1. INTRODUCTION
IF YOU DO NOT ACKNOWLEDGE THESE TERMS OF USE OR ARE UNABLE TO FULLY UNDERSTAND THEM, OR ARE UNDER 18 YEARS OF AGE OR ARE OTHERWISE UNABLE TO BE LEGALLY BOUND BY THESE TERMS OF USE, DO NOT USE THIS WEBSITE, OUR SERVICES, OR OUR SYSTEM.
A. ACKNOWLEDGEMENT. YOUR USE OF THIS WEBSITE, OUR SERVICES, OR OUR SYSTEM (EACH DEFINED BELOW) INCLUDING, WITHOUT LIMITATION, YOUR USING OR ACCESSING ANY PROVIDED CONTENT (ALSO DEFINED BELOW) OR OTHER DATA, INFORMATION, ADVERTISEMENTS, LINKS, OR SERVICES MADE AVAILABLE ON, THROUGH, OR BECAUSE OF THIS WEBSITE, OUR SERVICES, OR OUR SYSTEM SHALL CONSTITUTE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS OF USE, WHICH MAY BE CHANGED FROM TIME-TO-TIME BY US WITHOUT ANY PRIOR NOTICE TO YOU OTHER THAN AS MADE AVAILABLE TO YOU ON THIS WEBSITE. YOU, THEREFORE, AGREE TO PERIODICALLY CHECK THESE TERMS OF USE AND ON OTHER OF OUR WEBSITES AND CONTINUING RESOURCES FOR ANY OF OUR SERVICES OR ANY PART OF OUR SYSTEM USED BY YOU FOR ANY CHANGES. YOUR CONTINUED USE OF THIS WEBSITE, OUR SERVICES, OR OUR SYSTEM FOLLOWING THE POSTING OF CHANGES TO SUCH TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.
B. Parties. “We,” “Our,” or “Us” shall means INTERACTIVE PERIODICAL SERVICES, LLC, a South Carolina limited liability company and, wherever applicable, shall include, without limitation, Our members, managers, employees, contractors, Affiliates, Registered Information Content Providers, Our and their licensees, and sub-licensees. “You” or “Your” shall mean you, individually, collectively, jointly, and severally with any party, legal entity, or organization on whose behalf, or in association with, you use or access the Website, Our Services, or Our System and shall include, without limitation, all Unregistered Visitors, Registered Information Content Providers and their associated authors, Advertisers, and newsletter and news wire service subscribers, as may be further defined herein these Terms of Use or elsewhere in Our System, as applicable.
C. Conditions for use of this Website, Our System, or Our Services. In accessing and using this Website, Our Services, or Our System, You shall be bound by these Terms of Use and You specifically represent and warrant that:
(1) You are at least 18 years old and are legally able to be bound by these terms of use;
(2) You have read and fully understand and agree to be bound by these Terms of Use and other terms, conditions, and policies found throughout (i) this Website, (ii) Our Services, and (iii) Our System, as may be amended by Us from time-to-time, as well as all applicable laws and regulations;
(3) if you are accessing or using this Website, Our Services, or Our System within the scope of any employment, or on behalf of any person, legal entity, or other party or organization, You are authorized by such person or party to accept these Terms of Use on behalf of such other party who shall be legally bound by these Terms of Use, and that You do so on behalf of such party, as well as personally, and that any submission, posting, or publishing of any Provided Content by You on behalf of another or others is done with their express consent and is true and accurate to the best of their and Your knowledge;
(4) You are fully informed and acknowledge that the Provided Content and other information on this Website and in Our System may be or become inaccurate, out-of-date, not applicable in Your jurisdiction, and may not be a definitive or complete statement of applicable law or an exhaustive examination of all possible facts, circumstances, or applications of law;
(5) You are fully informed, acknowledge, and agree that all Provided Content and the opinions, statements, information, conclusions, expressions, ideas, offers, quotations, images, tables, graphs, charts, and representations or warranties associated therewith on this Website and in Our System: (a) is provided by independent Registered Information Content Providers strictly for the limited purpose of providing general information to Unregistered Visitors and the public generally; (b) is not legal advice; (c) is not to be used for planning, structuring, or executing transactions or the provision of, or basis for, legal advice; and that legal questions and issues are best addressed by retaining the services of an attorney, knowledgeable in the law of, and licensed in, the appropriate jurisdiction and that non-legal questions and issues are best addressed by obtaining the services of other consultants or professions; (d) are the opinions, statements, information, conclusions, expressions, ideas, offers, quotations, images, tables, graphs, charts, and representations or warranties of the respective registered information content providers or Advertisers and not Ours, (e) that We do not represent, warrant, or guarantee the truthfulness, completeness, accuracy, or completeness of such Provided Content, or that it is up to date, and (f) that, to the maximum extent allowed by law, except as otherwise expressly set forth herein these Terms of Use, We shall have no liability to You or any third-party with regard to any loss, damages, claims, or liability resulting from your use of, or reliance on, the Website, Our Services, or Our System.
