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Terms of Use |
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BARRISTERS CLUB
sm TERMS AND CONDITIONS OF USE FOR THE BARRISTERS CLUB sm OF
DELAWARE COUNTY, PENNSYLVANIA WEB SITE
The BARRISTERS CLUBsm
Web site, including all of its features (the "Web Site"), is a service
made available by Delcolaw.com, Inc. t/a Barristers Club ("BARRISTERS CLUB
sm"), and all content including postings in the Members Only Area
("Postings"), information and software provided on and through the Web
Site ("Content") may be used solely under the following terms and
conditions.
1.
Web Site Limited License.
As a user of this Web Site you are granted a nonexclusive, nontransferable,
revocable, limited license to access and use the Web Site and Content in
accordance with these Terms of Use. BARRISTERS CLUB sm may terminate
this license at any time for any reason.
2.
Limitations on Use.
The Content on this Web Site is for personal use only and not for commercial
exploitation. Notwithstanding the foregoing, to the extent this Web Site
provides electronic commerce, such buying opportunities may be made available
for group as well as personal purchasing, so long as you are authorized to make
purchases on behalf of such group. You may not decompile, reverse engineer,
disassemble, rent, lease, loan, sell, sublicense, or create derivative works
from the Web Site or the Content. Nor may you use any network monitoring or
discovery software to determine the site architecture, or extract information
about usage or users. You may not use any robot, spider, other automatic device,
or manual process to monitor or copy our Web Site or the Content without
BARRISTERS CLUB’s prior written permission. You may not copy, modify,
reproduce, republish, distribute, display, or transmit for commercial,
non-profit or public purposes all or any portion of the Web Site, except to the
extent permitted above. You may not use or otherwise export or re-export the Web
Site or any portion thereof, the Content or any software available on or through
the Web Site in violation of the export control laws and regulations of the
United States of America. Any unauthorized use of the Web Site or its Content is
prohibited.
3.
Not Legal Advice.
Content contained on or made available through the Web Site is not intended to
and does not constitute legal advice and no attorney-client relationship is
formed, nor is anything submitted to this Web Site treated as confidential,
unless it is an attorney-client communication submitted via our Member E-Mail or
Lawyer Referral programs. The accuracy, completeness, adequacy or currency of
the Content is not warranted or guaranteed. Your use of our Member E-Mail
program, Lawyer Referral program, information on the Web Site, or materials
linked from the Web Site is at your own risk.
For more information on using our Member E-mail and Lawyer Referral
programs, click here.
4.
Intellectual Property Rights.
Except as expressly provided in these Terms of Use, nothing contained herein
shall be construed as conferring any license or right, by implication, estoppel
or otherwise, under copyright or other intellectual property rights. You agree
that the Content and Web Site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. For further information see
Copyright.
5.
Digital
Millennium Copyright Act — Notification of Alleged Copyright
Infringement. BARRISTERS CLUB sm
intends to register an agent with the United States Copyright Office in
accordance with the terms of the Digital Millennium Copyright Act (the
"Act") and further intends to avail itself of the protections under
the Act. BARRISTERS CLUB sm reserves the right to remove any Content
that allegedly infringes another person's copyright. Notices to BARRISTERS CLUB
sm regarding any alleged copyright infringement should be directed to
Albert M. Greto, Esquire at 319 W. Front Street, Media, Pennsylvania 19063,
610.891.6560, or via e-mail to legalnotices@barristersclub.com.
6.
Linking to the Web Site.
You may provide links only to the homepage of this Web Site, provided (a) you do
not remove or obscure, by framing or otherwise, advertisements, the copyright
notice, or other notices on this Web Site, (b) you give BARRISTERS CLUB sm
notice of such link by sending an e-mail to legalnotices@barristersclub.com
and (c) you discontinue providing links to this Web Site if requested by
BARRISTERS CLUB sm. If
you wish to provide links to a section within the Web Site, you should forward
your request to BARRISTERS CLUB sm at legalnotices@barristersclub.com
and BARRISTERS CLUB sm will notify you if permission is granted, and
if so the terms and conditions of the permission.
7.
License of Your Content to BARRISTERS
CLUB sm.
By uploading content to, submitting any materials for use on the Web Site, you
grant (or warrant that the owner of such rights has expressly granted)
BARRISTERS CLUB sm a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known or
later developed throughout the universe.
8.
No Solicitation.
Users shall not distribute on or through the Web Site any content or material
containing any advertising, solicitation for goods, services or funds or
solicitation for Users to become members of any enterprise or organization
without the express written permission of the BARRISTERS CLUB sm.
Notwithstanding the foregoing, Users a) may list along with their name, address
and email address, their own web site's URL and b) may recommend third party Web
sites, goods or services so long as they have no financial interest in and
receive no direct or indirect benefit from such recommended Web site, product or
service or its recommendation. In no event may any person or entity solicit any
Users with data retrieved from this Web Site.
