THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

Last revised: January, 2004

PLEASE READ THIS "TERMS OF USE" AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

Attorney Café, LLC ("we" "us", "AttorneyCafe") provides the website known as AttorneyCafe.com, as well as all services and products related to the website ("the Site"), including various newsletters ("Newsletters") and web templates (“Templates”) subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site, Newsletters, or Templates, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.

This Agreement is made between Attorney Café and you, the user and/or member of the Site ("you"). We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; or Change any fees or charges for use of the Site.

Be sure to review this Agreement periodically to ensure familiarity with the most current version.

Privacy

Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Code of Conduct

While using the Site you agree not to:

• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site;
• Use the Site for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
• Frame" or "mirror" any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about Site visitors or members without their express consent; or
• Permit anyone else whose account or subscription was terminated, or who is not a Attorney Café paid or trial subscriber, to use the Site through your subscription, username or password.
  
  While using the Site you agree to comply with all applicable laws, rules and regulations.

Registration for Subscription Sites

You must be 18 years of age or older to subscriber to this service. To have unlimited access to AttorneyCafe's service, you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You must be 18 years of age or older to subscribe to this service. Trial subscriptions are limited to one per subscriber per year.

You agree not to transfer or resell your use of or access to Attorney Café to any third party. If you are an Attorney Café subscriber, and you have reason to believe that your online account is no longer secure, you must promptly change your password by updating your account information and immediately notify us by emailing us at: info@AttorneyCafe.com.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT

Payment and Renewal

Current subscriptions for Attorney Café are available on AttorneyCafe's Sign Up page. Payment for your subscription is due in advance of the subscription period you select. Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription. The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins.

You agree to pay all fees and charges incurred in connection with your subscription to the Services (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

Cancellation

You may cancel your subscription to Attorney Café by notifying our Customer Service Department at either info@attorneycafe.com or calling 1-888-OWN-CAFE (Hours of operation: Monday-Friday 8:30 am- 5:30 pm CST). Cancellation will take effect no later than 10 business days after we receive your notification. Our refunds are as follows:

1. Monthly subscriptions will not be reimbursed or refunded.
2. Semi-Annual subscriptions will be reimbursed on a Pro-Rated basis at the ongoing Monthly Subscription fee (currently $39.95 per month) since the offer is to provide a discount to the consumer who chooses to commit to the Semi-Annual Plan.
3. Annual subscriptions will be reimbursed on a Pro-Rated basis at the ongoing Monthly Subscription fee (currently $39.95 per month) since the offer is to provide a discount to the consumer who chooses to commit to the Annual Plan.

Termination

This Agreement shall remain effective until terminated in accordance with its terms. Attorney Café may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any monies that may be due according to the cancellation policy as defined on the Site, to terminate this Agreement without cause.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials hosted by Attorney Café or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to: info@attorneycafe.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Ownership and Restrictions on Use

©2003 Attorney Café LLC. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the services and products on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. Modification of the services or products or use of the services or products for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
The "AttorneyCafe" tag line and logo are all trademarks and/or service marks of AttorneyCafe. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

Jurisdictional Issues

The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Links to Other Websites

The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

DISCLAIMERS

UNDER NO CIRCUMSTANCE IS Attorney Café LLC, OUR MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.

Limitation of Liability

Neither Attorney Café, nor its affiliates, suppliers, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any service or product purchased through the Site. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the Site.

No Warranties

A User understands and agrees that the Site is subject to the various unpredictable nature of electronic transmission, data storage and computer, server, or internet availability that can occasionally cause the Site to be unavailable for periods of time or may cause the loss of information, data or content. Attorney Café, LLC shall have no liability for such unavailability, or loss. Accordingly, A USER AGREES THAT ATTORNEY CAFÉ, LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR THE SERVICES SHALL BE AVAILABLE AT ALL TIMES, OR BE SECURE, OR WITHOUT ERROR OR MISTAKE OR THAT DATA OR OTHER CONTENT MAY NOT BE LOST. Moreover, THE SITE, AND ITS CONTENTS, ARE PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; QUIET ENJOYMENT; OR NON-INFRINGEMENT. ATTORNEY CAFÉ, LLC IS NOT RESPONSIBLE FOR ANY CONTENT ON THE SITE SUPPLIED BY ANY USER OR THIRD PARTY, OR FOR DAMAGES OR ANY CLAIM OF LOSS CAUSED BY THE INTERNET, COMPUTER, STORAGE, OR TRANSMISSION FAILURE, OR CONTENT ON THE SITE AND/OR OR THROUGH ANY RELATED LINK. FURTHERMORE, ATTORNEY CAFÉ, LLC DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY OF USER'S EXPECTATIONS.

Indemnification

You agree to indemnify, defend and hold us, our members, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services or products related to the Site. This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any action or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.

Miscellaneous:

MANDATORY ARBITRATION OF DISPUTES

ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE SUBSCRIBER AND THE COMPANY AND/OR ANY OF ITS’ EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.

A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of the American Arbitration Association or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the American arbitration Association. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.

THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION.

If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.

THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF TEXAS.

GENERAL

If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.

The terms and conditions of this Terms of Use Agreement may be edited and modified by Attorney Café at anytime.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AGREEMENT

Thank you.