaluation of any firm being considered. The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise, or on the cost of rendering the requested legal services.

SCC is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by an attorney or law firm. Please be aware that no agency or board may have certified such attorney as a specialist or expert in any indicated field of law practice. In addition, an attorney claiming specialization is not necessarily any more expert or competent than other attorneys. It is up to The User to question the attorneys and providers on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.

The Users are encouraged to use caution when reviewing any information submitted by attorneys and other parties. Although SCC strongly encourages attorneys to comply with all regulations governing attorney conduct, it is impossible for SCC to monitor members’ integrity or compliance with applicable rules of conduct.

SCC in no way endorses the content or legality of any responses, statements, or promises made by attorneys or any other parties, on or off this site.

CONTENT; CONSUMER USE. The User understands that all Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Content originated.  The User understands that SCC does not control, and is not responsible for Content made available through the Website, and that by using the Website, The User may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

If The User believes that Content on the Website violates The User’s  copyright(s), The User may file a Digital Millennium Copyright Act (DMCA) notification by submitting The User’s  claim via email to info@seniorcarecounsel.com, or via mail to 1234 Enterprise Dr, De Pere, Wisconsin 54115 with supporting documentation to establish The User’s  rights. In order for us to process The User’s  claim, The User must fully comply with the laws established by the DMCA, which, in summary, include (a) notification to the correct party; (b) delivery of The User’s  notification via fax, email, or registered mail; (c) clear identification of the date and The User’s  jurisdiction, including The User’s  contact information; (d) clear identification of The User and his or her website; (e) clear identification of the copyright violator; (f) clearly outline the copyright violations using searches, screenshots, and so forth; (g) demand removal of the offending material; and (h) attest, under penalty of perjury, that The User is the owner of the copyright and include The User’s copyright registration information, if registered.

By adding, contributing, or supplementing Content on the Website, The User grants, and The User represents and warrants, that The User has the right to grant to SCC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content.

Company does not endorse nor certify content that is posted on the Website. All information anywhere on the Website including, but not limited to, information provided by SCC, SCC partners, seniorcarecounsel.com members, and general Website The Users, whether provided by an attorney or non-attorney, is not posted confidentially and shall not create attorney/client privilege and is intended as general information to start legal research and shall not be used in place of a one-on-one dialogue with an attorney licensed in The User’s  area and familiar with The User’s  particular legal issue.

Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with The User’s circumstances. The legal information on this Website is not legal advice and is not guaranteed to be correct for The User’s jurisdiction or circumstances, complete, or up to date. Laws change rapidly and SCC cannot guarantee that all the information on the Website is current.

Laws are different from jurisdiction to jurisdiction. Laws are subject to interpretation by different courts and the precedent of previous case law which may or may not be applicable to The User’s situation. The application of law to any set of facts is a highly specialized skill, practiced by attorneys.

Recommended use of the Website is to find one or more attorneys who can represent you, to interview such attorney(s) to determine the best fit based on The User’s  own representation criteria, and to check with The User’s  state bar association or other licensing authority to confirm the status of that attorney’s license to practice before retaining such attorney. SCC does not endorse or certify attorneys who are listed in the seniorcarecounsel.com directory or advertise on the Website.

This Website and some of the Content on this Website contain links to other resources on the Internet. Such links are provided as aids to assist the The User in locating resources that may be of interest and are not intended to state or imply that SCC sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in said links.

Information on the SCC Website may be outdated due to the date and the method of the collection and may be incorrect. If The User finds information on the Website believed to be in error, please contact us with the specifics and we will investigate the matter and update the information as deemed appropriate by SCC. SCC also reserves the right in its sole discretion to remove from the Website any information that the SCC deems to be false, misleading, or inappropriate, or for any other reason.

Information provided by SCC is proprietary to SCC. This information is licensed for The User’s  personal or professional use and may not be resold or provided to others. The User may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and The User will not make such SCC information available in whole or in part to any other The User in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information. If The User’s information is listed and The User wishes to be removed from the directory, The User should submit a request in writing via the Contact Us area.

CONTENT; ATTORNEY USE. By adding a new listing to the seniorcarecounsel.com directory and advertising on the Website, the Attorney certifies that the information provided is accurate and truthful and that the Attorney is in good standing with his or her local licensing authority/applicable state bar and that the Attorney is licensed to practice law in his or her state(s). To the extent, while the Attorney has an active profile on seniorcarecounsel.com, there is a change in the Attorney’s status with any bar association or the Attorney becomes the subject of any disciplinary action by any bar association, it is the Attorney’s  responsibility to update his or her listing to reflect the new status and The User must immediately notify seniorcarecounsel.com of such change. The Attorney agrees to indemnify and hold SCC harmless for any and all claims arising out of the Attorney’s failure to provide accurate and updated information under this section.

