Disclaimer

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Disability Marketing, dba DL Marketing, LLC

These terms and conditions govern your use of this website. By using this website, you impliedly and expressly consent to these terms and conditions in full. You must be at least 18 years of age to use this website; by using this website you are both agreeing to its terms and conditions and representing and warrantying that you are at least 18 years of age.

If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

DL Marketing, LLC reserves the right to change these terms and conditions without notice, and users agree to be bound by such changes. All changes are effective as of their date of publication.

These terms and conditions comprise the entire agreement between you and DL Marketing, LLC with regard to your use of this website, and supersede any and all previous agreements.

Copyright Notice

Unless otherwise stated, Disability Marketing, dba DL Marketing, LLC, owns all intellectual property rights, both now and arising in the future, in this website and the material therein. Nothing on this site shall be construed as granting, whether by implication, estoppel, or otherwise, any license or right to use any intellectual property, including but not limited to that related to content, trademarks, logos or service marks displayed on the site, without the express written consent of DL Marketing, LLC.

These intellectual property rights are reserved subject to the license below:

You may view, download for caching purposes and/or print pages from the website for your own personal use, subject to the restrictions enumerated below and elsewhere in this Terms and Conditions document.

You must not:

  • Republish material from this website, up to and including republication on another website;
  • Sell, rent, assign the rights to, or otherwise sub-license material from this website to any other person;
  • Display any material from this website in public, for monetary gain or otherwise;
  • Reproduce, duplicate, copy or otherwise utilize material from this website for any commercial purpose;
  • Edit or otherwise modify any material on this website; or
  • Redistribute any material from this website, except for content expressly and specifically made available for redistribution by DL Marketing, LLC

Acceptable Use

The material provided on this website is intended for your own informational use. Using this website in any way that damages or otherwise impairs the availability or accessibility of this website, or any use that is unlawful, fraudulent, illegal or harmful, alone or in connection with any unlawful, fraudulent, illegal or harmful activity, is strictly prohibited.

You may not use this website for any of the following:

  • Copy, store, host, transmit, send, publish, distribute or otherwise use any material that consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software (malware)
  • Conduct any data collection activities, whether systematic or occasional, including but not limited to scraping, data mining, data extraction and/or data harvesting, either directly on or in relation to this website, without the express written consent of DL Marketing, LLC
  • Use this website for any marketing purpose, whether stated or implied and however continuous or occasional, without the express written consent of DL Marketing, LLC
  • Use this website in a way that interferes with any other person’s use or enjoyment of the website, or in any way that is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable to, or in breach of, any applicable law, regulation or governmental order.

Access Restrictions

DL Marketing may, at its sole discretion, restrict access to certain portions of this website, up to and including the entirety. Notwithstanding any other rights or remedies available to it, DL Marketing reserves the right to terminate any license or other access permission granted to any user, or block any user from the website in the event of any breach by such user of any of the terms and conditions contained herein.

Moreover, without prejudice to any rights granted herein, DL Marketing reserves the right to amend, edit or abbreviate, or take down any content in this website, at its sole discretion.

User Content

As used herein, “your user content” means material, including but not limited to text, images, audio material, video material or any combination thereof, that you submit to this website.

Upon submitting user content to this website as defined above, you hereby grant to DL Marketing, LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and/or distribute said user content in any existing or future media. You also grant to DL Marketing, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action, including that which is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint, whether against you, DL Marketing, LLC or a third party, under any applicable law.

Moreover, Dl Marketing, LLC expressly reserves the right to edit or remove any user content submitted to this website, whether hosted or published on this website or stored on DL Marketing, LLC’s servers.

No Warranties

This website is provided by DL Marketing, LLC on an “as is” basis, with no representations or warranties either express or implied.

The generality of the foregoing paragraph notwithstanding, and to the maximum extent permitted by the law, DL Marketing, LLC provides no warranties, whether express or implied, as to the accuracy, suitability for any purpose, or completeness of any of the material on this website.

Further, DL Marketing, LLC makes no representations or warranties that this website will be available, continuously or at all.

None of the material on this website either constitutes, or is intended to constitute, advice, whether legal or otherwise, and anyone needing advice on any legal, financial or medical matter should seek an appropriately licensed professional.

Limitation of Liability

DL Marketing, LLC will not be liable to you, whether under the law of contracts, torts, or otherwise, in relation to the contents of this website, its use thereof, or otherwise.

Nothing in these terms and conditions will make DL Marketing, LLC liable to you with regard to:

  • any direct losses, to the extent this website is provided free of charge;
  • any special, indirect or consequential loss;
  • or any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.

