Website Use Terms & Conditions – Trademark Law Review

Website Use Terms and Conditions

PLEASE READ THESE WEBSITE USE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. YOU AGREE THAT BY USING THIS WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

This website (www.smallbusinesslawreview.com) is owned and maintained by Virtual Law Publications, a division of Orthos Logos, LLC, a South Carolina limited liability company (hereinafter, “We,” “Our,” and “Us”). By using this website or using or accessing any data or information made available through or because of this website [with the website and its data, images, information, materials, and service(s) collectively referred to herein as the “Website”] you, both individually and jointly and severally with any party, organization, or entity for which you access the Website in a representational capacity (individually, collectively, jointly, and severally referred hereinafter as “You” and “Your”), acknowledge that You have read, understood, and agree to be legally bound by these Website Use Terms and Conditions (hereinafter, “Agreement”).

1. Use of Web Site. Except as otherwise expressly set forth herein, we grant You a non-exclusive, non-transferable license to use the Website and the information contained in, or generated by, it for educational purposes only. Such information shall not be collected, reconstituted, compiled, or otherwise used by You, whether in whole or in part, for the purpose of reselling, sharing, distributing, or making such information publicly accessible, or for any other commercial purpose. Any subsequent access to the Website shall constitute a reaffirmation of Your obligations and Our rights under this Agreement and Your agreement to any modifications or amendments hereto or thereto by Us.

2. Not Attorneys or an Attorney Referral Service. We are not attorneys and do not provide legal advice. Nor are we an attorney referral service. We do not collect fees for any referral. We make no representation whatsoever with regard to any attorney whose information is made available on or through this Website or with regard to the quality of his or her legal services. Nor do we limit the number of attorneys whose information appears on the Website, except for such limitations or restrictions set forth in Our Subscriber or other agreement(s) with participating attorneys. Rather, we offer attorneys both free and paid subscriptions to display biographical and other information intended to help better inform the public. Some listings on the site, therefore, may be paid for by or on behalf of the attorney.

3. Privacy Policy. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of Our current privacy policy can be found elsewhere on this Website. Our privacy policy is expressly incorporated into this Agreement by this reference.

4. Affiliated Sites. We have no control over, and no liability for any third party websites or materials. We may advertise or link to affiliated websites or work with partners and affiliates whose advertisements may be displayed on this Website and whose own websites may be linked with this Website. However, with regard to any third party advertisement, claim, representation, or website, We make no guarantees about the accuracy, currency, content, or quality of the information provided by such third party websites, and We assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Similarly, from time to time in connection with Your use of this Website, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that We make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

5. Copyright, Trademark, and Limitations on Use. The design, images, and content of this Website are protected by United States and international laws, including, without limitation, copyright laws, intellectual property laws, and treaties. The trademarks, service marks and logos used and displayed on this Web site belong to Us or others. Nothing on this Web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this Website, or copyrighted work in part or whole, without the prior written permission of the trademark or copyright owner, as appropriate. Except for the specific rights licensed to you hereunder. We reserve all of our rights to the Website, its design, and content. By using the Website, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, print or circulate any of the contents of this Website to anyone unless expressly approved in a writing signed by Us. You also agree not to access or download databases or information associated with the Website by unauthorized electronic means (i.e. hacking or automated scripts).

7. Prohibited Uses. We impose certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Website and its service(s). Any violation of system or network security may subject you to civil and/or criminal liability.

8. Indemnification. You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, members, managers, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement . You shall use your best efforts to cooperate with Us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.

8. Disclaimer of Representations and Warranties. THE WEB SITE AND ITS DATA AND CONTENT ARE PROVIDED “AS IS” AND FOR GENERAL EDUCATIONAL PURPOSES ONLY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS WEBSITE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR THE OPERATION OF THE WEBSITE OR ANY DATA, CONTENT, OR IMAGES ACCESSIBLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE OTHER SITES OF OURS (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY DATA OR INFORMATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MUCH, MOST, OR ALL OF THE DATA OF ATTORNEYS IS PROVIDED TO US BY ATTORNEYS OR OTHER PARTIES PRESUMED BY US TO BE THE AUTHORIZED AGENTS OR REPRESENTATIVES OF THE ATTORNEYS. WE DO NOT REPRESENT OR WARRANT THAT ANY SUCH INFORMATION, DATA, OR FILES PROVIDED TO US BY OUTSIDE PARTIES IS ACCURATE OR UP TO DATE AND YOU ARE HEREBY ADVISED, AND AGREE TO, INDEPENDENTLY CONFIRM THE CURRENT VERACITY OF SUCH INFORMATION, DATA, OR FILES. THE INFORMATION ON THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE THE INFORMATION ON THIS SITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR BY ANY AUTHORIZED REPRESENTATIVE OF OURS SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

9. Limitation of Liability. TO THE EXTENT PERMITED BY LAW, WE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR NEGLIGENCE, OMISSION, LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT, EQUITY, OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE DATA, INFORMATION, IMAGES, OR FUNCTIONS AVAILABLE THROUGH THE WEB SITE, EVEN IF WE HAVE 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR ITS CONTENTS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EQUITY, OR OTHERWISE] EXCEED THE AMOUNT PAID BY YOU TO US FOR USE OF, AND ACCESS TO, THE WEBSITE FOR YOUR MOST RECENT SUBSCRIPTION PERIOD, IF ANY, OR $50, WHICHEVER IS LESS.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Modification to Terms and Conditions without Prior Notice. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME AND WITHOUT ADVANCED NOTICE TO YOU. PLEASE CHECK THE TERMS OF THE AGREEMENT ON THIS WEB SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES. WE WILL POST A NOTICE ON THE WEBSITE AND/OR ON THIS PAGE ANY TIME THIS AGREEMENT BEEN CHANGED OR OTHERWISE UPDATED. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY, AND IF AT ANY TIME YOU FIND THIS AGREEMENT UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THIS WEBSITE AND CEASE ALL USE OF THE WEBSITE.

11. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

7. Termination. Your rights to access this Website will be terminated in the event of default under the Agreement. Subscription periods run as expressly indicated at the time of Your Subscription. We have no obligations whatsoever to maintain the Web Site or provide support to You or any other party that is not a paid subscriber. The rights of non-paid subscribers to use this Web Site may be terminated by Us at any time and without notice.

12. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Richland County, State of South Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. This is the entire agreement between You and Us relating to the subject matter herein and shall be modified only by Us as expressly provided for herein.

March 12, 2013