This
website is provided by CompuLaw for the purposes of providing
you with access to a variety of resources
and services (collectively, the “Services”) and
software (“Software”). By accessing and browsing
this website, you signify your acceptance of the following
the terms and conditions, including but not limited to the
privacy policy set forth above, without limitation or qualification
(the “Agreement”); PROVIDED, HOWEVER, IF YOU ARE
A PARTY TO A SOFTWARE PRODUCT LIMITED WARRANTY AND LICENSE
AGREEMENT (A “LICENSE AGREEMENT”) WITH COMPULAW,
THE TERMS OF THAT LICENSE AGREEMENT SHALL GOVERN AND SUPERCEDE
THE TERMS OF YOUR USE OF THIS WEBSITE, EXCEPT TO THE EXTENT
THAT THE TERMS SET FORTH HEREIN GOVERN MATTERS NOT SPECIFICALLY
GOVERNED BY TERMS SET FORTH IN THE LICENSE AGREEMENT.
If you do not agree to abide by the terms of this Agreement
or the License Agreement, as the case may be, then we ask that
you do not use this website.
CompuLaw may revise this Agreement at any time by updating
this posting. All versions of this Agreement are dated with
the Effective Date (the date on which the version was posted
to this website). Any use by you of the website after any such
revisions are posted shall be deemed to constitute acceptance
by you of such changes, and you should therefore periodically
visit this page to review the then-current Agreement to which
you are bound.
COMPULAW MAY TERMINATE, CHANGE, SUSPEND OR DISCONTINUE ANY
ASPECT OF THIS WEBSITE, INCLUDING THE AVAILABILITY OF ANY FEATURES,
AT ANY TIME. COMPULAW MAY ALSO IMPOSE LIMITS ON FEATURES AND
SERVICES OFFERED ON THE SITE, OR RESTRICT YOUR ACCESS TO ALL
OR ANY PORTION OF THE WEBSITE, WITHOUT NOTICE OR LIABILITY.
COMPULAW MAY TERMINATE ANY RIGHTS GRANTED PURSUANT TO THIS
AGREEMENT AT ANY TIME, WHICH RIGHT SHALL INCLUDE THE RIGHT
TO CREDIT YOUR CHARGE CARD FOR ANY FEES COLLECTED AND TO TERMINATE
ANY LICENSE GRANTED TO YOU HEREUNDER, AND UPON SUCH TERMINATION,
YOU SHALL IMMEDIATELY CEASE TO USE AND DESTROY ALL MATERIALS
FROM THIS WEBSITE IN YOUR POSSESSION.
1. USERNAMES AND PASSWORDS: From time to time, certain portions
of this website will be accessible only after you have been
issued a username and password, or a similar unique identifier.
If we require you to open an account, you must complete the
registration process by providing us with current, complete
and accurate information as prompted by the applicable registration
form. You are solely responsible for ensuring that any use
of this website by means of any username and password issued
to you complies fully with the provisions of this Agreement.
You are also solely responsible for protecting the confidentiality
of any such username(s) and password(s). You agree to notify
CompuLaw immediately of any unauthorized use of your account
or any other breach of security. CompuLaw will not be liable
for any losses or damages that you may incur as a result of
someone else using your username and password, whether with
or without your knowledge. In addition, you could be held liable
for losses incurred by CompuLaw or a third party due to someone
else using your username and password.
2. CONDUCT ON SITE:
Subject to the terms and conditions set forth in this Agreement,
CompuLaw grants you a non-exclusive,
non-transferable, revocable, limited right to access, use and
display this website and the information, materials, designs,
text and images hereon (collectively, “Site Materials”).
