TERMS & CONDITIONS
Last Updated: June 14, 2009
PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY BEFORE USING LAWYERMENT SERVICES. By using Lawyerment website and products and services provided through or in connection with the Lawyerment website (collectively, "Lawyerment Services"), you signify your assent to the following terms and conditions (the "Terms and Conditions"). If you do not agree to the following Terms and Conditions, please do not use the Lawyerment Services. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Terms and Conditions at any time. Please check this Terms and Conditions periodically for changes. Each version of this Terms and Conditions will be identified at the top of this page by its effective date. Your continued use of Lawyerment Services following the posting of changes to this Terms and Conditions will mean you accept those changes.
Restrictions on Use of Materials
Unless otherwise noted, all materials, including, but not limited to, data, text, software, news articles, images, illustrations, designs, icons, photographs, and video clips that are part of the Lawyerment Services (collectively, the "Content") are protected by copyright and owned, controlled or licensed by Lawyerment.com. ("Lawyerment"), or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Lawyerment Services.
No Content from the Lawyerment Services may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from Lawyerment, or the copyright holder identified in the copyright notice contained in the Content.
If you wish to build a hyperlink to the Lawyerment Services, you may do so provided you agree to cease such link upon request from Lawyerment. No other use is permitted without prior written permission of Lawyerment.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose is a violation of Lawyerment's copyright and other proprietary rights. For purposes of this Terms and Conditions, the use of any Content on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Lawyerment.
Usage by Children Under 13
The Lawyerment Services is directed to adults and is not directed to children under the age of 13. Lawyerment cannot prohibit minors from using the Lawyerment Services. Lawyerment must rely on parents, guardians and those responsible for supervising children under the age of 13 to decide which materials are appropriate for such children to view and/or purchase. Lawyerment does not permit registration by and will not knowingly collect personally information from anyone under the age of 13.
Member Account, Password and Security
In consideration of your use of the Lawyerment Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malaysia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as promoted by the Lawyerment Services' registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or Lawyerment has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lawyerment has the right to suspend or terminate your account and refuse any and all current or future use of the Lawyerment Service (or any portion thereof).
You will receive a password and account designation upon completing the Lawyerment Services' registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Lawyerment of any unauthorised 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. Lawyerment cannot and will not be liable for any loss or damage arising from your failure to comply with this provision of the Terms and Conditions.
Email and Public Communication
You understand that all letters, emails or other types of communications to Lawyerment and messages or any materials posted, uploaded, transmitted or otherwise made available on Lawyerment Services (collectively "Materials") are the sole responsibility of the person from whom such Materials originated. You shall not upload to, distribute through, or otherwise publish through the Lawyerment Services any Materials which are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law.
The Lawyerment Services shall be used only in a non-commercial manner. You shall not, without Lawyerment express approval, distribute or otherwise publish any Materials containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Lawyerment Services to join or become members of any commercial online or off-line service or other organisation is expressly prohibited.
By making Materials available via the Lawyerment Services, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Contributions to Lawyerment
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Lawyerment, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Lawyerment is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Lawyerment 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) Lawyerment may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Lawyerment without any obligation of Lawyerment to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Lawyerment under any circumstances.
You agree to indemnify, defend and hold Lawyerment and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of the Terms and Conditions or use of the Lawyerment Services.
Your right to use the Lawyerment Services is not transferable. Any password or right given to you to obtain information is not transferable.
The Lawyerment Services are controlled and operated by Lawyerment from its office in Malaysia. Lawyerment makes no representation that the Lawyerment Services are appropriate or available for use in other locations. Those who choose to access the Lawyerment Services from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.
This Terms and Conditions is effective until terminated by either party. You may terminate this Terms and Conditions at any time by destroying all Content obtained from any and all Lawyerment Services and all related documentation and all copies and installations thereof, whether made under this Terms and Conditions or otherwise. The privileges granted to you by this Terms and Conditions, including the maintenance of member accounts, may terminate immediately without notice from Lawyerment. Cause for such termination shall include, but not be limited to, (a) failure to comply with any provision of this Terms and Conditions, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Lawyerment Services (or any part thereof), (e) unexpected technical or security issues or problem, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the Lawyerment Services. All terminations for cause shall be made in Lawyerment's sole discretion. Upon termination, you must destroy all Content obtained from the Lawyerment Services and all copies thereof, whether made under this Terms and Conditions or otherwise. Lawyerment may take such further action as Lawyerment determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Lawyerment shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Lawyerment's exercise of its rights under this Terms and Conditions.
THE LAWYERMENT SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAWYERMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAWYERMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY PRODUCT, SERVICES, OR CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE LAWYERMENT SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVER(S) THAT MAKES THE LAWYERMENT SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAWYERMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LAWYERMENT SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT LAWYERMENT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LAWYERMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU FOR ANY USE OR MISUSE OF OR RELIANCE ON THE LAWYERMENT SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS TERMS AND CONDITIONS OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LAWYERMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LAWYERMENT SERVICES, FROM INABILITY TO USE THE LAWYERMENT SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LAWYERMENT SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LAWYERMENT SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LAWYERMENT SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE LAWYERMENT SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LAWYERMENT SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE LAWYERMENT SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE LAWYERMENT SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Lawyerment and its subsidiaries, affiliates, officers, employees, agents, partners and licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, telecommunication equipment failures, Internet failures, electrical power failures, computer equipment failures, other equipment failures, labor disputes, strikes, riots, civil disturbances, insurrections, shortages of labour or materials, floods, fires, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or loss of or fluctuations in heat, light or air conditioning.
Not Legal Advice
The Lawyerment Services has been prepared by Lawyerment as a service to you and is not intended to constitute legal or professional advice. Lawyerment has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained on or linked to the Lawyerment Services. Your use of Content from the Lawyerment Services is at your sole risk.
Any reference made by the Lawyerment Services to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favouring by Lawyerment. Content and Materials on the Lawyerment Services may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Lawyerment.
Links to Other Websites and Services
To the extent that the Lawyerment Services contain links to outside services and resources, Lawyerment does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
This Terms and Conditions shall be governed by the laws of the State of Sabah without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Terms and Conditions shall be filed only in the Kota Kinabalu courts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Lawyerment Services and this Terms and Conditions must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between you and Lawyerment relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Lawyerment. To the extent that anything in or associated with the Lawyerment Services is in conflict or inconsistent with this Terms and Conditions, this Terms and Conditions shall take precedence. Lawyerment's failure to enforce any provision of this Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.