USE OF THE MONDAYBEAM.COM WEB SITE (AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THEREIN) (COLLECTIVELY, THE “WEB SITE” OR “SITE”) AND THE SERVICES OFFERED BY MONDAY BEAM, MONDAYBEAM.COM AND/OR BEAM™ LEGAL (“ATTORNEY” HEREIN), WHETHER DIGITALLY, ONLINE, INWORLD, OR WITHIN THE CONFINES OF A VIRTUAL ENVIRONMENT AND OR MASSIVE MULTIPLAYER ONLINE ROLE PLAYING GAME (‘MMORPG” OR “INWORLD FORUM” HEREIN), INCLUDING BUT NOT LIMITED TO SECOND LIFE™, AND/OR ITS RELATED PLATFORMS, IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT (“TOS” AND/OR “AGREEMENT” HEREIN). BY USING THE WEB SITE OR INWORLD FORUM IN ANY MANNER, OR UTILIZING THE SERVICES OF THE ATTORNEY, YOU: (1) REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE TERMS CONTAINED HEREIN, (2) ARE AT LEAST 18 YEARS OF AGE AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT, (3) AGREE TO CHECK THE SITE PERIODICALLY FOR UPDATES TO THESE TERMS OF SERVICE; AND (4) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN DISCLOSED.
Limits on Representation
The Second Life™ account holder behind Monday Beam (“Attorney” herein), is a real life attorney practicing law in the United States and licensed to practice in the state of Illinois before the Circuit Courts of that state, the Illinois Appellate Court, the Illinois Supreme Court, and federally within the District Court for the Northern District of Illinois. The Attorney is currently available for contact within the Massive Multiplayer Online Role Playing Game (“MMORPG” or “Game” herein) entitled Second Life™ (“SL”). The Attorney offers communications (the “Service”) to you (the “User” or “Customer” herein), be it written, verbal, or otherwise. The name “Monday Beam,” used by the Attorney, is a fictional screen name, used exclusively within the Game, for the purposes of exploring the various legal issues arising in and around SL and various other virtual communities similar to SL. Nothing in this agreement shall be deemed to create an actual attorney-client relationship with the fictional character “Monday Beam” to which the applicable rules of conduct for attorneys in the United States are subject. Rather, all role play communications with the Attorney, under the screen name “Monday Beam,” within the Game and/or via email or other electronic, telephonic, written and/or verbal communications shall be deemed strictly role play, and shall be construed as fictional in nature. As such, all role play communications purporting to resolve conflicts or represent the interests of any given party within the confines of the Game are explicitly understood to be fictional in nature for entertainment purposes only. SOME GAME PLAY WITHIN SL MAY PURPORT TO BE LEGITIMATE BUSINESS FOR WHICH REAL LIFE LEGAL REPRESENTATION IS NECESSARY AND APPROPRIATE. IN SUCH CASES, THE ATTORNEY AND THE CLIENT SHALL EXECUTE A SEPARATE WRITTEN RETAINER AGREEMENT, TO BE HAND SIGNED AND NOTARIZED BY THE ATTORNEY AND THE CLIENT, IN ORDER TO CREATE A LEGALLY BINDING ATTORNEY-CLIENT RELATIONSHIP. ABSENT THIS WRITTEN, SIGNED, AND NOTARIZED RETAINER AGREEMENT FOR REAL LIFE LEGAL SERVICES, AND UTILIZING THE REAL LIFE NAMES OF BOTH PARTIES, ALL COMMUNICATIONS WITH THE ATTORNEY SHALL BE DEEMED FICTIONAL IN NATURE, FOR ENTERTAINMENT PURPOSES ONLY, AND SHALL NOT BE DEEMED TO RISE TO THE LEVEL OF ACTUAL REPRESENTATION, SUBJECT ONLY TO FURTHER TERMS DISCLOSED HEREIN.