You may view and download the Site Materials only for non-commercial,
personal use, or for your use in conducting business directly
with CompuLaw, provided that you do not delete or change any
copyright, trademark or other proprietary notices contained
in or on any of the Site Materials. Except as otherwise provided
in this Agreement, you may not modify, publish, distribute,
transmit, re-use, participate in the transfer or sale of, create
derivative works from, or in any way otherwise exploit any
Site Materials for any public or commercial purposes whatsoever
without the express permission of CompuLaw and, if applicable,
the copyright owner of such Site Materials. Unauthorized use
of any of the Site Materials is strictly prohibited and is
a violation of the rights of CompuLaw and/or third parties,
including under copyright laws, trademark laws, and laws relating
to publicity and privacy. You hereby acknowledge and agree
that you will not acquire any rights, title or interest in
or to any Site Materials by your use of the Site or by viewing
or downloading any such Site Materials.
3. INFORMATION PROVIDED BY YOU: From time to time, this website
may include features whereby you will be asked or permitted
to transmit information to the website. You hereby agree that
you will not upload, post or otherwise make available on the
website any materials or information protected by copyright,
trademark or other proprietary rights without the express permission
of the owner of such rights, and the burden of determining
that any such materials or information is not protected by
any such rights rests solely with you. You will be solely liable
for any losses or damages resulting from any infringement of
copyrights, proprietary rights, rights relating to privileged
or confidential information, or any other harm resulting from
such a submission. By submitting any materials or information
to this website, you automatically grant, or warrant that the
owner of such material has expressly granted, CompuLaw a royalty-free,
perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, display, transmit and
distribute such materials or information, in whole or in part,
worldwide and/or to incorporate it in other works in any form,
media or technology. You further acknowledge and agree that
CompuLaw is free to use any ideas, concepts or know-how that
you or individuals acting on your behalf provide to CompuLaw.
You hereby acknowledge
and agree and that you are prohibited from posting or transmitting
any information or materials to
CompuLaw that is defamatory, threatening, obscene, harassing
or otherwise unlawful. You shall not post or transmit through
the Site any material which violates or infringes in any way
upon the rights of others, whether proprietary or otherwise,
which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, which encourages conduct that
would constitute a criminal offense, give rise to civil liability
or otherwise violate any law. You also acknowledge and agree
that you shall not access or use this Website in any manner
which, in CompuLaw’s sole discretion, restricts or inhibits
any other person from using or enjoying the website, or which
could damage, disable, impair or overburden the website in
any way. You shall not attempt to gain unauthorized access
to (i) any account of any other user of this website, (ii)
any computer systems or networks connected to this website,
or (iii) any materials or information not intentionally made
available by CompuLaw to you through the website by means of
hacking, password mining or any other method whatsoever.
4. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE.
Any Software that is made available to download from this website
is the copyrighted work of CompuLaw and/or its suppliers. Use
of the Software is governed by the License Agreement. You will
not be permitted to download any software unless you first
agree to the terms of the License Agreement. Any use, reproduction
or redistribution of any Software downloaded from this website
not in accordance with the License Agreement is strictly prohibited,
and violators will be prosecuted to the maximum extent possible.
Furthermore, the Software is warranted, if at all, only according
to the terms of the License Agreement, and except as expressly
set forth in the License Agreement, CompuLaw hereby disclaims
all warranties and conditions with regard to the Software,
including all warranties and conditions, whether express, implied
or statutory, of merchantability, fitness for a particular
purpose, workmanlike effort, title and non-infringement. For
your convenience, CompuLaw may make available certain tools
or utilities for use or download. CompuLaw does not make, and
hereby expressly disclaims, any representations, warranties
or other assurances, whether express or implied, with regard
to the accuracy of the results that you may obtain from such
tools or utilities.
5. NOTICE SPECIFIC TO SERVICES AVAILABLE ON THIS WEBSITE. You
hereby acknowledge and agree that your use of this website and
any of the Services, Software and other Site Materials available
on this website are not intended to be, and do not constitute,
legal advice, and no attorney-client relationship is formed.
Furthermore, all information submitted to this website is subject
to the terms of our privacy policy, and except as otherwise provided
in that privacy policy, may not be treated as confidential. Your
use of this website, and any of the Services, Software or Site
Materials, is solely at your own risk.
