Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB
SITE. By using this Web site, you signify your assent to these terms of
use. If you do not agree to these terms of use, please do not use the site. We
reserve the right, at our discretion, to change, modify, add, or remove
portions of these terms at any time. Please check these terms periodically for
changes. Your continued use of the Web site following the posting of changes to
these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS. Unless otherwise noted, all materials,
including, but not limited to PDF files, news articles, images, illustrations,
designs, icons, photographs, video clips and audio clips that are part of the
Web site (collectively, the "Content") are protected by copyright and owned,
controlled or licensed by The Traub Law Office ("TLO"), or the party credited
as the provider of the Content. You shall abide by all additional copyright
notices, information or restrictions contained in any Content accessed through
the Web site.
No Content from the Web site may be copied, reproduced, framed, hyperlinked,
republished, downloaded, uploaded, posted, transmitted, or distributed in any
way; provided, however, you may download, where specifically permitted, one
copy of the Content on any single computer for your personal, non-commercial
use only, provided you keep intact all copyright and other proprietary notices.
Copying or storing of any Content for other than personal use is expressly
prohibited without prior permission from
TLO,
or the copyright holder identified in the copyright notice contained in the
Content.
If you wish to build a hyperlink to the Web site, you may do so provided you
agree to cease such link upon request from TLO. No other use is permitted
without prior written permission of TLO.
Use of any robot, spider, other automatic device, or manual process to monitor
or copy our Web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose is a
violation of TLO’s copyright and other proprietary rights. For purposes of
these terms, the use of any Content on any other web site or networked computer
environment is prohibited. All trademarks, service marks and trade names are
proprietary to TLO.
USAGE BY CHILDREN UNDER 13. The Web site is directed to adults and is not
directed to children under the age of 13. TLO cannot prohibit minors from
visiting the Web site. TLO must rely on parents, guardians and those
responsible for supervising children under 13 to decide which materials are
appropriate for such children to view and/or purchase. TLO complies with the
Children's Online Privacy Protection Act and does not permit registration by
and will not knowingly collect personally identifiable information from anyone
under 13. This requirement will be posted wherever TLO collects data within the
Web site, such as during the registration process.
MEMBER ACCOUNT. If you register as a user of this Web site, you will be
assigned a username and password that is unique to you. You are responsible for
maintaining the confidentiality of the username and password, and responsible
for all activities that occur under your username and password. You agree to
notify TLO of
any unauthorized use of your username and password or any other breach of
security.
FEES AND PAYMENTS. TLO reserves the right at any time to charge fees for
access to portions of the Web site or the Web site as a whole. However, in no
event will you be charged for access to the Web site unless we obtain your
prior agreement to pay such charges. You shall pay all fees and charges
incurred through your account at the rates in effect for the billing period in
which such fees and charges are incurred. You shall pay all applicable taxes
relating to use of the Web site through your account.
E-MAIL AND PUBLIC COMMUNICATION. "Forum" means letters, e-mails or other
types of communications to the editors, Webmaster(s) or employees of TLO, and
messages posted in connection with online seminar discussions on the Web site.
You shall not upload to, distribute through, or otherwise publish through a
Forum on the Web site any content which is libelous, defamatory, obscene,
pornographic, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable that would constitute or encourage a
criminal offense, violate the rights of any party, or that would otherwise give
rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without
our express approval, distribute or otherwise publish any material containing
any solicitation of funds, promotion, advertising, or solicitation for goods or
services. You specifically acknowledge that soliciting other guests of the Web
site to join or become members of any commercial online or offline service or
other organization is expressly prohibited.
Subject to the terms of the TLO privacy policy, in general, we will not monitor
or edit the contents of Forum materials unless required in the course of normal
maintenance of the Web site and its systems or unless required to do so by law
or in the good-faith belief that such action is necessary to: (1) comply with
the law or comply with legal process served on TLO; (2) protect and defend the
legitimate business interests, rights or property of TLO, its users,
advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an
emergency to protect the personal safety of our guests or the public. Users
shall remain solely responsible for the content of their communications. TLO
has the right but not the obligation to monitor and edit or remove any Forum
communications and content.
