Terms and Conditions Welcome to the eCasebriefs.com Web site, owned and operated by Casebriefs LLC
I. ONLINE CONDUCT
User agrees to use the eCasebriefs.com Website only for lawful purposes. User is prohibited from posting on or transmitting through the eCasebriefs.com Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If eCasebriefs.com is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the eCasebriefs.com Website (collectively “Content”) provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, eCasebriefs.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the eCasebriefs.com Website. eCasebriefs.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the eCasebriefs.com Website; or (iii) to protect the rights or property of eCasebriefs.com and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, “eCasebriefs.com Providers”) and any other User.
eCasebriefs.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, eCasebriefs.com, the eCasebriefs.com Website, the communities that make up the eCasebriefs.com Website, or any rights of eCasebriefs.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, no eCasebriefs.com Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no eCasebriefs.com Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the eCasebriefs.com Website.
eCasebriefs.com®, Casebriefs® are trademarks or service marks of Gray Publishing & Media, Inc. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of eCasebriefs.com and its licensors used on the eCasebriefs.com Website may not be used without prior written consent of eCasebriefs.com or its licensor, as the case may be. Without limiting the foregoing, no eCasebriefs.com trademark or trade dress may be used in connection with any product or service that is not eCasebriefs.com’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits eCasebriefs.com.
a. Proprietary Rights
User acknowledges that the eCasebriefs.com Website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and eCasebriefs.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the eCasebriefs.com Website to either a foreign national or a foreign destination in violation of such laws.
V. AGE OF USERS
eCasebriefs.com does not intend the eCasebriefs.com Website to be used by minors under the age of 13. Furthermore, eCasebriefs.com does not market the eCasebriefs.com Website for use by minors under the age of 13. eCasebriefs.com relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the eCasebriefs.com Website are appropriate for view or access by such Users.
VI. TERMINATION OF USAGE
eCasebriefs.com may suspend or terminate any User’s access to all or any part of the eCasebriefs.com Website including any account thereon, without notice, for any reason in eCasebriefs.com’s sole discretion, including without limitation eCasebriefs.com’s belief that such access would violate any applicable law or would be harmful to the interests of any eCasebriefs.com Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User’s eCasebriefs.com account password confidential and (ii) restricting access to such User’s computer. Each User agrees to accept full responsibility for all activities that occur within such User’s eCasebriefs.com account.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE ECASEBRIEFS.COM WEBSITE IS PROVIDED BY GRAY PUBLISHING & MEDIA, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH ECASEBRIEFS.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO ECASEBRIEFS.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE ECASEBRIEFS.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE ECASEBRIEFS.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ECASEBRIEFS.COM WEBSITE; OR (IV) THAT THE ECASEBRIEFS.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF ECASEBRIEFS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ECASEBRIEFS.COM PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE ECASEBRIEFS.COM WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE ECASEBRIEFS.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY ECASEBRIEFS.COM PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY ECASEBRIEFS.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ECASEBRIEFS.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE ECASEBRIEFS.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ECASEBRIEFS.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE ECASEBRIEFS.COM WEBSITE.
NO ECASEBRIEFS.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE ECASEBRIEFS.COM WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH ECASEBRIEFS.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
X. APPLICABLE LAW; JURISDICTION
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida and of the United States of America located in the State of Florida for any litigation arising out of or relating to use of or purchase made through the eCasebriefs.com Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida Courts and agrees not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum.
XI. BINDING ARBITRATION