TERMS AND CONDITIONS OF USE / USER AGREEMENT
Last Revised: March 25, 2012
YOUR ACCESS AND USE OF JURIFY.COM AND THE ASSOCIATED SERVICES ARE CONDITIONED ON AND SUBJECT IN ALL RESPECTS TO YOUR ACCEPTANCE OF THIS USER AGREEMENT (THIS "AGREEMENT"). BY ACCESSING OR USING JURIFY.COM, OR ANY OF ITS ASSOCIATED SERVICES, YOU UNCONDITIONALLY AND IRREVOCABLY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT IN FULL BEFORE USING JURIFY.COM.
This website, www.Jurify.com, and all web pages and content accessible through it ("Jurify.com"), is made available to you by Jurify, LLC, a Texas limited liability company (the "Company," "we" or "us"). This Agreement is made between you (the "User" or "you") and the Company and applies exclusively to your access to, and use of, Jurify.com and the services provided therein or associated therewith (the "Services"). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us, our subsidiaries or our other affiliates, for products, services or otherwise. If you are accessing and using Jurify.com on behalf of any other person, group or entity, you represent and warrant that you have all necessary authority to enter into this Agreement on behalf of such other person, group or entity. If at any time you do not agree to be bound by the terms and conditions of this Agreement, then you must cease using Jurify.com and all Services immediately, provided that your previous use of Jurify.com and any Services will continue to be governed by the terms and conditions set forth herein.
1.1 Grant. User is granted a non-exclusive, non-transferable, revocable limited license to access and use Jurify.com on any one or more computers, PDAs or smartphones for your individual use. The Company may terminate this license without notice at any time and for any, or no, reason. User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use Jurify.com, or any portion thereof, or any Services, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with the Company's prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.§107).
1.2 Intellectual Property Rights. Unless otherwise explicitly noted, all elements of Jurify.com, including text, articles, logos, trademarks, graphics and overall "look and feel" are the sole and exclusive property of the Company. Nothing in this Agreement will be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future, except as expressly provided elsewhere in this Agreement. User acknowledges that Jurify.com is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
2. Registration. Certain sections of Jurify.com require registration to access and use information and Services. If you elect to register, you will provide us with accurate and complete registration information and promptly inform us of any material changes. At registration, you will be asked to select a username and password. We may refuse to grant you any particular username in our sole discretion, or we may disable any previously selected username if we subsequently determine that it violates this Agreement or for any other reason. You hereby represent and warrant that registration is for a single individual only, and that you will not permit anyone other than User to access and use sections of Jurify.com under your username and password. You agree not to transfer, license or resell your use of or access to Jurify.com or any of the Services to any third party. In addition, you will not access or use Jurify.com or any of the Services under the username of another individual. If you have reason to believe that your account is no longer secure, you will promptly change your password and immediately notify us of the problem by email at the following address: firstname.lastname@example.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Use of Materials. The Services and other information and materials provided through Jurify.com, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the "Materials"), are intended to educate and inform. With the exception of Materials already in the public domain or not eligible for copyright protection (e.g., state and federal court opinions, state and federal statutes and any work of the United States government), all Materials provided through Jurify.com are protected by copyright and are owned or controlled by the copyright holder, who or which may be identified in a copyright notice contained in the Materials. You will abide by any and all copyright notices, information or restrictions contained in any Materials. Unless otherwise specified through Jurify.com, you may download or copy Materials, and may use the downloaded Material subject to the terms of this Agreement; provided that you must retain any copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. You may not download, copy or use any of the Materials, except as expressly authorized by this Agreement, and, in any event, you may not distribute, modify, transmit or publicly display the Materials without prior written permission from the applicable copyright holder. Further, to the extent the Materials are the subject matter of copyright protection, the Materials remain the property of the applicable copyright owner. Nothing in the foregoing will be construed to limit your rights to the fair use of Materials in accordance with U.S. copyright law and other applicable law.
