Last Updated: September 25, 2013
1. ACCEPTANCE OF TERMS
THESE TERMS OF USE (THE “TERMS”) GOVERN YOUR USE OF STREET LAW,
INC.’s (“STREET LAW”) WEBSITE, DOMAINS, SERVICES, AND ANY SUBDOMAIN OF
THE FOREGOING (COLLECTIVELY, THE “WEBSITE”). PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THE WEBSITE AS THEY CREATE A LEGALLY BINDING
CONTRACT BETWEEN YOU AND STREET LAW. BY ACCESSING, BROWSING, OR
OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. YOU ALSO REPRESENT
AND WARRANT THAT YOUR USE OF THE WEBSITE WILL COMPLY WITH ANY AND ALL
APPLICABLE LAWS AND REGULATIONS. IF ANY TIME YOU DO NOT AGREE TO THESE
TERMS, INCLUDING AS AMENDED BY STREET LAW IN ITS SOLE DISCRETION FROM
TIME TO TIME, YOU SHOULD IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE.
YOU MAY RECEIVE A COPY OF THESE TERMS BY EMAILING US AT
CLEARINGHOUSE@STREETLAW.ORG AND IDENTIFYING THE SUBJECT LINE OF THE
EMAIL AS “TERMS OF USE.”
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.
3. PRIVACY POLICY
The Street Law Privacy Policy is incorporated into these Terms by
reference. Please read the Privacy Policy carefully for details relating
to the collection, use, and disclosure of information.
4. MODIFICATION OF THE TERMS
Street Law reserves the right to revise these Terms at any time and
from time to time, with our without specific notice to you other than
through posting such modified Terms on the Website. Your continued use
of the Website after the posting of any revisions constitutes your
binding acceptance of such revisions. The date of last revision of these
Terms will be identified at the top of these Terms. If you are
dissatisfied with the Website, the content thereon, or the Terms or the
Privacy Policy, then you agree that your sole and exclusive remedy is to
discontinue using the Website. Notwithstanding the preceding sentences
of this Section 4, no revisions to these Terms will apply to any dispute
between you and Street Law that arose prior to the date of such
revision.
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.
6. CONSIDERATION
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
clearinghouse@streetlaw.org 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.
- 12.2 License Grant from You to Street Law.
Except as expressly provided in Street Law’s privacy policy, you hereby
grant Street Law an unrestricted, assignable, sublicensable, revocable,
royalty-free license throughout the universe to reproduce, distribute,
publicly display, transmit, communicate to the public, publicly perform
(including by means of digital audio transmissions) on a
through-to-the-audience basis, create derivative works from, and
otherwise use and exploit (collectively, “Use”) all User Content you
upload to or through the Website on and through the Website, including
through transmissions to Reference Sites, and to advertise, market and
promote the Website, Street Law and any Publications published by Street
Law, through any media and formats now known or hereafter developed,
including Reference Sites. You further grant Street Law a royalty free
license to Use your name in furtherance of Street Law’s exercise of any
rights granted to it in the preceding sentence.
- 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
clearinghouse@streetlaw.com. 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 clearinghouse@streetlaw.org.
- 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 clearinghouse@streetlaw.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.
14. ACCOUNT
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 clearinghouse@streetlaw.org 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.
16. INDEMNITY
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: clearinghouse@streetlaw.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 clearinghouse@streetlaw.org 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 web@streetlaw.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. MISCELLANEOUS
- 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.
- 20.5 Survival.
The provisions of these Terms that are intended to survive the
termination of these Terms by their nature will survive the termination
of these Terms, including, but not limited to, Sections 2 (No Legal
Advice), 3 (Privacy Policy), 7 (Service Security), 8 (Ownership;
Proprietary Rights), 10 (Third-Party Websites), 11.8 (Title), 11.9
(License to Digital Publications), 13 (Prohibited Uses), 14 (Account),
16 (Indemnity), 17 (Disclaimers; No Warranties), 18 (Limitation of
Liability and Damages), 19 (Notice and Procedure for Making Claims of
Copyright or other Intellectual Property Infringements), 20 (Dispute
Resolution), and 21(Miscellaneous).
- 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:
clearinghouse@streetlaw.org.