DATA RETRIEVAL. Company allows the crawlers of Google, Yahoo, Bing, and Ask to retrieve the Website pages automatically. The use of other automated tools that can impact the performance of the site to download and/or manipulate data from the Website is expressly prohibited.

CONSENT TO RECEIVE EMAIL, PHONE, TEXT MESSAGES. By using the Website, The User consents to receive sms text, email and phone messages from SCC. Any messages that are not SCC account and service related will allow The User to opt out of the receipt of such messages; provided however, The User may not opt out of receiving SCC account and service related messages that relate to the provision and management of The User’s  listing and service at seniorcarecounsel.com. To be removed from the SCC account and service-related messages, The User may delete his or her account at Website and discontinue use of SCC services. The Users should submit a request to delete his or her via the Contact Us page.

LIMITATIONS AND TERMINATION. Company may create limitations of The User’s  use of the Website including, but not limited to, the number of times The User may access the Website and the amount of information that The User may post to the Website. Limitations can include full termination of The User’s  access to the Website and The User agrees that SCC has the right at any time, in its sole discretion, with or without notice, to modify or discontinue the Website (or any part thereof), to delete or deactivate The User’s  account and immediately remove and discard any Content within the Website. SCC’s right to terminate shall also apply to the termination of services that are paid for by Customer and sole compensation for termination of such paid services, if the termination is initiated by the SCC, shall be a pro-rated refund based on the remaining time left on such service(s); provided however, no refund shall be due if termination was the result of a violation by The User of the Terms of Service. The User shall have the right to terminate any paid service prior to any renewal date in which case The User’s  service will not renew at the renewal date and no renewal costs will be charged; however, The User will not receive a pro-rated refund for the time remaining until the end of the current period unless The User terminate pursuant to a SCC satisfaction guarantee and The User terminate within the guarantee period and according to the guarantee requirements in which case the guarantee provisions will apply. Cancellation request must be submitted via email to [SCC support email] in order for service to be terminated prior to the next scheduled billing date. Further, The User agrees that SCC shall not be liable to him or her or any third-party for any termination of The User’s  access to the Website whether a free or paid service and for the disruption or loss of business that may or may not result from the SCC terminating the Website or The User’s  service(s) on the Website.

DISCLAIMER OF WARRANTIES. THE SCC WEBSITE AND ANY INCLUDED SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, ERRORS, VIRUSES, MERCHANTABLE AND THAT IT IS FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. The User’s  USE OF THE WEBSITE IS AT The User’s  OWN RISK. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to The User insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY. SCC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM The User’s  USE OF THE WEBSITE INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM The User’s  INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, MODIFICATION, OR TERMINATION OF THE WEBSITE OR ANY SERVICE OR PART THEREOF.

NO ATTORNEY-CLIENT RELATIONSHIP & CONFIDENTIALITY. The User acknowledges that no attorney-client relationship is, or will be, formed using this website, and that The User has no expectation of privacy or confidentiality of communications occurring through this website. Hiring an attorney is a critical decision and should not be predicated solely on comments, recommendations, advertisements, The User Content or other posted materials contained this Website or any other website. The User’s use of any feature or service on the SCC website does not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. The User should not send, post, distribute, or otherwise publish sensitive or confidential information via the SCC website; it is possible that information posted and/or sent via the Internet might be intercepted and read by third parties. Attorneys and firms utilizing SCC’s services may not choose to accept The User as a client. 

INDEMNITY. The User agrees to indemnify and hold SCC, its officers, directors, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content The User adds to the Website, The User’s  use of the Website, The User’s  violation of the Terms of Use, The User’s  breach of any of the representations and warranties herein, or The User’s  violation of any rights of another. The User agrees that SCC is not responsible for any harm that use of its website and/or service(s) may cause. 

JURISDICTION. The Terms of Use shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions and SCC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Wisconsin.

PARTIAL INVALIDITY AND WAIVER. If any court in any jurisdiction determines that any provision of these Terms of Use is invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions. The waiver or failure of SCC to exercise in any respect any right provided for in this Terms of Use shall not be deemed a waiver of any further right under this Agreement.

VIOLATION OF TERMS. The User agrees that monetary damages may not be a sufficient remedy for any breach of this Agreement and that SCC shall be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

ENTIRE AGREEMENT. The Terms of Use constitute the entire agreement between The User and SCC and govern The User’s use of the Website, superseding any prior agreements between The User and SCC.

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