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Terms and Conditions of Use; Privacy Policy
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement ("Agreement") with respect to Web Lawyer eBooks and the Web-Lawyer website (hereinafter, the "eBook"'). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the eBook, all products provided by Web Lawyer or through the Web Lawyer website, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Web Lawyer website, and you should review this Agreement periodically. Our privacy policy, and the effective date of our privacy policy, may be found at paragraph 14 below.
2. eBooks & Included Services. Web Lawyer eBooks are materials to assist you in representing yourself on various Internet law matters.
3. No Attorney-Client Relationship. The Web Lawyer eBook is designed to assist you in representing yourself on various Internet law matters. Buy purchasing or using a Web Lawyer eBook, you are not hiring a lawyer, and the authors of Web Lawyer eBooks do not know anything about the specific facts of any legal matter that you are facing. Furthermore, the instructions and guidance you may receive in Web Lawyer eBooks are not targeted toward any circumstances or objectives of any specific person. You understand that nothing in this Agreement or any other aspect of the relationship between you and Web Lawyer and the Web Lawyer eBook gives rise to an attorney-client relationship between you and Web Lawyer or the eBook authors. Additionally, you hereby acknowledge and understand that the attorney or attorneys who drafted the eBook may not be licensed to practice law in the state where you reside.
4. Your Responsibilities.
a. You are responsible for the use of your membership account by anyone using your membership account. You are responsible for insuring that any user of your account fully complies with the Terms & Conditions of this Service.
b. You must be eighteen (18) years of age to use the service, and by agreeing to these terms and using there Service you hereby represent and warrant that you are at least eighteen years of age.
c. You agree to inform Web Lawyer of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a username, or password. Until Web Lawyer is notified, by electronic or conventional mail of a breach of security, you will remain liable for any unauthorized use of your Web Lawyer account.
d. You agree to use Web Lawyer Services in a manner consistent with any and all applicable federal and state laws and regulations.
e. If you violate the restrictions in these Terms & Conditions of Service, you agree to indemnify Web Lawyer for any losses, costs, or damages, including reasonable attorneys fees incurred by Web Lawyer and relating to, or arising out of a breach of this agreement, to include private or governmental action relating to spam email. You, not Web Lawyer, are responsible for your behavior and the behavior of those who use your Web Lawyer account.
5. Price & Payment. The price of the eBook is reflected on the Web Lawyer website. The eBook may be offered at a lower price through various partner programs.
6. Refund & Return Policy. Web Lawyer will refund the purchase price of Web Lawyer products for any reason whatsoever, within 12 weeks after purchase.
After 12 weeks all sales are final. To inquire about a refund, email us at W E B L A W Y E R H E L P @ G M A I L . C O M.
7. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, alleged liability, loss, claim and expense, including reasonable attorneys' fees, related to a) the agreement and your violation of this Agreement, b) any actions you take in reliance upon the eBook, and c) any and all use of the eBook. You will provide reasonable cooperation to the Web Lawyer in such defense, and the Web Lawyer reserves the right to control any such defense in the event that the Web Lawyer believes that you is not effectively protecting Web Lawyer's interests. "Liability" shall include, without limitation, any and all costs and expenses incurred, including reasonable attorney's fees and court costs. "Alleged Liability" shall include any and all claims and demands.
8. Limitation of Liability. In no event will Web Lawyer be liable to you for lost profits, lost data, or any form of special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), breach of warranty or otherwise, regardless of whether such damage was foreseeable and whether or not we have been advised of the possibility of such damage. Furthermore, our maximum liability to you under all circumstances will be equal to the sum of all the fees that you paid for the eBook during the term of your membership.
9. Copyright.
a. Web Lawyer eBooks are protected by US and international copyright laws. Specifically, copyrights for Web Lawyer eBooks have been filed and registered with the US Copyright Office. All rights are reserved. You may not distribute Web Lawyer eBooks to anyone else under any circumstances. You may not distribute Web Lawyer eBooks even if you do not charge anything for them. You may not make any derivative work from Web Lawyer eBooks. Unauthorized distribution of Web Lawyer eBooks is strictly prohibited. Unauthorized distribution of Web Lawyer eBooks (to include simply emailing copies to friends) will subject you to series potential criminal and civil penalties under federal law. These penalties include unlimited actual damages, statutory damages of up to $150,000, punitive damages, court costs and attorneys fees.
b. Additionally, the content, organization, graphics, designs, logos, legal forms and other matters related to the eBook and the Web Lawyer website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or the Web Lawyer website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Web Lawyer website. The posting of information or materials on the Web Lawyer website does not constitute a waiver of any right in such information and materials.
