IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE
("TOU") BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS
AND OBLIGATIONS.
LegalStore.com ("LegalStore.com," "we," "our" or
"us") access to, the web sites that link to these TOU (collectively,
the "Web Sites"). THESE TOU GOVERN YOUR USE OF THE WEB SITES. These
TOU only apply to the Web Sites, and not to any other web site or any offline
activities by LegalStore.com (unless specifically stated). You agree to these
TOU by accessing or using the Web Sites, registering for services offered on
the Web Sites, or by accepting, uploading, submitting or downloading any
information or content from or to the Web Sites. IF YOU DO NOT AGREE TO
BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITES.
In some instances, these TOU and separate end user license agreements or terms
of use that set forth additional conditions (collectively, "Additional
Terms") may apply to a service or product offered via the Web Sites.
To the extent there is a conflict between these TOU and the Additional Terms,
the Additional Terms will control, unless the Additional Terms expressly state
that these TOU will control. Please also review the Web Sites' Privacy Policy.
1. Conditions of Use.
The Web Sites; their past, present and future versions; all web pages found
within the Web Sites; the materials and information on the Web Sites,
including, without limitation, organization, graphics, text, images, audio,
videos, designs, compilations, advertising copy, and the trademarks, logos,
domain names, trade names, service marks and trade identities; any and all
copyrightable material (including source and object code); and all other
materials related to the Web Sites, including without limitation, the
"look and feel" of the Web Sites (collectively, the
"Materials") are provided by LegalStore.com or its parent,
subsidiaries, affiliates, or licensors. By using the Web Sites, you represent
that: (i) you have the capacity to be bound by these TOU or, if you are a
minor, your parent or legal guardian has read and agreed to these TOU on your
behalf; (ii) all information you provide to LegalStore.com is true, accurate,
complete and current; (iii) you hold and will continue to hold all rights
necessary to enter into and fully perform your obligations under these TOU and
to grant the rights granted under these TOU; and (iv) if you are acting on
behalf of a company or other entity, you have the authority to bind such
company or entity.
2. Equal Opportunity Employer.
LegalStore.com is an equal opportunity employer. LegalStore.com recruits,
employs, trains, compensates and promotes regardless of race, religion, color,
national origin, sex, disability, age (40 and over) veteran status, and other
protected status as required by applicable law.
3. Ownership of Materials.
Except as otherwise indicated, the Materials are either owned by LegalStore.com
or its parent, subsidiaries, affiliates, or licensors. The Materials are
protected by copyright, trademark and other intellectual property laws and
treaties. Subject to the terms and conditions set forth in these TOU,
LegalStore.com grants you a revocable, non-exclusive, non-transferable, limited
right to access, use, and display the Web Sites and the Materials
thereon. The Materials may not be copied, reproduced, modified,
published, uploaded, downloaded, posted, transmitted, or distributed in any
way, without LegalStore.com's prior written permission. Any copy of the
Materials or portion thereof must include any copyright notice and other
intellectual property designations provided by LegalStore.com or its parent,
subsidiaries, affiliates or licensors. You also may not (i) modify the Materials
or the Web Sites or use them for any commercial purpose, or any other public
display, performance, sale, or rental; (ii) decompile, reverse engineer, or
disassemble software Materials; (iii) remove any copyright notice or other
proprietary notices from the Materials; or (iv) transfer the Materials to
another person.
4. Content you Submit:
Except for resumes submitted solely for consideration for employment with
LegalStore.com, by posting a message or sending an e-mail to LegalStore.com or
contributing in any way to the Web Sites, including, but not limited to,
sending comments, suggestions, questions, or ideas concerning products and
services (each, a "Submission"), you expressly grant LegalStore.com
the right to use and exploit the Submission in any way, including, without
limitation, to copy, republish or sell your Submission (including, without
limitation, names, voices, likenesses and other personally identifying
information contained in your Submission) in any form, media, software or
technology of any kind now known or developed in the future for any purposes
whatsoever including, without limitation, developing, manufacturing and
marketing products and services using such information and for other marketing
and promotional purposes, without any compensation to you. All Submissions
shall not be considered confidential or proprietary information.
5. Acceptable Use.
LegalStore.com reserves the right to change, update, discontinue, restrict, or
prevent access to the Web Sites at any time without notice.
6. Trademarks.
LegalStore.com products and/or services referenced on the Web Sites are either
trademarks, licensed trademarks or registered trademarks of LegalStore.com or
its parent or affiliates. Other company names, products and/or services referenced
on the Web Sites may be trademarks of their respective owners. Nothing
contained on the Web Sites should be construed as granting, by implication or
otherwise, any license or right to use any trademarks displayed on the Web
Sites. You may not use any LegalStore.com trademark unless you have an express
written trademark license from LegalStore.com, or its parent or affiliates.
7. Promotions.
The Web Sites may contain or offer sweepstakes, contests or other promotions,
which may be governed by a separate set of rules that describe the sweepstakes,
contest or promotion and may have eligibility requirements, such as certain age
or geographic area restrictions. It is your responsibility to read those rules
to determine whether or not your participation, registration or entry will be
valid or restricted, and to determine the sponsor's requirements of you in
connection with the applicable sweepstakes, contest or promotion.
