YOUR USE
OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE
BOUND BY THESE TERMS AND CONDITIONS OF USE.
This Web
site, including all of its features and content (the “Web Site”) is a service made
available by Courtport, LLC (“Provider”) and all content, information, services
and software ordered or provided on or through this Web Site (“Content”) may be
used solely under the following terms and conditions (“Terms of Use”).
1. Web Site
Limited License. As a user of this Web Site you are granted a nonexclusive, nontransferable,
revocable, limited license to access and use this Web Site and Content in accordance
with these Terms of Use. Provider may terminate this license at any time for any
reason.
2. Limitations on Use. The Content on this Web Site is for your personal use only
and not for commercial exploitation. Notwithstanding the foregoing, to the extent
this Web Site provides electronic commerce, such buying opportunities may be made
available for group as well as personal purchasing, so long as you are authorized
to make purchases on behalf of such group. You may not use the Content to determine
a consumer's eligibility for: (a) credit or insurance for personal, family, or household
purposes; (b) employment; or (c) a government license or benefit. You may not decompile,
reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative
works from this Web Site or the Content. Nor may you use any network monitoring
or discovery software to determine the site architecture, or extract information
about usage, individual identities or users. You may not use any robot, spider,
other automatic software or device, or manual process to monitor or copy our Web
Site or the Content without Provider’s prior written permission. You may not copy,
modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit
or public purposes all or any portion of this Web Site, except to the extent permitted
above. You may not use or otherwise export or re-export this Web Site or any portion
thereof, or the Content in violation of the export control laws and regulations
of the
United States of
America. Any unauthorized use of this Web Site or its Content is prohibited.
3. Not Legal
Advice. Content is not intended to and does not constitute legal advice and no attorney-client
relationship is formed, nor is anything submitted to this Web Site treated as confidential.
The accuracy, completeness, adequacy or currency of the Content is not warranted
or guaranteed. Your use of Content on this Web Site or materials linked from this
Web Site is at your own risk.
4. Intellectual
Property Rights. Except as expressly provided in these Terms of Use, nothing contained
herein shall be construed as conferring any license or right, by implication, estoppel
or otherwise, under copyright or other intellectual property rights. You agree that
the Content and Web Site are protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. For further information see Copyright.
5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement.
Provider has registered an agent with the United States Copyright Office in accordance
with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself
of the protections under the Act. Provider reserves the right to remove any Content
that allegedly infringes another person's copyright. Provider will terminate, in
appropriate circumstances, subscribers and account holders of the Provider's system
or network who are repeat infringers of another person’s copyright. Notices to Provider
regarding any alleged copyright infringement should be directed to Courtport, LLC.
6. Linking
to this Web Site. You may provide links only to the homepage of this Web Site, provided
(a) you do not remove or obscure, by framing or otherwise, any portion of the homepage,
including its advertisements, the terms of use, the copyright notice, or other notices
on this Site, (b) you give Provider notice of such link by sending us email and
(c) you discontinue providing links to this Web Site if requested by Provider. If
you wish to provide links to a section within this Web Site, you should email your
request to Provider and Provider will notify you if permission is granted, and if
so the terms and conditions of the permission.
7. License
of Your Content to Provider. By uploading content to or submitting any materials
for use on this Web Site, you grant (or warrant that the owner of such rights has
expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive
right and license, with right to sublicense, to use, reproduce, modify, adapt, publish,
publicly perform, publicly display, digitally display and digitally perform, translate,
create derivative works from and distribute such materials or incorporate such materials
into any form, medium, or technology now known or later developed throughout the
universe. You agree that you shall have no recourse against Provider for any alleged
or actual infringement or misappropriation of any proprietary right in your communications
to us.
8. No Solicitation.
You shall not distribute on or through this Web Site any content or material containing
any advertising, promotion, solicitation for goods, services or funds or solicitation
for others to become members of any enterprise or organization without the express
written permission of the Provider. Notwithstanding the foregoing, in any interactive
areas of this Web Site, where appropriate you a) may list along with your name,
address and email address, your own web site’s URL and b) may recommend third party
Web sites, goods or services so long as you have no financial interest in and receive
no direct or indirect benefit from such recommended Web site, product or service
or its recommendation. In no event may any person or entity solicit anyone with
data retrieved from this Web Site.
9. Advertisers.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on this Web Site
is accurate and complies with applicable laws. Provider will not be responsible
for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials
or for the acts or omissions of advertisers and sponsors.
10. Registration.
Certain sections of this Web Site require you to register. If registration is requested,
you agree to provide Provider with accurate and complete registration information.
It is your responsibility to inform Provider of any changes to that information.
Each registration is for a single individual only, unless specifically designated
otherwise on the registration page. Provider does not permit a) anyone other than
you to use the sections requiring registration by using your name or password; or
b) access through a single name being made available to multiple users on a network
or otherwise. You are responsible for preventing such unauthorized use. If you believe
there has been unauthorized use, you must notify Provider immediately by email.
11. Postings
in interactive areas of the Web Site.
