TERMS & CONDITIONS FOR SPECIFIC PRODUCTS
Certain Products are subject to additional terms, conditions and fees (collectively, the "Specific Product Terms"). To the extent you have ordered any of the Products listed below, those Specific Product Terms applicable to them are set forth on this page and on the page(s) linked to from the product name below. These Specific Product Terms form part of your Agreement for the products ordered. All capitalized terms are as defined in the Terms and Conditions of Use (the "Terms of Use") or in these Specific Product Terms. Certain Products listed here are no longer provided to new customers, but continue to be listed here for purposes of legacy customer agreements only.
LIST OF SPECIFIC PRODUCTS AND THEIR RELATED TERMS & CONDITIONS:
30 Second Video
30 Second Video Montage
1 Minute Video Premium
1 Minute Video Montage
2 Minute Video Premium
Additional Listings
Additional Domain
Ask a Lawyer
Bar Register
Brand Management Suite
Call Tracking
Cross Reference Listing
Custom Web Site Service
Direct Web Site Link
Diversity Profile
Google Ads Practice-Area Admin Fee
Group Profiles
International Sponsorship n/k/a Preferred Martindale.com International Results
Law Directories
Law Firm Video Services
Lawyers.comâ„ Direct Web Site Link
Lawyer Web Site Do-It-Yourself
Lawyer Web Site Do-It-Yourself Plus
Lawyer Web Site Custom
Lawyer Web Site Custom Plus
Lawyer Web Site-Level I n/k/a Lawyer Web Site Do-It-Yourself
Lawyer Web Site Level II n/k/a Lawyer Web Site Do-It-Yourself Plus
Lawyer Web Site Level III n/k/a Lawyer Web Site Custom Plus
Legal Articles
Live Chat
Local Boost
Microsites
Local Search
Martindale-Hubbell® Client Review Rating
Martindale-Hubbell® Peer Review Rating
Martindale-Hubbell® Peer Review Rating Toolkit
Martindale.com® Sponsorship n/k/a Preferred Martindale.com
Mobile Web Site Personalization
Ngage Live Chat
Pay Per Click Service
Practice Area Newsletters
Preferred Banner Placements
Preferred Links
Preferred Martindale.com International Results
Preferred Martindale.com Results
Preferred Results
Premier Banner Sponsorship n/k/a Preferred Banner Placements
Professional Profile
Search Engine Optimization Services ("Web Visibility" and "Web Visibility Advanced")
Site Edge
Site Essentials
Site Exclusives
Social Starter
Sponsored Links n/k/a "Preferred Links"
Sponsored Results n/k/a "Preferred Results"
Translation Services
TrueScheduler
Web Distinctions
Web Essentials
Web Exclusives
Web Premier
Web Professional Presence
Web Site Hosting Services
Website Series
Web Visibility
Web Visibility Advanced
WebVantage
WebVantage Plus
SEO Services
PROFESSIONAL PROFILE
"PROFESSIONAL PROFILE" means the display of detailed information about your firm and its attorneys, with Content provided by the firm or obtained from the firm's Website in accordance with the Terms of Use which may include the firm name and contact info, practice areas, associations, links, Individual lawyer biographical information, individual lawyer email addresses, photos, clients, and case summaries and which may be enhanced by other Products.
PROFESSIONAL PROFILE ADDITIONAL TERMS
You authorize MH to include Your Content relating to the applicable year in the relevant Martindale-Hubbell® Law Directories and to allow it to be made available through the Media Outlets. Should your Professional Profile match a user's search criteria, then your Professional Profile will be displayed in Online Directory search result at https://www.Lawyers.com and https://www.martindale.com ahead of lawyers and firms that are not customers of the Web Site Services. In the event you require additional space (e.g., adding individuals, bios, etc.) for your Professional Profile, MH reserves the right to increase your fees accordingly. The fees for the Professional Profile include a fee for the display of your MH rating (if applicable). MH, in its sole discretion, may substitute another format for orders for the Martindale-Hubbell® Law Directory. Subject to the provisions of your Agreement, you are granted a limited, non-exclusive, non-transferable license to access and use MH provided Software and the Products only for internal business purposes in connection with the creation, updating, and maintenance of the Professional Profile. You may not alter, copy, reproduce, transmit, display, distribute, sell, transfer, or dispose of in any manner, or create derivative works of, any of the protected proprietary items of MH, including, but not limited to, (i) the Software; (ii) the Products; (iii) the MH domain names; (iv) the MH Websites and all content therein; (v) the MH online services and all content therein; (vi) personalized website addresses within www.Lawyers.com; (vii) MH owned or controlled logos, service marks and trademarks (the "Marks") placed in any Products; and (viii) all Content other than Your Content, without the express written permission of an authorized representative of MH.
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LAW FIRM VIDEO SERVICES
"30 SECOND VIDEO" means developing a video of up to thirty (30) seconds in length, which is professionally shot in approximately one (1) hour on location at the attorney's office using professional lighting. One (1) round of editorial feedback from Customer is included.
"30 SECOND VIDEO MONTAGE" means developing a video of up to thirty (30) seconds in length, which is made up entirely of stock footage. No live video footage is shot. The stock footage will be provided by MH. Customer may request, and MH may include in its sole discretion, footage shot and provided by Customer if a) Customer provides the footage to MH at the time the order for this product is entered, b) Customer represents in writing that it has all ownership rights for MH to use, distribute and display such footage as part of this product, and c) Customer grants MH a license to use, distribute and display such footage. Edits to the video are limited to minor deletions of video or audio only.
"1 MINUTE VIDEO MONTAGE" means developing a video of up to one (1) minute in length, which is made up entirely of stock footage. No live video footage is shot. The stock footage will be provided by MH. Customer may request, and MH may include in its sole discretion, footage that is shot and provided by Customer if a) Customer provides the footage to MH at the time the order for this product is entered, b) Customer represents in writing that it has all ownership rights for MH to use, distribute and display such footage as part of this product, and c) Customer grants MH a license to use such footage. Edits to the video are limited to minor deletions of video or audio only.
"1 MINUTE VIDEO PREMIUM" means developing a video of up to one (1) minute in length, which is professionally shot in approximately one (1) hour on location at the attorney's office using professional lighting. One round of editorial feedback from Customer is included.
"2 MINUTE VIDEO PREMIUM" means developing a video of up to two (2) minutes in length, which is professionally shot in approximately two (2) hours on location at the attorney's office using professional lighting and an interview format. One round of editorial feedback from Customer is included.
"PRACTITIONER PROFILE" means a video up to one (1) minute in length that is shot on location at Customer's office in approximately one (1) hour and captures the Customer's personal story.
"PRACTITIONER PROFILE PREMIUM" means a video up to two (2) minutes in length that is shot on location at Customer's office in approximately two (2) hours and captures the Customer's personal story. This service includes one round of minor editorial feedback.
"FIRM VIDEO" means a video up to four (4) minutes in length that is shot on location at Customer's office and captures the firm's story. This service includes a full day shoot and one round of editorial feedback.
"FIRM VIDEO PREMIUM" means up to four (4) videos in total, which are shot on location at Customer's office. Each video will be approximately four (4) minutes in length and will capture the firm's story. Three additional videos of up to two (2) minutes in length that capture expert profiles from attorneys within specific areas of practice are also included. This service includes a full day shoot and two (2) rounds of editorial feedback.
"CLIENT TESTIMONIAL" means a video up to one (1) minute in length that is shot on location at Customer's office in about one (1) hour and captures the personal testimonial of Customer’s client.
LAW FIRM VIDEO SERVICES ADDITIONAL TERMS
MH's Obligations. In consideration for your obligation to pay fees for the video, MH will work with a third-party video producer so that a video or videos can be created for airing on Media Outlets (as defined herein) and other media identified by MH. MH will use reasonable commercial efforts to see that the video is created in a timely, professional manner. As used herein, "Media Outlets" means the MH Websites identified by MH and certain websites with which MH has alliances.
Customer's Obligations. Except as it relates to Video Montage services, in addition to the cooperation obligations set forth in this Agreement, Customer shall promptly schedule video shoots, provide a location for the video shoots, and provide participants that are to be featured in the video in a timely fashion. Customer shall provide at least forty-eight (48) hours' advanced notice to reschedule a video shoot. If Customer reschedules a video shoot with less than forty-eight (48) hours' advanced notice, Customer agrees to pay a reasonable rescheduling fee set by MH. Customer acknowledges that once the video is delivered, Customer has the right to use the video in the normal course of business but has no right to alter the video in any way without prior the written consent of MH.
Review. Upon completion of each video, Customer will be provided the opportunity to review the video.
For Video Montage services, Customer shall have five (5) business days to request the removal of up to ten (10) seconds of audio or video. Upon receipt of any suggested changes, MH will use commercially reasonable efforts to make all changes which are reasonably necessary. Changes beyond the scope of the video level ordered shall require a change order and an additional fee.
For all other video services, Customer shall have five (5) business days to provide MH with either written approval of such video or a written list of suggested changes. Written notice of approval or changes may be in electronic (e.g., email) or print form. If no written approval or written list of suggested changes is received within five (5) business days, then Customer waives its right to have the video edited and Customer's acceptance of the video will be assumed. MH will not be obligated to proceed with launching the video until it receives written approval of the video.
Upon receipt of any list of suggested changes, MH shall undertake to make all changes which are reasonably necessary. Changes beyond the scope of the video level ordered shall require a change order and an additional fee.
Grant of Rights. Throughout the Term, Customer hereby grants to MH a non-exclusive, transferable, worldwide royalty-free right to store, use, reproduce, modify, edit and display all Your Content supplied by Customer hereunder or created under the Agreement for MH's use in connection with creating or displaying Customer's video. MH hereby grants to Customer a perpetual non-exclusive, non-transferable, worldwide royalty-free right to use the MH Content in the video as part of the video only, so long as Customer complies with the terms and conditions of the Agreement. During and after the Term, MH shall have the right to immediately terminate the rights granted herein due to a breach of the terms of the Agreement. Customer may not make derivative works of the video without the prior written consent of MH.