8. Copyrights and Other Intellectual Property and Related
Complaints.
You may not use the Sites for any purpose or in any manner that infringes the
rights of any third party. LegalStore.com encourages you to report any content
on the Sites that you believe infringes your rights. Only the
intellectual property rights owner or person authorized to act on behalf of the
owner can report potentially infringing content. If you have a good faith
belief that content on the Sites infringes your copyright, trademark, or other
intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”),
LegalStore.com has a designated agent for receiving notices of copyright
infringement and LegalStore.com follows the notice and take down procedures of
the DMCA. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide LegalStore.com's copyright
agent the following information required by the Online Copyright Infringement
Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b) identification of the
copyright work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site; (c) identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and information reasonably sufficient to permit us to locate the
material; (d) information reasonably sufficient to permit us to contact the
complaining party; (e) a statement that the complaining party has a good-faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (f) a statement that the
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 an
exclusive right that is allegedly infringed.
LegalStore.com's copyright agent for notice of claims of copyright infringement
on or regarding the Sites can be reached by email at [email protected]
NOTE: This contact information is for inquiries regarding potential copyright
infringement only.
We have a policy of terminating the accounts of users who (in our reasonable
discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been
violated or if the DMCA requirements have been met. We may request additional
information before we remove any infringing material. If a dispute develops as
to the correct owner of the rights in question, we reserve the right to remove
your content along with that of the alleged infringer pending resolution of the
matter.
LegalStore.com will provide you with notice if your materials have been removed
based on a third party complaint of alleged infringement of the third party’s
intellectual property rights.
9. Disclaimer.
BY USING THE WEB SITES, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF
THE WEB SITES AND THE INTERNET GENERALLY. THE WEB SITES ARE PROVIDED
"AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS." TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, LEGALSTORE.COM AND ITS PRINCIPALS,
EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE
"LEGALSTORE.COM PARTIES") MAKE NO REPRESENTATION OR WARRANTIES OR
ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES;
(B) MESSAGES SENT FROM OR TO THE WEB SITES; (C) MATERIALS, SOFTWARE,
INFORMATION OR THIRD PARTY CONTENT PROVIDED ON THE WEB SITES; (D) THE
SUBMISSIONS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES; AND/OR (F)
SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEB SITES
OR ANY LINKED SITE. THE LEGALSTORE.COM PARTIES DO NOT WARRANT THAT THE
WEB SITES, ANY OF THE WEB SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT
THE WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE SECURE OR FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE LEGALSTORE.COM PARTIES DO NOT WARRANT
THAT YOUR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN
ANY EVENT, THE LEGALSTORE.COM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTY. YOU
UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, YOU ACT AT YOUR
OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN
EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES. FURTHER,
LEGALSTORE.COM DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND
FREEDOM FROM ERRORS, VIRUSES, AND BUGS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER
OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE
EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
10. Limitation of Liability.
IN NO EVENT WILL THE LEGALSTORE.COM PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE OF
ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO: (A) THE WEB SITES;
(B) MESSAGES SENT FROM OR TO THE WEB SITES; (C) MATERIALS, SOFTWARE,
INFORMATION OR THIRD PARTY CONTENT PROVIDED ON THE WEB SITES; (D) THE
SUBMISSIONS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES; (F)
SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEB SITES
OR ANY LINKED SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY
THE LEGALSTORE.COM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF
THE WEB SITES; (H) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER
INTELLECTUAL PROPERTY OWNERS; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER,
HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY
INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY
VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER
TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE
LEGALSTORE.COM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN
WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT
OR DESTRUCTION OF THE WEB SITES).
YOU
AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE
OUT OF THE LEGALSTORE.COM PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY,
CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION
PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR
OTHER MATERIALS OWNED OR CONTROLLED BY THE LEGALSTORE.COM PARTIES, AND YOU WILL
HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION,
ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT,
SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE LEGALSTORE.COM PARTIES.
NOTWITHSTANDING
ANY OTHER PROVISION IN THESE TOU, IN NO EVENT SHALL THE LEGALSTORE.COM PARTIES
BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN TEN
DOLLARS ($10) (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR
PROFITS, OR BUSINESS INTERRUPTION), EVEN IF THE LEGALSTORE.COM PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO
SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING ANY OF THE WEB SITES, I UNDERSTAND THAT I
MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR
UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ
AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE
CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH
PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
11. Indemnification.
You agree to indemnify, defend, and hold the LegalStore.com Parties harmless
from and against any and all claims, actions, losses, expenses, damages, and
costs (including reasonable attorneys' fees), resulting from: (i) your use of
the Web Sites or the Materials; (ii) any breach or violation of these TOU or
any law, rule, or regulation; (iii) the posting, submission, display,
transmission, exchange, performance, publication, distribution, sharing,
dissemination, promotion, broadcast, and/or circulation of your Submissions;
(iv) the theft, disclosure or misappropriation of your password; or (v) your
authorization of anyone else to use your password.
