Last Updated: September 25, 2013
1. ACCEPTANCE OF TERMS
2. NO LEGAL ADVICE
STREET LAW PROVIDES INFORMATION TO HELP INDIVIDUALS LEARN ABOUT LEGAL ISSUES. THE INFORMATION ON THIS WEBSITE IS NOT LEGAL ADVICE. LEGAL INFORMATION IS NOT THE SAME AS LEGAL ADVICE, WHICH IS THE APPLICATION OF LAW TO AN INDIVIDUAL’S SPECIFIC CIRCUMSTANCES. THE INFORMATION ON THIS WEBSITE IS NOT A SUBSTITUTE FOR AND DOES NOT REPLACE THE ADVICE OR REPRESENTATION OF A LICENSED ATTORNEY. WE RECOMMEND THAT YOU CONSULT WITH A LICENSED ATTORNEY IF YOU WANT ASSURANCE THAT THE INFORMATION ON THE WEBSITE AND YOUR INTERPRETATION OF IT ARE APPROPRIATE FOR YOUR PARTICULAR SITUATION. YOU SHOULD NOT AND ARE NOT AUTHORIZED TO RELY ON THIS WEBSITE AS A SOURCE OF LEGAL ADVICE. THE USE OF THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN STREET LAW AND ANY USER. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIALS AVAILABLE THROUGH THE WEBSITE WILL BE AT YOUR OWN RISK.
4. MODIFICATION OF THE TERMS
5. ELIGIBILITY TO USE THE WEBSITE
If you are using or opening an Account (as defined below) on the Website on behalf of a company, entity or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
The Website is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE WEBSITE AT ANY TIME OR IN ANY MANNER. By using the Website, you affirm that you are at least 18 years of age. Street Law does not seek through the Website to gather personal information from or about children under the age of 13.
You understand and agree that these Terms are entered into in consideration of your use of the Website and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
7. SERVICE SECURITY
You are prohibited from violating, or attempting to violate, the security of the Website. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Website, at Street Law’s sole discretion. Street Law reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Website.
8. OWNERSHIP; PROPRIETARY RIGHTS
The Website is owned and operated by Street Law. All materials on the Website, including, but not limited to, any audio, video or audiovisual content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Website that are provided by Street Law, including Publications (as defined below) (“Street Law Materials”), are owned by Street Law or third party licensors and may be protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Judicial opinions available on the Street Law website, unless identified to the contrary, are in the public domain. All trademarks, service marks, and trade names contained in the Street Law Materials or on the Website, whether registered or not, are proprietary to Street Law or its affiliates and/or third-party licensors. Except as expressly authorized by Street Law or the applicable owner of any User Content (as defined below), you agree not to sell, license, distribute, copy, download, reproduce, modify, publicly perform, publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Street Law Materials or User Content. Street Law reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Street Law Materials, except for the limited rights set forth in these Terms.
9. TERRITORIAL LIMITATIONS
The Website is controlled and offered by Street Law from its facilities in the State of Maryland, United States of America. Street Law makes no representations that the Website is appropriate or available for use in other locations, and access to the Website from territories where the content on the Website may be illegal or unauthorized is prohibited. Those who access or use the Website from other jurisdictions do so at their own risk subject to these Terms.
10. THIRD-PARTY WEBSITES
The Website provides links to other sites or content (“Reference Sites”). Street Law has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, privacy policies, practices, nature, availability or reliability of Reference Sites or content linked to by the Website. Street Law provides links to you only as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Website, these Terms and our policies no longer govern. Accordingly, you should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT STREET LAW WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A REFERENCE SITE, OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE WEBSITE.
11. PUBLICATION PURCHASES
- 11.1 The Website may offer content for free or purchase (“Publications”). The price for each Publication, if any, will be displayed at the point of purchase to the extent sold by Street Law. Where Publications are sold by third parties, there will be a link to the Reference Site where the Publication is available for sale. You will be responsible for the payment of any Publication purchased by you, as well as any shipping costs, taxes or other fees associated with Publications.
- 11.2 Street Law reserves the right to immediately halt the offering or sale of any Publications, in its sole and absolute discretion, without any liability to any user, and to correct any inaccurate listing or technical problems with any Publications. There is no guarantee that a Publication previously offered for sale will continue to be available in the future.