Representations; Limited Warranties & Acknowledgments. Customer understands and acknowledges that it has sole control over the content of its video and that its video must comply with all applicable federal, state and local laws, rules and regulations, including any applicable rules of practice governing attorney advertising. MH has the right to review and approve or reject the video and its Content at any time.
Additional Representations; Limited Warranties & Acknowledgments as to Video Montage Products. Customer understands and acknowledges that: (a) Video Montage shot footage may be repurposed with other MH Customers and that all rights in the Video Montage Content and products remain the sole property of MH.
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ADDITIONAL LISTINGS
"Additional" means a profile of additional physical locations of your firm (in all media for the Products selected by you).
"Bar Register" means the inclusion of your Professional Profile in the Martindale-Hubbell® Bar Register of Preeminent Lawyers™ which is the exclusive directory of only those select law practices and law firms that have earned the AV® Rating in one of the Law Directories and have therefore been designated by their colleagues as preeminent in their field. At least one (1) lawyer in the firm must have an AV Rating for inclusion.
"Call Tracking" means the service that provides a publicized telephone number that rings to the customer's actual telephone number without disruption or awareness of the caller, allows the capture of information about the caller and the number of calls resulting from advertising initiatives, and determines call trends (time of day, day of week, etc.). MH is not responsible for the phone number assigned to Customer and all area codes may not be available. Should this contract expire or be terminated for any reason, a Customer who later re-orders the Call Tracking service may not receive the call tracking number previously issued.
"Cross Reference Profile" means a redirect to your firm's listing from another logical reference point in one of the Law Directories.
"Direct Web Site Link" means a link from any Lawyers.com and martindale.com Professional Profile ordered by Customer to Customer's existing website.
"Diversity Profile" means the display on any of the Media Outlets (as determined by MH) of a description of a law firm's diversity leadership, culture, and initiatives as well as an icon designating your firm's leadership in the area of diversity.
"Group Profiles" means the display on any of the Media Outlets (as determined by MH) of in-depth practice and industry group descriptions regarding your firm.
"Law Directory(ies)" means any or all of the following directories: Martindale-Hubbell® Law Directory, Preeminent Directory of Lawyers and Law Firms, Martindale-Hubbell® International Law Directory and the Martindale-Hubbell® Canadian Law Directory.
"Legal Articles" means the display on any of the Media Outlets (as determined by MH) of legal articles owned and provided by your firm in conjunction with the firm as well as the firm's authoring attorney's Professional Profile. Also searchable in Legal Articles section on martindale.com, highlighted in martindale.com lawyer/firm search results with an article icon, and included in Counsel To Counsel Alerts, if available.
"Martindale-Hubbell® Client Review Ratings" means the ratings generated from client feedback on a lawyer's services and other professional qualities and as further defined at www.martindale.com/ratings.
"Martindale-Hubbell® Peer Review Ratings" means the ratings generated from evaluations of lawyers by other members of the bar and the judiciary and as further defined a www.martindale.com/ratings.
"Martindale-Hubbell® Peer Review Rating Toolkit" means a service which provides tools to assist lawyers and their law firms with promoting Martindale-Hubbell® Peer Review Ratings™ through firm marketing materials.
"Practice Area Newsletters" means the display of newsletters containing consumer-friendly legal articles in a practice area which you select on your website. Practice Area Newsletters consist of MH Content.
DIVERSITY PROFILES, GROUP PROFILES, AND LEGAL ARTICLES ADDITIONAL TERMS
Customer Obligations; Invoicing. You agree to submit and update as needed the Content for your Diversity Profile, Group Profiles and Legal Articles through the MH Client Service Center. Customers will be charged and responsible for their Diversity Profile, Group Profiles and Legal Articles based upon the level of commitment indicated in the Order for each Product, regardless of whether the firm makes use of the Products for which it has committed. E.g. Your invoice will reflect the number of Legal Articles ordered for publication on martindale.com based on the quantity specified in the Order, not on the amount of Legal Articles actually submitted.
Legal Articles Additional Terms
License. You hereby grant to MH a non-exclusive, revocable, worldwide, royalty-free license: (a) to reproduce, publish, display, transmit and distribute the Legal Articles, which you represent are owned or controlled by you or a party on whose behalf you are authorized to act ("Licensed Materials"), by means of any technology now known or hereafter developed (i) on or through the Media Outlets, including via links from licensor's Profile(s) appearing on the Media Outlets; (ii) in combination with other works as part of an online or traditional print newsletter or similar service available from MH (including the use of portions of the Licensed Materials for abstracts promoting the availability of the Licensed Materials in such service); (iii) in a searchable database of articles maintained by MH; and (iv) in connection with other similar products and services that might be offered by MH and its affiliates and alliance partners and (b) to use excerpts from the Licensed Materials to promote and advertise the availability of the Licensed Materials. The license granted to MH for the Licensed Materials encompasses distribution by MH's affiliates, agents and alliance partners. Simultaneously with your execution of an Order for any Product which includes Legal Articles, you agree to deliver the Licensed Materials to MH electronically or to permit MH to retrieve the Licensed Materials electronically via any URL's provided by you to MH. MH may change the required delivery medium for any further Licensed Materials delivered under this Agreement upon reasonable prior written notice to you and you shall have the right to decline the licensing of further Licensed Materials if in your reasonable discretion the change in delivery medium is not acceptable to you. The Licensed Materials are Your Content.
Attribution; Discretionary Publication. MH agrees to provide attribution to you for the Licensed Materials. You agree that MH has the right to include the following or any similar statement in connection with display of the Licensed Materials: "The opinions stated in this article are those of the author and not of Martindale, LLC (or any of its affiliates or related entities). The article is provided as general information only, does not constitute specific legal advice, no solicitation is intended, and no attorney/client relationship is formed." You agree that MH has sole discretion to decline publication of Licensed Materials that MH believes are unsuitable for distribution.
Term for Licensed Materials. The term of this license for the Licensed Materials shall be the period during which the Licensed Materials are to be displayed or distributed by MH in accordance with the Order.
Additional Terms and Conditions. Licensed Materials appear on the firm's martindale.com profile for one year from the initial publication date or until your Professional Profile expires, whichever comes first, and in the articles database indefinitely. Legal Articles may cover any legal topic, area of practice and industry, but must be substantive and not self-promotional. All articles may be reviewed by MH and MH reserves the right to accept or reject Legal Articles.
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ASK A LAWYER
By ordering the Ask a Lawyer product ("AAL"), Customer understands, agrees and represents on behalf of its firm and each lawyer in the firm participating in the Ask a Lawyer product that it shall comply with all of the following additional terms and conditions:
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1. You are acting in an unpaid, volunteer position as a National Attorney Panelist. The purpose of this position is to provide public education on legal matters and to provide you and your firm national exposure through AAL.
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2. You represent and warrant that you are an attorney in good standing with a license to practice law in at least one of the fifty (50) United States of America or the District of Columbia. You agree to promptly notify MH of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license.
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3. You may terminate your participation in this service at any time for any reason or no reason by providing MH with notice of termination at least thirty (30) days prior to the effective date of termination. Notice may be delivered to MH via email to [email protected]. MH may terminate your participation in the Ask a Lawyer service at any time for any reason or no reason by providing you with notice of such termination.
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4. Each and every response and all other work and material provided or submitted by you to MH or its AAL feature (collectively, "Responses"), and all intellectual property rights therein, including, without limitation, all copyrights and moral rights (collectively, "IP Rights"), will be owned exclusively by MH. You agree that MH has commissioned you to provide Responses for AAL, and that the Responses are works made for hire. To the extent ownership of the Responses does not vest in MH as a work made for hire, you hereby assign to MH all IP Rights in and to the Responses. You also agree to promptly execute, acknowledge, and deliver to MH any additional assignments or other documents that may be reasonably requested by MH to effectuate the intent of the foregoing sentences. Subject to paragraph 9 below, you acknowledge and agree that MH, its parent and affiliated companies and their licensees may use the Responses in any manner that MH deems appropriate without any attribution or payment to you of any sort. This paragraph 4 will survive any termination of the Agreement.
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5. MH grants you a nonexclusive, nontransferable limited license to use your Responses within your Social Media Syndication. Your Social Media Syndication includes your firm's website, blog, Facebook, LinkedIn, and Twitter accounts and may include any other appropriate social media site you use for professional purposes. This limited license refers to the specific content which represents the questions to which you responded via AAL and your Responses (the "Designated Content") under the following terms and conditions:
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a. Each use of the Designated Content includes a hyperlink to the most recent AAL Q&A or other pages in AAL as designated by MH, and
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b. Each use of the Designated Content is solely for the purposes of promoting and marketing AAL and/or your contribution of the Designated Content (collectively the "Purpose").
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c. The Marks, link and Designated Content shall not be used in any media of or which benefits any MH competitor.
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d. You represent that (i) you shall comply with all policies and terms established by MH for hyperlinking, use of Marks, or use of any MH Content or the Designated Content, including, but not limited to, MH's positioning, messaging, and trademark and logo usage policies, as may be communicated from time to time; (ii) you shall only use the Mark provided to you by MH according to the terms of the Agreement, and you will not use any other mark without MH's prior written consent; (iii) you shall not to create any combination mark with any MH Mark; and (iv) you do not acquire any rights to MH copyrights, marks, or any other intellectual property under the Agreement except the limited rights necessary to fulfill the Purpose for the service under the Agreement.
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6. You will draft and submit your Responses via an online "Administration Page". MH will provide you with access to this Administration Page You understand that when you use that page, once "submit" is clicked, your Response will be published on the AAL webpage. You agree to use care in drafting Responses. If necessary, you have the ability to edit your Responses following publication. Your Responses to all questions must be educational and general in nature. Do not provide specific legal advice. MH may provide additional tips for answering questions from time to time, at its discretion.
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7. MH provides a disclaimer on AAL notifying visitors that attorney answers on AAL do not constitute legal advice and that an answer to a question does not establish an attorney-client relationship. However, you understand and agree that you are solely responsible for complying with any and all laws and advertising and ethics rules that may be applicable to customer’s participation in AAL, including, without limitation, rules regarding the establishment of attorney-client relationships, failure to maintain client confidences, the unauthorized practice of law, and any other applicable legal, advertising, or ethical requirements. MH highly recommends that you include a disclaimer at the end of every response. MH will have no liability to you arising out of or related to a) your compliance or noncompliance with such laws and rules, b) MH's inclusion or failure to include a disclaimer prior to, during, or after the term of the Agreement. It is recommended that you add any disclaimers with each of your Responses, which may be necessary for you to comply with the ethical requirements in the states in which you are licensed.
