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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.
License 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: admin@jurify.com. 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. 7.
Privacy Policy.
The Company's privacy policy ("Privacy Policy") is hereby incorporated
into this Agreement. The Privacy
Policy applies only to Jurify.com, the Services and the Company's own
conduct. We are not liable for the
infringement of privacy rights by any third party, including (i) any Company
customer or user or (ii) any customer or operator of any website linked to Jurify.com. 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, admin@jurify.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. 22.
Entire Agreement.
This Agreement, including the Privacy Policy, embodies the entire
understanding between User and the Company with respect to the subject matter
hereof, and supersedes any and all prior understandings and agreements, oral or
written, relating to the subject matter hereof. 23.
Modification of Agreement. We reserve the right to AMEND OR OTHERWISE modify
this Agreement, including the Privacy Policy, at any time and in our sole
discretion. Updated versions of this
Agreement will appear on Jurify.com and become the effective Agreement
immediately upon publication. User
is responsible for regularly reviewing the agreement as it may be amended at
any time or from time to time. Continued
use of Jurify.com or the services by User after any such modification of
this Agreement constitutes User's express and unconditional agreement to such
modifications. 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. |