- 11.3 Replacement Products. To the extent any Publications have been made available by Street Law as digital downloads (e.g., eBooks) (“Digital Publications”), Street Law may redistribute previously purchased copies of digital Publications, if, in Street Law’s sole determination, a purchaser of such Digital Publication received a corrupted or otherwise damaged item. Street Law shall not charge a user a fee for a re-download. The policies of any Reference Sites shall govern replacement products purchased from such Reference Sites.
- 11.4 Payment. All charges and payments for Publications will be made in U.S. currency unless otherwise specified. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card, debit card or other payment method provider. Purchases of Publications through Street Law can only be made using an approved payment mechanism (e.g., debit and credit cards). You may also download an order form and complete a purchase through the submission of such order form and the inclusion of a check issued by a U.S. financial institution. Orders will be fulfilled following clearance of any check.
- 11.5 Prices. Published prices do not include taxes, duties or shipping and may be changed without notice at any time. You agree to indemnify and hold Street Law harmless from any claims by any taxing authority arising out of your purchase of Publications through the Website.
- 11.6 Refunds. All sales of Publications are final, and Street Law does not offer refunds for any purchased Publications. If any Publication purchased by you is corrupted or otherwise damaged, then please contact email@example.com for assistance in receiving a replacement.
- 11.7 Cancellation of Payments and Purchases. Payments and purchases may not be cancelled by you, except as required by law. However, Street Law reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a transaction with your credit card or debit card, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
- 11.8 Title. Risk of loss and title for physical Publications (“Physical Publications”) purchased from Street Law pass to you upon delivery of Physical Publications to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Title to Digital Publications that you purchase from Street Law will pass to you upon delivery of the Digital Publications. The purchase of a Publication shall not transfer any intellectual property rights in any Publication unless specifically noted.
- 11.9 License to Digital Publications. Street Law grants you a non-exclusive, non-transferable right to view, use and display a Digital Publication for your personal, non-commercial, entertainment use or for use by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction (“Authorized Educational Purposes”), subject to and in accordance with these Terms. You represent, warrant, and agree that you will use Digital Publications purchased through the Website only as permitted in this Section 11.9 and not for any redistribution or any other purpose. You agree not to infringe the rights of the Digital Publications’ copyright owners and to comply with all applicable laws in your use of Digital Publications. You agree you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Digital Publication unless we give you explicit permission to do so. Digital Publications are licensed, and not sold, to you.
- 11.10 Shipping. When you place an order for a Physical Publication through the Website, the Physical Publication will be shipped to the address you designated.
12. COMMENTS SUBMITTED TO THE SERVICE; LICENSE GRANT FROM YOU TO STREET LAW
- 12.1 User Content. This section governs any material that you upload or transmit to or through the Website, including, without limitation any comments posted on public areas of the Website (as defined below) (“User Content”). You agree, represent, and warrant that any User Content you upload or transmit to or through the Website is truthful, accurate, not misleading, and offered in good faith, and that you have all rights, licenses, permissions, and authorizations necessary to upload and transmit the User Content to and through the Website and grant the rights to the User Content as set forth in these Terms. You must not upload or transmit any User Content to or through the Service that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Except as otherwise expressly agreed to in a separate writing signed by you and an authorized representative of Street Law, or as otherwise specified in these Terms, any User Content uploaded or transmitted to or through the Service will be considered non-confidential and non-proprietary, and treated as such by Street Law, and may be used by Street Law for any purpose or disclosed by Street Law to any third party with or without notice to you and without any liability to Street Law.
- 12.3 Retention of Your Intellectual Property Rights. BY UPLOADING OR OTHERWISE PROVIDING USER CONTENT TO THE WEBSITE YOU ARE NOT – PURSUANT TO THESE TERMS – SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS IN YOUR USER CONTENT THAT YOU MAY HAVE. RATHER, YOU ARE MERELY GRANTING STREET LAW A LICENSE PURSUANT TO THESE TERMS. YOU WILL CONTINUE TO OWN, TO THE EXTENT OF YOUR EXISTING RIGHTS, ALL OF YOUR USER CONTENT.