4. User Contributions - Grant of License. By publishing, uploading, submitting, contributing, linking to, distributing, providing, posting or inputting ("Contributing") any messages, data, information, text, graphics, links or other materials or information to Jurify.com, including messages posted to our discussion boards, uploaded precedents, questions, comments, answers, ratings, presentations, documents, training materials, articles, blog entries, news, summaries, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials and information published on user profile pages (collectively, the "Contributions"), you:
(i) automatically grant to us a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use to use the Contributions with the operation of our businesses including the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Contributions, and incorporate Contributions into any medium or technology, now known or later developed;
(ii) acknowledge and agree that Contributions are non-confidential and do not contain or reflect any attorney-client privileged information; and
(iii) warrant and represent that you own or otherwise possess all of the rights necessary for you to Contribute the Contributions to Jurify.com and for the Contributions to be used as intended on Jurify.com or as part of the Services.
5. Lawful Use Only. While accessing Jurify.com, you will not: (i) abuse, harass, threaten, impersonate or intimidate any person or entity, including another user; (ii) Contribute any Contribution that is libelous, defamatory, harassing, bullying, racist, obscene, pornographic, sexually suggestive, appeals to a prurient interest, abusive, violent, homophobic, intolerant, deliberately offensive or would constitute or encourage a criminal offense; (iii) Contribute any Contribution that otherwise violates any right of any third party, including any material, non-public information about publicly-traded companies without the authorization to do so or any information that is restricted from disclosure by an agreement protecting confidentiality; (iv) Contribute any Contribution that contains any corrupted data or malicious code that may alter or impair the appearance or functionality of Jurify.com; (v) send any unsolicited commercial email, junk mail or commercial offers ("Spam") or in any way contribute to or facilitate the sending of Spam; (vi) harvest or collect information about other users without their express consent; (vii) remove any copyright, trademark or other proprietary rights notices contained in Jurify.com or any Materials; (viii) access or attempt to access, without authorization, any computer system involved in the provision of Jurify.com, including through use of a robot, spider, scraper or other automatic means, or by bypassing any measure used by the Company to restrict access to Jurify.com; (ix) interfere or attempt to interfere with the operation of any website, computer or computer system, including Jurify.com and the computers involved in the provision of Jurify.com and the Services; (x) Contribute any Contribution that contains attorney-client privileged information or the Contribution of which otherwise violates the attorney-client privilege of another person or entity; or (xi) Contribute the same Contribution multiple times.
6. No Duty to Monitor. We have no obligation to monitor Jurify.com for violations of this Agreement, or for other illegal or improper conduct. However, we may elect in our discretion to do so and may disclose information regarding use of Jurify.com for any reason, including without limitation: to comply with any laws, regulations, or governmental, legal or law-enforcement orders, processes or requests; to operate Jurify.com and provide the Services properly; and to protect the Company, its business and users of Jurify.com and the Services. We may grant law enforcement agencies access to user accounts and other information. By using Jurify.com, you acknowledge and agree that we are under no obligation to monitor, edit or remove any Contributions, except as may be otherwise expressly set forth herein or as required by applicable law.
8. Information on Jurify.com. We do not select, screen, approve, endorse or limit who can Contribute Contributions with respect to the law and other subjects, including any responses to legal questions posted on Jurify.com, our wiki pages, our tag glossary and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively, "Legal Information") on Jurify.com or reflected in the Services. Designation as an "Expert" or other designations of achievements or quality on Jurify.com or reflected in the Services are based on a user's Contributions, other users' ratings of those Contributions and the general professional profile information submitted by a user and does not reflect any endorsement or approval by the Company, guaranty any level of performance or otherwise impose any responsibility on us for the conduct of the applicable user. Similarly, designation of a user as "Jurify Certified" or words to that effect (i) solely reflects that the designated user's name appears in the list of attorneys admitted to practice law in at least one jurisdiction and that we have not identified any information in the designated attorney's background that is, in our opinion, concerning and (ii) does not reflect any endorsement or approval by the Company, guaranty any level of performance or otherwise impose any responsibility on us for the conduct of such user. In addition, although we reserve the right to screen, monitor, review, remove or edit any Legal Information or other content on or from Jurify.com, we do not routinely do so. As a result, we have no control over and we do not warrant or guaranty the accuracy, adequacy, applicability, completeness, currency or quality of any Legal Information or the qualifications of those Contributing Legal Information. THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH JURIFY.COM OR THE SERVICES, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR RISK.
