Copyright © 2014. Know Standards of Excellence. All rights reserved. By using this website you agree to the User Agreement and the Privacy Policy
STANDARDS
KNOW
of
Excellence
I. Introduction
KNOW STANDARDS of EXCELLENCE starts every new User relationship with
a contract. The contract spells out what you can expect from us, and what we expect
from you. We do not know each User personally, so it is important to set out the
ground rules clearly in advance.
If you agree to this contract, welcome to our system!
If you have any questions about any part of the contract, please contact us about
it! We will be glad to explain why these contract provisions are important for our
system. We would like to work with you on making changes if you can show us a better
approach.
Please remember that until there is an agreement in place, you will not
receive full access to our system.
In this agreement, we have referred to the KNOW STANDARDS of EXCELLENCE service as
the "Service", to you as the "User" and to this contract as the "Agreement".
II. Relationship
Between KNOW STANDARDS of EXCELLENCE And User: Providing Only a Venue
KNOW STANDARDS
of EXCELLENCE is an Internet forum that facilitates communication between legal professionals
and potential users of standards/legal services. KNOW STANDARDS of EXCELLENCE acts
as a venue for providers and standards/legal service seekers to exchange information
with the goal of eventually forming a professional relationship. KNOW STANDARDS of
EXCELLENCE does not guarantee that Users will successfully find an advocate/professional
through this system. KNOW STANDARDS of EXCELLENCE takes no position and offers no
opinion on when or if an advocate/professional -
In order to provide an optimal forum for advocates/professionals and clients, KNOW
STANDARDS of EXCELLENCE does not involve itself in the agreements between advocates/professionals
and clients or the actual representation of clients. Therefore, we cannot ensure
the completion of the agreement or the integrity of either party. The User, and not
KNOW STANDARDS of EXCELLENCE, is solely responsible for assessing the integrity,
honesty, and trustworthiness of all persons with whom the User communicates on the
Service.
Disclaimer of advocates/professionals -
Any form of use
of the Service by a subscribing advocates/professionals or potential client is not
intended to and will not create an advocates/professionals -
• KNOW STANDARDS of EXCELLENCE does not screen or vouch for any of its Users
Providing a service where potential clients and advocates/professionals can meet
does not imply an endorsement of any subscribing attorney. KNOW STANDARDS of EXCELLENCE
makes no representation concerning an advocate’s/professional’s qualifications, nor
does it sanction statements an advocate/professional may post on the system. KNOW
STANDARDS of EXCELLENCE does not screen potential cases, or otherwise channel potential
clients to selected advocates/professionals.
• KNOW STANDARDS of EXCELLENCE Does
not provide legal advice KNOW STANDARDS of EXCELLENCE is not a law firm. KNOW STANDARDS
of EXCELLENCE offers no legal advice, recommendations, mediation, or counseling under
any circumstance. KNOW STANDARDS of EXCELLENCE encourages the User not to accept,
as legal advice, any information received from any source found on this service,
unless it is from an attorney the User has retained.
• Disclaimer of representations
by Users
KNOW STANDARDS of EXCELLENCE makes no representation, guarantee, or warranty
(express or implied) as to the legal ability, competence, or quality of representation
which may be provided by any of the advocates/professionals or law firms which may
submit bids and/or are listed through this Web site or any affiliate thereof.
III.
User Guidelines
In order to keep this system attractive and useful for all Users,
it is important that Users follow the rules of the system. Some of these rules are
described in this contract, and the rest in bulletins posted at various points in
the system. KNOW STANDARDS of EXCELLENCE reserves the right to deny further access
to its service to any User who violates these rules, is the subject of complaints
by other KNOW STANDARDS of EXCELLENCE Users, for any other reason, or for no reason
at all.