- 12.4 Waiver of Rights. By posting User Content to or through the Website you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Website during the term of these Terms. You expressly release Street Law and all of Street Law’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content. Notwithstanding the preceding sentences of this Section 12.4, you should let us know immediately by sending an email to firstname.lastname@example.org. If you object to any uses of your User Content on or through the Website or in the promotion of the Website. We will consider all reasonable requests to terminate any Use that you find objectionable, but we shall have no liability to you for any Use authorized in these Terms.
- 12.5 Removal of User Content. You may remove your User Content from the Website or terminate your account at any time, subject to Section 15. To do so, please email your request to email@example.com.
- 12.6 Representations and Warranties with Respect to User Content. By uploading or transmitting User Content to or through the Website, you hereby represent and warrant to Street Law that (a) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content and (b) the Use of such User Content in a manner consistent with these Terms will not (i) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (ii) require Street Law or any Reference Site on or through which the Website is made available to pay any fees of any kind to any third party.
- 12.7 Comments. Posting comments is a privilege, not a right, and Street Law may terminate such privileges at any time and for any reason, without any liability to you. While we invite you to express your thoughts and opinions in comments, you must respect your fellow users. Harmful, obscene, or offensive content is not welcome and Street Law reserves the right to monitor, edit, pre-screen, and remove any comments, although nothing herein requires Street Law to monitor, edit or remove any comments. If you find objectionable content in a comment, then please notify us by sending an email to firstname.lastname@example.org. You should exercise discretion, good sense, and sound judgment when posting a comment. Once a comment is posted, it may live in perpetuity online, and comments posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are solely responsible for the content of any comment. You must not post any material in a comment that you consider to be confidential or proprietary. You agree that any comments are deemed public communications and that no confidentiality shall be afforded such comments.
- 12.1 Removal of Comments. You may remove any of your comments by clicking the delete button under the comment; provided, however, that the removal of a comment will not ensure the deletion of your comment from computer servers owned or operated by or on behalf of Street Law or the removal of your comments from the files of any third parties who may have copied or further distributed your comments. As such, your comments may continue to be made publicly accessible indefinitely by such third parties, and Street Law will have no liability for the continued availability of such postings.
- 12.2 No Endorsement. Street Law does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any comments posted to the Website. The opinions expressed in any comment are to be attributed solely to the person or entity that posted such message. Any reliance you place on material or information set forth in a comment will be at your own risk.
- 12.3 Other Inventions and Concepts; Feedback. To the extent you disclose any inventions or concepts to Street Law or provide us with any feedback, suggestions or ideas (collectively, “Ideas”), by any manner of communication or in any form, you hereby grant Street Law a perpetual, irrevocable, assignable, sublicensable, and royalty-free license throughout the universe to Use those Ideas for any and all purposes in Street Law’s sole discretion, without any obligation of payment or recognition to you or any other third party.
13. PROHIBITED USES
- 13.1 As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms.
- 13.2 Your use of the Website other than for personal, non-commercial use or Authorized Educational Purposes is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, publicly display, publicly perform, or exploit any portion of the Website, use of the Website, access to the Website or content obtained through the Website for any purpose other than expressly permitted by these Terms, including by way of example and not limitation, by doing or engaging in any of the following without Street Law’s express written consent:
- copying, caching or reformatting any Street Law Materials except as permitted by these Terms, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Website to alternative delivery formats;
- framing, embedding and/or passing off Street Law Materials or User Content obtained from the Website in such a manner as to present them as originating from a source other than the Website;
- altering, defacing, mutilating or otherwise bypassing any approved software through which the Website is made available; and
- (d) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Street Law or obtained from the Website.
- 13.3 You agree not to deep-link to the Website and will promptly remove any links that Street Law finds objectionable in its sole discretion.
- 13.4 You agree not to intentionally interfere with or damage, impair or disable the operation of the Website by any means, including uploading or otherwise disseminating viruses, worms, malware, spyware, adware, or other malicious code.
- 13.5 You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website.
- 13.6 You agree not to attempt to gain unauthorized access to the Website or otherwise interfere with any security-related features of the Website, or any part of it, other user accounts, computer systems or networks connected to the Website, or any part of it, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
- 13.7 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including, without limitation, for the purpose of obtaining unauthorized access to the Website.
