overdTerms & Conditions
Attorney Site Solutions Master Agreement
Attorney Site Solutions, including our infrastructure, websites, support, and network (collectively referred to as “Service” or “Membership”) are all services of Design Lab LLC, dba Attorney Site Solutions (“Attorney Site Solutions”, “ATS ”, “our”, or “we”). By using the Services, the Attorney Site Solutions Membership account owner and/or user (“you”, “client“ or “your law firm”) agree to the following terms and conditions (“Terms of Service”).
1. Membership Overview.
1.1 General Overview. We take pride in providing attorneys a valuable service at a fair price. We charge a monthly Membership Fee (the “Membership Fee”) , plus a one-time setup fee (“Setup Fee”, further defined below) for each website. Throughout this agreement, use of the terms “website” and “site” will refer to a Attorney Site Solutions powered websites unless otherwise noted. When you first sign up, you will immediately be charged for the Setup Fee along with the first month’s Membership Fee, and then our system automatically bills your monthly Membership Fee on an ongoing monthly basis thereafter. Your Membership is month-to-month and you may discontinue service at any time without penalty or further obligation.
1.2 The Setup Fee. The Setup Fee includes the following:
Website Styling: We will style one Attorney Site Solutions website for you (“Website Styling”). You will choose a template, color palette, and images from our available selection. We will provide you with guidance in making your choices. Once you make your choices, we will create the site. The Setup Fee includes one optional round of revisions of colors and images.
Content Import: The Setup Fee includes optional content migration from an existing site into the Attorney Site Solutions system and your Attorney Site Solutions website. If the existing content falls outside of the core pages included with your website membership then additional fees may apply.
Included Pages: Each of our websites come standard with the following pages: Home, About Us, Attorneys Overview, (10) Attorney Profiles, (10) Practice Areas, Verdicts & Settlements, Blog (premium only), Testimonials & Contact Us. Any additional pages that are needed or want to be migrated from an existing website will incur an additional fee of $50 per page.
1.3 The Membership Fee. Your law firm’s monthly Membership is designed to provide you with the core infrastructure, support, and expertise necessary for you to grow your website and marketing without proportionally expanding overhead or spending your valuable time on technical details.
1.4 The Setup Process. The “Setup Process” is the work done between the beginning of your Attorney Site Solutions membership and the launch of your website, and concludes when your Attorney Site Solutions powered website is publicly viewable on the Presenter. The Setup Process is dependent on your cooperation and your collaboration. Any time estimates that we may give you for the launch of your website presume that you answer our questions by returning phone calls or emails within one business day, that you accept the design of your website with no more than one round of revisions, and that you have the login information for the registrar account in which your domain name resides (which is necessary to make your website “go live” on the internet).
1.5 Design and Customization Services. All Attorney Site Solutions sites come with setup design support. This means that we will configure your site using a pre-existing professional template and style it for you. You will have several templates to choose from. We have not agreed to provide you with custom design services unless a separate agreement exists specifying otherwise. By joining Attorney Site Solutions, you accept that there are limitations imposed by the functionality of the software that make some design or display elements fall under the category of “Custom Design”.
2. Payments, Renewal & Cancellation
2.1 Payment Terms. Our system requires a valid credit card to complete the sign-up process. Each month is paid in advance for the month to come. You will be billed automatically by our billing system on the same day each month, corresponding to the day of the month you signed up. Payment is not contingent on the launch of your website or websites, nor on any other event, and starts immediately upon registration and continues monthly thereafter for the duration of your Membership. You will pay us the applicable fees and charges for the use of the Service offerings as described above. All amounts payable under this agreement will be made without setoff or counterclaim, and without and deduction or withholding. All fees are non-refundable.
2.2 Failed Payments. If a credit card transaction is not approved, the system will send you an email requesting your updated credit card information. We will try to process the card again every 5 days for 15 days. If your account is not paid by the attempt on the 15th day after payment is due, our system will send you an email notifying you that your account is temporarily suspended, and will automatically suspend your account. When your account is suspended you will not be able to access your client dashboard(s) and all pages of your website will show a “Under Maintenance” screen. In the event that this happens, your account can be immediately reactivated by provided a valid credit card number and paying any past due balance. None of your data will be lost, as long as your account is restored within one year from the date of the suspension.