9. Third Party Content. Third party content, messages and services may appear on Jurify.com or be accessible through Jurify.com. We are not responsible, and assume no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or violations of law in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from Jurify.com or the Services. Similarly, we are not responsible, and assume no liability, for any actions or omissions of any third party to whom or which you are introduced or directed, or whose website, content or actions are made accessible through, Jurify.com or the Services. You acknowledge that none of such third party actions, omissions, websites or content is endorsed or controlled by, or reflective of the beliefs of, the Company.
10. Third Party Services. Jurify.com may also contain, provide information regarding or link to certain applications and services provided or offered by third parties ("Third Party Services"), including information related to professional services. We are merely an information platform provider and are not a referral service, and we do not recommend or endorse any such Third Party Services or monitor or have any control over such Third Party Services. Therefore, we make and provide no guaranty, representation or warranty of any kind as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third Party Services or the results obtained therefrom, and we assume no responsibility or liability for any Third Party Services or the actions or failure to act of those providing such Third Party Services.
11. No Attorney-Client Relationship and Confidentiality. You acknowledge that information and Materials posted or made available through Jurify.com, including Legal Information, is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information and Materials are intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. Such information and Materials are not a substitute for in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information and Materials. You understand that questions and answers or other Contributions to Jurify.com are not confidential and are not subject to attorney-client privilege.
12. User Attorney Ethics and Practice of Law. If you are an attorney participating in any aspect of Jurify.com, you acknowledge that the rules or codes of professional conduct or analogous rules governing the practice of law ("Rules") of the jurisdictions in which you are licensed apply to all aspects of your participation and that you will abide by such Rules, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising and other matters. We disclaim all responsibility for your compliance with such Rules. You represent and warrant that your activities on Jurify.com will be used to provide general information only, and not the provision of legal advice or the practice of law.
13. Copyright Complaints / Digital Millennium Copyright Act. Pursuant to 17 U.S.C. §520(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Nicole Lopez, 404 Running Bear Court, Euless, Texas 76039, 214-295-6001, email@example.com. ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.
14. Protection of Minors. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you 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. Information identifying current providers of such protections is available on the Internet by searching for "parental control protection." Jurify.com or the Services are not intended for users under the age of 13, and the Company does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of Jurify.com for which registration is required; any information submitted by such users will not knowingly be used, posted, or retained by us.
15. Advertisers, Sponsors and Promotions. You acknowledge that Jurify.com may contain advertising, sponsorships and promotions from third parties. Advertisers, sponsors and promoters are solely responsible for ensuring that material submitted for use on Jurify.com or as part of the Services is accurate and complies with any and all applicable laws. We disclaim all responsibility for the illegality or any error or inaccuracy in advertisers', sponsors' or promoters' materials or for the acts or omissions of advertisers, sponsors or promoters.
16. DISCLAIMER OF WARRANTIES. JURIFY.COM AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. WE MAKE NO WARRANTY THAT ACCESS TO JURIFY.COM, ANY PORTION THEREOF OR THE SERVICES WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF JURIFY.COM OR THE SERVICES, INCLUDING BOTH OUR AND THIRD PARTY CONTENT, (B) THE ACCESS OR USE OF THIRD PARTY WEBSITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN JURIFY.COM, (C) THE UNAVAILABILITY OF JURIFY.COM, ANY PORTION THEREOF OR THE SERVICES, OR (D) YOUR USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF JURIFY.COM OR THE SERVICES.
