Terms & Conditions

Last updated Sunday, December 06, 2009

Use of any of the material or features appearing on the Good Sharks, Inc. website is subject to these terms and conditions. You agree to these terms and conditions by accessing and viewing the site.

These terms and conditions apply exclusively to your access to, and use of, the web site of Good Sharks, Inc., located at www.goodsharks.com. These terms and conditions do not alter in any way the terms or conditions of any other agreement you may have with Good Sharks, Inc., or its subsidiaries or affiliates.

These terms and conditions may be modified at any time, without notice, and shall be effective immediately upon posting on the site. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified terms and conditions. Please check the Terms and Conditions page periodically for changes.

If you do not agree to all of the terms and conditions, you are not authorized to use the site or any of its material or features.

 

Definitions

The terms and conditions of Good Sharks, Inc., shall be referred to as the "Terms". The individuals or companies using the site, its materials or its features shall be referred to as the "User". This website, all its pages, materials and features, shall be referred to as the "Site".

This is a Contract

The Terms is a legal agreement between Good Sharks, Inc. and the User. The Site is only available to individuals who can form legally binding contracts under applicable law. The Site is not available for use by minors. Any User of this Site represents that he or she accepts these Terms and intends to be personally bound by the Terms or that he or she has been authorized to accept these Terms on behalf of a company. Any User of the Site on behalf of any company also warrants that the company agrees to indemnify the User and company for violations of these Terms. If the User is not so authorized or does not intend to be personally bound, then User should not and may not use the Site.

Site is Only a Venue

Good Sharks, Inc. provides an internet venue that facilitates communication between legal professionals and potential purchasers of legal services. Good Sharks, Inc. does not guarantee that Users will successfully find legal representation or sell their legal services through the Site. Good Sharks, Inc. takes no position on when or if an attorney-client relationship has been formed between Users.

Good Sharks, Inc. is not involved in any actual transactions between Users. Good Sharks, Inc. is not a lawyer referral service. Good Sharks, Inc. does not take any portion of legal fees exchanged between Users. Good Sharks, Inc. does not recommend any User. Good Sharks, Inc. does not screen potential cases, nor does it channel Users to selected lawyers. Good Sharks, Inc. does not monitor communications between Users, except in the case of violations of these Terms. As a result, Good Sharks, Inc. has no control over the quality, safety, reliability or legality of the services advertised, the truth or accuracy of the listings, the ability of lawyers to provide services or the ability of Users to purchase services. The User, and not Good Sharks, Inc., is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates on the Site.

Good Sharks, Inc. is not a law firm. Good Sharks, Inc. offers no legal advice or counseling under any circumstance. Good Sharks, Inc. urges Users not to rely upon any legal advice received from any source found on this Site, unless it is from a lawyer whom the User has retained.

User Guidelines

Good Sharks, Inc. reserves the right to deny further access to the Site, terminate all services to User or to delete any information or posts of any User who violates these guidelines, is the subject of complaints by other Users, or for any other reason, in its sole discretion, subject to applicable laws.

Users may not:

  • do or say anything to injure or harm others
  • display material containing nudity or pornographic material of any kind
  • provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
  • promote, encourage or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual
  • defame any person or group
  • display material that exploits children under 18 years of age
  • violate the legal or intellectual property rights of another
  • violate the internet laws applicable to the User and of the United States
  • use the Site for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortious material or invading other's privacy
  • interfere with or disrupt the Site or servers or networks connected to the Site by posting advertisements or links to competing services, transmitting "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail
  • compromise the security of the Site, including, but not limited to, trying to gain access to system areas private to Good Sharks, Inc., or to other Users
  • aggregate data off the Site for commercial purposes outside the scope and purpose of the Site, including, but not limited to, using information available on the Site to spam or solicit Users without their permission
  • post any incomplete, false or inaccurate information
  • modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Site or any portion thereof
  • create derivative versions of any part of the Site
  • rent, transfer, distribute or grant any rights in the Site in any form
  • file any false, fradulent or misleading cases in the case filing function
  • repeatedly, and without good cause, re-file the same case in the case filing function
  • repost any information that has already been deleted by Good Sharks, Inc., because of its inappropriate nature or subject matter
 

Disclaimers

Site Content Does Not Constitute Legal Advice, Nor Does Use of the Site Create An Attorney-Client Relationship With Good Sharks, Inc.

The information contained in this Site is provided solely for the general interest of the Users of this Site. This information may not reflect current legal developments and is general in nature. It should not be relied upon or construed as legal advice and is not a substitute for obtaining legal advice from an attorney licensed in your jurisdiction.

Good Sharks, Inc. assumes no liability or responsibility for any errors or omissions in the content of this Site. Use of the Site in any manner, including, but not limited to, the viewing, sending or receipt of information, does not create an attorney-client relationship between a User and Good Sharks, Inc. Any electronic communication sent to Good Sharks, Inc. will not create an attorney-client relationship between the User and Good Sharks, Inc., such being expressly denied.