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8. MH reserves the right to request that you edit the content in your Responses or remove any of your Responses for any reason or no reason.
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9. Your name will be associated with each of your Responses in AAL when one of your Responses is included in the "Most Recent Q&A" section of AAL. Each question and corresponding Response may be archived and searchable on AAL and in other site searches associated with Lawyers.com and MH's media outlets. Visitors currently have the ability to view these archives, but such public access to the archives is not guaranteed. MH, at its discretion, may associate your name with your archived Responses; however, MH is not required to do so.
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10. You have the opportunity to submit a photo to your Lawyers.com profile. This photo may be included in your Responses on AAL. If you choose not to submit a photo then MH may display a stock photo or legal image in your AAL Responses. You hereby consent to the use of such stock photos or images in AAL.
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11. You are prohibited from responding to questions via personal or professional email, telephone or otherwise. You will not directly contact visitors who post questions on AAL prior to posting your response on AAL and any contact should be in compliance with applicable attorney ethics requirements. All Responses must be submitted through the Administrative Page.
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12. MH may immediately terminate, in whole or with regard to a specific use, your license to use any Mark if MH determines in its sole discretion that such use dilutes, diminishes, or blurs the value of the any of the Marks or does not comply with MH's usage policies. Upon MH's request you agree to remove the Designated Content, Marks and Links within fourteen (14) days of MH's notice to you.
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13. MH may publish or distribute advertising or promotional materials including your firm name, personal name, trademarks, service marks, logos, image, and photos, for the purpose of promoting the AAL feature. You authorize such use.
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14. You represent and warrant to MH that: (a) you will perform your duties for the Ask a Lawyer service in a highly professional manner, (b) except for public domain materials, your Responses will not infringe any third party rights, (c) your Responses will be your original work not previously published and will not contain libelous, obscene, or unlawful material, (d) the Responses will not invade anyone's privacy rights, and (e) your participation in AAL presents no conflicts of interest for you, and you assume all liability for any claims, suits, or grievances filed against you, including any and all damages related, due to your participation as a National Attorney Panelist.
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CUSTOMER WEBSITE SERVICES, WEB SITE HOSTING SERVICES & TRANSLATION SERVICES
"Page" or "page" means a web page, including up to four hundred (400) words, when used in the context of any Customer Website. Pages of a Customer Website that include more than four hundred (400) words shall be considered more than one page.
"Additional Domain" means an additional URL from which a user can reach your website on the Internet.
"Custom Web Site Service" n/k/a "Lawyer Web Site - Custom Plus Service" is described below.
"Lawyer Web Site - Do-It-Yourself Service" f/k/a "Lawyer Web Site - Level I Service" means the development and hosting of a website which includes the following features: unlimited pages of Content; links from your Professional Profile to the Customer Website; a unique web address that you own; email capabilities; automatic updates to your Customer Website in conjunction with updates to your Professional Profile; ability to upload images and embed videos; an interactive map feature; inclusion of keywords and meta-tags in your Customer Website pages to increase the likelihood of your site's presence in search engine results; Call Firm Now button and client feedback forms.
"Lawyer Web Site - Do-It-Yourself Plus Service" f/k/a "Lawyer Web Site - Level II Service" means the development and hosting of a website which includes the following features: unlimited pages of Content; email capabilities; links from your Professional Profile to the Customer Website; a unique web address that you own; automatic updates to your Lawyer Web Site in conjunction with updates to your Professional Profile; ability to upload images and embed videos; an interactive map feature; inclusion of keywords and meta-tags in your Customer Website pages to increase the likelihood of your site's presence in search engine results; client feedback forms; Call Firm Now button; two (2) Practice Area Newsletters and six (6) hours of website enhancement service. Unused enhancement service purchased for a particular year will not be carried over to subsequent years. Services provided in excess of the six (6) hours included with the Service may be charged on an hourly basis. Six (6) new hours of new enhancement service will be included with any renewal of this service.
"Lawyer Web Site - Custom Service" and "Lawyer Web Site - Custom Plus Service" f/k/a "Lawyer Web Site - Level III Service" means the development and hosting of a custom website as described under the additional terms set forth below.
"WebVantage" means the development, maintenance and hosting of responsive websites, which includes the following features:
- One (1) page of Custom Content at launch for the Home Page (additional custom content can be added and is sold separately); “Legal Marketing Content” or starter content from our content library; “Ported-Over Content” or content (text only) that we will transfer to the new website. All Ported-Over Content must be supplied by Customer from Customer’s pre-existing website and be owned by, or appropriately licensed to, Customer;
- A unique toll-free or local phone number for call tracking selected by us that will be routed to the phone number provided by Customer to help track phone calls generated by the website.
- One Review and Awards page, which will include third party reviews, including Google Reviews, so long as the firm has reviews to pull in. For Google reviews to be used, Customer must grant MH with Manager Access to their Google Business Profile account.
- If Customer subscribes to our Complete Profile Plus or Base Profile services, MH can pull a sample of directory reviews from the website; and
- Monthly customer support for the website.
"Brand Management Suite" means the exclusive feature for Customer Websites that provides a badge to showcase the attorney's Martindale-Hubbell® Peer Review Rating and Martindale-Hubbell® Client Review Rating as well as professional achievements generated from MH's database and/or provided by the attorney or law firm.
"Exclusives Service" means the development, maintenance and hosting of a custom web site which includes the following features: a fully custom-designed site, with up to six (6), twelve (12) or twenty-two (22) custom-written pages, the ability to add unlimited self-published pages, video hosting for up to five videos, two hours of site enhancements per month, use of MH CMS, basic mobile optimization, and website performance dashboard to track your website's performance and key site statistics.
"Site Edge Service" means the development, maintenance and hosting of a custom website which includes the following features: customizable design templates, basic content (e.g. maps/directions page, email/contact us page and sitemap) as well as up to three (3) pages of custom content, such as a homepage, lawyer biography page or practice area page and the option to add up to seven (7) additional custom content pages for a fee, the ability to add unlimited self-published pages, video hosting for up to five (5) videos, one (1) hour of site enhancement per month, use of MH CMS, basic SEO and basic mobile optimization, practice Area Newsletters (five (5) articles from three (3) practice areas updated every two (2) weeks) and website performance dashboard to track your website's performance and key site statistics.
"Site Essentials Service" means the development, maintenance, and hosting of a website which includes the following features: Content provided by MH including unique home page Content written specifically for your firm by MH; ability for you to add unlimited pages of Content, upload images, and embed videos, all of which you provide, to the website; a unique Web address that you own; thirty (30) minutes of site enhancement per month, use of MH CMS, basic mobile optimization and website performance dashboard to track your website's performance and key site statistics.
"Web Visibility Solutions" means the following Products: Web Essentials, Web Distinctions, Web Premier, Web Exclusives, Custom Web Visibility
"Web Essentials" is a website product that is a part of the Web Visibility Solutions portfolio of online marketing products for the legal industry. "Web Essentials" means the development, maintenance, and hosting of a website, which includes the following features: onsite/offsite search engine optimization, up to eight (8) pages of custom content (up to one page of additional content provided annually starting in year two (2) of service, number of pages to be determined by an SEO Specialist) , blogging ability (Content to be provided by Customer), basic mobile optimization, a content management system, a website performance dashboard to track key site statistics, a Call Tracking Number, up to one hour of site updates per month by phone or email to Customer Support, and a monthly status report.
"Web Distinctions" is a website product that is a part of the Web Visibility Solutions portfolio of online marketing products for the legal industry. "Web Distinctions" means the development, maintenance, and hosting of a website, which includes the following features: onsite/offsite search engine optimization, up to fifteen (15) pages of custom content (up to two (2) pages of additional content provided annually starting in year two (2) of service, number of pages to be determined by an SEO Specialist), blogging ability (Content to be provided by Customer), basic mobile optimization, a Content Management System, a website performance dashboard to track key site statistics, a Call Tracking Number, up to two (2) hours of site updates per month by phone or email to Customer Support, and a monthly status report.
"Web Premier" is a website product that is a part of the Web Visibility Solutions portfolio of online marketing products for the legal industry. "Web Premier" means the development, maintenance, and hosting of a website which includes the following features: onsite/offsite search engine optimization, up to twenty-five (25) pages of custom content (one (1) content refresh as needed; up to eight (8) pages of additional content provided annually starting in year two (2) of service, number of pages to be determined by an SEO Specialist), blogging ability (Content to be provided by Customer) Mobile Personalization, a content management system, a website performance dashboard to track key site statistics, a Call Tracking Number, up to four (4) hours of site updates per month by phone or email to Customer Support, and a monthly status report.
"Web Exclusives" is a website product that is a part of the Web Visibility Solutions portfolio of online marketing products for the legal industry. "Web Exclusives" means development, maintenance, and hosting of a website which includes the following features: onsite/offsite search engine optimization, up to thirty-five (35) pages of custom content (quarterly refresh available as needed, up to ten (10) pages of additional content provided annually starting in year two (2) of service, number of pages to be determined by an SEO Specialist), blogging ability (Content to be provided by Customer)(), Mobile Personalization, unlimited site updates per month by phone or email to Customer Support, a CMS, a website performance dashboard to track key site statistics, a Call Tracking Number, and a monthly status report.
"Web Professional Presence" is a website product that is a part of the Web Visibility Solutions portfolio of online marketing products for the legal industry. Web Professional Presence means the development, maintenance and hosting of a basic modular website which includes the following features: local profile development, up to five (5) pages of custom content (up to one page of additional content provided annually starting in year two (2) of service), blogging ability (Content to be provided by Customer), basic mobile optimization, a content management system, up to thirty (30) minutes of site updates per month by phone or email to Customer Support, a website performance dashboard to track key site statistics and a Call Tracking Number.
