Terms and Conditions for Regional Usage of DUIAttorneys.com
THE TERMS & CONDITIONS made effective on today’s date, via time stamp, between Legal Brand Marketing, LLC the representative of the Domain Name(s) (as hereinafter defined), of Woodland Hills, California (the “Lessor”), and You, The Individual, The Law Firm, The Advertiser, The Attorney, the party wishing to obtain the use of the Domain Name(s), (the “Lessee”). The Domain Name(s) will be used for 3rd party renting based on the domain dividing technology Legal Brand Marketing, LLC has created.
THE LESSOR AND THE LESSEE HEREBY AGREE as follows:
The Lessor shall lease to the Lessee and the Lessee shall lease from the Lessor the agreed upon local region within the domain name(s); (“the Domain Name(s)”) for the term and at the amounts payable and on the terms and conditions contained in this Lease.
- Exclusive Right
Lessee has the exclusive right to use the agreed upon local region of the Domain Name(s) for branding, lead generation, gaining new clients, directing people and users to the domain name(s) and for all other lawful purposes.
- Service Explained
The website traffic, inquiries and/or leads that come to the domain name(s) within Lessee’s local area shall be directed to Lessee’s existing website. There are over 200 total regions for each domain name. If Lessee are in another city or state, Lessee may see another lessee using the domain name(s) for its local area. Lessor makes no guarantees, promises and/or warranties in relation to a) the amount of traffic and/or clients that will be generated pursuant to this Agreement, b) search engine rankings and/or keywords, c) the exclusivity of the domain name(s), d) leads, e) referrals, f) inquiries and/or g) users.
Lessee’s website may be pulled at any time without notice if any technical issues arise with the domain name(s). For example, an immediate drop in the domain name’s search engine rankings, which may have an adverse effect on Lessor’s site as a whole.
The term of this Lease shall be for a period of 3 Months, commencing on the date of the first payment and transforming into a month-to-month agreement at the conclusion of the 3 Month period, unless Lessor receives written notice from Lessee in accordance with Paragraph 19 herein. If, after the expiration of the 3 Month period, Lessee wants to cancel the Agreement then it must provide Lessor with written notice at least seven (7) days prior to the next billing cycle, in accordance with Paragraph 19 herein.
The monthly rate during the 3 Month period is $495.00 and monthly services are deemed to be provided in full upon Lessee’s campaign going live. At the conclusion of the 3 Month period the monthly rate may be lowered or increased by Lessor upon 30 days written notice to Lessee in accordance with Paragraph 19 herein.
Lessee shall pay the agreed upon rental fee for the regional Domain Name(s) usage to the Lessor as follows: rental payments shall be automatically deducted from Lessee’s credit card on file at the beginning of each 30-day billing cycle. If Lessee fails to timely issue the rental fee then Lessee has seven (7) days to issue payment, otherwise Lessee will be deemed to be in breach of the Agreement and Lessor has the right to apply the domain name(s) to a different lessee and incorporate that lessee into the system. It is Lessee’s sole responsibility to maintain an up-to-date credit card with accurate information on file with Lessor. An expired, cancelled or otherwise invalid credit card is considered a default by Lessee of the Agreement, and unless remedied within the seven (7) day period set forth in this Paragraph, Lessor reserves its rights as set forth under Paragraph 15 herein.
No refunds or partial refunds will be issued at any time; unless agreed upon in writing by the Lessor and Lessee.
- Ownership of Domain Name(s)
(a) The Lessor retains full title to the Domain Name(s) notwithstanding the Lease of same to the Lessee, subject only to the rights of the Lessee as a bailee of the Domain Name(s) with the right only to use the Domain Name(s) in accordance with the terms of this Lease.
(b) The Lessee acknowledges that no representation has been made, either express or implied, written or oral has been made by or on behalf of the Lessor to the Lessee that the Domain Name(s) may be purchased from the Lessor by the Lessee or by any nominee of the Lessee at any time.
(c) The Lessee acknowledges that Lessee will not accrue any incremental ownership or financial interest in the Domain Name(s) regardless of the time, efforts, marketing or financial investments Lessee expends in marketing the Domain Name(s).
(d) The Lessee acknowledges that Lessee will not accrue any incremental ownership or financial interest in the Domain Name(s) regardless of the amount of rental fees realized over the term of this Agreement.
- Ownership of Legal Brand Marketing, LLC Technology
(a) The Lessor retains full title to the Domain Dividing Technology notwithstanding the Lease of the same to the Lessee subject only to the rights of the Lessee as a mere bailee of the Domain Dividing Technology with the right only to use the Domain Dividing Technology in accordance with the terms of this Agreement.
(b) The Lessee acknowledges that no option provided or representation, either express or implied, written or oral has been made by or on behalf of the Lessee to the Lessor that the Domain Dividing technology may be purchased from the Lessor by the Lessee or by any nominee of the Lessee at any time.
(c) The Lessee acknowledges that Lessee will not accrue any incremental ownership or financial interest in the Domain Dividing technology regardless of the time, efforts, marketing or financial investments Lessee expends in marketing the Domain Dividing Technology.
(d) The Lessee acknowledges that Lessee will not accrue any incremental ownership or financial interest in the Domain Dividing technology regardless of the amount of rental fees realized over the term of this contract.
