San Diego Lawyers & Attorneys

ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT The WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION (“WWW.SANDIEGOLAWYERS.COM ” or the “EXPRESS SUBMISSION”), owned and operated by Bohemiaweb. (“WWW.SANDIEGOLAWYERS.COM”) is provided to you (“you”or “Applicant”) under the terms and conditions of this WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION Agreement (the “Agreement”).

BY COMPLETING THE SUBMISSION REGISTRATION FORM AND CLICKING THE “I ACCEPT” BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE E-MAIL ADDRESS) AS PROMPTED BY THE EXPRESS SUBMISSION REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

WWW.SANDIEGOLAWYERS.COM reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time.

DESCRIPTION OF WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION is a fee-based expedited service provided by WWW.SANDIEGOLAWYERS.COM to consider your business informations for inclusion in WWW.SANDIEGOLAWYERS.COM’s main directory of firms located at WWW.SANDIEGOLAWYERS.COM (the “Directory”). By signing up with WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION, WWW.SANDIEGOLAWYERS.COM will consider and respond to your request for inclusion in the Directory on an expedited basis. In consideration of your payment and participation in WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION in accordance with this Agreement, WWW.SANDIEGOLAWYERS.COM agrees that a member of WWW.SANDIEGOLAWYERS.COM’s editorial staff will look at your submitted informations within 48 hours, consider it for inclusion in the Directory, and respond to you within seven (7) business days from the date that you submit your firm for consideration (excluding holiday periods observed by WWW.SANDIEGOLAWYERS.COM and any delays due to problems processing your request). Response times are measured based on Bohemiaweb’s mail servers.

In order for WWW.SANDIEGOLAWYERS.COM to consider your firm for inclusion in the Directory, you must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the current NON-REFUNDABLE fee for WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION when you submit your firm which occurs as soon as you click on the “I ACCEPT” button on the registration form.

The current fee for WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION, is a one-time NON-REFUNDABLE fee of US$199.00 for each directory submitted. You acknowledge that the payment of this fee is for consideration of your firm AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR Firm WILL BE INCLUDED IN THE DIRECTORY. Your payment only guarantees that WWW.SANDIEGOLAWYERS.COM will consider and respond to your request within seven business days, by either accepting or not accepting your firm. You expressly agree to pay to WWW.SANDIEGOLAWYERS.COM such fee whether or not your firm is accepted or denied inclusion in the Directory.

NOTHING IN THIS AGREEMENT OBLIGATES WWW.SANDIEGOLAWYERS.COM TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR Firm ANYWHERE ON WWW.SANDIEGOLAWYERS.COM IN ADDITION, IF YOUR Firm IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES WWW.SANDIEGOLAWYERS.COM TO PLACE YOUR Firm WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR FIRM.

Please note that WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION is only open to firms that DO NOT ALREADY EXIST in the Directory. Do not submit your firm to WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION program if your firm already appears in the Directory or if you want to request changes to a listing that already appears in the Directory. If you need to make a change to your listing in the Directory , you must use the change form. Your credit card will be charged the current fee for WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION service if you submit a firm that already exists in the WWW.SANDIEGOLAWYERS.COM Directory. You will also be charged if you submit change requests through WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION.

Service Fee. The applicant must remit the relevant fee for each Directory submitted. Applicant shall submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the current fee for the Service as soon as you click on the Pay button on the registration form. Due to the time-sensitive nature of the Express Submit review process, once you have clicked the "Pay" button, having agreed to the Submission Guidelines and these Terms of Service, you are not eligible for a refund. Applicant hereby expressly agrees to pay to WWW.SANDIEGOLAWYERS.COM the fee for the EXPRESS SUBMISSION if the Applicant's firm is accepted or denied for inclusion in the Directory. Applicant acknowledges that he or she will be charged and hereby expressly agrees to pay to WWW.SANDIEGOLAWYERS.COM the current fee for the EXPRESS SUBMISSION if Applicant submits through the EXPRESS SUBMISSION a firm that already exists in the Directory or submits a change request through the Service. All fees are payable in US dollars.

MINIMUM Firm CRITERIA All firms submitted to WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION must meet the following minimum criteria:

· The firm or firm office must be located in San Diego County;

· The firm must be a commercial firm with the official business name visible to any visitor to that firm;

· The firm information must be in the English language;

· The firm must not already appear in the Directory;

· The firm must clearly define the purpose, products, and/or services of the business;

· The firm must not contain any content, products, services or other information that, in WWW.SANDIEGOLAWYERS.COM’s reasonable determination, may be illegal to sell under any applicable law, statute, ordinance or regulation, that may infringe or violate anyone’s rights, or that, WWW.SANDIEGOLAWYERS.COM believes, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION.

THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND WWW.SANDIEGOLAWYERS.COM, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING OR REJECTING A FIRM TO THE WWW.SANDIEGOLAWYERS.COM DIRECTORY.