Other Parties

Your use of this website indicates you agree that DL Marketing, LLC, as a limited-liability entity, has a legitimate interest in personal liability of its officers and employees. Your use of this website indicates your agreement not to bring any claim personally against any of DL Marketing, LLC’s officers or employees with regard to any losses you may suffer in connection with this website.

Without prejudice to the foregoing paragraph, you further agree that the limitations of warranty and liability detailed herein will protect DL Marketing, LLC as well as its officers, employees, agents, subsidiaries, assigns, successors and subcontractors.

Attorney Ethics Notice

If you are an attorney participating in any aspect of this website, you hereby acknowledge that the applicable rules of professional conduct in your state(s) of bar admission apply to all aspects of your participation herein; you further agree that you will abide by such rules.

The above reference to “rules” includes, but is not limited to, rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact.

DL Marketing, LLC hereby disclaims all responsibility for your compliance or noncompliance with those rules of professional conduct applicable in your state(s) of admission.

Unenforceable Provisions

In the event any aspect of this terms and conditions document either is unenforceable, or is found to be unenforceable, under applicable law, that finding shall not affect the enforceability of the remaining provisions in this terms and conditions document.

Indemnity

You hereby agree to indemnify DL Marketing, LLC at all times against any actions, claims, proceedings, or liabilities related to or arising from your use of this website, whether that use is consistent with or in breach of these terms and conditions; indemnifiable amounts include, without limitation, any and all legal expenses or any amounts paid by DL Marketing, LLC to a third party in settlement of a claim or dispute incurred or suffered by DL Marketing, LLC, arising from your use of this website.

Breach

Without prejudice to DL Marketing, LLC’s other rights under this agreement, in the event that you breach these terms and conditions in any way, DL Marketing, LLC reserves the right to take appropriate actions against you; such actions may include one or more of the following:

  • Suspend or terminate your access to the website;
  • Block your computer’s IP address from accessing the website;
  • Requesting that your internet service provider block your access to the website; and/or
  • Bring court proceedings against you

Assignment

DL Marketing, LLC may hereby transfer, subcontract, or otherwise handle its rights and obligations under these terms and conditions without notifying you, and without your consent. You are, however, prohibited under these terms and conditions from transferring, subcontracting or otherwise alienating your rights and obligations.

Severability

If one or more provisions of this document is found to be unlawful or otherwise unenforceable by any court or other competent authority, the remaining provisions shall continue in effect. If any unlawful or otherwise unenforceable provision would be lawful or enforceable if a portion of it was deleted, then that portion shall be deemed deleted and the remainder of the provision shall continue in effect.

Jurisdiction and Choice of Law

These terms and conditions are governed by, and will be construed according to, the laws of the state of North Carolina, and any disputes related to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Durham County, North Carolina.

This website is an online legal information resource operated by DL Marketing, LLC. DL Marketing, LLC is not a law firm. It is a marketing company that is paid by attorney- and non-attorney advocates to operate the website. Accordingly, the information presented on the website is general legal information and is not legal advice in any way, shape or form.

Users of this website should not consider this information to be legal advice, and users should consult licensed legal counsel before taking any actions or making any decisions based on this website’s information. Your decision about obtaining services, if any, is very important and should involve licensed legal counsel, not a website or advertisement.

Reading the information on this website does not create an attorney-client relationship for any purpose, nor does sending any e-mail to this website, as DL Marketing, LLC is not a law firm and does not offer legal representation.

Further, DL Marketing, LLC makes no representation, guarantee or warranty as to the legal ability, competence, or quality of representation or service by any attorney, law firm, non-attorney advocate or any advertiser mentioned on this website.

If you have questions or concerns about these terms and conditions, please contact us at:

Disability Law Marketing, dba DL Marketing, LLC

4819 Emperor Blvd., Suite 400

Durham, NC 27703

A note about attorney Certification and Specialists:

Certain Bar associations require additional disclaimers about attorneys describing themselves as “specialists.” The following is a list of such disclaimers:

Alabama

No communication concerning a lawyer’s services shall be published or

broadcast, unless it contains the following language, which shall be clearly legible or audible, as the case may be: “No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.” Alabama Rules of Professional Conduct 7.2(e)(1997).

Alaska

A lawyer may communicate the fact that the lawyer has been certified as a specialist in a field of law by a named organization, provided that the communication clearly states the Alaska Bar Association does not accredit or endorse certifying organizations. Alaska Rules of Professional Conduct 7.4(a)(2)(1993).

Colorado

In any advertisement in which a lawyer affirmatively claims to be certified in any area of the law, such advertisement shall contain the following disclosure: “Colorado does not certify lawyers as specialists in any field.”  This disclaimer is not required where the information concerning the lawyer’s services is contained in a law list, law directory or a publication intended primarily for use of the legal profession. Colorado Rules of Professional Conduct 7.4(e)(1997).

