TERMS OF SERVICE
Terms
of Use Agreement
Read This Terms of
Use Agreement Before Accessing the LawStudentGuru.com Website.
Effective Date: This
Terms of Use Agreement (the “Agreement”) was last updated
on May 15, 2006.
This Agreement sets
forth the standards of use of the LawStudentGuru.com online service
(the “Service”). By using the LawStudentGuru.com website
you (the “User”), whether registered or unregistered,
agree to these terms and conditions. If you do not agree to the
terms and conditions of this Agreement you should immediately cease
all usage of this website. We reserve the right, at any time, to
modify, alter, or update the terms and conditions of this Agreement
without prior notice. Modifications shall become effective
immediately upon being posted at the LawStudentGuru.com website (the
“Website”). Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance
of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
Description of
Service
LawStudentGuru.com
was created to provide a community space for law students to meet,
exchange resources and network. Users must provide (1) all equipment
necessary for their own Internet connection, including computer and
modem and (2) provide for User’s access to the Internet, and
(3) pay any fees related to such connection.
Disclaimer of
Warranties.
The
site is provided by LawStudentGuru.com on an “as is” and
“as available” basis. To the fullest extent permitted by
applicable law, LawStudentGuru.com makes no representations or
warranties of any kind, express or implied, regarding the use or the
results of the Website in terms of its correctness, accuracy,
reliability, or otherwise. LawStudentGuru.com shall have no
liability for any interruptions in the use of this Website.
LawStudentGuru.com disclaims all warranties with regard to the
information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is
inapplicable.
Limitation of
Liability
LAWSTUDENTGURU.COM
SHALL NOT be liable for any damages whatsoever, and in particular
LawStudentGuru.com shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits,
loss of revenue, or loss of use, arising out of or related to this
website or the information contained in it, whether such damages
arise in contract, negligence, tort, under statute, in equity, at
law, or otherwise, even if LawStudentGuru.com has been advised of the
possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS Are INAPPLICABLE.
Disclaimer
for Forums, Profiles, Outline/Brief Sharing, and Casebook Market.
LawStudentGuru.com
has not reviewed the posts on the LawStudentGuru.com Forums (the
“Forums”), the LawStudentGuru.com profiles created by its
users (the “Profiles”), any messages exchanged between
members (“Member Messages”), the posts to the Outline /
Brief Sharing board (the “OBS”) or any offers to sell or
purchase casebooks (the “Casebook Market”) and the views
expressed therein are those of the posters and do not necessarily
reflect those of LawStudentGuru.com, it owners, managers, agents,
partners, advertisers or affiliates. LawStudentGuru.com assumes no
responsibility for the LawStudentGuru.com posts (the “Posts”),
the Profiles, Member Messages, posts to the OBS, offers to sell or
purchase materials on the Casebook Market or the information
contained therein, nor do they make any claims, promises or
guarantees about the accuracy, suitability or completeness of any of
the information therein.
By posting or
submitting material on the Forums, you grant LawStudentGuru.com a
royalty-free, perpetual, irrevocable, non-exclusive right (including
any moral rights) and license to use, reproduce, edit, modify, adapt,
publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the submitted content
(in whole or in part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed,
for the full term of any rights that may exist in the content.
You agree that
you will not use the Forums, Profiles or OBS to post any commercial
advertisement or other commercial message. The Casebook Market is for
law students only. Any posts made by non-law student, commercial
ventures will be removed. You agree that you will not post any
knowingly false, defamatory, inaccurate, abusive, harassing, obscene,
sexually oriented or threatening message; sexually oriented material;
or material that is illegally invasive of another person's privacy.
LawStudentGuru.com will attempt to delete any inappropriate posts as
quickly as possible; however, the submissions are generally uploaded
in real-time and are typically not reviewed by LawStudentGuru.com or
its editorial staff before they are uploaded to the Website.
You agree that
you are solely responsible for anything you post on the Forums, in
your Profile, on the OBS or the Casebook Market and that you agree to
indemnify and hold harmless LawStudentGuru.com, its owners and
employees with respect to any claims based upon your
posts/submissions. You further agree that LawStudentGuru.com is in
now way responsible for the payment, delivery or suitability of any
of the materials offered for sale or sold on the site. The users of
the Casebook Market enter such transactions at their own risk.
LawStudentGuru.com
reserves the right to delete, erase or otherwise remove any Post or
Profiles at its sole discretion.
Indemnification
User agrees to
indemnify and hold LawStudentGuru.com, its parents, subsidiaries,
affiliates, officers, employees and contractors, harmless from any
claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of User’s
use of the Service, the violation of this Agreement, or infringement
by User, or other user of the Service using User’s computer, of
any intellectual property or any other right of any person or entity.
