1. Welcome to BigLawHire.com.
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms", "Terms of Use", or "Agreement") CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
These Terms of Use describe the terms and conditions that govern your use of BigLawHire.com (“the Site”). The Site is owned by Contract Counselors LLC (“We” or “Us”). You accept and agree to be bound by these Terms of Use when you use the Site. By using the Site, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Site.
We may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. We may change or discontinue any aspect, service or feature of the Site at any time.
You may be given the opportunity to register via an online registration form to create a user account ("Your Account") that may allow you to receive information from the Site and/or to participate in certain features on the Site. We will use the information you provide in accordance with our Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or user name. You acknowledge and agree that we may rely on this password or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.
You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
2. Use of the Site
By using the Site you acknowledge that the content provided on the Site is for informational purposes only. The content on the Site is based on publicly available information. We make no representations or warranties that any content on the Site is accurate or complete. We have no obligations to perform any service or any act in response to any inquiry or request for information from any User of the Site. The job listings set forth on the Site are based on publicly available information and may or may not be accurate. We make no representation that we are affiliated with or working with the company listed in such job posts. Rather, such job posts are for informational purposes only and are based on publicly available facts. By submitting your resume to us and requesting a recruiter or requesting more information, you consent to us providing your personal information to a recruiter, including a third-party recruiter.
You are solely responsible for your use of the Site and you use it at your own risk. You must be 18 years or older to use the Site. By using the Site you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that:
• violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
• you know to be false, misleading or inaccurate.
• contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
• is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.
• contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
• You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
• You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
• You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
We reserve the right in our sole discretion to terminate Your Account for any reason.
We do not vouch for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site.
User Content submitted by you will be considered non-confidential and we are under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to edit, delete or otherwise modify User Content once it has been submitted to us. We shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content on the Site, in whole or in part.
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Site. Under no circumstances will we be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. We are not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Use of the site is exclusively for attorneys looking for job opportunities. By accessing and making an account on the Site, you confirm that you are an attorney and you are not a recruiter or headhunter or engaged in staffing or recruiting of attorneys. You agree not to use the Site to conduct any staffing or recruiting with respect to attorneys. You agree not to use the Site to develop a competing site or to compete with Big Law Hire. We may delete your account for any reason at any time, including if it appears you are not actively looking for attorney jobs or you are actively engaged as a recruiter or headhunter or similar role.
3. Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE.
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.
4. Indemnification.
You agree to defend, indemnify and hold harmless, us and our affiliates from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by you or your Account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
5. Termination.
We may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate Your Account in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use.
6. Trademarks.
We own all rights to the BigLawHire logo and trademark used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
7. Governing Law and Venue.
The content, data, and other material and features on the Site are presented for news and informational purposes. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Texas applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law.
8. Dispute Resolution.
Our customer-service department can resolve most customer concerns quickly and to the customer's satisfaction. In the unlikely event that you're not satisfied with customer service's solution (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Texas before one arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (JAMS) pursuant to its Comprehensive Arbitration Rules and Procedures, unless the parties agree otherwise in writing. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us will be resolved by this binding, individual arbitration and you and we hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. You further agree you may bring claims only on your own behalf. You further agree you are giving up your right to participate as a class representative or class member on any claims you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
You agree that in the event you assert any claims against us which are denied in whole or in part, you are responsible for paying any legal fees incurred by us in defense of such claims. You also agree that regardless of whether your claims are successful or not, you are responsible for your own expenses and legal fees in pursuing such claims, and we are not responsible for reimbursing such expenses and fees.
9. Copyrights.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact support@biglawhire.com.
Effective 7/28/2022