blurb-name: terms-of-use

Terms of Use

LAWBIT.COM

Created February 10, 2014

 

Lawbit.com (this "Site") is owned and operated by Michael Howard ("Howard”). 

 

Your Agreement to These Terms of Use

 

Use of this Site is subject to these Terms of Use ("Terms"). WARNING: Read these Terms carefully. By accessing, using, or making contact through, this Site, you are agreeing to be bound by these Terms for any and all purposes. 

 

No Legal Advice/No Attorney-Client Relationship 

 

The information on this Site does not constitute legal advice, and the hiring of legal counsel is recommended before taking any legal action. Sending a contact form submission or email through this Site will not make you a client of any attorney or law firm. You agree that you will not send confidential information through this Site and that nothing sent to this Site or Howard will be legally binding on or against Howard.

 

Changes

 

Howard may change/revise these Terms at any time and without prior notice, by posting the revised version on this Site. Such changes will be effective as of the date posted to this Site. You agree, by using this Site, to be bound by the Terms as currently in effect on a regular basis. 

 

Howard may modify, edit, delete, suspend or discontinue, temporarily or permanently, the Site (or any portion thereof) with or without notice. You agree that Howard will not be liable to you or to any third party for any such changes of or to the Site. You acknowledge that, at any given time, any of the material (including the Content, as defined below) on the Site may be out of date at any given time, and Howard is under no obligation to update such material. 

 

Personal Information Collected/Privacy

 

"Personal information" is information that identifies you, either alone or in combination with other available information, including information you knowingly provide (using your mouse, keyboard, touchpad, or other source) when you use this Site. 

 

Information that is sent automatically by your browser may be collected by Howard. This information typically includes your IP address, Internet Service Provider identity, the name and version of your operating system(s), the name and version of your browser(s), the dates and times of your visits, and the Web and Site pages you visit. An "IP address" is a unique number that is assigned to your computer when you connect to the Internet. It is used to identify your computer's location, so that the information you request can be delivered to you. 

 

Generally, when you access this Site by clicking on a link in an electronic communication you receive from Howard, your browser indicates that someone has clicked on a particular link in that particular electronic communication. This information is used to improve marketing efforts. Server logs used by or connected with this Site may be reviewed for security and fraud prevention purposes. If criminal activity is suspected, Howard may share server logs and the personal information collected through this Site with the appropriate authorities. 

 

This Site uses "cookies" and other Web technologies for a number of purposes, including: 

 

  • Collecting information about the ways visitors use this Site, including which pages are visited, which links are used, and how long visitors stay on each page; 
  • Supporting the features and functionality of this Site, including saving you the trouble of re-entering information already in our database or to prompt the settings you established on previous visits to this Site; and 
  • Personalizing your experience when you use this Site. 
  • If you do not wish to receive cookies, you may set your browser settings to reject cookies or to alert you when a cookie is placed on your computer. You may also delete cookies as soon as you leave this Site. Although you are not required to accept cookies when you visit this Site, you will not be able to use all of the features and functionality of this Site if you set your browser to reject cookies. 

 

Use of Personal Information Collected Through This Site 

 

Generally, use of personal information collected through this Site, is limited to:

 

  • providing information and services; 
  • personalizing the users experience when using this Site; 
  • seeking to understand your interests; 
  • improving the Content and functionality of this Site; 
  • contacting you with information related to use of this Site; 
  • inviting you to participate in surveys and provide feedback (unless you have chosen not to receive such invitations); 
  • verifying accuracy of contact information; 
  • security and fraud-prevention; 
  • personalizing communications; 
  • contacting you with other information and/or services that might be of interest to you (unless you have chosen not to receive such communications); and
  • improving marketing efforts.

 

Sharing Personal Information

 

Howard may share your personal information with third-party service providers, including credit card verification, recruiting, co-sponsors of events, and web hosting service providers. 

 

Howard may disclose personal information when Howard, in good faith, believes disclosure is appropriate to comply with the law or a legal obligation, to prevent or investigate a possible crime (such as fraud or identity theft), to enforce or apply these Terms or other agreements, or to protect any rights, property or safety. Your personal information may be transferred to another lawyer or law firm that purchases the Site. Howard reserves all rights and remedies available, including reporting any breach of these Terms to law enforcement authorities and cooperating with those authorities by disclosing your identity to them.

 

Changes to Personal Information

 

If you wish to access, update or correct your personal information, please use the contact us page at LawBit.com. Howard may ask you for additional information to verify your identity. In some cases, Howard may limit or deny your request if the law so permits or requires or if Howard is unable to verify your identity. Howard reserves the right, subject to applicable law, to charge a reasonable fee to cover costs in providing you with details of the personal information Howard has about you. Howard may supplement the personal information collected through this Site with information from any other source. 

 

Security 

 

This Site has reasonable precautions to provide a level of security appropriate to the sensitivity of the personal information collected. Although reasonable measures to help protect your personal information against unauthorized use or disclosure are employed, Howard cannot guarantee the security of information provided over the Internet or stored in any database. Any transmissions or submissions you make are at your own risk. 

