ALM MEDIA. This website is owned and operatedby ALM Media, LLC ("ALM"), a Delaware limited liability company withoffices at 120 Broadway, 5th Floor, New York, NY 10271. References to"ALM," "We," "Us" and "Our" may beconstrued as references to ALM and its parents, subsidiaries, or divisions,including but not limited to, ALM Media Properties, LLC and ALM Media Canada,Inc.
TRADEMARKS. All ALM brands and trademarks(whether registered or unregistered) and graphics, logos, designs, page headersand button icons are subject to the intellectual property rights of ALM andneither they nor any confusingly similar versions may be used by you including(but not limited to) as part of any trademarks and/or domain names without Ourprior written consent.
OWNERSHIP OF CONTENT. Unless otherwise noted, allmaterials, including, but not limited to, articles, images, illustrations,designs, icons, photographs, video clips and audio clips that are part of thewebsite (collectively, the "Content") are protected by copyright andowned, controlled or licensed by Us or the party credited as the provider ofthe Content. You shall abide by all additional copyright notices, informationor restrictions contained in any Content accessed through the website.
PROHIBITED USE OF CONTENT. Unless We haveagreed in writing to the contrary you agree that you will not use the website,any Forum (defined below) and/or any of the Content:
· in conjunction with any robot, spider, other automatic device,or manual process that enables you to monitor or copy the Web pages or theContent;
· on any other website or networked computer environment;
· to create a database (electronic or otherwise);
· to promote or encourage the sale of your goods/services or thoseof any third party;
· to solicit other guests or users of the website to join orbecome members of any commercial online or offline service or otherorganization;
· by transmitting or re-circulating it to any third party(otherwise than by use of a hyperlink in accordance with the"Linking" paragraph below);
· in any way that involves removing copyright or trademarknotice(s)
· to disseminate any unsolicited or unauthorised advertising,promotional materials, "junk mail," "spam," "chainletters," "pyramid schemes," or any other form of solicitation;
· to disseminate any material which is or may infringe the rights(including intellectual property rights) of any third party or which isunlawful, threatening, defamatory, obscene, indecent, offensive, pornographic,abusive, liable to incite racial hatred, discriminatory, menacing, scandalous,inflammatory, in breach of confidence, in breach of privacy, or which mayrestrict or inhibit the use of the website and/or any of the Content by anyperson or which constitutes or encourages conduct that may be considered acriminal offence or give rise to civil liability;
· to disseminate any material which does or may bring ALM or anyof its brands into dispute or in any way damage their reputation;
· to disseminate any material that may interrupt, damage, destroyor limit the functionality of any computer software or hardware ortelecommunications equipment, including, without limitation, computer viruses,logic bombs, Trojan horses, worms, harmful components, corrupted data or othermalicious software or harmful data; or
· to post link(s) that take users to material that contravenes anyof the above restrictions.
The followingprovision applies to all visitors (which shall include persons andrepresentatives of legal entities, whether such representatives are persons ordigital engines of a kind that crawls, indexes, scrapes, copies, stores ortransmits digital content). DIGITAL MILLENNIUM COPYRIGHT ACT("DMCA") NOTICE. Materials may be made available via the Web Service bythird parties not within our control. We are under no obligation to, and donot, scan content used in connection with the Web Service for the inclusion ofillegal or impermissible content. However, We respect the copyright interestsof others. It is Our policy not to permit materials known by us to infringeanother party's copyright to remain on the Web Service. If you believe anymaterials on the Web Service infringe a copyright, you should provide us withwritten notice that at a minimum contains:
1. A physical orelectronic signature of a person authorized to act on behalf of the owner of anexclusive right that is allegedly infringed;
2. Identification ofthe copyrighted work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a single notification,a representative list of such works at that site;
3. Identification ofthe material that is claimed to be infringing or to be the subject ofinfringing activity and that is to be removed or access to which is to bedisabled, and information reasonably sufficient to permit us to locate thematerial;
4. Informationreasonably sufficient to permit Us to contact the complaining party, such as anaddress, telephone number, and, if available, an electronic mail address atwhich the complaining party may be contacted;
5. A statement thatthe complaining party has a good faith belief that use of the material in themanner complained of is not authorized by the copyright owner, its agent, orthe law; and
6. A statement thatthe information in the notification is accurate, and under penalty of perjury,that the complaining party is authorized to act on behalf of the owner of anexclusive right that is allegedly infringed.
All DMCA noticesshould be sent to our designated agent as follows:
ALM Media, LLC
Attn: Debra Nodiff, Esq.
Associate General Counsel
120 Broadway, 5th Fl.
New York, NY 10271
(646) 822-5159 - fax
It is Our policy toterminate relationships regarding content with third parties who repeatedlyinfringe the copyrights of others.