Submitting A Case Does Not Create An Attorney-Client Relationship With Lawyer Recipients

Information posted or made available on or through the Site, including without limitation any lawyer matches or responses to legal questions or cases posted on the Site through the case submission process, is not intended to create an attorney-client relationship between the legal services consumer and any attorney. Such submissions and responses should be used only as a starting point for addressing legal issues. It is not a substitute for a consultation with an attorney or a properly negotiated and executed fee agreement. Good Sharks, Inc. does not guarantee that use of this Site by any Users will result in any attorney-client relationships.

No Guarantee of Confidentiality

Good Sharks, Inc. makes every effort to maintain the confidentiality of any information submitted by Users. However, because Good Sharks, Inc. cannot control the conduct of others, it cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the Site. Do not make any confessions or admissions. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. Good Sharks, Inc. is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the Site.

User agrees that other Users may report to Good Sharks, Inc. on whether an attorney-client relationship was created between the Users, the the total attorneyís fees paid, and other information relevant to improving User experience and customer service. Good Sharks, Inc. will never require User to provide information protected by legal privileges, unless compelled to seek such information by a court or governing authority. Good Sharks, Inc. shall have no responsibility or liability of any kind for the conduct of other Users, including, but not limited to, the disclosure of privileged or confidential information by such Users.

Third-Party Resources and Advertisements

Good Sharks, Inc. is not responsible for any third party content, including the content provided by attorney users of the site, or that may be accessed through or linked to this Site.

Good Sharks, Inc. may run advertisements and promotions from third parties on the Site. User business dealings or correspondence with, or participation in promotions of, advertisers and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party advertiser. Good Sharks, Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Lawyer Advertising

It is solely the responsibility of lawyers to ensure that any information or advertisements they post or place on the Site, and any communications they may have with prospective clients through the Site, fully comply with all applicable rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.

No Warranties

The Site, its materials and services, are provided "as is" without warranty of any kind, either express or implied. Good Sharks, Inc. disclaims all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement or free of viruses or other harmful components.

Good Sharks, Inc. adds, changes, improves or updates the information and documents on this Site without notice. It does not represent or warrant that Site materials and information are accurate, complete, reliable, current or error-free.

Good Sharks, Inc. does not endorse any lawyer or law firm, either expressly or impliedly. Good Sharks, Inc. makes every effort to verify that attorneys who subscribe to the Site are licensed and in good standing in at least one state within the United States at the time of registration. However, Good Sharks, Inc. is unable to track, verify, or monitor the standing of each attorney using the Site. Therefore, Good Sharks, Inc. makes no representation regarding the status, standing or ability of any lawyer or law firm that is listed through this Site. GOOD SHARKS, INC. SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR OWN RISK.

Good Sharks, Inc. makes no warranties, express or implied, about the result of any case or the result of any attorney-client relationship developed between Users of this Site. Good Sharks, Inc. makes no warranties, express or implied, about whether lawyers will successfully sell their services by using this Site. Good Sharks, Inc. makes no warranties, express or implied, about whether a User seeking a lawyer will be matched with a lawyer for their case.

 

Intellectual Property

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, Good Sharks, Inc. has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat infringers of the intellectual property rights of others. Good Sharks, Inc. may also limit access to the Site or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, please provide Good Sharks, Inc. with the following information relevant to your claim: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed and its location on the Site; (3) your address, telephone number, and email address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner; (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may submit your notice of claims of copyright infringement to:

Alicia I. Dearn
Good Sharks, Inc.
P.O. Box 721002
San Diego, CA 92172

Ph: (877) 774-7504
Fax: (877) 774-7504

Email: Contact Us

Good Sharks, Inc. may give notice of a claim of copyright infringement to the User by means of a general notice on the Site, email to a User's email address in our records, or by first-class mail to a User's address in our records.

Trademarks

"GoodSharks," Good Sharks, Inc.'s logo and any other product or service name or slogan contained in the Site are trademarks of Good Sharks, Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Good Sharks, Inc. or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "GoodSharks" or any other name, trademark or product or service name of Good Sharks, Inc. without prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and trade dress of Good Sharks, Inc. and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

Links to Site

Good Sharks, Inc. welcomes links to this Site from other web sites. However, Good Sharks, Inc. in no way operates, controls or endorses linking sites. Nor does linking to Good Sharks, Inc. imply an endorsement of the third party web site by Good Sharks, Inc. Good Sharks, Inc. reserves the right to disallow any links at any time in its sole discretion.

Users are granted a limited, non-exclusive right to create a link to the Site, provided the link does not portray Good Sharks, Inc., any of its products and services, or any lawyer or law firm in a false, misleading or defamatory manner, and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

Users may not use the logo or other proprietary graphic of Good Sharks, Inc. to link to this Site without the express written permission of Good Sharks, Inc. Further, Users may not use, frame or utilize framing techniques to enclose any Good Sharks, Inc. trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout or design of any page or form contained on a page on the Site without Good Shark, Inc.'s express written consent.