LegalStore.com reserves the right to assume, at its sole
expense, the exclusive defense and control of any such claim or action and all
negotiations for settlement or compromise, and you agree to fully cooperate
with LegalStore.com in the defense of any such claim, action, settlement, or
compromise negotiations, as requested by LegalStore.com. In no event will
you settle any claim or action without LegalStore.com’s prior written approval.
12. Third-Party Sites.
References to third parties, their products, and/or services does not imply
endorsement by LegalStore.com thereof. The Web Sites may be linked to
other sites, which are not maintained by LegalStore.com. LegalStore.com is not
responsible for the content of those sites. These links are provided for
convenience purposes and are not under the control of the LegalStore.com
Parties. LegalStore.com does not make any representations and warranties,
express or implied, regarding the content of any of these linked sites. The
inclusion of any link to such sites does not imply endorsement, sponsorship, or
recommendation, with respect to any third party, any third party's site, the
content of any third party's site, or any products or services provided by a
third party, by LegalStore.com of the sites. LegalStore.com disclaims any
liability for links: (i) from another site to the Web Sites; and (ii) to
another site from the Web Sites. In order to link to the Web Sites, all users
must comply with Linking Terms provided in Section 13 below. Once you link to
another site, you are subject to the policies and practices of the new
site.
13. Linking Terms.
By linking to the Web Sites, all "Linkers" accept and acknowledge the
following terms of linking: Linker agrees that it will not at any time do or
cause to be done any act or thing in any way impairing the image/reputation of
LegalStore.com in its sole discretion. Linker shall not in any manner represent
that it is endorsed by LegalStore.com or that Linker is acting in a
representative capacity of LegalStore.com. Linker shall not utilize the
LegalStore.com name nor its relationship with LegalStore.com for purposes of or
in any manner which intentionally gives rise to advertising or publicity,
unless LegalStore.com shall consent to such use in writing prior to publication.
Regardless of the foregoing, LegalStore.com reserves the right to rescind this
consent to link to the Web Sites with or without cause at any time. In such
event, Linker shall remove its link to the Web Sites within 24 hours of receipt
of notice from LegalStore.com.
14. Dated Materials.
Materials contained in the Sites or in links from the Sites are dated as of the
date originally issued or indicated on the Material and may no longer be
accurate. LegalStore.com assumes no obligation to update such Materials.
15. Revisions to TOU.
LegalStore.com reserves the right to modify or add to these TOU at any time
without prior notice ("Updated TOU"). You agree that we may notify
you of the Updated TOU by posting them on the Web Sites so that they are accessible
via a link on the home page of the Web Site, and that your use of the Web Site
after we have posted the Updated TOU (or engaging in such other conduct as we
may reasonably specify) constitutes your agreement to the Updated TOU.
Therefore, you should review these TOU before using the Web Sites. The
Updated TOU will be effective as of the time of posting, or such later date as
may be specified in the Updated TOU, and will apply to your use of the Web
Sites from that point forward.
16. Jurisdiction.
The Web Sites are managed by LegalStore.com from its office within California, United States of America. These TOU
shall be governed by and construed in accordance with the laws of the state of California,
without giving effect to any principles of conflicts of laws and will
specifically not be governed by the United Nations Conventions on Contracts for
the International Sale of Goods, if otherwise applicable.
18. LegalStore.com Sales Policies.
Please visit Customer Service section to review LegalStore.com's sales
policies, including details on billing, payment, pricing, order delivery,
returns, rewards and product warranties, which apply to your purchase, unless
you have signed a separate contract with LegalStore.com, in which case, the
terms of that contract will govern.
19. Termination.
LegalStore.com may terminate your use of the Web Sites at any time and for any
reason, with or without cause, without prior notice to you and without any
liability or further obligation of any kind whatsoever to you or any other
party. LegalStore.com also reserves the right to use any technological, legal,
operational, or other means available to enforce these TOU, including without
limitation, blocking specific IP addresses or access to the Web Sites.
20. Miscellaneous.
These TOU and any additional terms provided by LegalStore.com constitute the
entire understanding and agreement between you and LegalStore.com and supersede
any and all prior or inconsistent understandings relating to the Web Sites, the
Materials and the Submissions.
Any
failure of LegalStore.com to exercise or enforce any right or provision of
these TOU will not constitute a waiver of such right or provision. No waiver by
LegalStore.com of any provision of these TOU will be of any force or effect
unless made in writing and signed by a duly authorized officer of
LegalStore.com.
If
any provision of these TOU is held to be illegal, invalid, or unenforceable,
then the provision will be deemed severable from these TOU and will not affect
the validity and enforceability of any remaining provisions. The section titles
in these TOU are inserted only as a matter of convenience and have no legal or
contractual effect. You agree that these TOU will not be construed against
LegalStore.com by virtue of having drafted them.
No
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these TOU. Except as otherwise
expressly provided in these TOU, there will be no third-party beneficiaries to
these TOU.
You understand and agree that LegalStore.com will determine your compliance
with these TOU in its sole discretion. Any violation of these TOU may be
referred to law enforcement authorities.
