Disclaimers and Terms & Conditions of Use

Disclaimers, and Terms and Conditions of Use

Updated: April 23, 2011

BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

This web site, including all of its features and content (this “Web Site”) is an informational service made available by Rent My Brain, Inc., a Georgia corporation, and all content herein (“Content”) may be used only under the following terms and conditions (“Terms of Use”).

1. Web Site Limited License. Users of this Web Site are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Publisher may terminate this license at any time for any reason.

2. Limitations on Use. The Content on this Web Site is for your personal use only and not for commercial use or resale. You may not reverse engineer, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any automatic software or manual process to monitor or copy this Web Site or the Content without Publisher’s prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site without written permission from the publisher. You may not use or otherwise export or re-export any portion of this Web Site or its Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.

3. Third Party Communications. The Publisher disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any such communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Publisher assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Web Site, including but not limited to communications from lawyers who advertise on this site.

4. Not Legal Advice. The Content contained in this Web Site is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor will anything submitted to this Web Site be treated as confidential. The accuracy and completeness of the Content herein is not warranted. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.

5 Intellectual Property Rights. Nothing contained in these Terms of Use shall confer upon you or any other party any intellectual property rights, including copyright. You agree that the Content and Web Site are protected by United States copyright law.

6. You grant to Publisher an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit (collectively, “Postings”) to this Web Site. Said license is without restrictions of any kind and without any payment due from Publisher to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute -, display, perform and sublicense Postings- in any form, medium, or technology now known or hereafter developed.

7. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Publisher a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you above and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy , copyright, patent or other intellectual property right or any proprietary right.

8. You acknowledge and agree that your submitting Postings to this Web Site does not create any new or alter any existing relationship between you and Publisher.

9. By submitting Postings to this Web Site, you acknowledge and agree that Publisher may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Publisher for any alleged or actual infringement or misappropriation of any proprietary or other right in the Postings you provide to Publisher.

10. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Publisher has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Publisher reserves the right to remove any Content that allegedly infringes another person’s copyright. Publisher will terminate, in appropriate circumstances, subscribers and account holders of Publisher’s system or network who are repeat infringers of another person’s copyright. Notices to Publisher regarding any alleged copyright infringement should be directed to the Rent My Brain, Inc., Chief Legal Officer via mail or courier at 1854 Independence Square, Atlanta, Georgia 30338, via fax at 770-393-0240, or via email at rentmybrain.ginsberg @ gmail.com.

11. Linking to this Web Site. You may link to this Web Site, provided that you do not remove or obscure any portion of this Web Site, including any advertisements, terms of use, copyright notice, and other notices on this Web Site, that you immediately deactivate and discontinue providing links to this Web Site if requested by Publisher. Publisher may deactivate any outbound link at its discretion.

12. No Solicitation. You shall not distribute on or through this Web Site any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Publisher. Notwithstanding the foregoing, in any interactive areas of this Web Site (the “Interactive Areas”), which includes, blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you may list along with your name, address and email address, your own web site’s address (URL) and may recommend third party web sites, goods or services. In no event may you solicit anyone with data retrieved from this Web Site. Publisher reserves the right to edit such postings to remove any such submission.

13. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable federal and state law. Publisher will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

14. Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Publisher of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Publisher does not permit anyone other than you to use the sections requiring registration by using your name or password or access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Publisher immediately by emailing rentmy brain @ gmail.com.

15. Reserved.

16. Postings Must be Lawful. If you participate in Interactive Areas on this Web Site, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Publisher may delete your Postings at any time for any reason without permission from you.

17. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. If the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.

18. No Monitoring of Postings. Publisher has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Publisher however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.

19. Non-Commercial Use only of Interactive Areas. Any Interactive Area is provided solely for your personal use. Any unauthorized use of any Interactive Area of this Web Site, its Content, or Postings is expressly prohibited.

20. Errors and Corrections. Publisher does not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Publisher does not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Publisher may make improvements and/or changes to its features, functionality or Content or Postings at any time.

21. Third Party Content. Third party content (including Postings) may appear on this Web Site or may be accessible via links from this Web Site. Publisher shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Publisher. Further, information and opinions provided by employees and agents of Publisher in Interactive Areas are not necessarily endorsed by Publisher and do not necessarily represent the beliefs and opinions of Publisher.