Except as noted above, Users are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Good Sharks, Inc. or any third party, it being expressly denied.

 

Fees for the Service

The Site is free for all parties seeking legal services. There is no cost in posting a case. There is no cost in reviewing information provided by links on the Site. Lawyers seeking to be listed in Good Sharks, Inc.'s directory and database pay a subscription fee. Advertisers on the Site pay advertising fees. If Good Sharks, Inc. were ever to charge fees for those features of the Site that are currently free, Users will be notified of the fees and given the opportunity to decline continued membership before any fees are charged. No User will be charged a fee by Good Sharks, Inc. without the User's prior express consent.

Ratings

Good Sharks, Inc. provides a rating system for clients to rate their experience with lawyers hired using the Site. Ratings posted on the lawyer's profile will be available for review by all Users. Ratings are solely the opinion of the User who provided the Ratings and are not reflective of Good Sharks, Inc.'s opinion or endorsement of any User, lawyer or law firm.

Users who are lawyers are invited to request ratings from clients hired using the Good Sharks, Inc. venue. The rating system will not be open to Users without an invitation from the lawyer to be rated. Good Sharks, Inc. cannot control the substance of the ratings and does not monitor or approve of the ratings by Users. GOOD SHARKS, INC. SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY RATINGS A USER ENCOUNTERS ON OR THROUGH THE SITE, AND ANY REQUEST FOR RATINGS FROM A CLIENT IS SOLELY AT YOUR OWN RISK.

While Good Sharks, Inc. encourages open and honest ratings by clients, it does not tolerate offensive conduct, and reserves the right to terminate the User's access to the Site or delete the User's ratings if they are deemed to be defamatory, hostile, vulgar, or otherwise distasteful.

Ratings do not constitute a guarantee of outcome in a User's case or legal matter.

Loss of Data

Good Sharks, Inc. is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.

Release and Use of Information

Good Sharks, Inc. may release current or past User information, pursuant to the terms of the Privacy Policy, in the event that Good Sharks, Inc. believes that accounts are in violation of the terms of service or used to commit unlawful acts or if the information is subpoenaed or otherwise compelled by a governmental authority.

Modifications to Service

Good Sharks, Inc. reserves the right to modify or discontinue, temporarily or permanently, the Site, with or without notice to the User. The User agrees that Good Sharks, Inc. shall not be liable to the User or any third party for any modification or discontinuance of the Site. The User acknowledges and agrees that Good Sharks, Inc. may immediately delete data and files in the User's account and bar any further access to such files or the Site.

Limitation of Liability

THE USER AGREES THAT GOOD SHARKS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GOOD SHARKS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT GOOD SHARKS, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

Indemnification

The User agrees to indemnify, defend, and hold Good Sharks, Inc. harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Site. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Terms. The User further agrees that this defense and indemnity shall include without limitation attorneys' fees and costs. The User also agrees that this defense and indemnity shall apply to Good Sharks, Inc., its affiliates, directors, officers and employees. Good Sharks, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of Good Sharks, Inc.

No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between User and Good Sharks, Inc. by these Terms.

Choice of Law and Venue

The Terms and the relationship between the User and Good Sharks, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions, even if the User is outside of California. Jurisdiction and venue shall be exclusive to the state or federal courts in the County of San Diego, California, United States of America. Users consent to the exclusive jurisdiction of these courts.

The original of the Terms has been written in English. The User waives any statute, law, or regulation that might provide an alternative law or forum or to have the Terms written in any language other than English. Good Sharks, Inc. and User exclude the United Nations Convention on Contracts for the International Sale of Goods from these Terms.

Export Control

Good Sharks, Inc. controls and operates the Site from its offices in the United States of America and makes no representation that the content or templates are appropriate for use in other locations. User agrees to comply with all U.S. and other export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required. If User uses the Site from other locations, User is responsible for complying with any applicable local laws, including but not limited to the export and import regulations of other countries.

Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Privacy Policy Incorporated

The Terms incorporates by reference Good Shark, Inc.'s Privacy Policy.

Entire Agreement

The Terms constitute the entire agreement between User and Good Sharks, Inc. with respect to the subject matter covered herein, and supersede all previous agreements.

Severability

If any provision of these Terms shall be deemed unlawful, void or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The invalid that provision shall also be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver of Terms

If Good Sharks, Inc. fails to exercise or enforce any right or provision of these Terms, that failure shall not be used to prove that Good Sharks, Inc.has waived the right or provision. No waiver of any of the Terms shall be deemed a waiver of any other such Terms.

Notices, Questions or Comments

Any notices, questions or comments to Good Sharks, Inc. regarding the Terms shall be sent to Good Sharks, Inc., P.O. Box 721002, San Diego, CA 92172. Any notice to User shall be given to the name and email or mailing address submitted at the time of User's registration.