Charges

Subscriber agrees to pay Lawyer Marketing Services referred to as “LMS” the charges set forth on the Order Form. Up-front charges are non-refundable and will be auto charged as follows: $(as outlined in signed contract). Monthly SEO charges will be auto-charged $(as outlined in signed contract) per month after the first month of billing. Client’s monthly services will not begin until the site is launched, 90 days after the first billing. If full payment of any Charge is not made, Subscriber services will be in danger of being canceled.   All Charges are exclusive of sales, use, ad valorem; value added tax (VAT), personal property and other applicable taxes, which are the responsibility of Subscriber. The client can not present a 90-day cancellation notice before paying all Up-front charges in full.

Terms & Termination

This Agreement will become effective upon approval by Lawyer Marketing Services, Inc as of the date specified on the order form. The initial term will be for twelve months and will renew perpetually on the anniversary date of the agreement. The agreement will continue in force until a 90-day prior written notice of cancellation is received.

Should the client cancel services with LMS, the client may request the website’s files within 60 days of your drop date in static format (i.e., .html, .jpg, and .png) reflecting the state of the website when it was last saved. The files will not include working files (i.e., PSD mockups), content management system files (i.e., WordPress) or search engine optimization beyond what is copied with the website. The client will be responsible for having any modifications in order for the website to function properly on a new server, this is not the responsibility of LMS. The Proprietary User Interface (PUI) are the tools and procedures used by LMS to perfect the websites operating system and will not be issued to the client at any time. LMS may reject the client’s request for website files if the client has failed to satisfy the Agreement terms or is otherwise in default on any LMS account.

Other Events of Termination, Notwithstanding the foregoing, either party may terminate this Agreement immediately upon giving notice of termination to the other party upon the occurrence of any of the following events: (i) the other party failing to cure a material breach hereof committed by it within 30 days after receiving written notice thereof; (ii) LMS ceasing to do business or to do business relevant hereunder (iii) Subscriber may terminate this Agreement immediately upon giving written notice of termination to LMS after receiving notice of an amendment which contains new terms that materially alter the terms of this Agreement and are unacceptable to Subscriber.

Advertising & Promotional Materials

Subscriber agrees to allow LMS to use Subscriber likenesses and information in advertising and promotional materials as LMS may determine. LMS will notify Subscriber of such advertising and promotional plans. If LMS does not receive written instruction from Subscriber within 72 hours of such notice indicating that Subscriber does not wish such use of likenesses and information by LMS, LMS may, at its sole discretion, proceed with such use in advertising and promotional materials.

Content Materials

Effective Immediately clients who require the approval of content (blogs or pages of content) before posting will note the following change in policy and agreement.  This policy and change in agreement is due to some law firms who take several months to give feedback on content written.  For those law firms, Lawyer Marketing Services, Inc. will not continue the monthly writing schedule until approval of content submitted to the law firm has been given.  No refunds or adjustments to pricing will be given for content missed by a delay in schedule caused by a delay in approval from the law firm.
EXAMPLE
Month 1 – 4 blogs submitted for approval
4 weeks later no approval or comments have been made from the law firm.
Month 2 – No blogs will be written
2 weeks later approval from blogs in month 1 is given
Month 3 – 4 blogs are written and submitted for approval
Notice in the example above.  The opportunity for 4 blogs written in month 2 was missed due to a delay in approval from the law firm.  The reason for the change in policy is Lawyer Marketing Services has written blogs by agreement in every month whether approval or comments were given. In some cases, the law firm did not like the writing style and every blog from those first submitted had to be rewritten. This policy will ensure content is not written before corrections or approval to previous content has been given.

Force Majeure

LMS shall not be responsible for any delays, errors, failures to perform, interruptions, or disruptions in the Services caused by or resulting from any act, omission or condition beyond LMS’s reasonable control, whether or not foreseeable or identified, including without limitation acts of God, strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, earthquakes, severe weather, floods or other natural disaster or Subscriber’s or any third party’s hardware, software including contact forms and email delivery, or communications equipment or facilities.

Assignment

The subscriber may not resell, assign or transfer any of its rights or obligations under this Agreement, in whole or in part, without LMS’s prior written consent, and any attempt to so resell, assign or transfer will be null and void.

Disclaimer Of Warranty

SUBSCRIBER ACKNOWLEDGES THAT CERTAIN SOFTWARE USED BY INTERNET USERS MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OR FUNCTIONALITIES, WHICH MAY BE INCLUDED IN SERVICES. LMS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM RELATING TO ANY INTERNET USER’S INABILITY TO ACCESS THE SERVICES PROPERLY OR COMPLETELY OR FOR ANY CLAIM RELATING TO ANY ERRORS OR OMISSIONS IN THE SERVICES. THE SERVICES AND LMS’s PARTNERS’ CONCOMITANT SERVICES RELATED TO THE PUBLICATION AND DELIVERY THEREOF ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. NEITHER LMS NOR ITS AFFILIATES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR FREE.

General Provisions

This Agreement will be governed by and construed under the laws of the State of Oklahoma, without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Oklahoma will have exclusive jurisdiction over any claim arising out of this Agreement, and each party consents to the exclusive jurisdiction of such courts. LMS may make credit investigations it deems appropriate including the request for a consumer credit report from a credit-reporting agency on any individuals identified in this order form. If a subscriber inquires whether a credit report was requested, LMS will provide information of such if a report was received and the name, address, and telephone number of the agency that supplied the report. Should any provision of this Agreement be held void, invalid, unenforceable or illegal by a court of law, the remaining provisions will remain valid and enforceable. Failure to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.   This agreement is good for 30 days. No modifications to this agreement will be acceptable unless attached as an addendum and signed by both parties.