LawVantage Library - Terms of Use

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Legal Notice: TERMS OF LIBRARY MEMBERSHIP
TERMS OF LIBRARY MEMBERSHIP PLEASE TAKE YOUR TIME AND READ THESE TERMS OF USE CAREFULLY BEFORE JOINING THIS LIBRARY. By using LawVantage.com (SM), which is an Internet Legal Documents Library, you agree to the following terms and conditions. 1. MEMBERSHIP After you have registered as an member and paid the membership fee, you are granted a membership in LawVantage.com (SM), which is an Internet Legal Documents Library, subject to the terms and conditions stated in this Membership Contract. You may download any documents that we offer to our members via this Site up to the number of documents listed on this Site for the membership fee paid by you (the "Maximum Allowable Documents") during the Term of this Agreement. 2. TERM Your Term of membership in LawVantage.com (SM), which is an Internet Legal Documents Library, shall commence on the date that your membership has been activated and shall terminate on the date and time when you download the last of your Maximum Allowable Documents or at 12:00 midnight of the three hundred and sixty-fifth (365th) day after activation of your membership, whichever occurs first. For purposes of this Contract, all time and date references are to the time and date in Irvine, California, United States of America. Example number 1: if your Maximum Allowable Documents is 5 document downloads and you have downloaded zero documents by 12:00 midnight of the three hundred and sixty-fifth (365th) day after activation of your membership, your membership Term will expire on that date and time at 12:00 midnight of the three hundred and sixty-fifth (365th) day after activation of your membership. Example number 2: if your Maximum Allowable Documents is 5 document downloads and you have downloaded five documents by the third (3rd) day after activation of your membership, your membership Term will expire on the date and time of the fifth document download on that third (3rd) day after activation of your membership. If you choose to renew your membership, for each time that you renew your membership by completing the Renewal Form and paying the renewal membership fee, this User Agreement shall continue in force for an additional Term commencing on the date on which your membership renewal has been activated. For members paying their membership registration fee via credit card, membership shall be activated immediately after credit card approval by the banks involved in the transaction. For members paying their membership registration fee via check or money order, membership shall be activated immediately after receipt of payment and receipt of the completed registration form either online or via mail. For members paying their membership registration fee via PayPal, membership shall be activated immediately after receipt of payment from PayPal. 3. PURPOSE The Content available on or through this Site has been made available to you solely for informational and educational purposes. It is not intended to be, and is not a substitute for, professional legal counsel. By accessing, browsing and using this Site, you acknowledge and agree that you understand this limited and restricted use, and that you are not relying upon, and will not rely upon, the Content for legal advice. You acknowledge and agree that you are either (a) a licensed attorney at law and solely responsible for obtaining verification from professional legal materials or (b) not a licensed attorney at law solely responsible for consulting a licensed attorney at law to obtain legal advice. 4. LIMITED RIGHT TO USE You are granted only a "limited non-exclusive license " solely for your own personal use of the Content on this Site. If you are a licensed attorney at law, then in your capacity as a legal professional you may use any document from this Site to prepare similar legal documents for your law clients, your employer and yourself. LawVantage.com, LLC owns and operates this Site. Except as noted above, you, your partners, your employer, your employees and your agents will not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, republish, post, transmit or distribute via any Media, now known or unknown, any Content from this Site to any other entity or individual, without the prior written consent of LawVantage.com, LLC. You also agree that no part of any Content may be reproduced in any form, or incorporated into, any Internet web Site, virtual private network, ASP or CD-ROM disk or any other information retrieval system, electronic or mechanical for sale, distribution or viewing , other than for the use permitted above in this Section 4. It is a condition of your use of this Site that you do not restrict or inhibit any other user from using this Site. 5. EDITING, DELETING AND MODIFICATION LawVantage.com, LLC reserves the right in its sole discretion to edit or delete any documents, information or other Content appearing on or through the Site. 6. LIMITATION OF LIABILITY ALTHOUGH DILIGENT AND REASONABLE EFFORTS HAVE BEEN MADE TO INCLUDE ACCURATE AND UP-TO-DATE CONTENT ON THIS SITE, LAWVANTAGE.COM, LLC SPECIFICALLY MAKES NO REPRESENTATION AS TO THE ACCURACY OF THE CONTENT AND THE APPLICABILITY OF THE CONTENT TO ANY ACTUAL MATTERS, SITUATIONS OR JURISDICTIONS. UNDER NO CIRCUMSTANCES, SHALL LAWVANTAGE.COM, LLC OR ANY OF ITS RELATED, AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT. UNDER NO CIRCUMSTANCES, SHALL LAWVANTAGE.COM, LLC OR ANY OF ITS RELATED, AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE WHETHER DUE TO A PROBLEM WITH YOUR WEB BROWSER, INTERNET CONNECTIVITY OR ANY OTHER REASON. YOU ACKNOWLEDGE AND AGREE THAT THE MAXIMUM LIABILITY OF LAWVANTAGE.COM, LLC FOR ANY DAMAGES SHALL BE THE AMOUNT OF THE MEMBERSHIP FEE PAID BY YOU. YOU ACKNOWLEDGE AND AGREE THAT LAWVANTAGE.COM, LLC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR HACKER. 