(6) that You acknowledge additional, important representations and warranties are included below, which You have read, understood, and shall be bound by.
2. DEFINITIONS
The following definitions shall apply:
A. “Advertiser” in the singular and “Advertisers” in the plural shall mean any outside individual, party, company, legal entity, or organization that provides Us, whether for remuneration or not, with one or more commercial advertisements or public service notices or announcements, to be placed on this Website, in our Our System, or in or on other media under Our, our Affiliates’, licensee’s, or sub-licensee’s control. Advertisers are governed by, and must execute, Our Advertising Agreement, in addition to being subject to these Terms of Use, and should contact Us directly.
B. “Affiliate” in the singular and “Affiliates” in the plural shall mean any provider of marketing, content distribution, publishing, or other products or services used by Us in providing this Website, Our Services, or Our System that (1) is or are owned, managed, or under common control with Us in whole or part, or (2) is or are owned or managed by third-parties.
C. “Content” shall mean both “Provided Content” and “Our Content,” unless otherwise stated or obvious from the context, and shall include, without limitation, information, representations, opinions, data, graphics, photographs, videos, podcasts, recordings, links, files, or other data, information, or media in any form or format, and all attachments thereto included in this Website or Our System.
D. “Continuing Resource” in the singular or “Continuing Resources” in the plural shall mean any online blog, review, journal, magazine, forum, news site, newsletter, RSS feed, or other resource for information issued over time with no predetermined conclusion, made available to the public, in successive or integrating issues which may have numerical and/or chronological designation.
E. “Internet Computer Service” in the singular and “Internet Computer Services” in the plural shall be as defined under 47 USC §230 of the Communications Decency Act as an internet service provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet
F. “Non-registered Visitor” in the singular and “Non-registered Visitors” in the plural shall mean a User or Users of this Website or one or more of the Continuing Resources in Our System who are not Registered Information Content Providers or their associated authors.
G. “Our Content” shall mean information, data, or media in any form that originates with Us, independently of any information, data, or media provided to Us by a Registered Information Content Provider.
H. “Provided Content” shall mean information, representations, opinions, data, graphics, photographs, videos, podcasts, recordings, links, files, or other data, information, or media in any form or format, and all attachments thereto provided by (1) a Registered Information Content Provider or one or more of its associated authors or (2) an Advertiser to Us to be posted, published, copied, linked to, or otherwise distributed, disseminated, or promoted using Our Continuing Resources, Our System, or using Our Services or the services of Our Affiliates, Licensees, or Sub-licensees, including, without limitation: (a) original, previously unpublished articles, comments, book reviews, case law reviews, and all attachments thereto in any form, format or media, (b) subscriber, firm, company, business entity, organization, or Advertiser information, representations, offers, terms, graphics, banners, links, files, contact, and social media information, descriptions, or links, or (c) individual author profile information, representations, offers, terms, graphics, banners, links, files, contact, and social media information, descriptions,
I. “Registered Information Content Provider” in the singular and “Registered Information Content Providers” in the plural shall mean Subscribers, and the individual authors of Provided Content who are registered through or in association with each such Subscriber. Registered Information Content Providers are intended to be limited to: (1) law firms or licensed attorneys in good standing with state licensing bars, (2) certified public accounting firms or certified public accountants in good standing with applicable state licensing boards, (3) legal entities or educational or charitable organizations whose mission directly relates to researching or disseminating information on legal, regulatory, or tax matters and their associated authors, and (4) legal or tax scholars holding a JD, LLM, PhD, or equivalent degree from an accredited institution of higher learning. YOU SHOULD NOT REGISTER OR CONTINUE AN ACCOUNT if you do not qualify as one of the above referenced eligible parties.
J. “Services” and “System” shall mean any of the Interactive Services, Continuing Resources, media, and methods offered or made available by or through Us from time-to-time to which a Registered Information Content Provider or its associated authors specifically subscribe and may include, without limitation, posting, publishing, displaying, or distributing Provided Content from time to time, in whole or part, or as links thereto: (1) on this Website or other websites or any of the Continuing Resources made available by Us or through Us to Our Affiliates, Licensees, or Sub-licensees, (2) in periodicals, collections, digests, newsletters, news wire services, news feeds, and RSS feeds, as well as (3) on or through other services relating to the distribution, marketing, printing, copying or publishing of Provided Content in any format, forum, or media, whether such Provided Content is published individually or in one or more collected works, and whether in association with Our Services or System or those of one or more of Our Affiliates, Licensees, or Sub-licensees. We and Our Affiliates, Licensees, and Sub-Licensees may offer new services or make changes to services or our systems from time-to-time and such new or changed services and systems shall be automatically governed by these Terms of Use, whether or not then modified by Us, Our Affiliates, Licensees, or Sub-licensees, and by other policies or requirements We or they may then adopt and which shall apply to all Provided Content, whether previously or subsequently posted, published, displayed, or distributed.
