Effective Date: November
19, 2009
TERMS & CONDITIONS OF USE
Welcome to the
www.GreatBusinessLawResources.com Website (“Website”) operated by
The Legal Edge, LLC (“The Legal Edge”, “we” or “us”). The Website
provides a service (“the Service”) which permits users to receive copies
of the materials and audio recordings produced by The Legal Edge and/or
to order hard copies (where available) of other The Legal Edge products.
In order to use the Service, you must agree to The Legal Edge’s terms
and conditions (“Agreement”) before you may access and / or use the
Website or Service.
PLEASE READ THIS AGREEMENT CAREFULLY.
By accessing and using the Website or Service, you represent and warrant
that you are more than thirteen (13) years of age and that, if you are
under eighteen (18) years of age, your legal guardian has agreed to be
bound with you by this Agreement. Otherwise, you represent and warrant
that you are at least eighteen (18) years of age and that you have the
right, authority and capacity to agree to this Agreement and to abide by
all of its terms and conditions.
Terms of Sale:
Purchase: Teleclass packages and systems purchased from The Legal
Edge are downloadable once the purchase is complete through our secure
shopping cart system (which is run by a third party company,
www.KickStartCart.com).
Returns: The Legal Edge feels strongly about its products and
guarantees your satisfaction. The Legal Edge will accept returns if, and
only if, you contact The Legal Edge within ninety (90) days of the date
of your purchase via electronic mail
HERE detailing the following
information:
(a) The date of your original purchase;
(b) Your purchase number; and
(c) The reason for your return.
Once the request has been received and processed by The Legal Edge,
you will receive a refund of the purchase price.
Problems with Files: The Legal Edge wants you to enjoy your
purchase. If you are unable to view the file that is sent to you, please
contact The Legal Edge immediately so that we can correct the problem
and send you a copy of the materials that you have ordered that you can
use and enjoy.
Registration: Registration with The Legal Edge is required in
order to use the Service. When you register, you agree to provide
accurate, current and complete information about yourself (“Registration
Information”). You also represent that we may rely on your Registration
Information as being accurate, current and complete. All information
collected is treated as described in our Privacy Policy, which can be
found at:
www.GreatBusinessLawResources.com/privacy.html. The Legal Edge
reserves the right to refuse to fulfill your order for inaccurate,
deceptive and / or incomplete Registration Information.
Limited Non Exclusive Licenses: By using the Service and
purchasing one or more of the Services available on the Website, you are
granted a non exclusive, non transferable, limited license to retain a
single copy of the file in electronic or printed form containing the
materials you have purchased (“Limited License”). This Limited License
does not permit resale, transfer, reproduction, distribution, display,
performance or creation of derivative works using the materials, in
whole or in part, to any third party without prior written permission
from The Legal Edge. If you would like permission to use a portion of
these materials on your website, article or other media with appropriate
attribution, you may contact The Legal Edge at
HERE for permission.
You are also granted a non exclusive, non transferable, limited license
to access and use the Website or Service in accordance with the
Agreement (“Site Limited License”). This Site Limited License may be
revoked at any time at the sole discretion of The Legal Edge. The Site
Limited License permits you to access and use the Website or Service for
your own personal use. No part of the Website or Service may be
reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical. The Site Limited License specifically
prohibits you from copying, emulating, renting, leasing, decompiling,
transferring, disassembling, cloning, attempting to discover the source
code for or reverse engineering the Website or Service or any portion
thereof.
In addition, your Site Limited License specifically prohibits you from
using any software, device or routine to interfere with the normal or
proper working order of the Website or Service. You may not engage in
any action which creates an unreasonably large load on The Legal Edge’s
infrastructure. Unauthorized access to the Website or Service breaches
this Agreement and is a violation of applicable law.
Legal Disclaimers: The Legal Edge is not a lawyer, nor does it
purport to offer legal advice. The items available on the Website and
through the Service are written by attorneys and are the opinions of
those attorneys, but nothing contained on this Website or in the
materials should be construed as legal advice nor does it contain any
representations that may be reasonably relied upon. The information on
this Website and in the materials is intended for general information
purposes. You should neither act nor refrain from acting based upon the
information provided therein without specific legal counsel regarding
your situation.
It is important to note that legal and business information changes
rapidly and we do not promise that any of the information available on
the Website our through the Services in our products is absolutely
current or accurate. The Legal Edge does not assume any responsibility
for any mistakes or inaccuracies in our products, Website or Services.
Further, the information found on this Website or in the items sold by
the Service does not create and is not intended to create, and receipt
or viewing of this information does not constitute, an attorney-client
relationship. Sending an email or submitting a web form found on this
website also does not form an attorney-client relationship. As such,
please do not send confidential information. Such information may not be
considered or treated as privileged and confidential.
Proprietary Rights: Gain The Legal Edge™, Ask the Business
Lawyer™ and all other marks found on our site are the sole property of
The Legal Edge. All of the content, organization, graphics, design,
compilation, magnetic translation, digital conversion, software,
services, computer coding and other matters related to the Website or
Service, are the sole property of The Legal Edge, except where
specifically indicated. As such, they are protected to the maximum
extent permitted by copyright laws, trademark laws, other proprietary
laws (including, but not limited to, intellectual property and trade
secret laws) and international treaties.
Any content (including the products themselves) displayed on the Website
or Service is protected by copyright law and international treaties as
an original work, a compilation and a collective work. Any reproduction,
modification, creation of derivative works from or the distribution of
the Website or Service or the collective work and / or copying or in any
way reproducing the Website or Service or any portion thereof to any
fixed medium for reproduction or redistribution is prohibited without
the express written consent of The Legal Edge. Without limiting any of
the specific rights or prohibitions herein, you agree not to reproduce,
duplicate, copy, sell or exploit for any commercial purpose the Website
or Service or any aspect or portion thereof.