By uploading materials to any Forum or submitting any materials to us, you
automatically grant (or warrant that the owner of such rights has expressly
granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, 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. In addition, you warrant that all so-called "moral rights" in those
materials have been waived.
PRIVACY. Registration data and certain other demographic information
about you are subject to TLO's privacy policy. For more information, see our
privacy policy, which is incorporated in full herein by reference.
INDEMNIFICATION. You agree to indemnify, defend and hold TLO harmless
from any liability, loss, claim and expense, including reasonable attorneys
fees, related to your violation or alleged violation of this Agreement or use
of the Web site.
NON-TRANSFERABILITY. Your right to use this Web site is not transferable.
Any password or right given to you to obtain information is not transferable.
JURISDICTION. Unless otherwise specified, the Content on the Web site is
presented solely for informational purposes in the United States, its
territories, possessions, and protectorates. The Web site is controlled and
operated by TLO from its offices within the State of Texas. TLO
makes no representation that Content on the Web site is appropriate or
available for use in other locations. Those who choose to access the Web site
from other locations do so on their own initiative and are responsible for
establishing the useability or correctness of any information or Content under
any or all jurisdictions and the compliance of that information or Content with
local laws, if and to the extent local laws are applicable.
All users, including those users who access the Web site from a country other
than the U.S., agree that the laws of the State of Texas shall govern any
dispute, including those arising from TLO's use of personal information or
otherwise relating to privacy.
TERMINATION. These terms are effective until terminated by either party.
You may terminate these terms at any time by destroying all Content obtained
from any and all Web site(s) and all related documentation and all copies and
installations thereof, whether made under these terms or otherwise. The
privileges granted to you by these terms, including the maintenance of a member
account, will terminate immediately without notice from TLO if, in TLO's
sole discretion, you fail to comply with any provision of these terms. Upon
termination, you must destroy all Content obtained from the Web site and all
copies thereof, whether made under these terms or otherwise. TLO may take
such further action as TLO determines to be appropriate under the
circumstances to eliminate or preclude repeat violations, and TLO shall
not be liable for any damages of any nature suffered by any customer, user, or
any third party resulting in whole or in part from TLO's exercise of its rights
under these terms and conditions.
DISCLAIMER. THE CONTENT IN THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TLO DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE
SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TLO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN
TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT
TLO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL TLO BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
CONTENT ON THE WEB SITE, EVEN IF TLO OR A TLO AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL TLO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB
SITE.
NOT LEGAL ADVICE. The Content contained on the Web site has been prepared
by TLO as a service to its readers and the Internet community and is not
intended to constitute legal advice. TLO has used reasonable efforts in
collecting, preparing and providing quality information and material, but does
not warrant or guarantee the accuracy, completeness, adequacy or currency of
the information contained on or linked to the Web site. Users of information
from the Web site or links do so at their own risk.
OTHER PRODUCTS. Any reference made by the Web site to any specific
commercial product, process, or service (or provider of such product, process
or service) by trade name, trademark, hyperlink, or otherwise, does not
constitute or imply an endorsement, recommendation, or favoring by TLO. Content
on the Web site may be provided by third parties and users. Any opinions,
advice, statements, services, offers or other information expressed or made
available by third parties, including information providers, users or others,
are those of the respective author(s) or distributor(s) and do not necessarily
state or reflect those of TLO.
LINKS TO OTHER WEB SITES AND SERVICES. To the extent that the Web site
contains links to outside services and resources, TLO does not control the
availability and content of those outside services and resources. Any concerns
regarding any such service or resource, or any link thereto, should be directed
to the particular service or resource.
OTHER. These terms shall be governed by and construed in accordance with
the laws of the State of Texas. You agree that any action at law or in equity
arising out of or relating to these terms shall be filed only in the state or
federal courts located in Travis County and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of litigating any
such action. If any provision of these terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of any
remaining provisions. You agree that regardless of any law or statute to the
contrary, any claim or cause of action arising out of or relating to the Web
site and these Terms of Service must be filed within one (1) year of the date
the cause of action arose, or be barred as untimely. This is the entire
agreement between us relating to the subject matter herein and shall not be
modified except as provided herein or in writing, signed by TLO. To the extent
that anything in or associated with the Web site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. TLO’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.