Legal Forms Service
Notwithstanding any provisions limiting the scope and nature of legal representation by way of a fully executed retainer agreement as described above, BEAM™ Legal does provide an online legal portal to provide users with a general understanding of intellectual property law and to provide an automated web-based solution to individuals who choose to prepare their own legal documents. All legal documents and forms (“Forms” herein) provided by BEAM™ Legal have been drafted by an affiliate attorney in good standing licensed to practice law in the United States and shall be fully enforceable under law for their intended purpose(s). The User need not download or even license BEAM™ Legal software. BEAM™ Legal hosts its electronic form web-based software as a backend service for customers when they create their own documents. The Site includes general information on commonly encountered legal issues in a virtual MMORPG setting such as Second Life™, specifically related to intellectual property issues. BEAM™ Legal services also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation, outside of the legal analysis required to draft the Forms in their original format, for their original intended purpose. Although BEAM™ Legal utilizes the expertise of licensed attorneys in order to provide and review legal forms, it is not a law firm and may not perform services performed by an attorney. BEAM™ Legal and its Services are not substitutes for the advice of an attorney and any requests for an attorney-client relationship with the Attorney described herein, for litigation, pre-litigation, consultation, or any other legal services other than the use of BEAM™ Legal Forms, shall be executed by a Retainer Agreement as described above. BEAM™ Legal strives to keep its legal documents accurate, current and up-to-date. However, because the scope of intellectual property law changes rapidly, BEAM™ Legal cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind BEAM™ Legal provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area or execute a retainer agreement for real life legal representation as described above. From time to time, BEAM™ Legal may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with BEAM™ Legal through the performance of any such services. This Site and Applications are not intended to create any attorney-client relationship, and your use of BEAM™ Legal does not and will not create an attorney-client relationship between you and BEAM™ Legal. Instead, you are and will be representing yourself in any legal matter you undertake through BEAM™ Legal’s legal forms service.
Right to Use Legal Forms
On our Site, through our Applications, and through certain partners, we offer self-help electronic forms. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Service control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs. BEAM™ Legal grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of BEAM™ Legal and/or mondaybeam.com.
Disclaimer of Warranties
THIS WEB SITE AND ALL DIRECTLY OR INDIRECTLY RELATED ATTORNEY SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THE ATTORNEY AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE MONDAY BEAM WEB SITE(S) AND OTHER ONLINE MMORPG OR GAME SERVICE(S) EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER THE ATTORNEY NOR ITS CONTENT PROVIDERS WARRANTS THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THE WEB SITE(S) OR MEMBER SERVICES. NEITHER THE ATTORNEY NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE WEB SITE, SERVICES, OR THE INFORMATION CONTAINED THEREIN UNLESS EXPRESSLY STATED OTHERWISE IN WRITING.
Limitation of Liability
NEITHER THE ATTORNEY NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM THE ATTTORNEY MAKES THE WEBSITE OR OTHER SERVICES AVAILABLE TO SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, SERVICES, GAMES, AND OR THE USE OF, OR RELIANCE ON, THE WEB SITE AND OTHER SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY THE ATTORNEY OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.
NEITHER THE ATTORNEY NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF THE ATTORNEY OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may or may not apply based on local, state, provincial or federal laws and statutes.
Indemnification
You agree to indemnify, defend, and hold/save harmless the Attorney, its affiliates, members, and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Web Site, Communications, Games, and other Attorney Applications or Services; (ii) your breach of this Agreement; or (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Web Site or the Service.
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the United States and of the state of Illinois, without giving effect to any choice-of-law or conflict-of-law provision or rule (regardless of jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the United States. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the offices of the Attorney. Specifically the courts located in the state of Illinois, for any action or proceeding arising under or relating to this Agreement, the Web Site, or the use of, or reliance on this Web Site, Games, Services, and Applications whether based in contract or tort law.
Entire Agreement
This Agreement shall constitute the entire agreement between you and the Attorney regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
Severability
To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
Other Terms
You agree that these Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than to you, the Attorney and the Attorney’s subsidiaries, affiliates, employees, contractors, officers, directors, vendors, and content providers. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the United States and the state of Illinois, excluding its conflicts-of-law rules, govern this Agreement and your membership in the Service. Your conduct while using the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Attorney or relating in any way to your use of the Service resides in the courts of the United States and the state of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Illinois in connection with any such dispute including any claim involving the Attorney or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors or content providers.
The assurances and commitments in this “Other Terms” section shall survive termination of this Agreement.