6. LINKS TO OTHER WEBSITES.
This website may contain links to other sites not operated
by CompuLaw, and those sites may not
follow the same privacy policies as CompuLaw. Hyperlinks to other
sites are provide as a service to you and may not be sponsored
by, endorsed or otherwise affiliated with the CompuLaw website
or with the products and services of CompuLaw. CompuLaw has not
reviewed the sites linked to its website and is not responsible
for the content of any third party sites or links to any other
sites. Viewing all other sites is strictly at your own risk.
If you click on an advertisement on the CompuLaw website you
may be taken away from CompuLaw.com to an entirely different
website. This can include links from advertisers, content providers
and partners of CompuLaw who may use CompuLaw’s logo and
or style as a result of an agreement with CompuLaw. These sites
may send their own cookies, collect information,
and make use of it that CompuLaw would not. |
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7.
TRADEMARKS AND OTHER MATERIALS. CompuLaw’s website
contains many of the valuable trademarks, names, titles, logos,
images, designs, copyrights and other proprietary materials
(collectively “Trademarks”) owned and registered
by CompuLaw. The Trademarks displayed on the CompuLaw website
are the registered and unregistered Trademarks of CompuLaw.
Except as otherwise provided in this Agreement, nothing contained
on the website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark
displayed on the website, or any license or right to use any
other trademark owned by any other third party. In the event
that you misuse any Trademark in violation of this policy,
CompuLaw will aggressively enforce its intellectual property
rights to the fullest extent of the law, including the seeking
of criminal prosecutions. You should assume that all materials,
designs, text and images contained in the website are either
the copyrighted property of CompuLaw, unless otherwise noted,
or are the copyrighted property of third parties. CompuLaw
neither warrants nor represents that your use of any materials,
designs, text and images displayed on the website will not
infringe rights of third parties not owned by or affiliated
with CompuLaw.
8. CONTENT ACCURACY
AND ERRORS. This website is provided by CompuLaw on an “as-is” basis,
and CompuLaw makes no warranties or representations of any
kind that the website
will be uninterrupted or error-free, nor does CompuLaw make
any warranties or representations as to the accuracy, correctness,
reliability, or lack of viruses or otherwise with respect to
information available on the Website, and assumes no liability
or responsibility for any omissions or errors, (including,
without limitation, typographical errors and technical errors)
in or on this website, or with respect to any of the content,
Services, Software or Site Materials provided on this website.
9. LIABILITY DISCLAIMER. THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPULAW
WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY MADE TO THE COMPULAW WEBSITE AND TO THE INFORMATION
THEREIN. COMPULAW AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE WEBSITE AT ANY TIME. INFORMATION AND
SERVICES RECEIVED THROUGH THIS WEBSITE ARE PROVIDED FOR RESEARCH
AND REFERENCE USE ONLY. ANY INFORMATION RETRIEVED AS A RESULT
OF YOUR USE OF SUCH SERVICES IS NOT INTENDED TO AND DOES NOT
CONSTITUTE LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP
IS FORMED AS A RESULT OF YOUR USE OF THE INFORMATION OR SERVICES
AVAILABLE THROUGH THIS WEBSITE. ALSO, INFORMATION AND SERVICES
RECEIVED THROUGH THIS WEBSITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
COMPULAW AND ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS OR ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED WITHIN THE COMPULAW WEBSITE FOR ANY PURPOSE.
IN ADDITION, COMPULAW AND ITS SUPPLIERS MAKE NO REPRESENTATIONS
THAT THE SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE
THROUGH THIS WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL
COMPONENTS. ALL INFORMATION, SITE MATERIALS, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THIS WEBSITE
ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
COMPULAW AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE INFORMATION, SITE MATERIALS,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE
THROUGH THIS WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE
AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT COMPULAW
SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR
RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED
INTO THROUGH OR WITH COMPULAW. YOU SPECIFICALLY AGREE THAT
COMPULAW IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT
OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE
THAT COMPULAW IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING
AND/OR INCLUDED ON THE COMPULAW WEBSITE BY ANY THIRD PARTY.
