Terms of Service for Listing

This Site (“Site”) is maintained and controlled by The National List, Inc. (referred to herein as “we," "us" or “The National List”). These Terms of Service for Listing (herein, the “Agreement”) are an integral part of this Site and governs your use of the Site and all services provided herein.

By submitting a request to be listed on this Site, you are hereby agreeing to be legally bound by this Agreement, and to comply with this Agreement and any other posted guidelines or rules applicable to this Site. All such guidelines and rules are hereby incorporated by reference into this Agreement. If you do not accept and agree to be bound by this Agreement, do not log onto, or use, this Site.

You hereby acknowledge and agree as follows:

  1. Our sole obligation hereunder is to display on the Site the content that you provide when registering for a listing on the Site in accordance with the terms of this Agreement. The National List does not guarantee any particular order in which attorney listings will appear on the various search pages. The National List reserves the right to sell banner advertising space on any search pages.
  2. By purchasing a listing subscription on the Site, whether month to month or annual, the listing charges will automatically be billed to your credit card. If you elect to discontinue your listing on the Site prior to the expiration of the subscription term, there will be no refund. At the end of the subscription period, your subscription will automatically renew for the same term at the rates then in effect; if you do not wish to renew, you must unsubscribe at at least 20 days prior to the date your subscription would otherwise renew.
  3. All rates are subject to change upon notice. Any rate change will apply at the renewal of your subscription.
  4. If the charge to your credit card is declined for any reason, and no replacement card or other method of payment is supplied to us within ten (10) days, The National List may terminate this Agreement upon notice to you.
  5. You expressly understand and agree that under no circumstances shall the National List or any of its affiliates, or any of their respective officers, directors, employees and agents, be liable to you or any other person or entity for indirect, incidental, consequential, special or exemplary damages (even if such damages are foreseeable, and whether or not The National List has been advised of the possibility of such damages) arising from any aspect of the relationship provided for herein. The sole and exclusive maximum liability of The National List for all damages, losses and causes of action, whether contractual, under common law or in tort (including, without limitation, negligence), statutory, regulatory, or otherwise, shall be the total amount paid by you for the listing that gives rise to such damages. The National List makes no representations, and hereby expressly disclaims all warranties, express or implied, regarding The National List's services or any portion thereof, including any implied warranty of merchantability of fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Without limiting the generality of the foregoing, The National List specifically disclaims any warranty regarding (1) the number of persons who will access the website, and (2) any benefit you might obtain from your participation in the Site.
  6. You are solely responsible for any legal liability arising out of or relating to all materials submitted to us for inclusion in the Site, as well as any linked website (collectively, the “Subscriber Materials”). You represent and warrant to us that:

    (1) the Subscriber Materials comply and will comply with The National List's advertising standards and all other posted rules and guidelines as in effect from time to time;

    (2) you are authorized to advertise legal services;

    (3) all persons to be listed on the Site are duly licensed and qualified to practice law in the state or jurisdiction in which you have requested that they be listed, and are in good standing with the appropriate bar associations;

    (4) the display of the Subscriber Materials will not violate any laws, rules or regulations or any rights of any third parties, including, but not limited to, infringement or misappropriation of any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity; and

    (5) the display of the Subscriber Materials does and will comply with all laws, rules and regulations of the state, country or territory in which it is located.
  7. Any business that you transact with any person or entity through or in connection with the Site shall be solely upon such terms, conditions and compensation as may be agreed upon between you and such person or entity. You agree that you will, at your sole expense, indemnify The National List and all of its affiliates, and all of their respective officers, directors, employees and agents, and hold all such parties harmless from any losses, liabilities, claims, suits, civil, criminal, or administrative proceedings, fines, penalties, judgments, actual, consequential, and punitive damages, costs, legal fees, and expert witness fees that they may incur as a result of or arising out of any such transaction, including any claims arising from services rendered to any individual or entity who may have learned of you through your listing with The National List or arising out of or related to your breach of any representation or warranty in this Agreement.
  8. In the event that the person or persons listed by you on the Site are no longer in good standing with the appropriate bar association, you shall contact The National List immediately and The National List will be entitled to immediately remove the listed person or persons who are no longer in good standing from the Site. In such event, no refund shall be given for any amounts paid to The National List.
  9. We do not warrant that usage of the Site will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted or any software are free of viruses or other harmful components. We presently intend, but do not guarantee, that the Site will operate on a 24 hours per day, 7 days a week basis. Interruptions of service of less than two continuous business days will not be compensated. Longer interruptions will result in an extension of service for a period equal to such period of interruption. You agree that such extension shall be your sole and exclusive remedy for any such interruption.
  10. The National List reserves the right to reject any advertising which is not consistent with The National List's standards or is otherwise detrimental to the purpose of the directory, as determined by The National List. In addition, The National List shall have the right, at any time, to remove any advertising and/or terminate this Agreement if The National List determines, in its sole discretion, that any Subscriber Materials (1) violate The National List's then applicable advertising policy; (2) violates any law, rule or regulation, or if The National List is directed to do so by any law enforcement agency; or (3) is otherwise objectionable to The National List. In the event of any such termination that is not attributable to any breach of this Agreement by you, The National List shall refund to you any unapplied fees, on a pro rata basis, which you have paid to The National List for inclusion in the Site.
  11. All Subscriber Materials furnished by you for inclusion in the Site shall contain the proper copyright notice. The National List retains the ownership to any writing, pictorial, illustration, design, mat, map, photograph, software or combination thereof that The National List creates or provides in connection herewith.
  12. The National List and you are independent contractors, and neither The National List nor you are an agent, representative or partner of the other. The National List may terminate this Agreement at any time upon notice in the event of material breach of this Agreement by you.
  13. This Agreement is governed by and construed in accordance with the internal laws of the state of North Dakota, United States of America, without regard to its principles of conflicts of law. If any provision of this Agreement is found to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with our prior written consent. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
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