Users may not engage in any of the following activities on our system:
• do
or say anything to injure or harm others
• display material containing nudity or
pornographic material of any kind
• provide material that is grossly offensive to
the online community, including blatant expressions of bigotry, prejudice, racism,
hatred, or profanity
• promote or provide instructional information about illegal
activities, or promoting physical harm or injury against any group or individual
• defame any person or group
• display material that exploits children under 18 years
of age
• violate the rights of another, including but not limited to the intellectual
property rights of another. This includes using the Service for acts of copyright,
trademark, patent, trade secret, or other intellectual property infringement, including
but not limited to offering pirated computer programs or links to such programs,
information used to circumvent manufacturer-
• violate
Internet standards
• use the Service for displaying harassing, abusive, threatening,
harmful, vulgar, obscene, or tortuous material or invading other's privacy
• interfere
with or disrupting the Service or servers or networks connected to the Service by
posting advertisements or links to competing services, transmitting "junk mail",
"spam", "chain letters", or unsolicited mass distribution of e-
• encourage any
illegal activity, including anything to do with illegal drugs, gambling, pornography,
prostitution, child pornography, robbery, spreading computer viruses, cracking into
private computer systems, software infringement, trafficking in credit card codes,
or other crimes
• compromise the security of the Service KNOW STANDARDS of EXCELLENCE
provides. Do not try to gain access to system areas private to KNOW STANDARDS of
EXCELLENCE, or to other Users.
IV. Ratings
As part of our service to all Users, KNOW
STANDARDS of EXCELLENCE provides a forum for clients to comment on their experiences
with the advocates/professionals reached by using the Service. Comments posted on
the comment board will be available for review by all KNOW STANDARDS of EXCELLENCE
Users and advocates/professionals. While we encourage open and unrestricted use of
the forum, we do not tolerate offensive conduct. When using the discussion forum/blog
to comment on your experiences, please keep the comments accurate, constructive and
civil. Bear in mind that use of disparaging and defamatory comments does not serve
the purpose of the forum and may result in legal liability to the User. KNOW STANDARDS
of EXCELLENCE reserves the right to terminate this agreement and restrict future
access to the Service to Users who post comments that are defamatory, hostile, vulgar,
or otherwise distasteful.
V. Disclaimer of Information Obtained on the Service
KNOW
STANDARDS of EXCELLENCEprovides attorneys/professionals/consultants and potential
clients with a forum that functions as an open market. KNOW STANDARDS of EXCELLENCE
is not responsible for the content of materials posted on its Websites. The opinions
and views expressed are those of the individual Users of the Service and do not reflect
those of KNOW STANDARDS of EXCELLENCE. Data submitted by other Users (both advocates/professionals
and lay persons) is not verified or reviewed in any way before it appears on the
KNOW STANDARDS of EXCELLENCE Website. KNOW STANDARDS of EXCELLENCE does not warrant
the validity or accuracy of any such information. Please use caution and common sense
when using this site.
KNOW STANDARDS of EXCELLENCE is unable to track, verify, or
monitor the standing of each advocate/professional using the Service. Therefore,
KNOW STANDARDS of EXCELLENCE makes no representation regarding the status, standing
or ability of any advocate/professional/consultant or law firm that submits bids,
or is listed through this Web site.
Users are urged to make their own independent
investigation and evaluation of any advocate/professional or law firm being considered.
The determination of the need for legal services and the choice of an advocate/professional/consultant
are extremely important decisions and should not be based solely on advertisements,
claims of expertise, or on the cost of rendering the requested legal services.
KNOW
STANDARDS of EXCELLENCE makes every effort to verify that advocates/professionals
who subscribe to the Service are licensed and in good standing in at least one state
within
Indiaat the time of registration. is not responsible for, and in no way endorses,
any description or indication of specialization or limitation of practice by an advocate/professional/consultant
or law firm. Please be aware that no agency or board may have certified such advocate/professional/consultant
as a specialist or expert in any indicated field of law practice. In addition, an
advocate/professional/consultant claiming specialization is not necessarily any more
expert or competent than other advocates/professionals. It is up to the User to question
the attorneys/professionals/consultants on the factual basis of any statement they
make, ask for the names of the certifying agencies, and verify all information.
Users
are encouraged to use caution when reviewing any information submitted by advocates/professionals/consultants
and other parties. Although KNOW STANDARDS of EXCELLENCE strongly encourages advocates/professionals
to comply with all regulations governing advocates/professionals/consultants conduct,
it is impossible for STANDARDS of EXCELLENCE to monitor advocates/professionals'
integrity or compliance with applicable rules of conduct.
