Terms of Use

Octavian Group LLC – Terms of Use

Octavian Group, LLC and its affiliates (collectively, “our,” “us,” or “we”) operate websites, provide products and services through mobile and other applications that are governed, as applicable, by our terms of use (our “TOU”). By using our sites and services, you are a “user” and you accept and agree to our TOU as a legal contract between you and us. It is your responsibility to review this TOU. If at any time you find the TOU unacceptable or if you do not agree, please do not use our sites and services. We may revise this TOU at any time and without notice to you.

Generally

Our sites and services provide marketing, advertisement and access to independent attorneys. Our sites and services also provide marketing and advertising services to lawyers and other legal professionals.

We are not lawyers or a law firm and we do not provide legal, business or tax advice. None of our representatives are lawyers and they also do not provide legal, business or tax advice. Our sites and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal, business or tax advice.

Our sites and services are not intended to create any attorney-client relationship, and your use of our sites and services does not and will not in any circumstance create an attorney-client relationship between you and us.

Lawyer Services for Users ( Mobile Me This provides agency services for Law Firms as one of our business channels )

Our sites and services offer you several ways to identify and locate an attorney (or other legal services), including advertisements for lawyers or our lawyer service provides information on lawyers and law firms willing to contact you with your permission (collectively, “lawyer services”). The inclusion of lawyers and law firms in the lawyer services requires only a payment by such lawyers or law firms and we make no recommendation as to any such lawyers or law firms. The decision to retain an attorney is an important one, and one that you must make carefully based on your own judgment and evaluation of that attorney. If you are using the lawyer services you should read the following terms and conditions below. If you disagree with these terms and conditions, please do not use the lawyer services.

·      At no time is an attorney-client relationship fostered or created with us through the performance of any such lawyer services.

·      Our sites and services are only one source of information among the many sources that are available to you. You may wish to consider multiple sources in order to make an informed attorney selection decision.

·      Any agreements regarding legal services or fees must be done outside the scope of our sites and are strictly between the user and the third party and do not involve us in any way. We do not receive any portion of any attorney’s or law firm’s fees. We are not involved in or responsible for any transactions that might occur, and we do not guarantee that such transactions will occur.

·      The release and security of any sensitive or confidential information transmitted by you to any attorney or service is your sole responsibility.

·      We make no representation, guarantee or warranty (express or implied) as to the legal ability, competence, quality, or reliability of any legal services provided by any lawyer or law firm. You must independently verify the qualifications of any such legal professionals and services.

·      We cannot perform a check for conflicts of interest between you and any attorney or law firm.

·      If you use lawyer services, you agree that: IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION,

LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LAWYER SERVICES OR FOR ANY ADVICE, INFORMATION OR SERVICES PROVIDED TO YOU BY ANY ATTORNEY WITH WHOM YOU MAY MAKE CONTACT THROUGH OUR SITES AND SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

·      You also should be aware that certain states and jurisdictions have special rules relating to legal services. You should contact your state or local jurisdiction for more information. While not intending to be exhaustive, please note the following additional state-specific attorney advertising disclosures if you live in the following states:

o  Alabama: 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.

o  Colorado: 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. Colorado does not certify lawyers as specialists in any field.

o  Florida: Florida Rule of Professional Conduct 4-7.10(c) defines a lawyer referral service as “(1) any person, group of persons, association, organization, or entity that receives a fee or charge for referring or causing the direct or indirect referral of a potential client to a lawyer drawn from any specific group or panel of lawyers; or (2) any group or pooled advertising program operated by any person, group of persons, association, organization, or entity wherein the legal services advertisements utilize a common telephone number and potential clients are then referred only to lawyers or law firms participating in the group or pooled advertising program.” For purposes of the Florida Rules of Professional Conduct only (the “Florida Rules”), our sites may be deemed a lawyer referral service as defined in the Florida Rules. Rule 4-7.10(a)(10) requires that all lawyer referral services (as defined in the Florida Rules) must affirmatively state in all advertisements that it is a lawyer referral service. For those reasons, for purposes of the Florida Rules only, our sites are a lawyer referral service and any statements in the Terms and Conditions to the contrary are inapplicable in Florida.

o  Iowa: No representation is made regarding the quality of legal services that have been or will be performed.

o  Minnesota: Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.

o  Missouri: The choice of a lawyer is an important decision and should not be based solely upon advertisements.

o  Nebraska: 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. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.

o  New Mexico: Past successes cannot be an assurance of future success because each matter must be decided on its own merits.

o  New York: Prior results do not guarantee a similar outcome. The lawyer services offered are not making a recommendation as to any lawyer or law firm and do not vet the qualifications of such lawyers and law firms. Being included on the list of participating lawyers requires only a payment and the selection of a participating lawyer from that list is the result of a neutral process that involves no evaluative judgment. When a lawyer is included from that list, it does not mean that lawyer is the “best” or “right” lawyer for your needs or that the lawyer is otherwise preferred over other lawyers. Lawyers or law firms willing to contact you with your permission as a part of our lawyer services pay an additional fee that is separate from the fee they pay for inclusion in our searchable directory of lawyers and law firms. Lawyers or law firms that do not pay this additional fee are not included in this service.

o  Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert.

o  South Dakota: 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. Past successes cannot be an assurance of future success because each matter must be decided on its own merits. Any customer review on this web-site does not constitute a guaranty, warranty, or prediction regarding the outcome of your legal matter.

o  Utah: 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. Past successes cannot be an assurance of future success because each matter must be decided on its own merits.

o  Wyoming: 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. Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

Attorney Ethics Notice; Rules.

If you are an attorney participating in any aspect of our sites or services, (a) you represent and warrant that you are an attorney in good standing with a license to practice law in at least one of the 50 United States of America or the District of Columbia; (b) you agree to promptly notify us of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license; and (c) you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of attorney-client relationships, failure to maintain client confidences, unauthorized practice of law, and misrepresentations of fact. We disclaim all responsibility for your compliance with these Rules.

Indemnification

You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your violation of these TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS AND SERVICES.) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES). THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

Limitations of Liability
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES. NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES).

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Damages
At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TOU for which you bear responsibility.

Injunctive Relief
You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.

Privacy
We have established a privacy policy covering the collection, use, and disclosure of user information, which can be found at (add link to Privacy Policy).

Dispute Resolution; Arbitration
Except as otherwise specifically set forth herein, any controversy or claim arising out of or related to the TOU must be settled by binding arbitration in Birmingham, Alabama by the American Arbitration Association in accord with its then-prevailing rules of Commercial Dispute Resolution, in lieu of judicial proceedings. The arbitrators shall have no power to change the provisions of this Agreement, the determination of the arbitrators shall be conclusive and binding upon the parties thereto, and judgment upon the award rendered may be entered in accordance with applicable law in any court having jurisdiction thereof. The prevailing party in any arbitration proceeding shall be entitled, in addition to such other relief as it may obtain, to the payment of all costs and expenses incurred in connection therewith, including reasonable attorneys’ fees. You hereby expressly waive your right to a trial by jury as to any claim controversy or dispute arising out of the TOU.

Entire Agreement
These TOU (along with any documents linked to in these TOU) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect.

Governing Law; Forum
Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to these TOU, our sites and services will be governed by the laws of the State of Alabama, without regard to conflict or choice of law principles. You agree that any claims, causes of action or disputes not subject to the “Dispute Resolution; Arbitration” section will be brought exclusively in courts located within Jefferson County, Alabama, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions.

Electronic Communications
When you use our sites and services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Waiver
Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right.

Last updated: December 10, 2019