 

Ownership of Site and Content 

 

As used in these Terms, the term "Content" means all of the code used to create and operate this Site, and all of the text, images, graphics, designs, illustrations, audio, video, and other materials provided through this Site. Howard owns all right, title and interest in the Content, including all copyrights, or has rights, title or interest to use the same. The Content of this Site is protected as a compilation under U.S. and international copyright laws and treaties, and Howard owns the copyright in the compilation, including the collection, assembly, selection, coordination and arrangement of the Content of this Site. The text within postings to this Site was created by Howard and does not necessarily reflect the views of Hellmuth & Johnson, PLLC.

 

Howard hereby grants you a limited, revocable license to download and print copies of any portion of the Content of this Site to which you have properly gained access, but only on behalf of your company, if you are accessing this Site on behalf of your company, or for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices. This license is revocable at any time without notice, for any reason or no reason. You may not, and you may not permit others to, “harvest” email addresses, or use any data mining, robots or similar data gathering or extraction methods, in connection with your use of this Site. You may not, and you may not permit others to, copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content or this Site except as expressly provided in these Terms without Howard’s prior written permission. Nothing in these Terms will be construed as transferring any right, title or interest in this Site or the Content to you or anyone else, except the limited license to use this Site and its Content pursuant to these Terms. 

 

Third-Party Content and Links to Other Websites

 

Some of the information, articles and other materials available through this Site are provided to Howard by third parties. Such materials are not endorsed by Howard and no warranty or representation is made with regard to them.

 

This Site may contain links to websites operated by third parties. Howard does not control these sites and do not endorse or assume any responsibility or liability for the information, products and services provided through these third-party sites. Before you use any site operated by a third party, you should review the applicable Terms. If you access a third-party site through this Site, you do so at your own risk. 

 

Trademarks 

 

This Site contains registered and unregistered trademarks of Howard ("Trademarks"). Notwithstanding anything else contained in these Terms, you may not use any Trademarks displayed on this Site without Howard’s prior written permission. 

 

Your Feedback 

 

Any feedback, comments, suggestions or communications (“Contacts”) you provide to Howard through this Site will be owned exclusively by Howard. Your submission of Contacts will constitute an assignment to Howard of all right, title and interest in such Contacts, including all copyrights and all other rights in and to such Contacts. Howard will have the right to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and prepare derivative works based on any Contacts you submit for any purpose whatsoever, without restriction and without compensating you in any way.

 

Your Obligations 

 

You will provide true, accurate, and complete information about yourself. You will use the Site in a manner consistent with any and all applicable laws, rules and regulations. You will not upload or transmit to or through the Site any computer viruses, trojan horses, worms or anything designed to interfere with, interrupt or disrupt the normal operating procedures of a computer, website, or application. Unauthorized modification to, tampering with or change to any Content on this Site, or any interference with the availability of or access to the Site, is strictly prohibited. 

 

Users Who Reside Outside the United States 

 

The servers and databases use for this Site and by Howard are located in the United States and in other countries. Howard may transfer your personal information to third-party service providers and others located in the United States or other countries for the purposes described in these Terms. Privacy laws vary by country and jurisdiction, and some, provide less legal protection for your personal information than others. Regardless of the country in which your personal information is collected, used, transferred or stored, personal information collected through this Site will be protected by these Terms. 

 

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES 

 

UNDER NO CIRCUMSTANCES WILL HOWARD BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES RELATED TO OR PROVIDED THROUGH THIS SITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF HOWARD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES. 

 

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE AGGREGATE LIABILITY OF HOWARD FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED $5.00. 

 

TO THE FULLEST EXTENT PERMITTED BY LAW (I) THIS SITE AND ALL OF THE CONTENT AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, AND (II) HOWARD DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE AND THE CONTENT AND SERVICES MADE AVAILABLE THROUGH THIS SITE. 

 

HOWARD HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY TYPE, KIND, NATURE OR DESCRIPTION WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; AND (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. 

 

Links to this Site 

 

You may link to this Site, provided such links are legal and do not damage the reputation of Howard or this Site, or take advantage of either. You will not establish a link that suggests any form of association, approval, or endorsement. You will not establish a link to this Site from any website that is not owned by you. You will not frame this Site on any other site. Howard reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in these Terms. 

 

Interpretation 

 

As used in these Terms, the term "including" means "including, but not limited to." 

 

Waiver 

 

Howard’s failure at any time to require performance of or enforce any of these Terms or to exercise any right provided for herein or by law will not be deemed a waiver of such provision or such right. No waiver will be effective against Howard unless in writing and signed by Howard. Unless the written waiver contains an express statement to the contrary, no waiver by Howard of any breach of any provision of these Terms or of any right provided for herein or by law will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

 

Severability/Entire Agreement

 

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect. These Terms contain the entire understanding and agreement between you and Howard with respect to this Site (including the use of the Content) and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and Howard with respect to this Site. 

 

Governing Law, Jurisdiction and Venue 

 

Howard is located in Minneapolis, Minnesota, USA. These Terms will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. Any dispute, action or proceeding relating to your use of this Site or any service or the interpretation or enforcement of these Terms will be brought and resolved in state or federal courts located in the State of Minnesota. You consent and submit to the personal jurisdiction of the courts in the State of Minnesota.