"Website Series" is a website design, development, and hosting service that is part of Web Visibility Solutions' portfolio of online marketing products for the legal industry. Website Series is designed to create an online presence for our customers by building a website that projects a polished and professional image on the internet. Each Website Series website package includes the following features:
- A unique toll-free or local phone number for call tracking selected by us that will be routed to the phone number provided by customer to help track phone calls generated by the website;
- A professional legal marketing website with a responsive design theme that utilizes images that adapt to the screen sizes of PCs, tablets, and mobile devices with full color displays and the latest versions of web browsers;
- Website Widgets comprising calendar, video, RSS Feeds, awards, and testimonial displays that the Customer can select for inclusion on the website. The information contained and/or displayed in these widgets will be supplied and entered by the Customer;
- "Legal Marketing Content" or starter content from our content library, which includes content written by legal marketing professionals that is tailored to the "tone" of the website that can or may be used on other websites. All content provided by us is final and no revisions will be made; Content can be revised by the customer through the CMS after the website is live on the internet. Customer will be solely responsible for any such revisions.
- "Ported-Over Content" or content (text only) that we will transfer to the new website. All Ported-Over Content must be supplied by the customer from a customers' pre-existing website and be owned by or licensed to Customer. No sounds, videos, or animations are included in "content" and formatting (font-colors, font-size, font-family, background colors, and spacing) may be changed to fit the design of the customer's new website;
- "Custom Content" drafted by legal marketing professionals that is unique to the Customer's website and will not be used on any other websites that are not related to the Customer. All Custom Content that is presented to the Customer is considered final for purposes of launching the website.
- Hosting for the Website Series website;
- "Content Management System" which gives the customer the ability to write blogs and edit content, access to Lawyers.com Ask a Lawyer;
- An attorney biography page based on the Customer's Lawyers.comâ„ Profile; and
- Monthly customer support for the website.
- FAQ Page(s) based on Customer’s participation in answering pre-selected questions.
- One Review and Awards page.
- “Social Starter” which means the online curation of published articles relevant to pre-selected areas of legal practice you select to participate in along with the distribution of the articles onto social media profiles including Facebook and LinkedIn. The service uses a proprietary interface that allows for selection of articles and a choice of manual or automatic distribution of the selected articles onto the social media profiles indicated above.
- “Professional Profile”(s) which means the minimum of one (1) Lawyers.com and Martindale.com legal profile.
Each tier of Website Series includes the features below.
- Website Series Bronze includes: Your choice of Legal Marketing Content; Your choice of WordPress Content Ported-Over (ported pages are subject to limitations if website is not ported over from an existing WordPress site but can be up to fifteen (15) pages; additional Custom Content can be added and is sold separately); thirty (30) minutes per month of customer support for your website; and up to one (1) “Cross-Reference Profile” and up to one (1)"Preferred Result" on Lawyers.com can be selected by the customer.
- Website Series Silver includes: your choice of Legal Marketing Content; your choice of WordPress Content Ported-Over(ported pages are subject to limitations if website is not ported over from an existing WordPress site but can be up to fifty (50) pages); up to two (2) pages of Custom Content at launch (additional Custom Content can be added and is sold separately); up to four (4) images selected by our designers to be included in a custom image rotation on the website; up to one (1) page of Custom Content each year renewed; forty-five (45) minutes per month of customer support for your website; up to three (3) “Cross-Reference Profiles”; and up to three (3) "Preferred Results" on Lawyers.com that can be selected by the Customer.
- Website Series Gold includes: your choice of Legal Marketing Content; your choice of WordPress Ported-Over Content (ported pages are subject to limitations if website is not ported over from an existing WordPress site but can be up to seventy-five (75) pages); up to two (2) pages of Custom Content at launch (additional Custom Content can be added and is sold separately); up to four (4) images selected by our designers to be included in a custom image rotation on the website; up to one (1) page of Custom Content each year renewed; up to sixty (60) minutes per month of customer support for your website; up to five (5) “Cross-Reference Profiles; up to four (4) city/county "Preferred Results" and up to one (1) state ”Preferred Result” that can be selected by the Customer; and SEO that is designed to increase Customers' web visibility in local searches, which shall include onsite SEO, offsite SEO, a website performance dashboard to track key site statistics and up to one (1) informational practice area video. Customer grants MH the right to manage the local profiles for its web site on sites such as Google. Failure to grant MH this right will diminish the optimization results Customer should anticipate. If Customer wishes to opt out of this grant, it must send written notice of this decision to MH.
- Website Series Platinum includes: your choice of Legal Marketing Content; your choice of WordPress Ported-Over Content (ported pages are subject to limitations if website is not ported over from an existing WordPress site but can be up to one hundred (100) pages)’ up to five (5) pages of Custom Content at launch (additional Custom Content can be added and is sold separately); up to three (3) pages of Custom Content each year renewed; up to four (4) images selected by our designers to be included in a custom image rotation on the website; up to ninety (90) minutes per month of customer support for your website; up to ten (10) “Cross-Reference Profiles”, up to six (6) city/county "Preferred Results" and up to two (2) state search results on Lawyers.com the can be selected by the Customer; an optimization service that is designed to increase Customers’ web visibility in searches where they have a physical office location, not including virtual offices; and SEO that is designed to increase Customers' web visibility in local searches and includes onsite SEO, offsite SEO and a website performance dashboard to track key site statistics, up to ten (10) informational practice area videos and a quarterly call with an SEO Specialist per client participation. Customer grants MH the authority to manage its website’s local profiles on third-party websites and services. Failure to grant MH this authority will diminish Customer’s optimization results. If Customer does not want MH to manage its website’s local profiles on such third-party websites and services, then Customer must inform MH of this decision via written notice.
- Website Series Development Approval Timeline All customers will have three (3) business days to review their website before moving to the next phase.
“WebVantage Plus” & "SEO Services" provides an optimization service that is designed to increase Customers’ web visibility in searches where they have physical office location, not including virtual offices; and SEO that is designed to increase Customer’s web visibility in local searches for up to one (1) office location and practice area. The program includes onsite SEO, offsite SEO and website performance dashboard to track key site statistics. Customer grants MH the authority to manage its website’s local profiles on third-party websites and services. Failure to grant this authority will diminish Customer’s optimization results. If Customer does not want MH to manage its website’s local profiles on such third-party websites and services, then Customer must inform MH of this decision. For those customers that opt-in to the Social Starter program, your program includes the Social Starter features. Additional services specific to your WebVantage Plus program include:
- WebVantage Plus: Essentials includes 4 pages of website Content, quarterly blog posts and check-in report and/or call.
- WebVantage Plus: Premium includes 8 pages of website Content, monthly blog posts and check-in report and/or call.
- WebVantage Plus: Elite includes 10 pages of website Content, twice monthly blog posts and check-in report and/or call.
- SEO Practice Area Add-on program includes onsite SEO, offsite SEO and website performance dashboard to track key site statistics for one (1) area of practice. In addition, based on Customer’s contracted program, the following Content may be included:
- SEO Practice Area Add-on: Essentials includes 4 pages of website Content
- SEO Practice Area Add-on: Premium includes 8 pages of website Content
- SEO Practice Area Add-on: Elite includes 10 pages of website Content
- SEO Office Location Add-on provides an optimization service for one (1) additional office location that is designed to increase Customers’ web visibility in searches where they have a physical office location, not including virtual offices; and SEO that is designed to increase Customer’s web visibility in local searches and includes onsite SEO, offsite SEO and website performance dashboard to track key site statistics. Customer grants MH the authority to manage Customer’s website’s local profiles on third-party websites and services. Failure to grant this authority will diminish Customer’s optimization results. If Customer does not want MH to manage its website’s local profiles on such third-party websites and services, then Customer must immediately inform MH of this decision.
- Google Ads Practice-Area Admin Fee:This product includes PAY PER CLICK (“PPC”) SERVICE(S) or, additionally, if Customer chooses to participate in Google Local Ad Service program(s), the Customer must provide an active credit card for billing such ad services in addition to the billing Customer receives for other MH services.
- PAY PER (“PPC”) CLICK SERVICE(S) include PAY PER CLICK (“PPC”) SERVICE(S) features. Like PPC Services, Google Local Ad Services (“LSAs”) are set up for selected keywords and phrases based on the law firm’s allocated budget and contracted areas of practice and service area. Due to set budgets and search engine advertising policies, MH cannot guarantee visibility of the law firm’s ads during any specific time frame nor a finite lead amount. LSAs lead management is managed by the Customer. If Customer wants MH to manage its LSAs or PPC Services, then Customer must inform MH of this decision. If Customer wants MH to stop its LSAs and/or PPC Services, then Customer must immediately notify MH. There is a $500 minimum fee for eligibility to purchase this product.
"Microsites" offer a website design, development, and hosting service that is part of Web Visibility Solutions' portfolio of online marketing products for the legal industry. It can include the below features:
- A unique toll-free or local phone number for call tracking selected by us that will be routed to the phone number provided by customer to help track phone calls generated by the website;
- Responsive design that adapts to the screen sizes of PCs, tablets, and mobile devices with full color displays and the latest versions of web browsers;
- A “Microsite” is a professional legal marketing website with a responsive design theme.
- A “Custom Microsite” is a professional legal marketing website with a custom responsive design.
- Optional website widgets comprising verdicts and settlements, awards, and testimonial displays that the Customer can select for inclusion on the website. The information contained and/or displayed in these widgets will be supplied and entered by the Customer;
- Optional "Ported-Over Content" or content (text only) that we will transfer to the new website. All Ported-Over Content must be supplied by the customer from a customers' pre-existing website and be owned by or licensed to Customer. No sounds, videos, or animations are included in "content" and formatting (font-colors, font-size, font-family, background colors, and spacing) may be changed to fit the design of the customer's new website;
- Hosting for the website and a "Content Management System" ;
- Monthly customer support for the website;
- A website performance dashboard to track key site statistics
"Local Search" is an optimization service that is part of Web Visibility Solutions' portfolio of online marketing products for the legal industry. Local Search is designed to increase customers' web visibility in local searches (up to two (2) physical office locations, not including virtual offices). All three (3) tiers of Local Search include the following features: offsite SEO, blogging ability (based on content to be provided by customer), access to Lawyers.com's “Ask a Lawyer” feature, and a website performance dashboard to track key site statistics. Customer grants MH the authority to manage its website’s local profiles on third-party websites and services. Failure to grant MH this authority will diminish Customer’s optimization results. If Customer does not want MH to manage its website’s local profiles on such third-party websites and services, then Customer must inform MH of this decision via written notice. The purchase of Local Search is contingent upon purchase of a comparable Website Series product only and cannot be sold separately. Each tier of Local Search also includes the additional features below:
- Local Search Silver is designed to increase Customers' web visibility in local searches and increase search traffic. In addition to the features outlined above, Local Search Silver includes onsite optimization for custom pages and one Lawyers.comâ„ cross reference.