IN NO EVENT SHALL COMPULAW AND/OR ITS SUPPLIERS AND BUSINESS
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS)
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE COMPULAW WEBSITE, WITH THE DELAY OR INABILITY TO USE
THE COMPULAW WEBSITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SITE
MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE COMPULAW WEBSITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE COMPULAW WEBSITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPULAW
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED ANY OF THESE POLICIES AND TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE COMPULAW WEBSITE.
10. USER WARRANTIES
AND INDEMNIFICATION. You hereby warrant the timeliness, accuracy
and completeness of the information
and materials that you deliver, send or submit to CompuLaw
arising out of or in any way connected with your use of this
website and your use of the materials, software, information
and services provided on this website. You agree that you shall
be solely liable for any and all claims or losses of any nature
(including reasonable attorneys’ fees) arising out of
or in any way connected with the use of such information and
materials by CompuLaw or occasioned thereby. You hereby agree
to defend, indemnify and hold harmless CompuLaw and its employees,
agents, officers, directors and other affiliates, from and
against all claims and expenses, including reasonable attorneys’ fees,
arising out of your use of this website or your account, or
from any breach of any term or condition of this Agreement,
or any inaccuracy or omission of any representation or warranty
by you set forth in this Agreement or the License Agreement,
as the case may be.
11. INTERNATIONAL USERS: The CompuLaw Website is controlled,
operated and administered by CompuLaw solely within the United
States. Certain of the materials, software, information and
services available on or through this website are designed
for use solely in the United States, whereas certain other
materials, software, information and services available on
this website are appropriate or available for use solely in
Canada. CompuLaw makes no representations or warranties that
such materials, software, information or services are appropriate
or available for use in locations outside of the country for
which their use is intended, and access to them from territories
where their contents are illegal is prohibited. You are prohibited
from using this website or exporting any materials, software,
products or services available on or through this website in
violation of U. S. laws and regulations, Canadian laws and
regulations and any other applicable laws and regulations.
If you access this site from a location outside of the United
States (or, in the case of materials, software, information
or services for use solely in Canada, from a location outside
of Canada), you are responsible for compliance with all local
laws.
10. MISCELLANEOUS.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California,
without giving effect to its conflict of laws provisions. The
federal and state courts located in the County of Los Angeles,
in the State of California, shall have exclusive jurisdiction
and venue with respect to all actions, claims and proceedings
arising out of or relating to this Agreement, or its enforcement.
You hereby waive any right to commence, defend, or prosecute
any claim, action or proceeding in any other venue or jurisdiction,
or to seek dismissal of any action, claim or proceeding in
the County of Los Angeles, in the State of California, on the
basis of improper venue, forum non-conveniens, in the interests
of justice, or otherwise. You further agree that, in addition
to any other rights or remedies, CompuLaw shall have the right
to bring an action to enforce the terms of this Agreement by
decree of specific performance without being required to prove
actual damages, post bond or furnish other security, and you
hereby agree to waive any and all defenses against any such
action for specific performance based on the grounds that there
is an adequate remedy for money damages available. In the event
that any portion of this Agreement is found to be invalid or
otherwise unenforceable, this Agreement shall be deemed amended
in order to achieve as closely as possible the same effect
as originally drafted. Any invalid or unenforceable provision
of this Agreement shall be construed as narrowly as possible
in order to give maximum effect to as much of this Agreement
as possible. No waiver by CompuLaw of any breach or default
hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein
are for convenience only and shall not be given any legal import.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF
USE AGREEMENT. COMPULAW RESERVES THE RIGHT TO CHANGE ITS TERMS
OF USE POLICIES AT ANY TIME BY POSTING A REVISED POLICY ONLINE.
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