9.
Advertisers.
This Web Site may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted for inclusion
on the Web Site is accurate and complies with applicable laws. BARRISTERS CLUB
sm will not be responsible for the illegality of or any error or
inaccuracy in advertisers' or sponsors' materials.
10.
Registration.
Certain sections of this Web Site require you to register. If registration is
requested, you agree to provide BARRISTERS CLUB sm with accurate,
complete registration information. It is your responsibility to update your
BARRISTERS CLUB sm plan with any changes to that information. Each
registration is for a single User only, unless specifically designated otherwise
on the registration page. BARRISTERS CLUB sm does not permit a) any
other person using the registered sections under your name; or b) access through
a single name being made available to multiple users on a network. You are
responsible for preventing such unauthorized use. If you believe there has been
unauthorized use, you must notify BARRISTERS CLUB sm immediately by
emailing legalnotices@barristersclub.com.
11.
Additional Terms Members entering the
Members Only Area.
The Members Only Area is an online community offered for members only
on the Web Site. It is not intended to be a community where consumers seek legal
advice and nothing therein should be construed as such. The Members Only Area
may include online discussion groups, bulletin boards, chat areas, seminars,
forums, conferences, panels, mailing lists or other interactive services, events
or space. While the Web Site may be accessed by anyone, the Members Only Area is
intended for use solely by members ("Members").
11.1.
Members Limited License to use the Members
Only Area. Members
are granted a nonexclusive, nontransferable, revocable, limited license to
access and participate in the Members Only Area solely for the purposes of
interacting with other Members regarding legal issues and current legal trends.
Users who are not attorneys are not granted a license to access the Postings set
forth in the Members Only Area.
11.2.
Postings to be Lawful.
Members in the Members Only Area or other interactive areas on this
Web Site should not post, publish, upload or distribute any messages, data,
information, text, graphics, links or other material ("Postings")
which is unlawful or abusive in any way, including but not limited to any
Postings that are defamatory, libelous, pornographic, obscene, threatening,
invasive of privacy or publicity rights, inclusive of hate speech, or would
constitute or encourage a criminal offense, violate the rights of any party, or
give rise to liability or violate any local, state, federal or international
law, or the regulations of the U.S. Securities and Exchange Commission, any
rules of any securities exchange such as the New York Stock Exchange, the
American Stock Exchange, or the NASDAQ, either intentionally or unintentionally.
BARRISTERS CLUB sm may delete your Posting at any time for any reason
without permission from you.
11.3.
Postings to be in Your Name.
Your Postings should be accompanied by your real name and should not
be posted anonymously. Members shall not misrepresent their identity or their
affiliation with any person or entity.
11.4.
No Monitoring of Postings.
BARRISTERS CLUB sm has no obligation nor does it intend to edit,
monitor or screen Members' Postings and is not responsible for the content in
such Postings or any content linked to from such Postings. Notwithstanding the
foregoing BARRISTERS CLUB sm reserves the right to monitor from time
to time, some, all, or no community areas for adherence to the Terms of Use and
to remove any materials that may be objectionable or violate the Terms of Use.
11.5.
Non-Commercial Use Only of the Members Only
Area. The Members Only Area is
provided solely for Members’ personal use. Members shall not include in their
Postings or otherwise distribute on the Members Only Area any content or
material containing any advertising, promotion, solicitation for goods, services
or funds or solicitation for Members to become members of any commercial
enterprise or organization without the express written permission of the
BARRISTERS CLUB sm. Any unauthorized use of the Members Only Area,
its Content or Postings is expressly prohibited.
11.6.
Members Only CLE and Discussion Moderators.
To the extent these Terms of Use conflict with a particular term of a
Contract Service Agreement, the Contract Service Agreement shall control that
term.
12.
Errors and Corrections.
BARRISTERS CLUB sm does not represent or warrant that the
Web Site will be error-free, free of viruses or other harmful components, or
that defects will be corrected. BARRISTERS CLUB
sm does not warrant or represent that the information available on
or through the Web Site will be correct, accurate, timely, or otherwise
reliable. BARRISTERS CLUB sm
may make improvements and/or changes to its features, functionality or Content
at any time.
13.
Third Party Content.
Third party content may appear on this Web Site or may be accessible via links
from this Web Site. BARRISTERS CLUB
sm shall not be responsible for and assumes no liability for any
mistakes, misstatements of law, defamation, slander, libel, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content contained in any third party
content appearing on the Web Site. You understand that the information and
opinions in the third party content is neither endorsed by nor does it reflect
the belief of BARRISTERS CLUB sm.
14.
DISCLAIMER.