Florida

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Florida Rules of Professional Conduct 4-7.3(b)(2002).

Hawaii

A lawyer may communicate the fact that the lawyer is certified as a specialist in a field of law by a named organization, provided that the communication

(1)   is not false or misleading within the meaning of Rule 7.1 of these Rules,

(2)   clearly states the name of the certifying organization, and;

(3)   is accompanied by a statement that “The Supreme Court of Hawai‘i grants Hawai‘i certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.” Hawai’I Rules of Professional Conduct 7.4(d)(1)-(3)(2013).

Illinois

The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and … the certificate, award or recognition is not a requirement to practice law in Illinois. Illinois Rules of Professional Conduct 7.4(c)(2)(2010).

Iowa

A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless the representation by the lawyer that he or she is certified as a specialist states that the Supreme Court of Iowa does not certify lawyers as specialists in the practice of law and that certification is not a requirement to practice law in the State of Iowa. Iowa Rules of Professional Conduct 32:7.4(d)(4)(2012).

Massachusetts

A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law unless the name of the certifying organization is clearly identified in the communication and:

(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or accredited by the American Bar Association, or

(2) the communication states that the certifying organization is a private organization, whose standards for certification are not regulated by a state authority or the American Bar Association. Massachusetts Rules of Professional Conduct 7.4(c)(2015).

Mississippi

An attorney may not publicly communicate the fact that he is certified or a specialist in any field other than that of patent or admiralty. Miss. State Bar, Communication of Field of Practice,1988 Ethics Op. 153 (June 2, 1988).

Missouri

Except as provided in Rule 4-7.4(a) and (b), a lawyer shall not state or imply that the lawyer is a specialist unless the communication contains a disclaimer that neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. Missouri Rules of Professional Conduct 4-7.4 (2007).

New Jersey

A lawyer may communicate that the lawyer has been certified as a specialist

or certified in a field of practice only when the communication is not false or misleading, states the name of the certifying organization, and states that the certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association. If the certification has been granted by an organization that has not been approved, or has been denied approval, by the Supreme Court of New Jersey or the American Bar Association, the absence or denial of such approval shall be clearly identified in each such communication by the lawyer. New Jersey Rules of Professional Conduct 7.4(d).

New Mexico

A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

(1) the lawyer has been certified as a specialist by the State Bar of New Mexico, an organization that has been approved by an appropriate authority of another state, or by an organization that has been accredited by the American Bar Association; and

(2) the name of the certifying organization is clearly identified in the         communication. New Mexico Rules of Professional Conduct 16-704(d)(1)-(2).

North Carolina

A lawyer shall not state or imply that the lawyer is certified as a specialist in a field of practice unless:

(1) the certification was granted by the North Carolina State Bar;

(2) the certification was granted by an organization that is accredited by the North Carolina State Bar; or

(3) the certification was granted by an organization that is accredited by the American Bar Association under procedures and criteria endorsed by the North Carolina State Bar; and

(4) the name of the certifying organization is clearly identified in the communication. North Carolina Rules of Professional Conduct 7.4(b)(1)-(4)(2003).

Rhode Island

A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association;

(2) the name of the certifying organization is clearly identified in the communication; and

(3) the lawyer also includes, as part of the same communication, the disclaimer that “The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.” Rhode Island Rules of Professional Conduct 7.4(d)(1)-(3)(2007).

Tennessee

A lawyer who has been certified as a specialist in a field of law by an organization accredited by the American Bar Association’s House of Delegates, and who has registered such certification with the Tennessee Commission on Continuing Legal Education, may state that the lawyer “is certified as a specialist in [field of law] by [accredited organization]” … A lawyer shall not state or imply that the lawyer has received any certification of specialty from the Tennessee Commission on Continuing Legal Education. Tennessee Rules of Professional Conduct 7.4(d) & cmt. 3 (2010).

Washington

A lawyer shall not state or imply that a lawyer is a specialist in a particular field of law, except upon issuance of an identifying certificate, award, or recognition by a group, organization, or association, a lawyer may use the terms “certified,” “specialist,” “expert,” or any other similar term to describe his or her qualifications as a lawyer or his or her qualifications in any subspecialty of the law. If the terms are used to identify any certificate, award, or recognition by any group, organization, or association, the reference must:

(1) be truthful and verifiable and otherwise comply with Rule 7.1;

(2) identify the certifying group, organization, or association; and

(3) state that the Supreme Court of Washington does not recognize certification of

specialties in the practice of law and that the certificate, award, or recognition is not a requirement to practice law in the state of Washington. Washington Rules of Professional Conduct 7.4(d)(1)-(3)(1992).[/vc_column_text][/vc_column][/vc_row]

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