(e) The Lessee acknowledges that Lessee will not accrue any incremental ownership or financial interest in the advertisers within the Domain Dividing Technology, or the Lessor company. All advertisers within the Lessor system are generated for sole ownership for the Lessor.
- Hosting of Domain Name(s)
Domain Name(s) will remain hosted on Lessors existing website hosting company or server with a 99.9% uptime guarantee; Lessee shall keep its current hosting and website and shall be responsible for Lessee existing uptime. Lessor is providing a service that will take Lessee’s existing website, and incorporate Lessee’s URL into Lessor’s system, which will then populate with Lessee’s existing website, and traffic will be available for Lessee’s local area. Lessor is not a domain name(s) hosting or website hosting service.
- Possible Sale of Domain Name(s)
The Lessor holds the right to sell the domain name(s) at any time without consultation from Lessee. Any and all agreements shall remain in place.
- Lessee’s Compliance
The Lessee, in its use of the Domain Name(s), shall comply with all applicable laws whether provincial, state, federal or international that apply to the Lessee.
The parties to this Agreement shall keep the details thereof confidential. Lessor reserves the right to disclose the terms of the Agreement in the event of any sales of the Domain Name(s) and/or the Lessor’s company, or to generate additional income sources.
The Lessee shall indemnify and hold Lessor harmless against all damages, losses or liabilities that may arise in respect of the Domain Name(s) or its use or operation by the Lessee or by any other party.
- a) The Lessor and the Lessee agree that each of the following events amounts to a default by the Lessee under this Lease:
- i) If the Lessee fails to pay any rental payment or other amount payable under this Lease on the due date for payment;
- ii) If the Lessee fails to perform or observe any of the covenants or provisions of this Lease on the part of the Lessee to be performed or observed;
iii) If a writ of execution is issued against the Lessee’s property under a judgment in any court of competent jurisdiction;
- iv) If a distress warrant is issued against the Lessee’s property under a judgment in any court of competent jurisdiction;
- v) If the Lessee becomes bankrupt or if the Lessee makes an assignment or composition with the Lessee’s creditors or if the Lessee is a body corporate and a resolution is passed or a petition filed for the winding up of the Lessee other than for the purposes of reconstruction or amalgamation or if the Lessee becomes subject to the appointment of a receiver;
- b) In the event default occurs, the Lessor may immediately or at any time thereafter without giving any notice to the Lessee re-take possession of the region within the Domain Name(s) and terminate this Agreement but without releasing the Lessee from any liability in respect of any breach or non-observance of any of the provisions contained or implied in this Lease and without prejudice to the Lessor’s right to retain all money paid to the Lessor pursuant to this Agreement and the Lessor’s right to claim damages pursuant to the subparagraphs below:
- i) If this Lease is terminated for any reason other than its due fulfillment by the Lessee or other than with the express consent of the Lessor in writing then without prejudice to its other rights at law or in equity the Lessor may at any time demand immediate payment of all of the following:
- ii) All arrears of rent and other money then due and payable by the Lessee under the Lease.
iii) The Lessor’s loss on the Lease to be notified by the Lessor to the Lessee.
- iv) All costs and expenses incurred by the Lessor enforcing this Agreement.
- Invalidity or Severability
If any Article, Section, Paragraph or provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of this Agreement. Any provisions of this Agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement, it being the intent and purpose that this Agreement should survive and be valid to the maximum extent permitted by applicable law. For greater certainty, this Agreement shall be read as if the invalid, unenforceable or illegal provision had never formed part hereof, and a “provision” for these purposes shall include the smallest severable portion of sections, paragraphs or clauses, or sentences contained therein, and not, unless the context absolutely requires, the whole thereof.
No party to this Agreement shall be deemed to have waived any of its rights, powers or remedies under this Agreement unless such waiver is expressly set forth in writing. No consent or waiver, express or implied, by a party of any breach or default by the other party in the performance of such other party of its obligations shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations under this Agreement of such other party. Failure on the part of a party to complain of any act or failure to act of another party or to declare another party in default, irrespective of how long such failure continues, shall not constitute a waiver by the first mentioned party of its rights under this Agreement.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of California and the parties hereby attorn to the jurisdiction of the courts of Los Angeles County, California.
All notices required or permitted to be given pursuant to this Agreement shall be delivered by hand to the party for which it is intended, or sent by telex, fax, telegram, electronic email or other form of transmitted or electronic message or sent by prepaid courier directly to such party at the following addresses, respectively:
If to Lessor: Legal Brand Marketing, LLC
Address: 20700 Ventura Blvd., Suite 301, Woodland Hills, CA91364
If to Lessee: The information on file as produced by the Lessee during at the time this Agreement is entered into.
Or at such other address as either party may stipulate by notice to the other. Any notice delivered by hand or prepaid courier or sent by facsimile or electronic email shall be deemed to be received on the date of actual delivery thereof. Any notice so sent by telex, telegram or similar form of transmitted message shall be deemed to have been received on the next day following transmission.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the today’s date as the time stamp demonstrates.
By check marking the box on the order form page, this will act as your binding signature, and acceptance of the terms and conditions of this page.