22. Attorney Ethics Notice. If you are an attorney participating in any aspect of this Web Site, including but not limited to Interactive Areas, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Publisher disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any Interactive Area on this Web Site, that you will not offer legal advice, but will only provide general information.

23. DISCLAIMER. THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PUBLISHER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.

24. LIMITATION OF LIABILITY. PUBLISHER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. PUBLISHER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PUBLISHER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

25. Indemnification. You agree to indemnify, defend and hold Publisher, its officers, directors, employees, agents, licensors, suppliers and any third party information Publishers to this Web Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you.

26. Third Party Rights. The provisions of paragraphs 23 (Disclaimer), 24 (Limitation of Liability), and 25 (Indemnification) are for the benefit of Publisher and its officers, directors, employees, agents, licensors, suppliers, and any third party information Publishers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

27. Unlawful Activity. Publisher reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

28. Remedies for Violations. Publisher reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Web Site and any other Publisher web sites and their features.

29. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Georgia and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

30. Privacy. Your use of this Web Site is subject to Publisher’s Privacy Policy.

31. Modifications to Terms of Use. Publisher reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. You consent to be bound by such changes by your continued use of this Web Site.

32. Notice and Disclaimers regarding choosing a lawyer. Choosing a lawyer is a serious matter and the decision to choose an attorney should not be based solely on an advertisement or advertising. When you complete a case review form, personal information about your legal matter will be emailed to a lawyer who has paid to advertise on this site. Before retaining this lawyer or any lawyer, you should request and carefully review information about that lawyer’s qualifications, educational background and experience in the particular area of law at issue. The lawyers who have paid to advertise on this site have agree to provide to you, upon request, additional information about that lawyer’s qualifications.
Rent My Brain, Inc. does not make any representation that any sponsoring attorney or law firm is a specialist. Certain State Bar Associations require additional attorney disclaimers regarding certification as a Specialists.? The following is a list of disclaimers:

Alabama
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Alabama Rules of Professional Conduct Rule 7.2(e) (1997).

Alaska
The Alaska Bar Association does not accredit or endorse certifying organizations.

Alaska Rules of Professional Conduct Rule 7.4(a)(2) (1998).

Florida
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Florida Rules of Professional Conduct Rule 4-7.2(d) (1997).

Hawaii
There is no procedure for review or approval of specialist certification organizations in Hawaii.

Hawaii Rules of Professional Conduct Rule 7.4(c) (1997).

Illinois
The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois.

Illinois Rules of Professional Conduct Rule 7.4(c)(2) (1997).

Iowa
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.

Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer.

A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.

All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

See Iowa Code of Professional Responsibility DR 2-101(A), DR 2-101(C), DR 2-105(A)(3)(c) (1997).

Massachusetts
If a Massachusetts lawyer holds himself or herself out as “certified” in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.

See Massachusetts Code of Professional Responsibility DR 2-105(B) (1997).

Mississippi
The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Free Background information is available upon request to a Mississippi attorney.

The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein.

See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997).

Missouri
Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Missouri Rules of Professional Conduct Rule 7.4 (1997).

Nevada
Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability.

Nevada Rules of Professional Conduct Rule 198 (1997).

New Jersey
Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association.

See New Jersey Rules of Professional Conduct Rule 7.4(b) (1997).

New Mexico
Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law.

See New Mexico Rules of Professional Conduct Rule 16-704(D) (1997).

Rhode Island
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.

Rhode Island Rules of Professional Conduct Rule 7.4 (1998).

Tennessee
Unless otherwise indicated, Tennessee attorneys are not certified as specialists by the Tennessee Commission on Continuing Legal Education and Specialization in the areas of practice listed on their profiles.

See Tennessee Code of Professional Responsibility DR 2-101(C)(3) (1998).

Texas
Unless otherwise indicated, Texas attorneys are Not Certified by the Texas Board of Legal Specialization in the areas of practice listed on their profiles.

See Texas Disciplinary Rules of Professional Conduct Rule 7.04(b)(3) (1999).

Washington
The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any certificate, award, or recognition by a group, organization or association used by a Washington attorney to describe his or her qualifications as a lawyer or qualifications in any subspecialty of law is not a requirement to practice law in the State of Washington.

See Washington Rules of Professional Responsibility Rule 7.4(b) (1997).

Wyoming
The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

Wyoming Rules of Professional Conduct for Attorneys at Law Rule 7.4 (1997).