Privacy: Submission of personally identifiable information on our
Website or Service is governed by our Privacy Policy, which can be found
at:
www.GreatBusinessLawResources.com/privacy.html. Our Privacy Policy
may change from time to time and without notice. The Legal Edge reserves
the right to use your personal information in any manner consistent with
our Privacy Policy. Use of the Website or Service signifies that you
agree to subject your personal information to our Privacy Policy.
Indemnification: You agree to indemnify, defend and hold The
Legal Edge, its parents, subsidiaries and affiliates, and each of their
respective officers, executives, employees, owners, and authorized
agents (“Covered Parties”), harmless from any and all loss, liability,
claims and/or demands (including reasonable attorneys' fees, costs and
settlement amounts) made by any third party due to, or arising out of,
your use of the Website or Service and/or arising from your breach of
this Agreement.
WARRANTIES/LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT
ACCESS AND/OR USE OF THE WEBSITE OR SERVICE IS AT YOUR SOLE RISK. THE
WEBSITE OR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE
OR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE
LEGAL EDGE AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, THE LEGAL EDGE AND THE COVERED
PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE LEGAL EDGE AND YOU. THE
WEBSITE OR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
LEGAL EDGE THROUGH THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE LEGAL EDGE IS NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT
LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR
MEMBER COMMUNICATIONS; 2) ANY POTENTIALLY OFFENSIVE, INCORRECT OR
INACCURATE CONTENT POSTED ON THE WEBSITE OR SERVICE WHETHER CAUSED BY
THE LEGAL EDGE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED
WITH, OR UTILIZED ON THE WEBSITE OR SERVICE; 3) ANY COMPUTER VIRUS OR
OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR
MACROS; OR 4) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS.
THE MAXIMUM LIABILITY OF THE LEGAL EDGE AND THE COVERED PARTIES TO YOU
OR TO ANY THIRD PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES
WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO THE LEGAL EDGE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, THE LEGAL EDGE SHALL NOT BE
LIABLE TO YOU FOR ANY SERVICES, GOODS AND/OR INFORMATION AVAILABLE FROM
THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE OR SERVICE. IF
YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE OR WITH THIS AGREEMENT,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR
SERVICE.
Third-Party Website or Services: The Website or Service may
provide hyperlinks, banner advertisements, pop-ups and/or other online
methods to redirect you to other third party Internet Website or
Services and/or resources. Because The Legal Edge has no control over
such Website or Services and/or resources, you hereby acknowledge and
agree that The Legal Edge is not responsible for the availability of
such third party Website or Services and/or resources. Furthermore, The
Legal Edge does not endorse, and is not responsible or liable for, any
content, advertising, services, products and/or other materials at or
available through such third party Website or Services or resources, or
for any damages and/or losses incurred through such Website or Services
or other resources.
Copyright Claims: The Legal Edge respects the intellectual
property rights of others and takes any violation of those rights very
seriously. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide The Legal Edge’s copyright
agent with the following information:
• A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
• Identification of the copyrighted work claimed to have been
infringed or, in the case of multiple copyrighted works, a
representative list of such works.
• Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit The Legal Edge to locate the material.
• Information reasonably sufficient to permit The Legal Edge to
contact you, such as an address, telephone number and, if available,
an e-mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent or under applicable laws.
• A statement that the information in the notification is accurate
and, under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed.
The Legal Edge’s agent for notice of claims of copyright and other
intellectual property right infringement can be reached as follows:
By U.S. Mail:
The Legal Edge, LLC
230 Park Avenue, Suite 1000
New York, New York 10169
By email: Contact Us
Dispute Resolution/Governing Law: This Agreement shall be treated
as though it were executed and performed in New York, New York and shall
be governed by and construed in accordance with the laws of the State of
New York (without regard to conflict of law principles).
Should a dispute arise concerning the terms and conditions of this
Agreement or the breach of same by either party hereto, the parties
agree to submit their dispute for resolution by arbitration before the
American Arbitration Association in New York City, in accordance with
the then current Commercial Arbitration Rules of the American
Arbitration Association. Any award rendered shall be final and
conclusive to the parties and a judgment thereon may be entered in any
court of competent jurisdiction. Nothing herein shall be construed to
preclude any The Legal Edge from seeking injunctive relief in the City,
County, and State of New York order to protect its rights pending an
outcome in arbitration.
Severability: Should any part of this Agreement be held invalid
or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with, the Website
or Service is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. The Legal Edge’s failure to enforce any
provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
Force Majeure: We are not responsible for any loss, damages,
costs, claims or expenses which you may incur as a result of our delay
in or failure to perform our obligations where such delay or failure is
due to causes beyond our control. Causes beyond our control include:
fire, flood, earthquake, accident, civil disturbances, war, rationing or
embargoes, strikes, labor problems, delays in transportation, inability
to secure necessary materials, delay or failure of performance of any
supplier or subcontractor, acts of God and acts of Government
Legal Warning: Any attempt by any individual, whether a user or
otherwise, to damage, destroy, tamper with, vandalize and/or otherwise
interfere with the operation of the Website or Service, is a violation
of criminal and civil law and The Legal Edge will diligently pursue all
remedies in this regard against any offending individual or entity to
the fullest extent permissible by law and in equity.
Modifications: This Agreement is subject to change at any time,
with or without notice. All changes are effective upon their posting on
the Website. You agree that it is your responsibility to bookmark this
page and to check it frequently for updates to your Agreement with us.
If you object to any of the terms and conditions in the Agreement, if
you become dissatisfied with the Website or Service or any subsequent
modifications to the Agreement, your sole recourse is to immediately
discontinue the use of the Website and Service. Still have questions? Contact us at
Contact Us.
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