11.1. Postings
to be Lawful. If you participate in interactive areas on this Web Site, you shall
not post, publish, upload or distribute any messages, data, information, text, graphics,
links or other material (“Postings”) which is unlawful or abusive in any way, including
but not limited to any Postings that are defamatory, libelous, pornographic, obscene,
threatening, invasive of privacy or publicity rights, inclusive of hate speech,
or would constitute or encourage a criminal offense, violate the rights of any party,
or give rise to liability or violate any local, state, federal or international
law, or the regulations of the U.S. Securities and Exchange Commission, any rules
of any securities exchange such as the New York Stock Exchange, the American Stock
Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete
your Posting at any time for any reason without permission from you.
11.2. Postings
to be in Your Name. Your Postings shall be accompanied by your real name and shall
not be posted anonymously. Participants in interactive areas shall not misrepresent
their identity or their affiliation with any person or entity.
11.3. No
Monitoring of Postings. Provider has no obligation nor does it intend to edit, monitor
or screen Postings and is not responsible for the content in such Postings or any
content linked to or from such Postings. Notwithstanding the foregoing Provider
reserves the right to examine from time to time, some, all, or no interactive areas
for adherence to the Terms of Use and to remove any materials that may be objectionable
or violate the Terms of Use.
11.4. Non-Commercial
Use only of Interactive Areas. Any interactive area of this Web Site is provided
solely for your personal use. As a participant, you shall not include in your Posting(s)
or otherwise distribute on or through this Web Site any content or material containing
any advertising, promotion, solicitation for goods, services or funds or solicitation
for anyone to become members of any commercial enterprise or organization without
the express written permission of the Provider. Any unauthorized use of any interactive
area of this Web Site, its Content or Postings is expressly prohibited.
12. Errors
and Corrections. Provider does not represent or warrant that this Web Site or the
Content will be error-free, free of viruses or other harmful components, or that
defects will be corrected or that it will always be accessible. Provider does not
warrant or represent that the Content available on or through this Web Site will
be correct, accurate, timely, or otherwise reliable. Provider may make improvements
and/or changes to its features, functionality or Content at any time.
13. Third
Party Content. Third party content may appear on this Web Site or may be accessible
via links from this Web Site. Provider shall not be responsible for and assumes
no liability for any infringement, mistakes, misstatements of law, defamation, slander,
libel, omissions, falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content contained in any third party
content appearing on this Web Site. You understand that the information and opinions
in the third party content is neither endorsed by nor does it reflect the belief
of Provider.
14. Attorney
Ethics Notice. If you are an attorney participating in any aspect of this Web Site,
including but not limited to discussion forums and blog, you acknowledge that the
Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”)
apply to all aspects of your participation and that you will abide by these Rules.
These Rules include, but are not limited to, the rules relating to advertising,
solicitation of clients, unauthorized practice of law, and misrepresentations of
fact. Provider disclaims all responsibility for your compliance with these Rules.
You further agree and acknowledge that when you participate in any chat area on
this Web Site, including but not limited to the message boards, that you will not
offer legal advice, but will only provide general information.
15. DISCLAIMER.
THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY
FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING
OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND
THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL
ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY
ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS
IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT,
OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR
USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
16. LIMITATION
OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE
INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH
AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING
IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT.
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS
ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED
TO $100.00.
17. Indemnification.
You agree to indemnify, defend and hold harmless Provider, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers
to the Web Site from and against all claims, losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these Terms
of Use by you.
18. Third
Party Rights. The provisions of paragraphs 15 (Disclaimer), 16 (Limitation of Liability),
and 17 (Indemnification) are for the benefit of Provider and its officers, directors,
employees, agents, licensors, suppliers, and any third party information providers
to the Web Site. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
19. Unlawful
Activity. Provider reserves the right to investigate complaints or reported violations
of our Terms of Use and to take any action we deem appropriate including but not
limited to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or appropriate
to such persons or entities relating to user profiles, e-mail addresses, usage history,
posted materials, IP addresses and traffic information.
20. Remedies
for Violations. Provider reserves the right to seek all remedies available at law
and in equity for violations of these Terms of Use, including but not limited to
the right to block access from a particular Internet address to this Web Site and
any other Provider Web sites and their features.
21. Governing
Law and Jurisdiction. The Terms of Use are governed by and construed in accordance
with the laws of the State of New York and any action arising out of or relating
to these terms shall be filed only in state or federal courts located in New York
and you hereby consent and submit to the personal jurisdiction of such courts for
the purpose of litigating any such action.
22. Additional
Terms.
22.1. Privacy.
Your use of this Web Site is subject to Provider’s Privacy Policy.
22.2. Additional Terms for Courtport Services. Your use of the Courtport online services, case law, legal forms and other
related legal materials (“Courtport Services”) is also governed by the General Terms
and Conditions for Use of the Courtport Services, and if applicable the Courtport
Services Supplemental Terms for Specific Materials, (collectively the "CP Services
Terms") which are provided during the registration process for these Courtport Services,
all of which are incorporated by reference herein. Your completion of the Courtport
Services registration process constitutes your acceptance of the CP Services Terms.
If you do not agree with any CP Services Terms, you are not permitted to access
the Courtport Services.