- Local Search Gold is designed to increase customers' web visibility in local searches and increase search traffic. In addition to the features outlined above, Local Search Gold includes onsite optimization for custom pages and two (2) Lawyers.com cross references.
"Mobile Web Site Personalization" means a service which allows customers of select websites to customize the way their website renders on mobile devices.
"Mobile Website" means a service performed by MH to build and manage a mobile optimized website by leveraging the Customer's regular website.
"Live Chat" is a service to enhance Customer's website whereby third party chat operating software is installed on Customer's website and MH or its third party provider monitors and provides chat operator services on Customer's website. Scripts for the live chat operator may be developed by the attorney, and typically attempt to obtain the visitor's name, contact information and what they would like from the Customer. At the end of the chat the chat operator shall then forward the chat transcript to the Customer's designated email address. Customer assumes all risk related to the use of this service.
"Ngage Live Chat" provides a way for website visitors to speak with someone immediately. A "Conversation" is the delivery of a prospect's contact information and must include either a phone number or email address and purpose of their desire to be contacted by the Client. In addition:
- The prospect's inquiry must fall within the practice areas listed on Client's website
- The prospect must fall within the Customer's geographic practice area
- The prospect cannot be a current or past client
If a Conversation does not meet the foregoing criteria, a credit request must be made within seven (7) days of receiving the emailed Conversation. Click here for Ngage Live Chat's Terms & Conditions: https://www.ngagelive.com/terms/
"Translation Services" means the translation of select Content from Customer's Customer Website into Spanish language Content for the Customer's Customer Website. MH may use the assistance of a third party provider ("Translator"). There are two levels of translation services:
The Translation Basic Service includes a onetime translation of the specified number of pages of Content. Such translations shall be made to the body of content on the English Language pages selected for translation and not on the header or sidebars. An "en espanol" button shall be place on the home page of your English language website directing users to the translated pages. Should you wish to update or add to the translated Content, then such translations will require amending the Agreement to purchase additional pages of translation.
The Translation Premium Service includes the creation and hosting by MH or its Translator of a parallel translated site to the original English language site, which translated website will include the number of pages ordered for translation (the "Translated Site"). A link will be added from the English site to the Translated Site. Additionally, MH will monitor content changes of the English language site, report such English content changes, and translate up to fifty (50) new English words per month to the translated site. A monthly maintenance fee is required. Customer requests for the translation of additional pages over and above the number of pages ordered herein will require the payment of additional fees.
"Web Site Hosting Services" has the meaning described in the additional terms below.
CUSTOMER WEBSITE SERVICES, WEB SITE HOSTING SERVICES & TRANSLATION SERVICES ADDITIONAL TERMS
Limited Software License; Restrictions; Ownership , Subject to the provisions of your Agreement, you are granted a limited, non-exclusive, non-transferable license to access and use the MH-provided software and the Products only for internal business purposes in connection with the creation, updating, and maintenance of the Customer Website, and to make the Customer Website available to users of the Web in the ordinary course of business during the respective term of the Agreement applicable for each of your Products. You may not alter, copy, reproduce, transmit, display, distribute, sell, transfer, or dispose of in any manner, or create derivative works of, any of the protected proprietary items including but not limited to (i) the Software; (ii) the Products; (iii) the MH domain names (iv) the MH Websites and all content therein, (v) the MH online services and all content therein; (vi) personalized web site addresses within www.Lawyers.com; (vii) the Marks placed in any Products and (viii) all Content other than Your Content, without the express written permission of an authorized representative of MH. You will not remove, obscure or alter any of the Marks appearing in any of the Customer Websites including altering the surrounding color or contrast so as to make the Marks difficult to see. As between you and MH, you retain ownership of Your Content and grant MH a limited, non-exclusive, non-transferable, royalty free, license to use Your Content in connection with MH's performance of the Products.
Hosting of the Customer Website. MH will generally provide hosting services for the Customer Websites seven (7) days a week, twenty-four (24) hours a day, except for certain periods during which MH may shut down the Customer Website services in its sole discretion for the purposes of system upgrades, maintenance, or backup procedures. In addition, there may be events that from time to time will make the system inaccessible for a limited amount of time due to unforeseen Software, hardware, network, power and/or Internet outages. MH will use reasonable commercial efforts to promptly restore access to the website service in the event of such unforeseen circumstances.
Links to Customer Website from the Online Directory. If you order any Customer Website service, then MH will place one or more links to your Customer Website from your Professional Profile in the Online Directory. Your Customer Website will be indexed in the Online Directory based upon information contained in your Professional Profile (e.g., geographic location, Cross-Reference Professional Profile, firm and attorney level areas of practice, and language capabilities). Placement and presentation of the Customer Website and links thereto are subject to layout and other organizational elements that MH may modify from time to time. MH will use commercially reasonable efforts to maintain similar relative priority of your Professional Profile in the Online Directory and links to the Customer Website after any such modifications.
Customized Web Address. MH will either register one unique domain name for you as owner at no charge (e.g., www.yourfirmname.com) or, if you own an existing domain name, assist you in the transfer of such domain name to MH to host the Customer Website on your behalf; provided, however, that you and the host of any existing website and/or domain name you own are solely responsible for proper and effective transfer of the domain name. You are solely responsible for any infringement of intellectual property rights of others when selecting, displaying, advertising, and using a domain name for the Customer Website and for any related liability incurred by MH and/or those acting on its behalf. You warrant that you are the owner of, or are authorized by the owner of, any trademark or name used in the domain name for the Customer Website. Registration of domain names is subject to availability of the requested name and the procedures, rules, regulations, and policies of the registry administrators and other governing authorities, including but not limited to the Internet Corporation for Assigned Names and Numbers ("ICANN"). You will be bound by these procedures, rules, regulations, and policies, and hereby appoint MH as your agent for the purpose of such registration, including the execution of any documentation necessary for registration. MH does not guarantee the availability of domain names and is not liable to you for any errors, omissions or any other actions by the registry administrators or other authorities related in any way to your domain name registration. Termination of the Agreement terminates your right to use any domain name all or part of which includes the name of a Customer Website such as www.Lawyers.com or any trademark of MH. Upon the expiration or termination of the Agreement with respect to all of the Web Visibility Solutions, Site Essentials, Site Edge, Site Exclusives, Lawyer Web Site - Do-It-Yourself Service f/k/a Lawyer Web Site - Level I Service, Lawyer Web Site - Do-It-Yourself Plus Service f/k/a Lawyer Web Site Level II Service, Custom Web Site Service, or the Lawyer Web Site - Custom Plus Service f/k/a Lawyer Web Site - Level III Service and a written request by you within 30 days of such date, MH will cooperate in the transfer of the applicable unique domain name for such service to you or another service provider designated by you; provided, however, that all outstanding invoices are paid. You are solely responsible for proper and effective transfer of the domain name, and after such termination and/or transfer you or your service provider are solely responsible for all administrative responsibilities for the domain name. If upon the expiration or termination of all of the Web Visibility Solutions, Site Essentials, Site Edge, Site Exclusives, Lawyer Web Site - Do-It-Yourself Service f/k/a Lawyer Web Site - Level I Service, Lawyer Web Site - Do-It-Yourself Plus Service f/k/a Lawyer Web Site Level II Service, the Lawyer Web Site - Custom Service, the Lawyer Web Site - Custom Plus Service, or Custom Web Site Service you fail to provide a timely written request to transfer your domain name and the administration thereof to you or another service provider, MH has the right, in its sole discretion, to cancel the domain name registration or let such registration lapse, or to direct users that access the domain name to any Customer Website and/or your Professional Profile in any Customer Website.
ICANN domain registration information. https://www.icann.org/en/resources/registrars/registrant-rights/educational and https://www.icann.org/en/resources/registrars/registrant-rights/benefits
Search Vehicle Submissions. You agree that MH has the right to, a) send feeds of the Customer Website to one or more search engines or directories for purposes of indexing by such third parties and b) for all of the Web Visibility Solutions, Site Edge, Sites Exclusives, Lawyer Web Site - Custom Service, the Lawyer Web Site - Custom Plus Service and Custom Web Sites, arrange for the website to be registered with one or more third-party search engines or directories. MH does not own or control such search engines and directories and therefore makes no representations or warranties that the Customer Website will be accepted for indexing, the speed with which it will be indexed, the accuracy with which it will be indexed, that it will be listed or ranked in any particular manner or order within search engines or directories, or that the indexing will be maintained by such search engines or directories.
Site Essentials Web Site Service
As the website is developed, Customer will be provided the opportunity to review the design and the Content for the website completed during that phase of development and Customer shall have five (5) business days to provide MH with either written approval of such deliverables or a written list of changes. If no list of changes is received within five business days, then Customer's acceptance will be assumed and MH will have the right to proceed to the next phase, or if MH's portion of the development is completed, then MH will have the right to launch the Site Essentials Web Site as presented. MH has no obligation to make additional changes beyond those reasonably included in the original written list of changes contemplated in this paragraph.
Third-Party Services
Customer may be required to subscribe to products and/or service offerings of certain third-party providers (“Third-Party Service(s)”). Customer acknowledges that as part of the Website Services, Customer may be required to agree to and execute agreements with third-party providers who may charge Customer fees in addition to the fees and charges imposed by MH.
MH will not be responsible for any loss or damage incurred as a result of Customer’s use of Third-Party Services, regardless of whether Customer was directed by MH to such Third-Party Services. References made by MH to a Third Party Service shall not be construed as MH’s approval or endorsement of such Third-Party Service.