USAGE BY CHILDREN UNDER 13. The website isdirected to adults and is not directed to children under the age of 13. Wecannot prohibit minors from visiting the website so We must rely on parents,guardians and those responsible for supervising children under 13 to decidewhich materials are appropriate for such children to view and/or purchase. Wecomply with the Children's Online Privacy Protection Act and do not permitregistration by and will not knowingly collect personally identifiableinformation from anyone under 13. This requirement will be posted wherever Wecollect data within the website, such as during the registration process.
MEMBER ACCOUNT. If you register as a user of thiswebsite, you will be assigned a username and password that is unique to you.Such registration may be subject to specific terms of registration with whichyou must comply. You are responsible for maintaining the confidentiality of theusername and password, and responsible for all activities that occur under yourusername and password. Your username and passwords must be used solely by youand sharing your username and password with any other person or making itavailable to multiple users on a network is strictly prohibited. Where youregister with Us you also agree to:
· provide true, accurate, current and complete information aboutyourself as prompted by the relevant registration form (such information beingthe "Registration Data"); and
· maintain and promptly update the Registration Data (by sendingan appropriately worded email to email@example.com) to keep it fully up to date;
· ensure that you exit from your member account at the end of eachsession; and
· notify Us of any unauthorized use of your username and passwordor any other breach of security at firstname.lastname@example.org
LIMITATIONS ON REPORTING FEES. In states where we pay per credit,certain subscriptions may include reporting fees for the state’s creditrequirements per reporting cycle plus carryover credits. Any amount above thatwill be billed to a subscriber’s credit/debit card. The following states areincluded: Illinois, Hawaii, Tennessee, Georgia, Pennsylvania, Nebraska, Utahand Washington.
COURSE EXPIRATION DATES. Due to the different rules andguidelines for each state governing MCLE requirements, certain courses willexpire at different times. To be sure that you are taking courses before theirexpiration dates, please check the course page. The rules state that you mustapply for credit with the CLE governing body for your state on or before thedate of expiration. We are not responsible for any actions taken against thelawyer for failure to complete required CLE credits on time because of anexpiration issue.
SOFTWARE. Copyright in any software that ismade available for download from the website and/or the Content belongs to Usor Our suppliers. Your use of the software is governed by the terms of any licenseagreement that may accompany or be included with it. Do not install or use anysoftware unless you agree to such license agreement.
ORDERING SUBSCRIPTION SERVICES. Specifications anddescriptions of the Subscription Services and products to be supplied by Us onthis website are not intended to be binding and are intended only to give ageneral description of the Subscription Services and products to be supplied byUs. We warrant that we have the right to supply all Subscription Services andproducts offered by Us on the website and that they will substantially complywith their description. All Subscription Services and products are provided onan "as is" and "as available" basis. To the maximum extentpermissible, We make no other warranties or promises about the SubscriptionServices and products and any implied warranties are excluded. We do notpromise that Subscription Services and products are necessarily available, andall Subscription Services and products are offered subject to availability.Once you click on the "Confirm Order/Proceed" button We will treatthe order as an offer by you to avail yourself of Subscription Service/productsubject to these terms and conditions of sale. You are responsible for ensuringthe accuracy of your order. If We accept your offer, We shall confirm eachorder on-line via the internet and/or by email and Our confirmation of theorder in writing (in the form of an email) shall be Our acceptance of thecontract between the parties. The terms of your order will not be filedelectronically and will not be made available to you on request so you shouldprint off and retain Our confirmation of the order for your records.
FEE BASED SUBSCRIPTIONS. Certain Subscription Services and/orproducts are only available if you purchase them for a fee ("Fee-BasedSubscription Services"). You agree to pay for Fee-Based SubscriptionServices, using a valid credit card which We accept or other form of acceptedpayment and the monthly or annual subscription charges for Fee-Based SubscriptionServices ("the Fees") will be set forth on the relevant page of thewebsite. You must also pay all applicable taxes and other charges (such asdelivery charges) incurred on your account in order to access Fee-BasedSubscription Services. All Fees are quoted in US Dollars and must be paid infull, including all applicable taxes and other charges, except where discountsare offered as detailed on the website. If you are placing an order fromoutside of the United States, your card issuer may convert the charge into yourlocal currency. We reserve the right to change the Fees or applicable chargesand to institute new Fees and charges at any time, upon thirty (30) days priornotice to you (which may be sent by email). In the event you cancel the Fee-BasedSubscription Service, We will not refund any fees already paid by you for thethen current term. If you believe we have billed you incorrectly, you mustcontact Us no later than 60 days after the closing date on the first billingstatement in which the error or problem appeared, in order to receive anadjustment or credit. Inquiries and cancellation requests should be directed toOur Customer Support department email@example.com or by phone at(800)348-0466.
DELIVERY AND CANCELLATIONS. Where yourSubscription or product order involves the delivery of a physical item or itemsthey will be delivered to the address that you indicate when you place an orderthrough the website and risk of damage to or loss of them shall pass to you atthe time of delivery even if they have not been received by you in person. Anytimes quoted for delivery are approximate only and We shall not be liable forany delay in delivery howsoever caused. We shall confirm each order of aphysical item in writing by sending you a receipt along with your products.Requests for returns or cancellations can be made to firstname.lastname@example.org and refunds for unused portions maybe granted in ALM's sole discretion.