2.3 Canceling Your Membership. Your Attorney Site Solutions Membership is month-to-month, and you may cancel at any time without penalty. To cancel, send an email to firstname.lastname@example.org stating that you would like to cancel your account. We will then follow up with a phone call to confirm your request. Please note that we will need to connect with you on the phone to confirm your request in order to verify your identity and ownership of the account, and arrange for a smooth shutdown or transition to another system. If you choose to move away from the Attorney Site Solutions platform, you may take your website and content with you, including all images, videos, and audio files from your site that you own. We will create an export file of your entire website and send it to you if you wish to use it elsewhere. A one-time migration fee of $500 will apply if you wish for us to complete the entire migration process for you.
2.4 Canceling Overdue Accounts. You are free to cancel your account at any time. If your account has any past due balance then Attorney Site Solutions reserves the right to withhold any and all website files, content, code and backups that would be required to move your website elsewhere until all overdue accounts are paid in full.
2.5 Reactivating Canceled Membership. We realize that you may cancel your service for a variety of reasons and may wish to return in the future. If you cancel your account, we will preserve your data backup as you left it for a period of two years from the last date of service. Your account may be resumed at any time. To reactivate a closed account, call us or email your request to email@example.com. A one-time account reactivation fee of $500 will apply.
3. Your Responsibilities
3.1 Content. Content is the text and other information on your website and can include, but is not limited to, practice description pages, blog posts, attorney profiles, and other information. Producing content for your website is your sole responsibility. The Setup Fee does not include any content website creation or editing. You understand that in order for Attorney Site Solutions to work optimally for your firm you will need content on your website, and the more frequently you participate by adding high-quality content, the more likely you are to succeed.
3.2 Content Management. The primary account holder (the person who originally registers the Attorney Site Solutions account) is responsible for all content posted and activity that occurs on your website (even when content is posted by others to whom have access to your account). We encourage you to periodically audit the content on your site(s) to make sure that it is appropriate and ethics-complaint. You are responsible for ensuring that all content authored by users on your account complies with relevant advertising provisions of your jurisdictions’ regulations. In short, you agree to review all materials posted on your firm’s website(s) and blogs, and you assume full responsibility for all content.
3.3 Unlawful or prohibited use & Intellectual Property. We have a strict policy against posting scraped, stolen, or protected materials unless you own the copyright or have the express permission of the copyright holder. You avow that any pictures, video, and audio you post are yours to use. You agree to indemnify us, defend us and hold us harmless against claims and damages from any breach or alleged breach of copyright, trademark, patent, etc. resulting from actual or alleged misuse (intentional or inadvertent) of prohibited or protected materials. This includes any content that we either import into your site for you at your request, or that we assist you in importing at your request. If we are importing an existing site for you, you avow that all images, text, audio files, video files, and all other information on the site are yours to use and understand that we may import any and all images on your existing site unless we receive written notice from you, prior to importing the site, that specifies images that should not be imported. Attorney Site Solutions has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998.
3.4 Civility. No scammers, spammers, pornography, gambling or malware are allowed on the Attorney Site Solutions platform. This is to protect you, your law firm and other firms that are on our network. We reserve the right to remove any material that is offensive or illegal, including but not limited to pornography, gratuitously violent images, hate words, and “fighting words” used for the purpose of inciting hate or violence, but we have no affirmative obligation to do so. We are not responsible for policing your firm’s content, which remains your sole responsibility. If we suspect that your website has been breached and infected with any of this material, we reserve the right to temporarily disable your website and make repairs in order to protect our network.
3.5 Domain Name Registration. It’s important to us that you own and control your own domain name. We have no claim of ownership of your domain, and we strongly encourage you to make sure that your domain name is registered in a registrar account that you own and control. If you need help understanding this and making sure it’s done correctly, we’ll help you get this squared away during the setup phase of your Membership. You are responsible for the cost of registering and renewing domain names you use with your Attorney Site Solutions account. You must register your own domain with an outside registrar, and pay the registration and renewal fees independently of Attorney Site Solutions. We are not responsible for the management or security of your registrar account(s), nor the renewal of your domain names.
4.1 Modifications to the Service and Prices. We reserve the right to modify or discontinue, temporarily or permanently, any of our Services. Prices of all Services, including but not limited to monthly Membership Fees, are subject to change upon 90 days’ notice from us. Such notice may be provided at any time by posting the changes to the Attorney Site Solutions website. We also reserve the right to, without notice, charge any sales, service, excise, or any and every other form of tax, tariff, fee, or other method of payment lawfully demanded by the government of the United States, the State of New Jersey, your state, or any other relevant authority. You agree that any such tax is your responsibility, regardless of whether it is demanded prospectively or retroactively. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
5.1 You agree to indemnify, defend and hold harmless Attorney Site Solutions, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or any services provided or purchased, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Attorney Site Solutions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Attorney Site Solutions in asserting any available defenses.