K. “Subscriber,” “Subscription,” or “Account” shall mean respectively a Registered Information Content Provider and his, her, or its registered account through which one or more associated authors from time-to-time may publish and/or distribute Provided Content through Our Services or in Our System, or have such Provided Content, and/or links thereto, distributed by Our Services, and/or in Our System, including by Us, Our Affiliates, Our Licensees, or Sub-licensees, or as as may be otherwise granted to Us herein or elsewhere by the Registered Information Content Provider or his, her, or its associated authors.
L. “User” in the singular and “Users” in the plural shall mean any and all parties, including both real persons and legal entities, other than Us, who use this Website, Our Services, or Our System or use or, access, publish, republish, or distribute any Provided Content, including, without limitation, (1) Non-registered Visitors or users of this Website, Our Services, or Our System, (2) Advertisers on this Website or Our System, (3) newsletter, news wire, or news feed subscribers, and (4) Registered Information Content Providers, including, without limitation, the registered authors associated with each. M. “Website” shall mean the interactive website located at lawspree.com (and any subsequent URLs to which this Website or its contents are moved and not merely distributed), and on all URL extensions thereto, and all data, images, information, materials, and services it makes available, EXCLUDING any products or services offered or made available therein by any third-party or websites or resources from or to which it may be linked. This Website is an Internet service made available by Us through servers we own, control, or have access to and is not a tangible product. It operates online under the URL LawSpree.com and the service trademark LawSpree (STM).
3. USER RESTRICTIONS, REPRESENTATIONS, AND WARRANTIES
A. Conditions of Use. Except as otherwise expressly set forth herein, We grant You a non-exclusive, non-transferable license to use the Website, Our System, Our Services, and the public information or Provided Content contained in, generated by, or distributed through or from them for general informational purposes only, strictly conditioned on these Terms of Use and the legal notices, disclaimers, and policies set forth herein and throughout the Website and System. You agree to not reproduce, redistribute, or create derivatives works from the Website, the System, or Provided Content for any commercial purpose without the prior permission of the copyright holder(s), or to redistribute any Provided Content, except through Our Services or System, 0r as may be consistent with such rights as are retained by you.
B. Continued Use. Any subsequent access to this Website, Our Services, or System, or to any Provided Content shall constitute a reaffirmation of Your obligations and Our rights under these Terms of Use and Your agreement to any modifications or amendments hereto or thereto by Us.
C. Authorized Representative. If you are accessing this Website within the scope of any employment, or as a representative of another party, entity, or organization, You represent and warrant that You are authorized to bind such employer, party, entity, or organization to these Terms of Use.
D. Restrictions on Use. We impose certain restrictions on your permissible use of this Website, Our Services, or System. You are prohibited from violating or attempting to violate any security features of this Website, the Websites throughout Our System, and the Servers hosting them, including, without limitation, (1) accessing content or data not intended for You, or logging onto or attempting to log onto a server or account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of the this Website, or any associated server, system, or network, or to breach security or authentication measures without proper authorization; (3) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting or injecting a virus or other malware to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” this Website, Our System, or the servers upon which they are hosted; (4) using the Website or Registered Information Content Provider contact information to send, or facilitate the sending of, unsolicited commercial e-mail, including, without limitation, promotions, or advertisements for products or service; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website; (6) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Website and its service(s); (7) collecting, reconstituting, compiling, or otherwise using the information provided on or through this Website, Our Services, or System whether in whole or in part, for the purpose of reselling, sharing, distributing, or making such information publicly accessible, or for any commercial purpose; or (8) use this Website, Our Services, or System in violation of any law. Any violation of system or network security may subject you to civil and/or criminal liability.
E. CONTENT NOTICE & DISCLAIMER. YOU FULLY ACKNOWLEDGE THAT BOTH OUR CONTENT AND PROVIDED CONTENT ON THIS WEBSITE, IN OUR SYSTEM, OR THROUGH OUR SERVICES, MAY BE INCORRECT, INCOMPLETE, OR OUT-OF-DATE AND THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES OTHERWISE. YOU REPRESENT, AND WARRANT THAT NEITHER OUR CONTENT NOR ANY PROVIDED CONTENT SHALL BE USED TO CONCEIVE, GUIDE, OR STRUCTURE ANY TRANSACTION OR BE USED FOR THE PROVISION OF, OR BASIS FOR, LEGAL ADVICE. YOU ARE ADVISED TO RETAIN APPROPRIATE COUNSEL KNOWLEDGEABLE WITH YOUR SPECIFIC FACTS AND CIRCUMSTANCES AND APPLICABLE LAWS BEFORE COMMENCING ANY ACTIVITY WITH LEGAL OR TAX CONSEQUENCES.
F. Other Websites. Links to other websites and services outside Our control, including, without limitation, certain Affiliate or third-party websites and services, may be found on this Website or in Our System. You acknowledge and agree that: (1) We are not liable for the polices, pricing, or services of such parties; (2) You are solely responsible for reading and understanding all applicable terms and conditions and privacy policies when visiting or using or relying on such websites and services; (3) We make no representations or warranties with regard to any such websites or services; and (4) visitation or use of such websites or services is at your own risk. You represent and warrant that if you do not agree to the foregoing, you shall not click or otherwise click or use any links to such websites or services found on this Website, Our Services, or Our System.
