By using the Association of Legal Administrator (ALA) websites, you (Visitor/Member) agree to the terms below. ALA can revise these terms at any time. You indemnify ALA from any claim.
ACCEPTANCE OF TERMSThe Association of Legal Administrators (ALA) provides its service, together with information, content, and products, subject to the following Terms of Service (“TOS”), which may be updated by the ALA at any time. The Terms of Service govern the ALA Member Organizations, Affiliate Organizations and/or third parties it has granted access to the ALA website.
DESCRIPTION OF SERVICEThe ALA website currently provides you and other users with access to a rich collection of resources, including various communication tools, forums, file areas, and personalized content through its online interface (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
REGISTRATION OBLIGATIONSTo access and use certain features of the Service you may be required to provide, without limitation, personal information such as your name, company name, email address and login credentials, and/or payment information. You agree to provide current and complete information and you further consent and authorize us to verify information as required for the access of Services, as applicable.
ACCOUNT, PASSWORD AND SECURITYUsers will receive a username and password as part of the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under such password or account. You agree to (a) immediately notify the ALA or its representatives of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from the account at the end of each session. The ALA and its representatives will not be liable for any loss or damage arising from your failure to comply with this Section 4.
INTERACTIVE SERVICESIn connection with your use of the Services you may access forums, discussion groups, bulletin boards and other “Interactive Services.” You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You are responsible for Content you upload and you can be held legally liable for what you post. The ALA and its representatives do not control the Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such Content. Additionally, you agree to release, hold harmless, indemnify and defend the ALA and its representatives from any and all legal or civil actions and penalties and costs, including without limitation attorneys' fees, arising from any Content you transmit
You agree to not use the Service to:
You acknowledge that the ALA and its representatives do not pre-screen Content, but that the ALA and its representatives shall have the right (but not the obligation) in their sole discretion to reclassify within the Service any Content that is available via the Service. Without limiting the foregoing, the ALA and its representatives shall have the right to remove any Content that violates the TOS.
- upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable;
- harm minors in any way;
- impersonate any person or entity, including, or falsely state or otherwise misrepresent its affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes,";
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
GOODS AND SERVICESAll goods and services offered for sale on the ALA Website (collectively, "Products") are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of purchase. Within that time period, you must contact Member Service ([email protected]) and we will coordinate attempts to correct, repair or replace the defective Product. Except as otherwise specifically set forth herein, you may return any unopened, unused Product in its original packaging within 30 days following the date of purchase for a refund (less shipping and handling). No returns shall be accepted following such 30-day period. Sales of any ALA e-Learning course may be eligible for a 100% refund.
We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the ALA Website, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30-day period noted above or for any goods or services not obtained directly on the ALA Website. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers or other e-commerce partners) for it.
If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a refund to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products are offered for sale only to end user customers or as personal gifts to end user customers and not for resale.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes may be added to the amount charged for Products purchased on the ALA Website. If an order consists of multiple items, they may be shipped separately depending on availability.
SPECIAL ADMONITIONS FOR INTERNATIONAL USEYou agree to comply with all applicable laws of the United States regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
INDEMNITYYou agree to indemnify and hold the ALA and its representatives, their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Content you submit, post, transmit or make available through the Service, or breach of the TOS.
NO RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
DEALINGS WITH ADVERTISERSYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the ALA and its representatives shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKSThe ALA website may provide, or third parties may provide, links to other websites or resources. Because the ALA and its representatives have no control over such sites and resources, you acknowledge and agree that the ALA and its representatives are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the ALA and its representatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party sites or resources, or any goods or services available on or through any such site or resource.
ALA's PROPRIETARY RIGHTSYou acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the ALA and its representatives, or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The ALA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on their computer; provided that you do not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the ALA and its representatives for use in accessing the Service.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT ITS SOLE RISK TO THE EXTENT PERMITTED BY LAW. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ALA AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE ALA AND ITS REPRESENTATIVES MAKE NO WARRANTY THAT (i) THE SERVICE AND INFORMATION RECEIVED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, (iii) ANY INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS AND NETWORKS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, VIEWING OR USE OF ANY SUCH MATERIAL.
EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 13 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERSIf you receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, such information is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. The ALA and it representatives, and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
NOTICENotices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Any Notice that you are required or may desire to give to the ALA and its representatives under or in conjunction with the TOS or any agreement between the parties shall be made via email to [email protected] and shall be deemed to have been duly delivered based on the date that the electronic mail is received by the ALA mail servers.
TRADEMARKS AND LOGOSAll trademarks, service marks, trade names or other words or symbols ("Marks") identifying the ALA and its representatives will remain such Party's exclusive property. You agree to not take any action that jeopardizes the other Party's proprietary rights or acquire any rights in the Marks. Except as specifically stated otherwise in an addendum or amendment hereto, no license to use any ALA logo, or the logos of their representatives is granted in this section.
COPYRIGHTS and COPYRIGHT AGENTSThe ALA and its representatives respect the intellectual property of others, and requires you to do the same. If you believe that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, please provide ALA the following information:
Upon receipt of such information, the ALA and its representatives, at its sole discretion, may perform an investigation and may take appropriate action if it desires.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
GENERAL INFORMATIONThe TOS and any Subscription Agreement between you and the ALA and its representatives constitute the entire agreement between you and the ALA and its representatives and govern your use of the Service, superseding any prior agreements between you and the ALA and its representatives. The failure of the ALA or its representatives to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
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