TERMS OF SERVICE

Please read the following "Terms of Service". By using the TempAtty.com Website and related services ("Website") you are agreeing to these Terms of Service. If you do not accept that these Terms of Service are binding on you, then do not use the Website.

TempAtty.com may revise these Terms of Service at any time by updating this posting. Please review these Terms of Service regularly -- they are binding on you.

The terms "you" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason.

1. Copyright Notice.

All content included on this site, including text, graphics, logos, images, and software (including but not limited to the HTML code used to generate the pages on the Website) is the property of Temp Atty, Inc. doing business as TempAtty.com or Temporary Attorney (hereinafter "TempAtty") and protected by U.S. and international copyright laws. All rights are reserved. All other copyrights, trademarks and other intellectual property rights referred to in this Web Site belong to their respective owners.

2. Your Registration Requirements.

Where applicable, in consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TempAtty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TempAtty has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. Member Account, Password and Security.

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TempAtty of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TempAtty cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

4. Permissive Use.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TempAtty, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TempAtty does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TempAtty be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

5. Acceptable Use.

This Website may be used only for lawful purposes by admitted attorneys and non-admitted law school graduates (“attorneys”) seeking employment and other information posted on the Website and by employers seeking to hire admitted attorneys and non-admitted law school graduates and the general public advertising of legal services for a fee. Any other persons who wants to use the Website will be required to first obtain the express written consent of TempAtty.com before using the Website. Permission is granted to download and print materials from this Website for personal, non-commercial use. You are authorized to view and download a single copy of the material on the Website. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of TempAtty.com is strictly prohibited. Specifically, you shall not copy or adapt the HTML code used to generate the pages on the Website.

6. Prohibited Use.

You agree to not use the Service to:

6.1 General Rules. Users may not use the Website in a manner (a) that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (b) that is defamatory, obscene, threatening, abusive or hateful; (c) that violates or attempts to violates the security of the Website; (d) that attempts to access data not intended for such user or logging into a server or account which the user is not authorized to access, (e) that attempts to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", (e) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. or (f) sending unsolicited e-mail, including promotions and/or advertising of products or services.

6.2 Specific Prohibited Uses. TempAtty.com specifically prohibits any use of the Website, and all Users agree not to use the Website, for any of the following:
6.2.1 Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
6.2.2 Posting any false or inaccurate biographical information or information which is not accurate, or deleting or revising any material posted by any other User;
6.2.3 Harm minors in any way;
6.2.4 Disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
6.2.5 Impersonate any person or entity, including, but not limited to, a TempAtty official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6.2.6 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
6.2.7 Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.2.8 Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
6.2.9 Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
6.2.10 Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6.2.11 Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
6.2.12 "Stalk" or otherwise harass another; or
6.2.13 Collect or store personal data about other users.
You acknowledge that TempAtty does not pre-screen Content, but that TempAtty and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. This means that You, and not TempAtty, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TempAtty does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Without limiting the foregoing, TempAtty and its designees shall have the right to remove any Content that violates these terms of service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TempAtty or submitted to TempAtty, including without limitation information in TempAtty: Message Boards, TempAtty Employer Surveys, and in all other parts of the Website. You acknowledge and agree that TempAtty may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TempAtty, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Under no circumstances will TempAtty be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

7. Disclaimers, Limitations, and Dispute Resolution

TEMPATTY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEMPATTY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

7.1 Employment Decisions. TempAtty is not responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Website.

7.2 No Independent Verification of Posted Information. TempAtty does not independently verify information posted by attorneys or employers on the Website and is not responsible for its accuracy.

7.3 Job Postings. TempAtty is a web site that recognized the absence of a comprehensive online service for temporary attorneys. However, TempAtty is not an agent of any employer. TempAtty acts as a researcher and collector of information to provide attorneys information about the temporary attorney field. Information retrieved and posted by TempAtty comes from public sources of information, including the Internet as well as from employers themselves. TempAtty does not guarantee the availability nor accuracy of any job postings or solo practitioner services and makes no independent representations regarding any employer or solo practitioner listed on the TempAtty.com Website.

7.4 Classifieds. TempAtty's Classifieds section only provides a venue for Users to list available jobs and legal services (collectively "Classifieds Postings"). TempAtty does not act as an agent of Users who post the Classifieds Postings. TempAtty does not get involved in any actual transaction between the Users posting Classifieds Postings and any Users responding to Classifieds Postings. TempAtty does not independently confirm the accuracy of the Classifieds Postings. We have no control over the quality, safety or legality of the Classifieds Postings, the truth or accuracy of the Classifieds Postings, or the ability of anyone posting the Classifieds Postings to actually complete a transaction or deliver on what is promised. For those reasons, TempAtty does not guarantee that the information contained in the Classifieds Postings is accurate, or current. If any User discovers that any of the Classifieds Postings are inaccurate or are in anyway improper, TempAtty.com requests that the User immediately contact TempAtty.com info@TempAtty.com.

7.5 Limitations. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEMPATTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You understand and agree that the Website is provided "AS-IS" and that TempAtty assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. No arbitration or other claim under this Agreement may be brought by either party against the other more than one (1) year after the cause of action arises. Neither party shall be liable to the other for indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, lost profits) related to the performance of this Agreement. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason of any event beyond its reasonable control, including any act of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications.

7.6 Arbitration. Any controversy or dispute arising out of this Agreement shall be settled by arbitration under the Rules of the American Arbitration Association ("the Rules") and not in Court. The Arbitration shall be held in New York, New York and the Arbitrator shall apply New York Law in reaching a decision.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEMPATTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEMPATTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

9. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6, 7 AND 8 MAY NOT APPLY TO YOU.

10. Fees for Classifieds Postings.

Classifieds Fee Schedule - Classifieds Postings are charged at the following rates: a. Solo Practitioner: $120; b. Job Postings: $65 As consideration for posting classifieds, including but not limited to jobs and solo practitioner, you hereby agree to pay TempAtty a fee for any Classifieds You post on the Website. The fee for your Classifieds Posting is as set forth on TempAtty's current Classifieds Fee Schedule. The Classifieds Postings will not be posted until TempAtty receives actual payment or assurance of payment acceptable to TempAtty in its sole discretion. In the event of a charge back by a credit card company (or similar action by another payment provider) TempAtty reserves the right to immediately remove the Classified Posting. You will remain responsible for paying TempAtty the fee listed on the Classifieds Fee Schedule.

11. International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

12. Additional Terms of Use.

Certain areas of the Website may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

13. Violations.

Please Report any violations of these terms of service to info@TempAtty.com. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Website are ™2006 TempAtty, Inc. All rights reserved.