G. Linking Policy. You may link to Our Website or other Websites in Our System, PROVIDED (1) any such link or use of any such link shall not be used to suggest or imply the endorsement of any such linking website or services by Us, Registered Information Content Providers or their associated authors, or Advertisers; (2) We reserve and shall have the right at any time to revoke any link to this Website, Our Services, or Our System in Our sole discretion; and (3) in liking to Our Website, Services, or System you agree to immediately remove and to cease and desist in the creation of or continuation of any such link or links at Our request.
H. Data Tracking & Privacy Policy. To improve Our Website, Our Services, Our System, Value to Advertisers, and to assist Registered Information Content Providers, and their associated authors, You acknowledge and agree that this Website, Our Services, and Our System may track, aggregate, and compile data and other information of any or all Users using cookies, User IP addresses, re-marketing and tracking scripts to place advertisements on subsequently visited third-party websites, and other common marketing and data tracking practices, and to use and share this data and information with Registered Information Content Providers, Advertisers, and others, and that You have read, understood, and agreed to our Privacy Policy.
I. USE DOES NOT ESTABLISH ATTORNEY-CLIENT RELATIONSHIPS. YOUR USE OF THIS WEBSITE OR OUR SYSTEM DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP WITH ANY PARTICIPATING LAW FIRM OR ATTORNEY PUBLISHING CONTENT ON THIS WEBSITE OR ON OUR SYSTEM.
J. CHANGES IN TERMS OF USE & POLICIES. WE RESERVE, AND SHALL HAVE, THE RIGHT TO CHANGE, ADD, OR REMOVE PORTIONS OF THESE TERMS OF USE IN OUR SOLE DISCRETION, AT ANY TIME, AND WITHOUT ADVANCED NOTICE TO YOU. (PLEASE CHECK THE TERMS OF USE ON THIS WEBSITE, FOR OUR SERVICES, AND FOR OUR SYSTEM PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS WEBSITE, FOR OUR SERVICES, AND FOR OUR SYSTEM FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.)
K. No Commercial Use of Profile Information. You will use the Website, Server, Services, and System for lawful purposes only and only in strict accordance with these Terms of Use and shall not, without the express consent by the Registered Information Content Provider, use or assist in the use of any profile information of such Registered Information Content Provider for any commercial purposes whatsoever, or send or assist others in sending unsolicited email to any Registered Information Content Provider.
L. Internet Computer Services Pursuant to 47 USC §230 of the Communications Decency Act. You acknowledge and agree that each of the interactive websites, software programs, or other Continuing Resources that are a part of Our Services or Our System, including, without limitation, this Website, that publish, distribute, or disseminate Provided Content is an Internet Computer Service as defined under 47 USC §230 of the Communications Decency Act and provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and are specifically designed to provide: (1) independent Registered Information Content Providers and their associated authors with interactive websites and other Continuing Resources and services for publishing, distributing, or disseminating posts, articles, comments, book reviews, case law reviews, news items, press releases, images, and other Provided Content, subject to these Terms of Use, and (2) to provide Non-registered Visitors and other parties with searchable, viewable, or receivable information, data, media, links, Continuing Resources, and other Provided Content for general information purposes, subject to these Terms of Use. Advertisers are governed by, and must execute, Our Advertising Agreement, in addition to being subject to these Terms of Use, and should contact Us directly.
M. Objectionable Content & Parental Control Pursuant to 47 USC §230 of the Communications Decency Act. Pursuant to 47 USC §230 of the Communications Decency Act, You are hereby notified and acknowledge that, notwithstanding any other provision in these Terms of Use or on the Website, in Our Services, or in Our System, We, without the obligation to do so, may restrict access to or availability of material that We, in Our sole discretion, determine to be obscene, lewd, lascivious, filthy, excessively violent, extremely controversial, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. You are hereby notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Current providers of such protections may be found searching applicable terms, such as “parental control protections” and “Internet filtering services” in any of the major search engines.
N. Reliance on Representations of Others. You acknowledge and agree to Our right to rely on the representations of any and all parties that are, or are applying to become a Registered Information Content Provider, or individual author associated therewith and that We shall have no obligation whatsoever to independently verify any such representations or warranties any such party makes to Us and that any instance of Our requesting information from any such party does not create an obligation for Us to do so in other instances.
4. MISCELLANEOUS TERMS
A. Legally Binding. By accessing and using this Website, or subsequently accessing and using (1) any Provided Content or links to or from such Provided Content, (2) any of the Services made available on, through, or because of this Website, or (3) Our System, You, individually and collectively (with any and every party, legal entity, and organization on whose behalf, or in association with, you access or use the Website, Our Services, or Our System) acknowledge that You have read, understood, and agree to be legally bound by these Terms of Use and all other applicable federal, state, and local laws, regulations, and other terms or conditions, required representations, legal notices, disclaimers, and policies set forth herein and throughout the Website, Our Services, and Our System.
