We (the folks at Legal Learning Development Network LLC) run this site and would love for you to use it. This site, blog, forum, content, and related services are designed to educate and entertain, and we encourage you to express yourself freely. However, be responsible and respectful in what you write. Being critical is fine, but rudeness and personal attacks are not. Make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content). Also, please respect the intellectual property rights of others.
Terms of Service
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any of its services. If these terms and conditions are considered an offer by LLDevNet, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Registration Obligations
In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LLDevNet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LLDevNet has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. Member Account, Password, and Security
You will create a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LLDevNet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LLDevNet cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
4. Responsibility of Contributors.
If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory, threatening, abusive, harassing, racially, ethnically or otherwise objectionable, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content will not harm minors in any way;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your comment’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by LLDevNet or otherwise.
Without limiting any of those representations or warranties, LLDevNet has the right (though not the obligation) to, in LLDevNet’s sole discretion (i) refuse or remove any content that, in LLDevNet’s reasonable opinion, violates any LLDevNet policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in LLDevNet’s sole discretion.
5. Responsibility of Website Visitors.
LLDevNet has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use, or effects. By operating the Website, LLDevNet does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. LLDevNet disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Interstate Nature of Communications
When you register, you acknowledge that in using LLDevNet’s services to send electronic communications you will be causing communications to be sent through LLDevNet’s computer networks, which are located in various locations in the United States, and portions of which may be located abroad. As a result, and also as a result of LLDevNet’s network architecture, business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where one is physically located at the time of transmission.
Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate and international data transmissions.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which legallearningnetwork.com links, and that link to legallearningnetwork.com. LLDevNet does not have any control over those non-legallearningnetwork.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-legallearningnetwork.com website or webpage, LLDevNet does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. LLDevNet disclaims any responsibility for any harm resulting from your use of non-fourhourworkweek.com websites and webpages.
9. Copyright Infringement and DMCA Policy.
As LLDevNet asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by legallearningnetwork.com violates your copyright, you are encouraged to notify LLDevNet in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. LLDevNet will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LLDevNet or others, LLDevNet may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, LLDevNet will have no obligation to provide a refund of any amounts previously paid to LLDevNet.
10. Corrections, Suggestions, and Complaints.
We welcome comments and suggestions, as well as complaints about errors, on the Website or in our content that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted through this form. Please complete and submit the form for a response, usually within 24 hours.
11. Intellectual Property.
This Agreement does not transfer from LLDevNet to you any LLDevNet or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LLDevNet, legallearningnetwork.com, the “Legal Learning Development Network” logo, and all other trademarks, service marks, graphics and logos used in connection with legallearningnetwork.com, or the Website are trademarks or registered trademarks of Legal Learning Development Network LLC; or licensors of the aforementioned companies. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Legal Learning Development Network LLC or third-party trademarks. You hereby grant Legal Learning Development Network LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Legal Learning Development Network LLC services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Legal Learning Development Network LLC or the promotion thereof.
LLDevNet reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. LLDevNet may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
LLDevNet may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Termination of your account may include: (a) removal of access to all offerings within the Website, (b) deletion of your Registration Data, password, and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Website. Further, you agree that LLDevNet shall not be liable to you or any third party for any such termination of your account or access to the Website. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties.
The Website is provided “as is”. LLDevNet and its suppliers, affiliates, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither LLDevNet nor its suppliers, affiliates, and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability.
In no event will LLDevNet, or its suppliers, affiliates, or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to LLDevNet under this agreement during the twelve (12) month period prior to the cause of action. LLDevNet shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty.
You agree to indemnify and hold harmless LLDevNet, its contractors, licensors, and their respective directors, officers, agents, employees, and partners, from and against any and all claims, demands, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Website, your use of the Website, your connection to the Website, your violation of the Terms of Service, or your violation of any rights of another.
18. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Website (including your membership ID), use of the Website, or access to the Websit.
This Agreement constitutes the entire agreement between LLDevNet and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LLDevNet, or by the posting by LLDevNet of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LLDevNet may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms of Service to firstname.lastname@example.org.
Thanks to the folks at Automattic (responsible for creations like WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service as we did.