ADDITIONAL TERMS FOR ALL OF THE WEB VISIBILITY SOLUTIONS, LAWYER WEB SITE - CUSTOM SERVICE, LAWYER WEB SITE - CUSTOM - PLUS SERVICE F/K/A LAWYER WEB SITE- LEVEL III, SITE EDGE AND SITE EXCLUSIVES DEVELOPMENT.
MH will provide a professional design for Customer's new lawyer website. MH will develop a lawyer website for Customer in three phases, a design phase, a content development phase and a build phase (collectively the "Set-up Period").
For the Lawyer Web Site - Custom Service and Site Edge, during the Set-up Period, MH will expend up to thirty (30) hours configuring the design theme, developing content for and building a lawyer website of the size ordered by Customer. MH will use a design selected from the available design themes during the design phase. If Customer requests additional content or pages over and above the contracted pages additional time for such design and development will be billed an additional fee per page.
For Lawyer Web Site - Custom Plus Service f/k/a Lawyer Web Site- Level III and Site Exclusives during the Set-up Period, MH will expend up to thirty (30) hours for the six (6) page website, up to forty (40) hours for the twelve (12) page website, up to fifty (50) hours for the twenty-two (22) page website, or an agreed upon number of hours for a website greater than twenty-two (22) pages, designing, developing content for and building a website of the size selected by Customer.
MH will use a new design developed during the design phase. If Customer requests additional content or pages over and above the contracted pages additional time for such design and development will be billed an additional fee per page.
Cooperation & Review. To facilitate the development process, Customer will work with the MH Design and Content Development teams to provide specific content related to Customer, such as practice area descriptions and expertise, in a timely way in order to complete the website for launch. At the conclusion of the design phase and the content development phase, Customer will be provided the opportunity to review the design or Content from that phase, as applicable and Customer shall have five business days to provide MH with either written approval of such deliverables or a written list of changes. If no list of changes is received within five (5) business days, then Customer's acceptance will be assumed and MH will have the right to proceed to the next phase, or in the case of the build phase, then MH will have the right to launch the website as presented. Upon receipt of any list of changes, MH shall promptly undertake reasonably necessary changes and resubmit the deliverables to Customer for approval. Customer shall again review the deliverables and either accept or reject them. Any subsequent changes not requested in the initial list of changes provided at the conclusion of the design phase shall not be included as criteria for acceptance of a later phase or of the launch version of the website. Any hours necessary to revise the design selection or Content following Customer review are included in the total hours designated for the Set-up Period. Should MH exceed the hours designated for the Set-up Period, (set forth above) any additional hours expended during the Set-up Period will be billed an additional fee per hour.
If your product includes a press release, then in order to provide timely development, for each press release, Customer agrees to cooperate in the completion of all requests for information, and to be available during reasonable time frames for at least one fifteen (15) minute interview with an MH staff writer to discuss the facts for the press release. Failure to respond to MH's requests may result in a service delay. MH will send a draft press release to Customer. Customer must review the draft release and provide all revisions or approval to MH within five (5) business days. Extraneous revisions requested by the Customer may result in extra charges. Customer will be responsible for all content in the press release, which content shall be considered Your Content. Customer represents and warrants that Your Content and any other information provided to MH for MH's use in providing the press release is true and accurate.
Launch; Maintenance. Once the build phase is completed and approved or deemed approved, as described above, MH will launch the website. Commencing on the launch date, MH will host and maintain the website for Customer (the "Maintenance Period"). During the Maintenance Period, Customer is responsible for notifying MH of edits to Your Content, including attorneys to be added to or removed from the website. Maintenance consisting of consultant development time to make any modifications or updates to Customer's website shall be provided as follows: Web Essentials, Lawyer Web Site - Custom and Site Edge will be provided up to one (1) hour per month; Web Distinctions, Lawyer Web Site - Custom Plus and Site Exclusives will be provided up to two (2) hours per month; Web Premier will be provided up to four hours per month; and Web Exclusives and Custom Web Visibility get all maintenance required and reasonably requested. Development time during the Maintenance Period for websites exceeding twenty-two (22) pages shall be as agreed between the parties. All website modifications requested during the Maintenance Period must be submitted to a location designated by MH by email or fax. Unused Maintenance hours do not carry over to future months. Additional hours will be billed an additional fee per hour.
Domain Names. During the term for this Product, annual domain name registration is included in the website Set-Up Fee and Maintenance Fee. If the Customer has chosen to forward an existing Domain Name, the Customer's website Contact must assist in providing all necessary information to forward the Domain Name in an expedient fashion. Any change in the Domain Name for the Customer must be undertaken solely by MH.
Grant of Rights. All designs, software, tools, data files, manuals, methods, procedures, concepts, ideas, algorithms, creations, inventions, know-how, Content (other than Your Content), tools and libraries, publishing platforms, content management systems, and other intellectual property created or acquired by MH before, during, or after the Agreement, while performing the lawyer website services and Edge Services or the Exclusives or otherwise ("MH IP"),are and will be the exclusive property of MH. Customer will not have or acquire any title or any right or interest in or to any MH IP. Customer may not use, reproduce, or display MH IP or prepare derivative works from MH IP.
Solely for all of the Web Visibility Solutions, Lawyer Web Site - Custom Service, Lawyer Web Site - Custom Plus Service, Site Edge and Site Exclusives products, after completion of the Initial Term and payment in full, Customer shall have all rights in the website to any Content which was developed solely for the Customer and which is not intended for use by more than one customer (e.g. Newsletters) (hereinafter referred to as Custom Design and Custom Content) and Your Content (collectively the "Work(s)"), except that MH retains all rights to template design, template content or other non-custom Content that it provides. Neither the Work for Hire clause nor the assignment of rights clause below shall include and specifically excludes all of the MH IP which are used in the creation, development and/or hosting of the Works created herein. Such intellectual property shall remain solely the property of MH or its licensors with no claim of right or ownership by Customer. MH agrees to and does hereby assign to Customer all rights, title and interest, including copyright, patent rights, and trade secret rights to each such Work created under terms of the Agreement, which Works may not qualify to be considered "Work for Hire," as defined in the United States Copyright Act (Title 17 U.S.C. Section 101, et seq.). Except for the Works set forth in this paragraph, to the extent that Customer may acquire rights in MH IP by operation of law or otherwise, Customer assigns to MH all of Customer's rights in MH IP. At MH's request and expense, Customer will take all actions as reasonably necessary to obtain, vest, maintain, and enforce MH's title, rights, and interests in MH IP.
Upon proper notice of non-renewal, if Customer has complied with the terms and conditions of this Agreement and paid its Fees in full, then MH shall work with Customer a) to convey a copy of the Works to Customer and b) to grant a limited, non-exclusive, non-transferable license to Customer to use Custom Content and Custom Design, each in an agreed upon format and for a reasonable Fee as set by MH. If MH has hosted Customer's custom website product (Lawyer Web Site - Custom Service, Lawyer Web Site - Custom Plus Service, Site Edge and Site Exclusives) for three years or more, and customer has paid all Fees due for the Products, then MH shall waive the conveyance Fee.
WEB SITE HOSTING ADDITIONAL TERMS Services. The Web Site Hosting Service includes: a) MH expending up to eight hours of time, using Customer Site Materials, to recreate the Customer's site on servers owned or controlled by MH; b) MH obtaining your approval of the MH Hosted Site, prior to its launch by MH; and c) upon the Customer approval of the proposed MH Hosted Site, MH launching and hosting the MH Hosted Site throughout the remainder of the term for this product.
Content. Within ten (10) days after ordering this Product under the Agreement, Customer will provide MH a CD or DVD copy of Customer's existing website materials, including but not limited to the Content and source code for the website (the "Customer Site Materials") for the purpose of allowing MH to use, host and display the Content from the Customer Site Materials (the "MH Hosted Site"). Prior to providing such CD or DVD, Customer will remove any and all content from the Customer Site Materials that is NOT wholly-owned intellectual property of the Customer and for which Customer does not have the right to allow MH to use, transfer, reproduce, host and display on Customer's behalf as part of the MH Hosted Site. All content provided as Customer Site Materials shall be considered Your Content.
Additional Hours. After the migration process begins, should MH determine that more than eight (8) hours of migration time will be necessary to properly launch the MH Hosted Site, MH will provide the Customer an estimate of additional hours required for approval. If Customer declines to approve the required additional hours, then the Early Cancellation Provisions shall apply. Any requested enhancements to the MH Hosted Site shall be agreed upon by separate riders to the Agreement. Additional migration hours as well as design and development time for enhancements will be billed an additional fee per hour.
Changes. Customer is responsible for notifying MH of content edits to Customer data, including attorneys to be added or removed to website. Customer will receive up to two (2) hours per month of consultant development time to make any modifications or updates to Customer's MH Hosted Site. Additional hours will be billed an additional fee per hour. Unused hours do not carry over to future months. Changes in the site design after Customer's approval may require significant additional charges.
Domain Names. During the Term for this Product, annual domain name registration is included in the Web Site Hosting set-up and maintenance fees. If the Customer has chosen to forward an existing Domain Name, the Customer's website hosting contact must assist in providing all necessary information to forward the Domain Name in an expedient fashion. Any change in the Domain Name for the Customer must be undertaken solely by MH.
Review. Once the Customer is provided a URL to review the Customer website on the servers owned or controlled by MH, Customer will review and approve the website within five business days of notice. If MH does not receive approval from Customer within thirty (30) days of such notice, MH has the right to launch the Customer website as presented.
License. Customer grants MH and its affiliates a license (with the right to sublicense solely to MH affiliates) to use, reproduce, transmit, distribute, demonstrate, modify, enhance, publicly display, publicly perform, digitally display and create derivative works of all of the its intellectual property which makes up the Customer website (the "Customer IP") in order to undertake the Web Site Hosting Service for Customer. Customer IP includes but is not limited to the code which makes up the site and Your Content, including trademarks, trade names, service marks, tag lines and logo designs of Customer ("Customer Marks"). Customer further grants MH the non-exclusive, worldwide license (with the right to sublicense solely to the affiliates) to use, reproduce, transmit, distribute, publicly perform, publicly display, digitally display and digitally perform the Customer Marks in the MH Marketing Materials and in the MH websites to market the availability of the Web Site Hosting Service and Customer's use of such service; provided, however, that prior to such use of the Customer Marks by MH, MH shall submit examples of such use to Customer for its approval, which approval shall not be unreasonably withheld.