B. Advertising. This Website may generate additional revenue through the display of advertisements as may be determined in Our sole discretion, including, without limitation, advertisements on website pages, newsletters, news wire services, news feeds, RSS feeds, and other websites, forums, or media upon which Provided Content, or links thereto, may appear and whether such websites, forums, or media are owned our managed by Us, entities under common control with Us, or Our Affiliates. Advertisers are additionally subject to the terms and conditions of Our separately provided Advertising Agreement. We currently do not accept direct advertisements for the legal services of licensed lawyers, except on pages exclusively containing Provided Content created by one or more authors associated with such lawyer or law firm that is a Registered Information Content Provider. Law firm and authoring attorney contact and other descriptive information provided or displayed in association with Provided Content, in whole or part, is acceptable as solely determined by Us.
C. Legal Disclaimers. In addition to Your acknowledgement and agreement with all other disclaimers and limitations on the representations, warranties, and obligations as set forth in these Terms of Use, and elsewhere for Our Services and in Our System, You further acknowledge and agree:
D. As is. Website Content is Provided “AS IS” and “WHERE IS.” THE WEBSITE AND ITS PROVIDED CONTENT ARE PROVIDED “AS IS” AND FOR GENERAL INFORMATIONAL PURPOSES ONLY AND “WHERE IS.”
E. Disclaimer of Representations and Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT EITHER THE PROVIDED CONTENT OR OUR CONTENT CONTAINED IN THIS WEBSITE OR IN OUR SYSTEM WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR THE OPERATION OF THIS WEBSITE OR ANY INFORMATION, DATA, SOFTWARE, FILES, MEDIA, IMAGES, OR OTHER CONTENT ACCESSIBLE THROUGH THE WEBSITE, OUR SERVICES, OR OUR SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE OTHER WEBSITES, CONTINUING RESOURCES, SERVICES OR SYSTEM OF OURS (OR ANY SERVERS THAT MAKE SUCH INFORMATION, DATA, SOFTWARE, FILES, MEDIA, IMAGES, OR OTHER CONTENT AVAILABLE) OR OF OUR AFFILIATES, LICENSEES, OR SUB-LICENSEES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, DATA, SOFTWARE, FILES, MEDIA, IMAGES, OR OTHER CONTENT WHETHER PROVIDED CONTENT OR OUR CONTENT, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MUCH, MOST, OR ALL OF THE INFORMATION, DATA, MEDIA, IMAGES, OR OTHER CONTENT OF REGISTERED INFORMATION CONTENT PROVIDERS AND ADVERTISERS IS PROVIDED TO US BY PARTIES PRESUMED BY US TO BE EITHER THE REGISTERED INFORMATION CONTENT PROVIDERS OR THE AUTHORIZED AGENTS OR REPRESENTATIVES OF THE REGISTERED INFORMATION CONTENT PROVIDERS OR THE AUTHORS ASSOCIATED WITH THE ACCOUNTS OF EACH. WE DO NOT REPRESENT OR WARRANT THAT ANY SUCH INFORMATION, DATA, SOFTWARE, FILES, MEDIA, IMAGES, OR OTHER PROVIDED CONTENT OR OUR CONTENT IS ACCURATE OR UP-TO-DATE AND WE MAKE NO COMMITMENT BEYOND THESE TERMS OF USE TO CORRECT OR UPDATE ANY SUCH CONTENT, WHETHER PROVIDED CONTENT OR OUR CONTENT, AND SHALL BEAR NO LIABILITY FOR CLAIMS OR CAUSES OF ACTION RELATED TO SUCH CONTENT. YOU ARE EXPRESSLY ADVISED THAT CONTENT ON THIS WEBSITE OR THROUGHOUT OUR SYSTEM MAY NOT BE ACCURATE, UP-TO-DATE, OR CONSTITUTE A DEFINITIVE OR COMPLETE STATEMENT OF ALL POSSIBLE FACTS, CIRCUMSTANCES, OR APPLICATIONS OF LAW. YOU HEREBY AGREE TO INDEPENDENTLY CONFIRM ANY CURRENT VERACITY OF SUCH CONTENT.
F. No Oral or Written Representations & Warranties Outside these Terms of Use. NO ORAL OR WRITTEN REPRESENTATIONS, ADVICE, OR WARRANTIES MADE BY ANY PRINCIPLE, EMPLOYEE, CONTRACTOR, AGENT, OR AFFILIATE OF OURS IN PROVIDING SERVICES UNDER THESE TERMS OF USE THAT EITHER CONTRADICT OR EXCEED THE EXPRESS OBLIGATIONS, REPRESENTATIONS, OR WARRANTIES MADE HEREIN THESE TERMS OF USE SHALL BE CONSIDERED IN ANY MANNER LEGAL BINDING ON US OR ACTIONABLE BY YOU AND SHOULD NOT BE RELIED UPON TO YOUR DETRIMENT BY YOU.