Users Account
All registered Users of
the Service shall receive a password and an account. Users are
entirely responsible for any and all activities which occur under
their account whether authorized or not authorized. User agrees to
notify LawStudentGuru.com of any unauthorized use of User’s
account or any other breach of security known or should be known to
the User. User’s right to use the Service is personal to the
User. User agrees not to resell or make any commercial use of the
Service without the express written consent of LawStudentGuru.com.
Modifications and
Interruption to Service
LawStudentGuru.com
reserves the right to modify or discontinue the Service with or
without notice to the User. LawStudentGuru.com shall not be liable
to User or any third party should LawStudentGuru.com exercise its
right to modify or discontinue the Service. User acknowledges and
accepts that LawStudentGuru.com does not guarantee continuous,
uninterrupted or secure access to the Website and operation of
Website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
Third Party Sites
Our website may include
links to other sites on the Internet that are owned and operated by
online merchants and other third parties (“Third Party Sites”).
You acknowledge that we are not responsible for the availability of,
or the content located on or through, any Third Party Site. You
should contact the site administrator or webmaster for those Third
Party Sites if you have any concerns regarding such links or the
content located on such sites. Your use of any Third Party Site is
subject to the terms of use and privacy policies of each site, and we
are not responsible therein. We encourage all Users to review said
privacy policies of any Third Party Sites.
Disclaimer
Regarding Accuracy of Third Party Site Information
Product specifications
and other information have either been provided by the Third Party
Sites or collected from publicly available sources. While
LawStudentGuru.com makes every effort to ensure that the information
on the Website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any information
provided on the Website.
LawStudentGuru.com
makes no warranties or representations whatsoever with regard to any
product provided or offered by any Third Party Site, and User
acknowledges that any reliance on representations and warranties
provided by any Third Party Site shall be at User’s own risk.
Governing Law
The Website is operated
and provided in the State of California. As such, we are subject to
the laws of the State of California, and such laws will govern this
Terms of Use, without giving effect to any choice of law rules. We
make no representation that the Website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access the Website you agree to do so
subject to the internal laws of the State of California.
Compliance with
Laws
User assumes all
knowledge of applicable law and is responsible for compliance with
any such laws. User may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or
other government requirements. User further agrees not to transmit
any material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, national, or international law or
regulation.
Copyright and
Trademark Information
All content included or
available on the Website, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2006
LawStudentGuru.com, with all rights reserved, or is the property of
LawStudentGuru.com and/or third parties protected by intellectual
property rights. Any use of materials on the Website, including
reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data
mining, or other commercial exploitation of any kind, without prior
written permission of an authorized officer of LawStudentGuru.com is
strictly prohibited. User agrees that they will not use any robot,
spider, or other automatic device, or manual process to monitor or
copy our web pages or the content contained therein without prior
written permission of an authorized officer of LawStudentGuru.com.
LawStudentGuru.com™
is a proprietary mark. LawStudentGuru.com’s trademarks may not
be used in connection with any product or service that is not
provided by LawStudentGuru.com, in any manner that is likely to cause
confusion with LawStudentGuru.com’s products or services, or in
any manner that disparages or discredits LawStudentGuru.com.
All other trademarks
displayed on the Website are the trademarks of their respective
owners, and constitute neither an endorsement nor a recommendation of
those Third Party Sites. In addition, such use of trademarks or
links to any Third Party Sites is not intended to imply, directly or
indirectly, that those Third Party Sites endorse or have any
affiliation with LawStudentGuru.com.
Notification of
Claimed Copyright Infringement
Pursuant to Section
512(c) of the Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act, LawStudentGuru.com.com designates the
following individual as its agent for receipt of notifications of
claimed copyright infringement.
By Mail: Administrator
LawStudentGuru.com
6100 Wilshire Blvd.
Ste.
360
Los Angeles, CA 90048
By Telephone:
323-934-3212
By
Email: admin@LawStudentGuru.com
Botnets
LawStudentGuru.com
retains the right, at its sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are
used as command and control points for botnets, LawStudentGuru.com
reserves the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination at our
discretion.
Other Terms
If any provision of
this Agreement shall be unlawful, void or unenforceable for any
reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and
enforceable to the maximum possible extent. User agrees that this
Agreement and any other agreements referenced herein may be assigned
by LawStudentGuru.com, in its sole discretion, to a third party in
the event of a merger or acquisition. This Agreement shall apply in
addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a User.
User agrees that by accepting this Agreement, User is consenting to
the use and disclosure of their personally identifiable information
and other practices described in our Privacy Policy Statement.
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