By uploadingmaterials to any Forum or submitting any materials to Us, you automatically:
· grant (or warrant that the owner of such rights has expresslygranted) Us a perpetual, royalty-free, irrevocable, non-exclusive right andlicense to use, reproduce, modify, adapt, publish, translate, create derivativeworks from, disclose, post, remove and/or distribute such materials orincorporate such materials into any form, medium, or technology now known orlater developed throughout the universe;
· warrant that all so-called "moral rights" in thosematerials have been waived; and
If you object tothe publication of any material placed on the website please contact Us bysending an appropriately worded email to email@example.com and we will takewhatever action we deem appropriate.
We accept noresponsibility for any statements, material or other submissions placed onForums by users.
NON-TRANSFERABILITY. Your right to use this website isnot transferable. Any password or right given to you to obtain information isnot transferable.
JURISDICTION. Unless otherwise specified, theContent on the website is presented solely for the purpose of promotingpublications and other products available in the United States its territories,possessions, and protectorates. ALM makes no representation that Content on thewebsite is appropriate or available for use in other locations. Those whochoose to access the website from other locations do so on their own initiativeand are responsible for establishing the usability or correctness of anyinformation or Content under any or all jurisdictions and the compliance ofthat information or Content with local laws, if and to the extent local lawsare applicable.
DISCLAIMER. THE CONTENT IN THE WEBSITE ISPROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS ORIMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALMMedia DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITEDTO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.ALM Media DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BEUNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEWEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSESOR OTHER HARMFUL COMPONENTS. WHILST ALM Media ENDEAVOURS TO ENSURE THAT THEWEBSITE IS NORMALLY AVAILABLE 24 HOURS A DAY, IT SHALL NOT BE LIABLE IF FOR ANYREASON THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. ACCESS TO THEWEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEMFAILURE, MAINTENANCE OR REPAIR OR FOR ANY OTHER REASONABLE CAUSE. ALM MediaDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTSOF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY,RELIABILITY, OR OTHERWISE. YOU (AND NOT ALM Media) ASSUME THE ENTIRE COST OFALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOWTHE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TOYOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING,BUT NOT LIMITED TO, NEGLIGENCE, SHALL ALM MEDIA, LLC BE LIABLE FOR ANY SPECIALOR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,THE CONTENT ON THE WEBSITE, EVEN IF ALM MEDIA OR AN ALM MEDIA AUTHORIZEDREPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLELAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TOYOU. IN NO EVENT SHALL ALM MEDIA 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOTLIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY,FOR ACCESSING THE WEBSITE.
NOT LEGAL ADVICE. The Content contained on the websitehas been prepared by Us as a service to Our readers and the Internet community.It is provided only for general information and is not intended to address yourparticular requirements or to constitute any form of advice or recommendation(including legal advice). We have used reasonable efforts in collecting,preparing and providing quality information and material, but do not warrant orguarantee the accuracy, completeness, adequacy or currency of the informationcontained on or linked to the website. Users of information from the website orlinks do so at their own risk and acknowledge that this information should notbe relied upon in making (or refraining from making) any specific investment orother business or personal decisions (professional advice should always beobtained before making any such decision).
OTHER PRODUCTS. Any reference made by the website toany specific commercial product, process, or service (or provider of suchproduct, process or service) by trade name, trademark, hyperlink, or otherwise,does not constitute or imply an endorsement, recommendation, or favoring by Us.Content on the website may be provided by third parties and users. Anyopinions, advice, statements, services, offers or other information expressedor made available by third parties, including information providers, users orothers, are those of the respective author(s) or distributor(s) and do notnecessarily state or reflect those of ALM.
LINKS TO OTHER WEBSITES AND SERVICES. To the extent thatthe website contains links to outside services and resources, We do not controlthe availability and content of those outside services and resources. Theselinks are provided solely for your convenience. If you use these links, youleave the website. ALM does not endorse or make any representations about thesethird party sites, or any material found on them, or any results that may beobtained from using them. If you decide to access any of these third party websSites you do so entirely at your own risk. Any concerns regarding any suchservice or resource, or any link thereto, should be directed to the particularservice or resource.
LINKS FROM OTHER WEBSITES. You may link toany page of the website subject to the following conditions:
· you do not replicate the home page of the website;
· you do not create a frame or any other browser or borderenvironment around the website;
· you only link to freely available Content (and not link to anyContent that is only made to users with a username and password);
· you do not in any way imply any endorsement by ALM other thanwith its written consent or misrepresent your relationship with ALM;
· you do not use any logos or trademarks displayed on the websitewithout the express written permission of ALM;
· the linking website does not contain content that isdistasteful, offensive or controversial, that infringes any intellectualproperty rights or other rights of any other person or otherwise does notcomply with all applicable laws and regulations.