7. DISCLAIMER LAWVANTAGE.COM, LLC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONTENT OF THIS SITE AND LAWVANTAGE.COM, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LAWVANTAGE.COM, LLC MAY, FROM TIME TO TIME, PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER LAWVANTAGE.COM, LLC NOR ITS RELATED, AFFILIATED COMPANIES OPERATE OR CONTROL ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE THIRD PARTY MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, LAWVANTAGE.COM, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, LAWVANTAGE.COM, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE THIRD PARTY MATERIALS ON THE THIRD PARTY SITES. 8. COPYRIGHT AND TRADEMARKS The entire Content of this Site are owned by LawVantage.com, LLC or its Licensors and are protected by the United States Copyright laws and international treaty provisions. Therefore, you must treat all materials as any other copyrighted materials except that you may use the information and materials subject to the limitations and restrictions of use described herein. LawVantage® is the trademark of LawVantage.com, LLC by written assignment. LawAnytime (SM), LawAnytime.com (SM) and LawVantage.com (SM) are the service marks of LawVantage.com, LLC. All other trademarks, service marks, and logos used and displayed on this Site are registered to and/or owned by their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Site, without the prior written consent and permission of LawVantage.com, LLC or the respective owners. NO CLAIM is made by LawVantage.com, LLC to copyrighted materials, trademarks, service marks, and logos registered to and/or owned by any suppliers or providers, referenced in and/or linked to this LawVantage.com Site. 9. JURISDICTION LawVantage.com, LLC controls and operates this Site from its headquarters in Irvine, California, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws. This Contract shall be treated as though it were executed and performed in Irvine, California, and shall be governed by and construed in accordance with the local domestic laws of the State of California of the United States of America (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Contract shall be in the English language and be filed solely in the state or federal Courts located in Orange County, California, the United States of America. You expressly submit to the exclusive jurisdiction of the courts in Orange County, California and consent to extra-territorial service of process including services of process via mail. 10. TERMINATION AND SURVIVAL OF CLAUSES This Contract shall be effective from the effective date of your library membership until the expiration or termination date of your library membership including any renewal(s) thereof. Provisions no. 3 through 12 shall survive the expiration or the earlier termination of this Contract. 11. MISCELLANEOUS Any cause of action with respect to the Content, the Site or this Contract must be instituted within twelve (12) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 6 and 7. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of LawVantage.com, LLC to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Contract may only be amended by either the same electronic means as were used to enter into this Contractor in a writing that specifically refers to this Contract, executed by both parties to this Contract. 12. DEFINITIONS a. The term "Content" shall mean any and all news, notices, articles, text, contracts, forms, documents, document summaries, lists of key provisions and other information that may be viewed on or downloaded from or through this Site. b. The term "LawVantage.com, LLC" shall mean LawVantage.com, LLC, a California limited liability company, its officers, directors, managers, members (owners), employees, subsidiaries, affiliates and its and their successors and assigns. c. The phrase “Maximum Allowable Documents” shall mean the number of documents listed on this Site for the membership fee paid by you. LawVantage.com, LLC reserves the right in its sole discretion to (1) add document credits to any account for any reason at any time, or (2) publish, via e-mail, direct mail, the Internet or any other Media, a temporary or permanent change in the number of Maximum Allowable Documents and corresponding membership fee that differs from what is currently published on this Site, or (3) do both (1) and (2). d. The term "Media" shall mean any and all print, electronic, computer assisted, Internet-based or other Media now known or hereafter existing. e. The phrase "this Site" shall mean the Internet Site identified generally by the URL www.lawvantage.com and all pages linked to that URL which pages are posted and operated by LawVantage.com, LLC or its agents. The phrase "this Site" shall exclude each page linked to the URL www.lawvantage.com which linked page has a URL that does not start with either "www.lawvantage.com" or "lawvantg.securesites.com" such as the URL www.lawanytime.com.

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