17. LIMITATION OF LIABILITY. YOUR EXCLUSIVE REMEDY AND OUR, OUR AFFILIATES' AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF JURIFY.COM OR THE SERVICES THAT ARE MADE AGAINST ANY OF THE FOREGOING, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY YOU RELATIVE TO THE SPECIFIC JURIFY.COM OR SERVICES FEATURE THAT IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT WILL WE, OUR AFFLIATES OR OUR CONTRIBUTORS BE LIABLE TO YOU FOR ANY CLAIM RELATING IN ANY WAY TO (A) YOUR INABILITY OR FAILURE TO USE JURIFY.COM OR ANY SERVICES PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY THE COMPANY, OUR AFFILIATES OR OUR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION, MATERIALS OR SERVICES DELIVERED BY OR THROUGH JURIFY.COM OR THE SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE, JURIFY.COM OR THE SERVICES, EVEN IF WE, OUR AFFILIATES OR OUR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. WE WILL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
18. Indemnification. You agree to defend, indemnify and hold us, our affiliates and our respective contractors, suppliers, directors, officers, employees, equityholders and agents harmless from any and all claims, costs, damages, judgments and liabilities (including without limitation attorneys' fees) made by any third party and arising from, relating to or associated with any Contributions you Contribute, your violation of the terms and condition of this Agreement, or the violation of the intellectual property rights of any third party.
19. User Disputes. You are solely responsible for your interactions with other Jurify.com users. We retain the right, but expressly disclaim any obligation, to become involved in any dispute between you and any other users of Jurify.com.
20. Suspension and Termination
20.1 This Agreement will remain effective until terminated in accordance with its terms. Notwithstanding the foregoing, we may suspend your use of Jurify.com or the Services, irrespective of the level of membership or subscription you may have, if we suspect you have breached this Agreement. Such suspension may continue so long as we suspect the breach in question, and we will have no liability to you for such suspension, including liability to refund any fees for memberships or subscriptions.
20.2 We may terminate your account for convenience, in our sole discretion, or for breach of this Agreement. Such termination rights apply to all accounts. If we terminate for convenience, we will refund a pro-rata portion of fees prepaid for any paid membership or subscription, if any, corresponding to the period during which such prepaid membership or subscription was not provided.
20.3 When this Agreement comes to an end, all of the legal rights, obligations and liabilities that User and the Company have benefited from, been subject to (or which have accrued over time while the Agreement has been in force) or which are expressed to continue indefinitely, will survive termination, and the provisions of this Agreement will continue to apply to such rights, obligations and liabilities indefinitely.
21. Fees and Payments. The Company or third parties may charge you fees for products or services offered for sale through Jurify.com, and/or for access to portions of Jurify.com or Jurify.com as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through Jurify.com by Company or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). The Company reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you. If you submit your credit, debit or charge card information to the Company upon registration or otherwise, you give the Company permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to the Company for any reason, including charge back, the Company reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
24. Force Majeure. Our performance under this Agreement is subject to interruption and delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
25. Governing Law and Dispute Resolution. This Agreement, and all disputes and proceedings associated herewith, will be governed by and construed under the law of the state of Texas, U.S.A. without regard to conflicts of law provisions that would apply any other law. The parties hereto agree that the state and federal courts sitting in Dallas, Texas will have exclusive jurisdiction over any claim arising out of this Agreement, and each party hereby consents to the exclusive jurisdiction of such courts.
26. Miscellaneous Provisions. No rights or obligations under this Agreement may be assigned, sublicensed or otherwise transferred by User without the Company's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. Whenever the words "include," "includes" or "including" are used in this Agreement, they are deemed to be followed by the words "without limitation". The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. The use of "or" is not intended to be exclusive unless expressly indicated otherwise.