Representations. Customer represents and warrants that it owns or has sufficient Intellectual Property Rights in the Customer IP to grant MH the licenses and other rights set forth in this Agreement and shall maintain such rights throughout the Term for this Product. "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.
Ownership. Subject to the license grants set forth herein and the online terms, Customer shall own all right, title and interest in and to Customer IP, MH shall own all right, title and interest in the Products offered in connection with such Customer IP. Upon proper notice of non-renewal, if a Customer has complied with the terms and conditions of the Agreement and has paid its Fees in full, then in exchange for an additional fee Customer shall receive a copy of the MH Hosted Site on CD.
TRANSLATION SERVICES ADDITIONAL TERMS Customer Obligations. Customer is solely responsible for reviewing the translation for accuracy and notifying MH of any inaccuracies. During the term for this Product, MH will undertake reasonable requests for corrections to inaccurate translations. Customer cannot request or require changes, edits or copy editing that deviates from the original English text being translated.
Grant of Rights During the Term for Translation Services, Customer hereby grants to MH a non-exclusive, transferable, worldwide royalty-free license to store, use, reproduce, modify, translate, edit, display and create derivative works of all materials in the Customer's Customer Website and any Customer Content in such site for MH's use in connection with creating Customer's Translated Pages. MH hereby acknowledges that Customer and Customer's third party licensors (if applicable) are the exclusive owners of Customer Content and Customer and Customer's third party licensors retain all right, title and interest to the Customer Content.
During the Term for Translation Services, MH hereby grants to Customer a perpetual non-exclusive, non-transferable, worldwide royalty-free license to use the Translated Site prepared on behalf of the Customer and all MH Content contained in such Translated Site under the same rights and restrictions as the site translated so long as Customer complies with the terms and conditions of the Agreement. Customer hereby acknowledges that MH and its third party licensors are the exclusive owners of the Translated Site and MH Content and MH and its third party licensors retain all right, title and interest to the Translated Site and MH Content. MH shall have the right to immediately terminate the licenses granted in this Section due to a breach of the terms of the Agreement.
MOBILE WEBSITE ADDITIONAL TERMSLaunch & Customer Obligations. MH will begin development of the Mobile Website only after the regular website is live and available to consumers. At the conclusion of the development of the Mobile Website service, Customer will be provided the opportunity to review the Mobile Website design, and Customer shall have five business days to provide MH with either written approval of such the Mobile Website or a written list of reasonable changes to the design. If no list of changes has received within five (5) business days, then Customer will be deemed to have accepted the design and MH may launch the Mobile Website.
Customer Authorization and Representations. By purchasing this product, Customer is granting MH a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content from the regular website solely for the purpose of displaying, distributing and promoting your Mobile Website, and storing it on our servers. This license exists only for as long as you continue to be our customer and shall be terminated only upon receiving written notice from you. Customer also hereby authorizes MH to obtain (scrape) Customer's website Content (e.g., written content, design, and images) for purposes of creating a mobile website version of the source website.
Customer represents and warrants that it is the owner or has sufficient rights to publish and display such Content. Customer will indemnify and hold MH harmless against any claims that such Content violates any third party intellectual property right.
Ownership. The Mobile Website is non-transferable. As between the parties, Customer shall own any content or assets supplied by Customer and MH shall own any mobile website code supplied in connection with this product. Upon termination or expiration of Customer's agreement, Customer shall have no rights in such code.
Maintenance. If Customer wishes to maintain its Mobile Website with enhancements, Customer can choose to use the consultant development time provided as part of its website services for the Mobile Website in lieu of its internet website
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SEARCH ENGINE MARKETING SERVICES
"Local Boost" is an optimization service that is part of Web Visibility Solutions' portfolio of online marketing products for the legal industry. Local Boost is designed to increase customers' web visibility in local searches (for one (1) physical office location, not including virtual offices) and on the applicable map application for searches related to the specified area(s) of practice and the city in which the physical office is located. It includes the following features: claiming, optimizing, and verifying the firm's Google Business Profile page (dependent on three (3) attempts to contact the customer for verification of the Google Business Profile page via automated phone calls or postcards from Google if the profile is not already verified by a party other than us), creation and optimization of local profiles, citations and directories, and tracking rankings in the Google local search engine for keywords related to the customer's specified area(s) of practice and city location. Customer grants MH the authority to manage its website’s local profiles on third-party websites and services. Failure to grant MH this authority will diminish Customer’s optimization results. If Customer does not want MH to manage its website’s local profiles on such third-party websites and services, then Customer must inform MH of this decision via written notice.
"SEO Services", "Web Visibility" and "Web Visibility Advanced" (collectively the "Web Visibility Service" ) formerly known as the "Search Engine Optimization Service" means a service which provides optimization services for your firm's website. Customer grants MH the authority to manage its website’s local profiles on third-party websites and services. Failure to grant MH this authority will diminish Customer’s optimization results. If Customer does not want MH to manage its website’s local profiles on such third-party websites and services, then Customer must inform MH of this decision via written notice.
SEARCH ENGINE MARKETING SERVICES ADDITIONAL TERMS
Once Your Content is distributed as part of a Search Engine Marketing Products, MH has no obligation at any time to pull such Content from its websites or to request that third parties pull such Content from their search engines or websites. Further, MH does not warrant that customer firm will achieve any specific ranking results, placement, clicks, or level of business from any of the Products.
WEB VISIBILITY SERVICE, LOCAL VISIBILITY SERVICE AND SEO SERVICES
Services. The Web Visibility Service, and Local Visibility Service, and SEO Services (collectively, the “Visibility Services”) are an Internet marketing service to promote the Customer and Customer's website within the major search engines online. The intent of the Web Visibility Services is to increase the law firm's opportunities to be found online by prospective clients. These services provide Internet promotion and website enhancements. Customer understands and agrees that the Web Visibility Services may include a) the placement of the Customer's URL via links on third party websites and b) the inclusion of information regarding Customer in online social media directories, blogs, online profiles, and other web locations. Customer hereby grants MH a non-exclusive, non-transferable license to use, delete, modify, and make enhancements to its website Content and to third party website content regarding Customer throughout the Term and a non-exclusive, perpetual, transferable, worldwide, royalty free license to store, use, reproduce, modify, edit and display all Content created or provided to Customer by MH under this Agreement. In order to fulfill the Web Visibility Services and Local Visibility Service, MH distributes Your Content on sites and/or search engines selected by MH. A call tracking feature is automatically included in your website. To opt out of call tracking you must send written notice to Customer Relations, Martindale-Hubbell, 121 Chanlon Road, Suite 110, New Providence, NJ 07974. If a Web Visibility Services Customer changes any of the content on its website or any of the Web Visibility optimization enhancements made to its website as part of the Web Visibility Services, then MH is not responsible for the consequences and Customer understands that the natural search rankings may suffer.
Local Visibility Service Obligation. If a Customer orders a product including a Local Visibility Service or local visibility as a feature, then Customer grants MH the right to manage the local profiles for its web site on sites such as Google. Failure to grant MH this right will diminish the optimization results Customer should anticipate. If Customer wishes to opt out of this grant, it must send written notice of this decision to MH. Customer shall not allow any third party to control its local profiles.
Ownership. All designs, software, tools, data files, manuals, methods, procedures, concepts, ideas, algorithms, creations, inventions, know-how, and other intellectual property created or acquired by MH before, during, or after this Agreement, while performing the Visibility Services or otherwise ("MH IP"), are and will be the exclusive property of MH. Except as provided in this Section, Customer will not have or acquire any title or any right or interest in or to any MH IP. Customer may not use, reproduce, or display MH IP or prepare derivative works from MH IP. Notwithstanding the foregoing, Customer shall have all rights in the Content, as updated by the Visibility Services (the "Work"). Neither the Work for Hire clause nor the assignment of rights clause below shall include and specifically excludes all of the MH IP, and other intellectual property previously developed by or licensed to MH, which are used in the creation, development and/or hosting of the Works created herein. Such intellectual property shall remain solely the property of MH or its licensors with no claim of right or ownership by Customer. MH agrees to and does hereby assign to Customer all rights, title and interest, including copyright, patent rights, and trade secret rights to the Work created under terms of this Agreement, which Work may not qualify to be considered "Work for Hire," as defined in the United States Copyright Act (Title 17 U.S.C. Section 101, et seq.). Further, MH agrees the Work belongs solely to Customer to the same extent as if Customer were the author, inventor or developer of the Work. Except for the Work set forth in this Section, to the extent that Customer may acquire rights in MH IP by operation of law or otherwise, Customer assigns to MH all of Customer's rights in MH IP. At MH's request and expense, Customer will take all actions as reasonably necessary to obtain, vest, maintain, and enforce MH's title, rights, and interests in MH IP.
Fees. The Fees for the Web Visibility and Local Visibility Services include, but are not limited to, fees for manual labor hours spent to implement optimization techniques, the establishment of links and other online tools. During the Term, MH shall provide you with periodic reports describing the services received as part of the Web Visibility Service for the period covered.
Intervention. Customer understands that the use of other marketing services, changes to the website content and changes or removal of any of the Visibility Services website enhancements or any other actions which impact the website ("Intervention") may interfere with or impede the efficacy of the Visibility Services. Therefore, MH is not responsible for any impact on the website or the Visibility Services due to such Intervention.
Requirement. You must be an existing or new subscriber to one of our website hosting services during the entire Term for this Product.
Cooperation; Review. Customer will respond to all inquiries regarding Content in a timely way. At the conclusion of the Content enhancements, Customer will be provided the opportunity to review the modifications to its website (the "enhancements") and Customer shall have three to five (3-5) business days to provide MH with either written approval of such enhancements or a written list of changes. If no list of changes is received within three to five (3-5) business days, then Customer's acceptance will be assumed and MH will have the right to proceed to release the enhancements as presented. Upon receipt of any list of changes, MH shall promptly undertake reasonably necessary changes and shall allow the Customer to review the revised enhancements. Customer shall have an additional three to five (3-5) business days to either accept or reject the revised enhancements. If rejected, the parties shall follow the same procedure for a second time. However, any subsequent changes not requested in the initial list of changes shall not be included as criteria for acceptance of the revised enhancements. Once the enhancements are approved or deemed approved, as described above, MH will launch enhanced website.
