1. General Restrictions
This Site is protected by copyrights, trademarks and other proprietary rights, and except as specifically provided in this Agreement, your use of the Site shall be governed and constrained by applicable copyright, trademark and other intellectual property laws, in addition to this Agreement. You specifically agree that we own all intellectual property rights in and to the content offered on the Site (regardless of whether those rights are registered).
Your access to and use of the information contained on the Site is also subject to the following additional restrictions:
- You may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the information contained on the Site, in whole or in part.
- You agree not to use or display the trademarks NickEubanks, Master Keyword Research, Traffic Think Tank, ADD Hero or any confusingly similar or dilutive words without our prior written consent.
- You may not restrict or inhibit the functionality or use of this Site or the use of this Site by any other visitor or subscriber, including, without limitation, by means of “hacking” or defacing any portion of the Site.
- You may not use the Site for any unlawful purpose or for any commercial purpose.
- As a subscriber to the Site, you may add Bookmarks and Annotations as needed for your own personal use and share these items with other subscribers to the Site who are members of your Group but you may not give, store or forward to others, in any form, any substantial portion of the information contained on the Site. Except as expressly provided by this Agreement, any use of the Site and its content is strictly prohibited without our written consent.
- While using the Site, you agree to comply with all applicable laws, rules and regulations.
2. Registration and Subscription
Although certain areas of the Site do not require you to be a subscriber to the Site, most areas do. By subscribing to the Site, you are granted a limited license to use the contents of the Site to assist in your practice and/or study of law. Your rights as a subscriber to the Site are personal and nonassignable. You may not allow or enable any other person to access the Site through you, or to use your user name and/or password to gain access to the Site. You will be responsible for the acts of omissions of anyone accessing the Site through you or by using your name and/or password, without limitation for any violation of this Agreement.
- You agree to provide true, accurate, current and complete information about yourself as requested by our registration form (including your email address);
- You agree to maintain and update your information (including your email address) to keep it true, accurate, current, and complete; and
- You agree to pay all charges incurred by your account at the price(s) in effect when such charges are incurred and to pay any applicable taxes relating to such purchases.
- You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You also acknowledge that verification of information may be required prior to our acceptance of any order and that the price and availability of any product or service are subject to change without notice.
Please note that you are responsible for maintaining the confidentiality of your username and password to the Site and, therefore, you are responsible for any and all purchases and other activities that are conducted through your account.
3. Other Content
The Site may include hyperlinks to other websites, content or resources. We may have no control over any websites, content or resources which are provided by third-party companies, organizations or persons, including but not limited to individual websites associated with The Harvard Law Review Association, the Columbia Law Review Association, Inc., The Yale Law Journal Company, Incorporated or the University of Pennsylvania Law Review. You acknowledge and agree that we are not responsible for the availability of any such external websites, content or resources, and that we do not endorse any advertising, products or other materials on or available from such websites, content or resources.
We, our affiliates, suppliers and agents expressly disclaim, to the fullest extent permissible under applicable law, all warranties, express or implied, including but not limited to implied warranties of title, merchantability, non-infringement or fitness for a particular purpose.
The Site is provided on an “as is” and “as available” basis, and we do not warrant the accuracy, completeness, authenticity or timeliness of any of the information available on the Site or the functionality, availability or operability of the Site at any given time. We and our affiliates, suppliers, and agents do not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site (or the server(s) on which it is hosted) is free of viruses or other harmful components.
No opinion, advice, or statement given by us or our affiliates, suppliers, agents, subscribers, or visitors shall create any warranty of any kind or nature whatsoever.
You acknowledge that you are responsible for obtaining and maintaining all equipment needed to access and use the Site, and for paying any and all charges related to such equipment.
If you believe that the Site includes inaccuracies or errors, please contact us at firstname.lastname@example.org
with, if possible, a description of the material in question and its location on the Site, as well as your contact information, and we will try to address your concerns as soon as reasonably practicable. You agree that we have full right to amend or correct the Site based upon any such inaccuracies and/or errors disclosed by you.
5. Limitation of Liability
Any reliance on or use by you of any information available on the Site will be entirely at your own risk. In no event will we or our suppliers, affiliates, or agents be liable to you or any other party for any direct, indirect, special, consequential, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site or any product or service purchased through the site. Your sole remedy for dissatisfaction with the Site is to stop using the Site.
You agree to indemnify, defend and hold us, our suppliers, affiliates, and agents (and our/their officers, directors, employees, agents and representatives) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your actual or alleged breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret, patent or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
The Site is solely directed to individuals residing in the United States. We control and operate the Site from within, without limitation, the Commonwealth of Pennsylvania, United States of America. We make no representation that materials in the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to, at our sole discretion, limit the availability of the Site and/or the provision of any service or other product described on or related to the Site in any manner, at any time, anywhere in the world (including without limitation the United States of America).
The provisions of this Agreement will continue to apply until they and/or this Agreement are/is terminated. If, at any time, we determine in good faith that you have violated this Agreement, we may terminate your access to the Site.
Upon termination of this Agreement, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site, all copies thereof, and all materials based thereon, whether made under the terms of this Agreement or otherwise. Regardless of the reason for termination, you will not be entitled to, nor will you receive, any refund of payment associated with becoming a subscriber, making purchases from or through the Site, or otherwise using the Site.
This Agreement and any legal action to enforce this Agreement shall be governed exclusively by the laws of the Commonwealth of Pennsylvania, without regard to the Commonwealth of Pennsylvania conflict or choice of laws principles. By using this Site you agree to be subject to the exclusive jurisdiction of the state and federal courts of The Commonwealth of Pennsylvania.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.