- 13.8 You agree that you will not use any robot, spider, scrape, or use other automated means to access the Website for any purpose without the express written permission of Street Law, or bypass robot exclusion headers or other measures Street Law may use to prevent or restrict access to the Website.
- 13.9 You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, de-compilation, disassembly or hacking of any aspect of the Website or any part thereof, or attempt to do any of the foregoing, except and only to the extent that such activity is expressly permitted by applicable law, these Terms, and the authorized features of the Service.
- 13.10 You agree not to modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- 13.11 You agree not to create a false identity or impersonate another person or entity in any way while using the Website.
- 13.12 You agree not to upload or otherwise transmit to or through the Website any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- 13.13 You agree not to upload or otherwise transmit to or through the Website any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that can cause harm or delay to the Website or computers of any kind.
- 13.14 You agree not to upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Website.
- 13.15 You agree not to restrict, discourage or inhibit any person from using the Website, disclose personal information about a third person on the Website or obtained from the Website without the consent of such person or collect information about users of the Website.
- 13.16 You agree not to post, transmit or otherwise make available through the Website any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Website or communications equipment and computers connected to the Website.
- 13.17 You agree not to interfere with or disrupt the Website, networks or servers connected to the Website or violate the regulations, policies or procedures of such networks or servers.
- 13.18 You agree not to violate any applicable federal, state or local laws or regulations or these Terms.
- 13.19 You agree not to assist or permit any persons in engaging in any of the activities described above.
In order to use certain features of the Website, you must register for an account (an “Account”). Upon registration, you will be asked to provide your first and last name, your email address, and create a password. You are responsible for all activities that occur under your Account and, should, therefore, keep your password confidential. If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account credentials), you agree to immediately notify Street Law. You may be liable for the losses incurred by Street Law or others due to any unauthorized use of your Account.
You agree to provide true, accurate, current, and complete information about yourself as requested in any registration or purchase forms required by Street Law. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, Street Law reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party
15. TERM AND TERMINATION
- 15.1 Term. These Terms, as amended, will be effective commencing with your first use or registration of the Website and will remain in full force and effect throughout your use of the Website.
- 15.2 Termination by Street Law. You agree that Street Law, in its sole discretion and for any or no reason, may terminate your access to the Website at any time, with or without notice. Street Law may also in its sole discretion and at any time discontinue providing access to the Website with or without notice. You agree that Street Law’s termination of your access to the Website or to any content thereon will be without liability to you or any third party.
- 15.3 Termination by You. You are free to terminate your use of the Website at any time. You can simply choose to stop visiting or using any aspect of the Website. If you wish to terminate your account on the Website, you may do so by sending an email to email@example.com or using any other account termination functionality that may be offered through the Website. For example, we may develop a functionality that permits you to click on a termination button on your profile page on the Website.
You agree to indemnify, defend, and hold harmless Street Law and its parent, subsidiaries, affiliates, investors, partners, sublicensees or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, contractors, and assigns, and other Street Law users who use any User Content you upload to or make available on or through the Website, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Website; (2) your breach or other violation of these Terms, including any representations, warranties and covenants herein; (3) your violation of the rights of any other person or entity; (4) your User Content, including Street Law’s or any user’s Use of your User Content consistent with these Terms; or (5) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Content infringes or violates any third-party intellectual property rights or other proprietary rights. Notwithstanding the foregoing, Street Law reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Street Law if Street Law, in its reasonable discretion, concludes that you are not adequately protecting Street Law’s interests or are incapable of protecting Street Law’s interests, and you agree to cooperate with Street Law’s defense of these claims. You agree not to settle any matter without the prior written consent from Street Law. Street Law will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17. DISCLAIMERS; NO WARRANTIES
- 17.1 No Warranties. THE WEBSITE, STREET LAW MATERIALS, AND ANY SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STREET LAW, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STREET LAW OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PUBLICATIONS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 16.1, THE TERM “STREET LAW” INCLUDES STREET LAW’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.