G. Certain Disclaimers May Not Apply. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
H. Not Legal Advice. Neither Provided Content nor Our Content is intended to constitute legal advice in any specific situation and nothing herein this Website, Our Services, or Our System should be considered legal advice or constitute the creation of an attorney-client relationship with any otherwise qualified party.
I. Content Availability. We disclaim any representations or warranties regarding the ongoing availability of any Content. We may change or delete Our Content at any any time without notice. Registered Information Content Providers may change or delete any Provided Content accessible to them at any time without our approval or prior permission. We expressly disclaim that this any particular Website, Continuing Resource, or Content will be continuously available, their availability being contingent on server up-time, Registered Information Content Provider changes or deletions to Provided Content, and for other reasons that may be within or outside our control.
J. Browser Incompatibility. This Website, Our Continuing Resources, or Our System may not be compatible with your browser or computer configuration.
K. Links and References to Other Websites, Resources, Advertisers, Products, or Services. This Website, Our Services, and Our System may contain links or references created by Us, Registered Content Providers, or Advertisers to other websites, resources, services, and products, including, without limitation, those of Advertisers. We shall have no liability to You or to any third-party for any content, materials, purchase or use terms, policies, representations, products, services, or practices relating to any such linked or referenced website, resource, Advertiser, or third-party, and We make no representations, warranties, or guarantees regarding the same. You are solely responsible for reading and understanding any and all applicable terms, conditions, representations, warranties, and policies of any such websites, resources, Advertisers, or third-parties and expressly acknowledge that You access or use any of the same solely at Your own risk. You should not assume that links from this Website, Our System, or Our Services to any other website will result in any beneficial Search Engine Optimization effect to such website and we expressly disclaim any such assumed benefit or effect.
L. Not Attorneys or an Attorney Referral Service. We are not attorneys and do not provide legal advice. Nor are we an attorney referral service. We do not collect fees for any referral. We make no representation whatsoever with regard to any Registered Information Content Provider or associated author whose information is made available on or through this Website, Our Services, or Our System or with regard to the quality of his, her, or its legal, tax, or other services. Nor do we limit the number of attorneys, tax practitioners, scholars, or organizations whose information appears on this Website or Our Services, except for such limitations or restrictions set forth herein these Terms of Use, and the policies, legal notices, required representations, and other terms and conditions found on this Website, in Our Services, or in Our System. Rather, we allow a Registered Information Content Provider and their associated authors the opportunity to display and distribute biographical and other information intended to help better inform the public. Submissions for Provided Content on this Website and in Our System, are paid for, by, or on behalf of, Registered Information Content Provider and their associated authors.
M. Privacy Policy. A complete statement of Our current privacy policy can be found elsewhere on this Website. Our privacy policy is expressly incorporated into these Terms of Use by this reference.
N. Copyright Infringement Notice Policy. A complete statement of Our Copyright Infringement Notice Policy can be found elsewhere on this Website. Our Copyright Infringement Notice Policy is expressly incorporated into these Terms of Use by this reference.
O. Affiliates. Affiliates may include other websites, marketing or publishing services, newsletter and news wire services, and other content distribution services (1) owned, managed, or under common control with Us, or (2) owned or managed by third-parties. You acknowledge and agree that We have no control over, and no liability for, any third-party websites, materials, services, representations, or actions. We may advertise, link to, receive and pay commissions, and receive and pay licensing fees to or from affiliated websites and services or work with partners and affiliates whose advertisements may be displayed on this Website and/or Our System and whose own websites or resources may be linked to on this Website and/or Our System. You acknowledge and agree that We, Our Affiliates, Licensees, and Sub-licensees may receive payments and commissions from advertising campaigns, licensing agreements regarding Provided Content, and other forms of commerce on this Website, in Our Services, or System. However, with regard to any third party advertisement, claim, representation, or website, We make no guarantees about the accuracy, currency, content, or quality of the information provided by such third party websites or content, and We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on any third party websites. Similarly, from time to time in connection with Your use of this Website, You may have access to content items (including, but not limited to, websites) that are owned by third-parties. You acknowledge and agree that We make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of such third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern Your use of any and all third party content.
P. Copyright & Trademark Licensing and Limitations on Use. Registered Information Content Providers, Advertisers, or other third-parties own the copyright to the Provided Content published on this Website or in Our System, including, without limitation, text, images, and videos, subject to irrevocable worldwide licensing in perpetuity to Us, Our Affiliates, Licensees, and Sub-licensees. The design, images, and content of this Website and Our System are protected by United States and international laws, including, without limitation, copyright laws, intellectual property laws, and treaties. The trademarks, service marks and logos used and displayed on the Website, Our Services, or Our System belong to Us or others. Nothing on this Website, from Our Services, or in Our System should be construed as granting You, by implication, estoppel or otherwise, any license or right to use any trademark or service mark displayed on this Website, or copyrighted work in part or whole, without the prior written permission of the trademark, service mark or copyright owner, as appropriate. Except for the limited rights licensed to You hereunder, We reserve all of Our rights to this Website, Our Services and System, their design and content. By using this Website, Our Services or System you agree not to reproduce, retransmit, redistribute, disseminate, sell, publish, broadcast, print or circulate any of the Content of this Website or Our System to anyone unless expressly agreed to or approved by Us. You also agree not to access or download databases or information associated with the Website, Our Service, or System by unauthorized electronic means (i.e. hacking or automated scripts).