BARRISTERS CLUB
sm cannot control the timing or volume of attempts to access
the server hosting the Web Site. As
a result, BARRISTERS CLUB
sm does not guarantee that Users, Members, or any third
parties will be able to access the Web Site at any particular time.
BARRISTERS CLUB
sm SERVICES ARE PROVIDED ON AN “AS-IS, AS-AVAILABLE”
BASIS. BARRISTERS
CLUB sm shall
not be liable for any inability to access its services or the Web Site.
You expressly agree that use of BARRISTERS
CLUB’s services or the Web site
is at your own risk. Neither BARRISTERS
CLUB sm, its employees, agents, third party information providers, third party
data communications providers warrant that BARRISTERS
CLUB’s services or the Web
Site will not be interrupted or error-free; nor do they make any warranty as to
the results that may be achieved from the use of such services or Web Site or as
to the accuracy, reliability or content of any information or merchandise
contained in or provided through such services or Web Site.
BARRISTERS CLUB
sm EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BARRISTERS CLUB sm
DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE
OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS
IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO
TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES
OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB
SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE
UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB
SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB
SITE.
15. LIMITATION
OF LIABILITY.
BARRISTERS CLUB sm shall
not be liable for any lost, missing, damaged, or inaccurate data accessed via
its services or Web Site and shall not be liable for any malfunctions arising
from any of BARRISTERS CLUB’s
actions or omissions, whether negligent or reckless.
BARRISTERS CLUB
sm WILL NOT BE RESPONSIBLE FOR ANY DAMAGE YOU MAY SUFFER, INCLUDING LOSS OF
DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, OR SERVICE
INTERRUPTIONS OR BARRISTERS CLUB’s
ERRORS OR OMISSIONS. USE OF ANY
INFORMATION OBTAINED VIA BARRISTERS CLUB
sm
IS AT YOUR OWN RISK. BARRISTERS
CLUB sm SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF
INFORMATION OBTAINED BY OR DISTRIBUTED THROUGH ITS SERVICES OR WEB SITE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLICENCE, SHALL BARRISTERS
CLUB sm, ITS OFFICERS, AGENTS OR ANYONE ELSE ASSOCIATED WITH THE DESIGNING,
IMPLEMENTING, PRODUCING OR DISTRIBUTING INFORMATION VIA BARRISTERS
CLUB sm BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEB SITE OR
SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE, WHETHER LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO BARRISTERS CLUB’S RECORDS, SOFTWARE,
PROGRAMS, SERVERS OR SERVICES. YOU
HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL OF BARRISTERS
CLUB’s SERVICES, INCLUDING THE WEB SITE.
NOTWITHSTANDING THE ABOVE, YOUR EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTIONS, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR
OTHERWISE, SHALL NOT EXCEED $100.00, OR IF YOU ARE A MEMBER, A REFUND OF YOUR
SEMI-ANNUAL MEMBERSHIP FEE.
16.
Unlawful Activity.
BARRISTERS CLUB sm
reserves the right to investigate complaints or reported violations of our Terms
of Use and to take any action we deem appropriate including but not limited to
reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to User profiles, e-mail
addresses, usage history, posted materials, IP addresses and traffic
information.
17.
Indemnification.
You are solely liable for any content, messages or other information you
transmit, provide or upload to the Web Site. You agree to indemnify and hold
harmless BARRISTERS CLUB sm
from any third party claim, action, demand, loss, or damages (including
attorney's fees and costs) arising out of or relating to your violation of these
Terms of Use, your use of the Web Site, or your violation of any rights of a
third party.
18.
Remedies for Violations.
BARRISTERS CLUB sm
reserves the right to seek all remedies available at law and in equity for
violations of these Terms of Use, including but not limited to the right to
block access from a particular Internet address to the BARRISTERS CLUB's Web
sites and their features.
19.
Governing Law and Jurisdiction.
The Terms of Use are governed by and construed in accordance with the
laws of the Commonwealth of Pennsylvania and any action arising out of or
relating to these terms shall be filed only in state or federal courts located
in Pennsylvania and you hereby consent and submit to the personal jurisdiction
of such courts for the purpose of litigating any such action.
20.
Privacy.
Your use of the Web Site is subject to BARRISTERS CLUB's Privacy
Policy, available through this link.
21.
Severability of Provisions.
These Terms of Use incorporate by reference any notices contained on the
Web Site, and constitute the entire agreement with respect to access to and use
of the Web Site. If any provision of these Terms of Use is unlawful, void or
unenforceable, then that provision shall be deemed severable from the remaining
provisions and shall not affect their validity and enforceability.
22.
Modifications to Terms of Use.
BARRISTERS CLUB sm
reserves the right to change these Terms of Use at any time. Updated versions of
the Terms of Use will appear on this Web Site and are effective immediately. You
are responsible for regularly reviewing the Terms of Use. Continued use of the
Web Site after any such changes constitutes your consent to such changes.
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