- 17.2 Accuracy. STREET LAW, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
- 17.3 DISCLAIMER OF USER CONTENT. YOU UNDERSTAND THAT WHEN USING THE WEBSITE, YOU MAY BE EXPOSED TO MESSAGES, COMMENTS AND USER CONTENT FROM A VARIETY OF SOURCES, AND THAT STREET LAW IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST STREET LAW WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL STREET LAW BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY USER MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, EMAILED, UPLOADED OR OTHERWISE DISPLAYED, PERFORMED OR TRANSMITTED VIA THE WEBSITE. BY ACCESSING OR USING ANY USER CONTENT TRANSMITTED ON OR THROUGH THE SERVICE, YOU WAIVE ANY AND ALL CLAIMS AGAINST STREET LAW THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH USER CONTENT.
18. LIMITATION OF LIABILITY AND DAMAGES.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STREET LAW OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE STREET LAW MATERIALS, THE WEBSITE, USER CONTENT OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH STREET LAW, EVEN IF STREET LAW OR A STREET LAW 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 SUCH CASES, STREET LAW’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STREET LAW OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED ONE HUNDRED DOLLARS.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
- 19.1 Respect of Third Party Rights. Street Law respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Website.
- 19.2 Repeat Infringer Policy. Street Law’s intellectual property policy is to (a) remove material that Street Law believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Website, and (b) remove any User Content posted to the Website by “repeat infringers.” Street Law considers a “repeat infringer” to be any user that has uploaded User Content to the Website and for whom Street Law has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. Street Law has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Street Law’s own determination.
- 19.3 Procedure for Reporting Claimed Infringement.
- If you believe that any content made available on or through the Website has been Used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific 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 Street Law to locate the material;
- Information reasonably sufficient to permit Street Law to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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.
- You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- 19.4 Designated Agent Contact Information. Street Law’s Designated Agent for notices of claimed infringement can be contacted at:
- Via email: firstname.lastname@example.org
- Via U.S. Mail: Street Law, Inc., 1010 Wayne Avenue, Suite 870, Silver Spring, MD 20910, Attn: Allison Hawkins
- 19.5 Counter Notification.
- If you receive a notification from Street Law that material made available by you on or through the Website has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Street Law with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Street Law’s Designated Agent through one of the methods identified in Section 19.4, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Street Law may be found, and that the subscriber will accept service of process from the person who provided notification under Section 19.3 above or an agent of such person.
- A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
- 19.6 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
- [A]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Street Law] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
- Street Law reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
- For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 19 should be sent to the Designated Agent at email@example.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Street Law, the operation of the Website or any other matter should be sent to firstname.lastname@example.org.
- 19.7 DISPUTE RESOLUTION: Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND STREET LAW AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
- Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Street Law, to you via any other method available to Street Law, including via e-mail. The Notice to Street Law should be addressed to: Street Law, Inc., located at 1010 Wayne Avenue, Suite 870, Silver Spring, MD 20910, Attn: Chief Operating Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Street Law do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Street Law may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Street Law, then Street Law will promptly reimburse you for your confirmed payment of the filing fee upon Street Law’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or has been filed in bad faith as determined by Street Law in its sole discretion, in which case you are solely responsible for the payment of the filing fee.
- Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Street Law agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- No Class Actions. YOU AND STREET LAW AGREE THAT YOU AND STREET LAW MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
- Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of Maryland in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
- 19.8 Choice of Law; Venue. These Terms and your use of the Service shall be governed by the substantive laws of the State of Maryland without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Street Law under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Montgomery County, Maryland, and you and Street Law hereby submit to the personal jurisdiction and venue of these courts, and you waive any claim that such courts are an inconvenient forum.
- 19.9 Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Street Law seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Street Law or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Street Law, including with respect to any Street Law Materials or User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
- 19.10 Claims. You and Street Law agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Website, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- 19.11 Improperly Filed Claims. All claims you bring against Street Law must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Street Law may recover attorneys’ fees and costs up to $5,000, provided that Street Law has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- 20.1 Severability. 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.
- 20.2 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Street Law to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- 20.3 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Street Law without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
- 20.4 No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Street Law as a result of these Terms or use of the Service.
- 20.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- 20.7 Entire Agreement. This is the entire agreement between you and Street Law relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Street Law as authorized in these Terms.
- 20.8 Disclosures. The Website is offered by Street Law, Inc., located at 1010 Wayne Avenue, Suite 870, Silver Spring, MD 20910, email: email@example.com.