Q. Copyright Notice. All content of this Website are either licensed to us by the owners of such content or are owned by Us or our Affiliates. Copyright © 2015, Interactive Periodicals, LLC. All rights reserved.
R. Conflict with other Terms of Use or Agreements. In the event that these Terms of Use conflict with the terms of use, agreements, requirements, or policies on other websites or components of Our System or Our Services, the most recent terms of use, agreements, requirements, or policies that are adopted or implemented shall control. You shall be responsible for reviewing in advance and from time to time the terms of use, agreements, requirements, or policies provided for your review in any component of Our Services or System used by You.
S. Licensing Agreements with Third-parties; Waiver of Claims. This Website’s domain name and certain other domain names used by Us or by Our Affiliates under common Control with Us within Our System and for certain of Our Services, and certain other intellectual property rights used by Us or by Our Affiliates in providing this Website, Our System, and Our Services to Unregistered Visitors, Registered Information Content Providers and associated authors, Advertisers, and others, are used by Us subject to certain licensing and other agreements, the continuation or termination of which may be outside Our control. Notwithstanding any other terms, promises, or provisions in these Terms of Use, in Our System or Our Services, You agree to waive all present and future claims or causes of action against Us and Our Affiliates, for any liability, claim, cause, or damages resulting from any current or future change, modification, or discontinuation in this Website, Our System, or Our Services, and for any reason whatsoever resulting from the change, termination, or discontinuation of any rights or agreements used by Us for this Website, our System, or Our Services, and regardless of whether such rights are granted to Us by one or more third-parties or by Our Affiliates, even if such Affiliates are under common control with Us, whether in part or whole.
T. Indemnification. You hereby agree to indemnify, defend, and hold Us, Our Affiliates, and Our and their officers, directors, members, managers, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms of Use or other violation of law. You shall use your best efforts to cooperate with Us and Our Affiliates in the defense of any claim. We and Our Affiliates reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
U. Intellectual Property. This Website, Our Services, Our System, and Advertisements, including, without limitation, the software programs and Provided Content used by the same are properties belonging to Us, Registered Information Content Providers, and Advertisers and are protected by United States, International, and state trademark and other intellectual property laws, as well as by United States and International copyright laws. You represent and warrant that You will not infringe upon or use such protected properties without permission of the respective owners.
V. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND OUR AND THEIR, DIRECTORS, MEMBERS, MANAGERS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR NEGLIGENCE, OMISSION, LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT, EQUITY, OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE DATA, INFORMATION, IMAGES, OR FUNCTIONS AVAILABLE THROUGH THIS WEBSITE, OUR SYSTEM, OR OUR SYSTEM EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR ITS CONTENTS, OUR SYSTEM, OR OUR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, OUR SYSTEM, AND SERVICES AND, WITHOUT LIMITING THE FOREGOING, TO RECEIVE A REFUND FOR ANY UNUSED PORTION OF THOSE SERVICES MOST RECENTLY ORDERED BY YOU AND IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EQUITY, OR OTHERWISE] EXCEED THE AMOUNT PAID BY YOU TO US FOR USE OF, AND ACCESS TO, THIS WEBSITE, OUR SYSTEM, OR SERVICES FOR YOUR MOST RECENT ORDER, IF ANY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
W. Modification to Terms and Conditions without Prior Notice. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME AND WITHOUT ADVANCED NOTICE TO YOU. PLEASE PERIODICALLY CHECK THE TERMS OF USE ON THIS WEBSITE OR ON ANY COMPONENT OF OUR SYSTEM AND SERVICES USED BY YOU FOR CHANGES. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES. WE WILL POST A NOTICE ON THIS WEBSITE AND/OR ON THIS PAGE FOR UP TO 12 MONTHS AFTER ANY OF THESE TERMS OF USE HAVE BEEN CHANGED OR OTHERWISE UPDATED. CHANGES MADE TO OTHER TERMS OR POLICIES OF OUR SYSTEM, AND/OR OUR SERVICES MAY BE POSTED BY US ON OTHER WEBSITES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE AND THE TERMS OF USE AND POLICIES OF OTHER OR SPECIFIC COMPONENTS OF OUR SYSTEM AND SERVICES OR THOSE OF OUR AFFILIATES (AS APPROPRIATE) PERIODICALLY, AND IF AT ANY TIME YOU FIND THESE TERMS OF USE OR THE TERMS OF USE AND POLICIES OF OTHER COMPONENTS OF OUR SYSTEM OR SERVICES OR OF OUR AFFILIATES UNACCEPTABLE, YOU MUST IMMEDIATELY CEASE ALL USE OF THIS WEBSITE, OUR SYSTEM, AND OUR SERVICES.