KNOW STANDARDS of EXCELLENCE
in no way endorses the content or legality of any offers, statements, or promises
made by advocates/professionals/consultants or any other parties, on or off this
site.
VI. Confidentiality
KNOW STANDARDS of EXCELLENCE makes every effort to maintain
the confidentiality of any information submitted by Users to our System and our database
of attorneys/professionals/consultants. However, because STANDARDS of EXCELLENCE
cannot control the conduct of others, we cannot guarantee that this information will
remain confidential. Please use caution in deciding what information to input into
the System. Do not make any confessions or admissions. Do not use proper names or
addresses. Do not provide any other highly personal, sensitive, or incriminating
information. KNOW STANDARDS of EXCELLENCE is not responsible for the release or improper
use of such information by other Users or any release due to error or failure in
the System.
VII. Indemnification
The User agrees that KNOW STANDARDS of EXCELLENCE
is not responsible for any harm that this service may cause. The User agrees to indemnify,
defend, and hold KNOW STANDARDS of EXCELLENCE harmless from and against any and all
liability and costs incurred in connection with any loss, liability, claim, demand,
damage, and expenses arising from or in connection with the contents or use of the
Service. The User agrees that this defense and indemnity shall also apply to any
breach by the User of the Agreement or the foregoing representations, warranties
and covenants. The User further agrees that this defense and indemnity shall include
without limitation attorney fees and costs. The User also agrees that this defense
and indemnity shall apply to KNOW STANDARDS of EXCELLENCE, its brand owners, parent
company, affiliates, directors, officers and employees. KNOW STANDARDS of EXCELLENCE
reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by the User and the User shall
not in any event settle any matter without the written consent of KNOW STANDARDS
of EXCELLENCE.
VIII. Communications and Other Data
KNOW STANDARDS of EXCELLENCE is
not responsible for any loss of data resulting from accidental or deliberate deletion,
network or system outages, file corruption, or any other reasons.
IX. Other KNOW STANDARDS
of EXCELLENCE Rights
KNOW STANDARDS of EXCELLENCE also reserves the following rights:
• to release current or past User information, pursuant to the terms of the Privacy
Policy, in the event KNOW STANDARDS of EXCELLENCE believes that accounts are in violation
of the terms of service or page content guidelines, used to commit unlawful acts,
if the information is subpoenaed, and/or if KNOW STANDARDS of EXCELLENCE deems it
necessary and/or appropriate.
• to deny service to offenders of these guidelines or
the Agreement
• to terminate or deny service to anyone for any reason or no reason
X. Modifications to Terms of Service
KNOW STANDARDS of EXCELLENCE may change the
Agreement at any time. The User will be notified of the change and will be responsible
for promptly reading and complying with the new terms and conditions. Continued use
of the service will indicate acceptance of the new terms and conditions.
XI. Modifications
to Service
KNOW STANDARDS of EXCELLENCE reserves the right to modify or discontinue,
temporarily or permanently, the Service with or without notice to the User. The User
agrees that STANDARDS of EXCELLENCE shall not be liable to the User or any third
party for any modification or discontinuance of the Service. The User acknowledges
and agrees that any termination of Service under any provision of this Agreement
may be effected without prior notice, and acknowledges and agrees that STANDARDS
of EXCELLENCE may immediately delete data and files in the User's account and bar
any further access to such files or the Service.
XII. KNOW STANDARDS of EXCELLENCE
's Proprietary Rights
KNOW STANDARDS of EXCELLENCE owns certain things on this system,
including the 'look and feel' of the system, the name of the system, and the collective
work copyright in sequences of public messages on the system. Users cannot reproduce
any message thread from the system, either electronically or in print, without STANDARDS
of EXCELLENCE permission and the permission of all participants in the thread. This
is not a complete list -
The User acknowledges and agrees
that content, including but not limited to text, template, macros, software, music,
sound, photographs, graphics, video, page layout and design, or other material contained
in the Service or information presented through the Service is protected by copyrights,
trademarks, service marks, patents, or other proprietary rights and laws. The User
acknowledges and agrees that the User is permitted to use this material and information
only as expressly authorized by KNOW STANDARDS of EXCELLENCE or its Sponsors, and
may not copy, reproduce, transmit, distribute, or create derivative works of such
content or information without express authorization. The User acknowledges and agrees
that KNOW STANDARDS of EXCELLENCE can display images and text throughout the Service.