SELECTION AND LISTING OF FIRMS IN THE WWW.SANDIEGOLAWYERS.COM DIRECTORY WWW.SANDIEGOLAWYERS.COM reserves the right to decide whether, where, and how a firm is listed in the Directory. If WWW.SANDIEGOLAWYERS.COM accepts your firm for inclusion in the Directory, WWW.SANDIEGOLAWYERS.COM will consider your preferences, but reserves the right to list your firm in any category or subcategory as WWW.SANDIEGOLAWYERS.COM deems appropriate, in its sole discretion. Once WWW.SANDIEGOLAWYERS.COM accepts a firm for inclusion in the Directory, that firm shall be treated as any other listing in the Directory. WWW.SANDIEGOLAWYERS.COM reserves the right not to include any specific keywords, comments, or annotations with the listing of a firm in the Directory.

WWW.SANDIEGOLAWYERS.COM also reserves the right, in its sole discretion, to remove your firm from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services.

Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by WWW.SANDIEGOLAWYERS.COM in writing. WWW.SANDIEGOLAWYERS.COM reserves the right to withhold approval of any public announcement in its sole discretion.

FEEDBACK WWW.SANDIEGOLAWYERS.COM will contact Applicant by email describing whether the firm has been accepted or rejected. If the firm is rejected, Applicant is entitled to request one reconsideration, or appeal, of the firm at no additional charge by sending an email to the address provided by WWW.SANDIEGOLAWYERS.COM. WWW.SANDIEGOLAWYERS.COM must receive the Applicant’s email within thirty days from the date that WWW.SANDIEGOLAWYERS.COM transmits the rejection email to the Applicant. If the request is timely received, WWW.SANDIEGOLAWYERS.COM will again review the Applicant’s firm and will then notify Applicant of its final decision regarding including the firm in the Directory. If WWW.SANDIEGOLAWYERS.COM reaffirms its denial of the firm, no further appeals or submissions will be considered.

If WWW.SANDIEGOLAWYERS.COM accepts a suggested firm, Applicant is entitled to request one reconsideration of the placement of the firm, comment fields, title, etc., at no additional charge by sending an email to the address provided by WWW.SANDIEGOLAWYERS.COM. WWW.SANDIEGOLAWYERS.COM must receive the Applicant’s email within thirty days from the date that WWW.SANDIEGOLAWYERS.COM transmits the acceptance email to the Applicant. If the request is timely received, WWW.SANDIEGOLAWYERS.COM will again review the Applicant’s firm and will then notify Applicant of its final decision regarding the firm. Once a firm is included in the Directory, if Applicant makes any substantial changes to the firm, Applicant must comply with WWW.SANDIEGOLAWYERS.COM’s standard change process form to make any changes to the listing in the Directory.

APPLICANT PRIVACY. WWW.SANDIEGOLAWYERS.COM maintains information about Applicant on WWW.SANDIEGOLAWYERS.COM servers, including but not limited to Applicant’s registration information. Applicant agrees that WWW.SANDIEGOLAWYERS.COM may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that WWW.SANDIEGOLAWYERS.COM may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of WWW.SANDIEGOLAWYERS.COM or others; provided, however, that nothing in this section shall impose a duty on WWW.SANDIEGOLAWYERS.COM to make any such disclosures. 6.2 WWW.SANDIEGOLAWYERS.COM may contact Applicant regarding WWW.SANDIEGOLAWYERS.COM EXPRESS SUBMISSION using the Applicant’s email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from WWW.SANDIEGOLAWYERS.COM’s advertisers.

INDEMNITY. Applicant agrees to indemnify, defend and hold harmless WWW.SANDIEGOLAWYERS.COM, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Applicant’s use of or listing in the web site directories , the acceptance or rejection of Applicant’s suggested firm, any alleged violation of this Agreement, or any alleged violation of any rights of others. WWW.SANDIEGOLAWYERS.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant’s indemnity obligations.

DISCLAIMER OF WARRANTIES AND LIABILITIES. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE.

WWW.SANDIEGOLAWYERS.COM, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF WWW.SANDIEGOLAWYERS.COM IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT’S USE OF OR INABILITY TO USE THIS SERVICE, WWW.SANDIEGOLAWYERS.COM’S ACCEPTANCE OR REJECTION OF A SUGGESTED Firm, OR WWW.SANDIEGOLAWYERS.COM’S CONTINUED LISTING OF A Firm IN THE DIRECTORY.

WWW.SANDIEGOLAWYERS.COMS LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO WWW.SANDIEGOLAWYERS.COM UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

FORCE MAJEURE. Neither party to this Agreement shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

NOTICES. Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to WWW.SANDIEGOLAWYERS.COM, such notices shall be addressed to info@sandiego.law or P.O. Box 270185, San Diego, California 92198, USA. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant’s Service registration form, or such other address as either party may give the other by notice as provided in this Section.

ENTIRE AGREEMENT.This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties.

GENERAL. The Agreement and the relationship between Applicant and WWW.SANDIEGOLAWYERS.COM shall be governed by the laws of the state of California without regard to its conflict of law provisions. Applicant and WWW.SANDIEGOLAWYERS.COM agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of California for the County of San Diego or the United States District Court for the Southern District of California. WWW.SANDIEGOLAWYERS.COM’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. Applicant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, to the Agreement, or to Applicant’s listing in the Directory must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in the Agreement are for convenience only and shall have no effect on the interpretation of any part or provision regardless of the title heading under which the part of provision is allocated.