PAY PER CLICK (“PPC”) SERVICE(S)
You are solely responsible for the Content on your websites chosen keywords and phrases, compliance with all laws, regulations, licensing and ethical requirements associated with the practice of law and use of the PPC Service under this agreement. You are advised to contact your local bar association regarding any rules and regulations applicable to your activities under this agreement. You will immediately provide MH with written notification of any non-compliance or restrictions related to or which may impact the PPC Services.
All components of the PPC Service are subject to the continued availability of the applicable programs and features from each search vehicle and their related sites. The search algorithms and rules and guidelines of each search vehicle are subject to change. MH will attempt to comply with all changes to the search vehicle rules and guidelines, but MH cannot guarantee paid placement results following such changes. MH does not guarantee paid placement results and specific results and placement in each case will vary. Enhanced rankings or paid positioning may not be available or achieved for all search vehicles at all times, depending on, among other things, the competition and bidding for selected keywords, the budget selected by the firm for competitive bidding for paid placement, the content of the firm's web site, and other factors beyond the reasonable control of MH.
If you choose to grant MH access to your site for implementation of tagging, coding or content enhancement, you grant MH a limited nonexclusive license to access the site (using login information you provide as necessary) and to download from or upload to your site and publish on the site or Internet, in whole or in part, HTML or other electronic files or data necessary for such implementation. MH shall not be responsible for any defects in your site or its content or for any unintentional errors in such implementation. We also reserve the right to control the look and feel of your PPC landing pages which may differ slightly from the overall theme of your website.
The PPC Service is an online paid marketing service that displays and promotes your firm's website within the major search engines online. Under the PPC Service, MH will manage the keyword strategy, dynamic bidding process and reporting. The PPC Service may include Pay-per-click ("PPC") advertising, where MH will perform a detailed review of your law firm's practice to select customized keywords and key-phrases. From there, MH will place contextual ads in the "sponsored" sections of participating search engines, in accordance with search engine guidelines. MH does not require a customer interview to launch. Bids are managed and entered for selected keywords and phrases based on the law firm's allocated budget and contracted areas of practice and service area. Due to daily budgets and search engine advertising policies (e.g., display ends when daily budget is depleted), MH cannot guarantee visibility of the law firm's ads during any specific time frame. MH may perform implementation of MH generated elements (e.g., HTML code or content enhancement) without your approval. MH will create and host a landing page for your PPC campaign, as needed. Customer should not expect the landing page to match the look and feel of its other websites and landing pages will have different domain names (URLs) than Customer’s regular website domain name. A call tracking feature is implemented for your PPC Service. To opt out of call tracking you must send an email your account or sales representative.
Service Period. Although the Term for the PPC Service is designated in increments of time, the PPC Service involves MH acquiring paid placements on third party web sites for Customer. As such, once the dollars designated for acquiring such placements are exhausted, MH shall have completed that aspect of its PPC Service obligations.
Management Fees. Management Fees are a percentage of the total PPC Service fee that is not used to pay participating search engines and other third-party advertisers for the Customer’s paid campaigns.
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SPONSORSHIP SERVICES
"Preferred Martindale.com Results" f/k/a "Martindale.com Sponsorship" means a text ad that displays above search results on martindale.com when a user searches within the firm's selected state and practice area. One click will link the user to the firm's website or martindale.com profile.
"Preferred Martindale.com International Results" f/k/a "Martindale.com International Sponsorship" means a text ad that displays above search results on martindale.com when a user searches within the firm's selected country. One click will link the user to the firm's website or martindale.com profile.
"Preferred Links" f/k/a "Sponsored Links" means the service which features a firm's information in an advertisement on the right side of a search results page, displayed in response to a search for attorneys by practice area and geography. In the advertisement, the firm name links to the firm's Professional Profile on Lawyers.com and the URL listed links to the firm's website. Sponsored Links are available nationwide or statewide.
"Preferred Results" f/k/a "Sponsored Results" means a service which displays a firm's information in a featured position on the search results page of Lawyers.com, when a user searches specific city locations and practice areas that are selected by the firm. Links are provided to the firm's Professional Profile and to the firm's website. There are some instances where the appearance of the placement for Preferred Results (county) may occur on a rotating basis with other firms. This occurs when a search is done for a city that spans more than one county.
"Preferred Banner Placements" f/k/a "Premier Banner Sponsorship" means a service which displays a firm's banner advertisement on Lawyers.com prominently on the search results page when a user searches within the firm's selected county and practice area. Visitors to Lawyers.com that clink on the link will be directed to the firm's website. Only one (1) Premier Banner shall appear on a search results page. There are some instances where the appearance of the placement may occur on a rotating basis with other firms. This occurs when a search is done for a city that spans more than a single county.
LAWYERS.COM SHOWCASE AND MASS TORT FEATURED SPONSORSHIPS
Lawyers.com Showcase and Mass Tort Featured Sponsorship products are advertisements featuring Customer's firm that are placed on the "Understand Your Legal Issue", "Discuss Your Legal Issue", and "Legal News and Blogs" sections of Lawyers.com. These sponsorship advertisements include videos that are produced by MH or submitted by Customer.
MH-produced videos will be created remotely, via webcam and Skype, by MH's third-party contractor. Customer understands that Sponsorships and videos may appear on pages that include news stories or articles that more sensitive visitors may find controversial or offensive. Customer will have five business days to review the finished videos and provide approval. If Customer does not respond to MH's request for approval, the videos will be deemed approved by Customer. MH expects that the videos will be live on Lawyers.com within 10 business days after video recording session.
If Customer does not respond to MH's reasonable requests made during the video creation process (i.e.; does not return calls to schedule video recording session or fails to attend a scheduled recording session), then MH may cancel both the sponsorship and video portion of the contract. No other portion of Customer's contract, if any, shall be affected.
Customer will provide materials to MH for use in connection with the Sponsorship advertisement, including but not limited to graphics, artwork, music or other material in any form provided by or created by Customer personnel ("Customer Contributed Content"). Customer hereby represents and arrants that (i) all Customer Contributed Content it creates shall be original Customer's work and that Customer owns all right, title and interest in such Content, and (ii) Customer has acquired sufficient rights in Customer Contributed Content that it has obtained from other sources. The use of the Customer Contributed Content by MH as contemplated herein, shall not infringe on the intellectual property or personal rights of any other person or entity. MH warrants to Customer that any content supplied by MH for use in Customer's Sponsorship advertisement shall not infringe on the intellectual property or personal rights of any other person or entity. All Content shall be the sole property of Customer. During the Term of this Agreement, MH may use Customer's name and logo on its website and in presentations in its displays of MH advertisers and sponsors.
As between MH and Customer, and subject to any licensed rights in certain content or materials provided by MH, Customer shall own any video of Customer or produced in connection with this service.
SPONSORSHIP SERVICES ADDITIONAL TERMS
For Preferred Results, the total number sold per City/County/State/Practice Area Search Term combination will rotate positions on the search results page. For Preferred Links, each search result will rotate among the total number of Preferred Links sold per geography and search term combination.
For all Preferred Placements. MH reserves the right to alter positioning and rotation based on changes to the site and/or products. In the event of such changes, MH will provide reasonably similar positioning and rotation.
To participate in Preferred Results, you must maintain a Professional Profile during the entire Term of the Agreement. You must maintain a Professional Profile or Cross Reference Profile in the geographical location selected for the sponsorship(s) and such location(s) must appear in your profile. For Preferred Results, you must also have a Customer Website provided by MH or a Direct Web Site Link.
All sponsorship content and designs are subject to the approval of MH. MH, in its sole discretion, may decline publication of any content or advertising if it reasonably believes such content or advertising is unsuitable for publication on the site.
Sponsorships may be billed separately from the other MH invoices. MH has the right to remove sponsorships from its websites if payments are not made in accordance with invoice terms. In the event your Order for any of the sponsorship services is terminated for cause on your part (i.e., a material breach that remains uncured for more than 30 days after you receive written notice from MH), the initial deposit will not be refunded, the remaining agreement balance shall be due and payable and your sponsorship(s) will be removed from www.Lawyers.com. In addition, if you are in default under the Agreement, MH reserves the right to withhold all MH services to you including those provided under separate MH agreements. You will be granted the opportunity to renew your sponsorship(s) for the practice area(s) and geographic location(s) selected at then current rates established by MH for such sponsorship(s).
You are solely responsible for the content of your sponsorship(s), compliance with all laws, regulations, licensing and ethical requirements associated with the practice of law and the use of the sponsorship(s) under this agreement. You are advised to contact your local bar association regarding any rules and regulations applicable to your activities under this Agreement.
The Media Outlets are updated and page formats are sometimes changed and, therefore, MH may in its sole and reasonable discretion place advertisements in a similarly prominent location to the location identified in the description of services for the Product.
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TRUESCHEDULER
“TrueScheduler” is a scheduling service for the legal industry. TrueScheduler is designed to allow users to request appointments with law firms and attorneys based upon the attorney or law firm’s availability. The option to request an appointment can appear on lawyers.com, martindale.com or the customer’s Martindale hosted website.
Upon fulfillment, Customer will be provided access to a TrueScheduler dashboard where appointments can be created/edited and settings for existing appointments can be changed.
If Customer has purchased TrueScheduler but has not purchased a Professional Profile, the ability to request appointments will not be available for the firm or attorney on lawyers.com or martindale.com.
Cooperation & Review - To facilitate the fulfillment process, Customer will work with the MH Sales team to complete a guided questionnaire regarding the creation of their TrueScheduler account. MH will apply the answers from the questionnaire to create an account and one (1) appointment to display where requested by Customer as noted in the questionnaire.
As part of fulfillment of TrueScheduler, MH will contact Customer in writing via electronic mail requesting Customer to sync the online calendar noted in the questionnaire with the TrueScheduler service. Customer will respond to this request in a timely fashion. If Customer does not take action to sync their calendar, TrueScheduler fulfillment will not be completed nor enabled where requested by Customer.
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Last Updated August 29, 2024