XIII.
Disclaimer of Warranties and Limitation of Liability
A great danger for KNOW STANDARDS
of EXCELLENCE, and for all operators of online systems, is that we might be held
accountable for the wrongful actions of our Users. If one User libels another User,
the injured User might blame us, even though the first User was really at fault.
If a User uploads a program with a computer virus, and the other Users' computers
are damaged, we might be blamed even though a User left the virus on our System.
If a User transmits illegal or improper information to another User, we might be
blamed even though we did nothing more than unknowingly carry the message from one
User to another. Accordingly, we need all Users to accept responsibility for their
own acts, and to accept that an act by another User that damages them must not be
blamed on us, but only on the other User.
Although it is KNOW STANDARDS of EXCELLENCE's
goal to provide Users with a reliable, quality system, we may make mistakes or experience
system failure from time to time. Such problems are inevitable in operating a system
of this size. We would not be able to make this system available to Users if we had
to accept blame or financial liability for any usability problems, system failures
or errors, or mistakes or damages of any kind. In order to continue offering and
improving our service, KNOW STANDARDS of EXCELLENCE must deny any warranties on this
service and insure that our liability for any problems connected with the use of
our system is strictly limited.
These needs are accomplished by the following disclaimers:
Disclaimer of Warranties
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
STANDARDS OF EXCELLENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM STANDARDS OF EXCELLENCE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
THE USER AGREES
THAT STANDARDS OF EXCELLENCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE
SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO
OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF STANDARDS OF EXCELLENCE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT
STANDARDS OF EXCELLENCE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT
OR ADVERTENT.
XIV. Arbitration
Any controversy or claim arising out of or relating
to this Agreement or KNOW STANDARDS of EXCELLENCE services shall be settled by binding
arbitration in accordance with the Arbitration and reconciliation Act, 1996. Any
such controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Bangalore, India and judgment on the arbitration
award may be entered by any court having jurisdiction thereof. Either the User or
KNOW STANDARDS of EXCELLENCE may seek any interim or preliminary relief from a court
of competent jurisdiction in Bangalore, India, necessary to protect the rights or
property of the User or KNOW STANDARDS of EXCELLENCE pending the completion of arbitration.
This arbitration clause does not prohibit either KNOW STANDARDS of EXCELLENCE or
the User from seeking to have the arbitration dismissed or judicially terminated
on the basis the claims in arbitration action fail to provide a legal basis upon
which a claim for relief may be granted. Any motion or action to dismiss must be
filed in a court of general jurisdiction within Bangalore, India.
XV. General
This
agreement, the Agreement, incorporates by reference our Privacy Policy and any notice
by KNOW STANDARDS of EXCELLENCE contained in any of the Website pages and constitutes
the entire understanding between the User and KNOW STANDARDS of EXCELLENCE regarding
the User's relationship to our Service.
Users can reach our Service from around the
world. Each of these places has a different set of laws. Since KNOW STANDARDS of
EXCELLENCE cannot keep track of all these laws and their requirements, the Agreement
and the relationship between the User and KNOW STANDARDS of EXCELLENCE shall be governed
by the laws prevailing in Indiawithout regard to its conflict of law provisions.
If
KNOW STANDARDS of EXCELLENCE fails to exercise or enforce any right or provision
of this Agreement, that failure shall not be used to prove that KNOW STANDARDS of
EXCELLENCE has waived the right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and that the other provisions of the Agreement remain
in full force and effect. The User agrees that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of the
Service or the Agreement must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in the Agreement are for
convenience only and have no legal or contractual effect.
We appreciate your interest and support and we welcome you to our Family!
User Agreement