6.1 We do not promise or take responsibility for achieving any particular level of new business for your firm. We agree to use best practices based on our opinions as to what is optimal. If you believe that any of our practices or advice are not optimal for you, your remedies are to not follow our advice and/or discontinue your service. We don’t claim to be able to exert any special influence over the search engines. Acceptable search engine optimization (“ SEO ”) practices have evolved and changed rapidly over the past decade (and will continue to do so). Therefore, a common, objective, and quantifiable framework for SEO deliverables is impossible to define and we make no specific promises of SEO activities, rankings or results. We will, however, guide your firm to use best practices to attract clients through search engines in a sustainable way that we believe is relevant to the generation of the best long-term return on investment (ROI).
7. Limitation of Liability
7.1 You will not hold Attorney Site Solutions liable for any loss of revenue or profits or for any other consequential, incidental, indirect or economic damages incurred or suffered by Client arising as a result of or related to the Services, whether in contract, tort, or otherwise, even if Client has been advised of the possibility of such loss or damages. In no event will Attorney Site Solutions be liable for any loss of data that may occur, regardless of the cause of such loss of data. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites.
7.2 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
7.3 Sensitive Client Information. We are not responsible for any interception, dissemination, or any other breach of confidential client information transmitted using any feature in Attorney Site Solutions, including but not limited to Forms, Social Media, the Attorney Site Solutions network, and the Attorney Site Solutions blogging and site creation features. You agree to take full responsibility for adding disclaimers and warnings to any form that may encourage the transmission of confidential information, and indemnify and hold harmless Attorney Site Solutions and its vendors and partners against any real or alleged damages resulting from the use of Attorney Site Solutions in regards to client information.
7.4 Use of Our Software and Infrastructure. You understand that we use third-party vendors and partners to provide the necessary hardware, networking, storage, and related technology required to run the Service. We reserve the right to change, modify or add to our software infrastructure at any time. You may not remove the Attorney Site Solutions footer branding from your site(s), nor cause another person to remove it without our permission. You may not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission. You may not upload, post, host, or transmit unsolicited emails that violate CANSPAM or SMSs, or are “spam” messages, worms, viruses, or any malicious or predatory code using our system.
7.5 IN NO EVENT WILL THE SERVICE PROVIDER BE LIABLE TO CLIENT OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED WITH CLIENT FOR ANY CLAIM, LOSS, OR DAMAGE OR ANY KIND OR NATURE; WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. ANY INTERRUPTION OR LOSS OF SERVICE OR USE OF SOFTWARE, OR ANY FILES, DATA, OR OTHER COMPUTER SYSTEMS SHALL IN NO WAY CAUSE LIABILITY TO SERVICE PROVIDER, ANY SOFTWARE FAILURE OR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR LOSS OR DAMAGE OF ANY KIND OR NATURE RESULTING FROM THE FOREGOING, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SHOULD NOT BE ASSUMED BY THE SERVICE PROVIDER.
8. General Conditions
8.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We do not warrant that: (i) the service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the Service will be corrected.
8.2 You agree that we are not liable 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 we have been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, messages received, or transactions entered into, through, or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service and website.
8.3 Failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. These Terms of Service constitutes the entire agreement between you and Attorney Site Solutions and govern your use of the Service, and, when conflicting, supersede any prior agreements between you and Attorney Site Solutions (including, but not limited to, any prior versions of the Terms of Service). Any agreements for Add-on Services will be read in conjunction with the version of these Terms of Service unless otherwise stated in that agreement.
8.4 Any dispute or disagreement arising between the parties shall be resolved by binding arbitration in Union County, New Jersey. The laws of the State of New Jersey shall govern such arbitration. Should litigation be necessary, the parties agree that the exclusive jurisdiction and venue will be in the Superior Court of Union County, State of New Jersey, and that New Jersey law will be used.
8.5 Design Credit. Client agrees that Attorney Site Solutions may put a byline on the bottom of their website for establishing design and development credit. Client also agrees that their website may be included in our portfolio at www.attorneysitesolutions.com
9. Entire Agreement
All parties hereto are in agreement to the terms and conditions of the document in it’s entirely. All Services rendered in accordance with this Attorney Site Solutions Master Agreement.