X. Non-disparagement. You shall not make any communication that is intended or reasonably understood to disparage, criticize, condemn or impugn the personal, professional or business reputation of the Site, Service, the name VeriShow, or HBRLABS, its employees, agents, and assigns, including, without limitation, any communication that could be interpreted as impairing the quality of the Service, whether orally or in writing, or by any other manner whatsoever to any person or entity.
Y. Severability. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Z. Termination. Your right to use of Our Services will be terminated in the event of default under these Terms of Use. Subscription periods run as expressly indicated at the time of Your Subscription. We have no obligations whatsoever to maintain this Website or provide support to You or any other party that is not a paid Subscriber. The rights of non-paid Subscribers to use this Website may be changed or terminated by Us at any time and without notice.
AA. Choice of Law. These Terms of Use, and any dispute arising from the relationship between You and Us, shall be governed by and construed in accordance with the laws of the State of South Carolina of the United States, without giving effect to any principles of conflicts of law.
BB. Attorney Fees Provision. In any litigation, arbitration, or other proceeding by which We, Our Subsidiaries, Affiliates, Licensees, Sub-licensees, and/or Our or their successors or assigns seek to enforce Our and/or their rights under these Terms of Use (whether in contract, tort, or both) or seek a declaration of any rights or obligations under these Terms of Use, We and/or they shall be awarded Our or their reasonable attorney fees, and costs and expenses incurred, as applicable.
CC. Modification of Terms of Use. In addition to and apart from the rights we reserve with regard to Our unilateral modifications of these Terms of Use, Our System, and Our Services, these Terms of Use may be supplemented, amended, or modified by written mutual agreement between Us and individual parties; PROVIDED that no such supplement, amendment, or modification of these Terms of Use shall be binding unless in a writing and expressly agreed to by Us and such specific party or parties.
DD. Entire Agreement. These Terms of Use and all agreements, terms, policies, exhibits, and schedules referred to herein constitute the final, complete, and exclusive statement of the terms of the relationship between the parties pertaining to the subject matter of these Terms of Use and supersede all prior and contemporaneous understandings or agreements of the parties. These Terms of Use may not be contradicted by evidence of any prior or contemporaneous statements or agreements unless in a writing signed by Us. No party has been induced to enter into these Terms of Use by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in these Terms of Use and all agreements, exhibits, and schedules referred to herein.
EE. Severability of Agreement. If any term or provision of these Terms of Use is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from these Terms of Use, and such provision shall not affect the legality, enforceability, or validity of the remainder of these Terms of Use. If any provision or part thereof of these Terms of Use is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
FF. Waiver. No waiver by Us of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Use shall be effective unless it is in writing and signed by Us waiving the breach, failure, right, or remedy, nor shall any such waiver by Us constitute a continuing waiver unless the writing so specifies.
GG. Headings. The headings in these Terms of Use are included for convenience only and shall neither affect the construction or interpretation of any provision in these Terms of Use nor affect any of the rights or obligations of the parties to these Terms of Use.
HH. Construction. Whenever the singular number is used herein, the same shall include the plural; and the neuter, masculine and feminine genders shall include each other. If any language is stricken or deleted from these Terms of Use, such language shall be deemed never to have appeared herein, if such change appears specifically acknowledged by Us in writing, and no other implication shall be drawn therefrom. The language in all parts of these Terms of Use shall be in all cases construed according to its fair meaning.
II. Consent to Jurisdiction and Forum Selection. The parties hereto agree that all actions or proceedings arising in connection with these Terms of Use shall be tried and litigated exclusively in the State and Federal courts located in the County of Richland, State of South Carolina. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of these Terms of Use in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Richland, State of South Carolina shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in these Terms of Use. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. Users directly or indirectly accessing this Website from outside the United States also agree to comply with all applicable domestic and international laws and regulations and all laws and regulations of the United States, in addition to these Terms of Use.
JJ. Jury Trial Waivers. To the fullest extent permitted by law, You waive any right to trial by jury in any action, suit, proceeding, or counterclaim of any kind arising out of or relating to these Terms of Use.
KK. Representation on Authority. You represent and warrant that You are duly authorized and have legal capacity to be bound by these Terms of Use. You represent and warrant that the performance of Your obligations under these Terms of Use have been duly authorized and that these Terms of Use are binding on such party and enforceable in accordance with its terms.
LL. Force Majeure. No party shall be liable for any failure to perform its obligations in connection with any action described in these Terms of Use, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, government intervention or confiscation of assets, or other cause not under such party’s control (including, without limitation, any server, network, Internet, electronic, or communications failure).
MM. Assignment. We shall have the right to assign or transfer all or any part of Our rights, duties, and other interests in Your Subscription and Account (if any) or in any of the proceeds thereof (collectively, “Assignment’), to any subsidiary, parent, successor, affiliated company, or any other party without Your consent or prior notice.