10. Trademarks. "Web Lawyer," "Web Lawyer," "Net-Bug," and the all the Web Lawyer logos and other marks are either trademarks or registered trademarks of Web Lawyer. All rights are reserved. Other product and company names mentioned on the Web Lawyer website may be trademarks of their respective owners.
11. Limited Right to Use. The viewing, printing or downloading of any eBook, content, graphic, form or document from the Web Lawyer website grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any eBook, content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
12. Nontransferable. Your right to use the eBook and website is not transferable. Any account number, password or right given to you to obtain information or documents is not transferable.
13. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE EBOOK AND THE WEB LAWYER WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION IN THE EBOOKS AND WEB LAWYER WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR EBOOK. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WEB LAWYER EBOOKS AND THE WEB LAWYER WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH WEB LAWYER EBOOKS OR THE WEB LAWYER WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY A) VIRUSES CONTAINED WITHIN ELECTRONIC FILES CONTAINING FORMS OR DOCUMENTS, OR B) YOUR ACTIONS TAKEN IN RELIANCE UPON A WEB LAWYER EBOOK, IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR EBOOK OR WEBSITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE FEES YOU PAID US FOR THE EBOOK.
14. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement and is detailed in this paragraph.
a. Our Privacy Policy (the "Policy") is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using the Web Lawyer website, eBooks and services. Our Privacy Policy also clarifies and reinforces our firm commitment to respect the privacy of our customers and of anyone who navigates through our web site. By using this Site, you consent to our collection and use of your personal information as described in this Privacy Policy. Our Privacy Policy applies to individuals and businesses, and we reserve the right to change this Privacy Policy, along with related procedures, at any time.
b. General Policy on Information Collection. When you purchase a Web Lawyer eBook and become a Web Lawyer member, we collect the following information from you: name, address, email. We need your email address so that we can be sure that a genuine and effective means of communication with the new customer exists. This information is used for the following purposes:
i) To open, maintain and close a membership account with Web Lawyer, and generally to administer all the services offered on the website;
ii) To provide information related to services requested by customers;
iii) To provide customer service; and
iv) To provide any other relevant information to you about Web Lawyer and other Web Lawyer legal self help products.
c. Credit Cards: The system does not save credit card numbers or any of other information needed to process your credit card payment. Web Lawyer uses a third party credit card processor, and Web Lawyer will never has access to your credit card information. Moreover, Web Lawyer's credit card processor uses powerful Secure Sockets Layer (SSL) and 128-bit encryption technology to safeguard all your sensitive information during the transactions.
d. Disclosure of Information. We do not disclose any information to third parties, except to the extent necessary to perform our services. We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We also may disclose your information to a party that acquires substantially all of the assets of Web Lawyer.
e. Access to your Data. At any time you can review all of the data that Web Lawyer has collected about you, by logging into the system and reviewing your member profile.
d. If you have any questions about our privacy policy, please contact us at
W E B L A W Y E R H E L P @ G M A I L . C O M.
15. Payments. You represent and warrant that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
16. Links to Other Web Sites. The Web Lawyer website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Web Lawyer website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party sites, you do so at your own risk.
17. The Effective Date of this Agreement is the date you submit payment to Web Lawyer, and this Agreement may be updated as noted in paragraph 1. However, the Effective Date of the Web Lawyer privacy policy is February 8, 2005.
18. Contact Information for Web Lawyer. You may contact Web Lawyer at 150 Post Street, Suite 520, San Francisco, CA 94108, or at
W E B L A W Y E R H E L P @ G M A I L . C O M.
19. Consent to Receive Email. By purchase a Web Lawyer eBook, you hereby consent to receive future emails from Web Lawyer about new products or about the products of our marketing partners.
20. Miscellaneous. This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the eBook (and/or consequences of your use of the eBooks) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 4(i), 7, 8 and 13. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
If any controversy or dispute arises from any liability or potential liability related to a customer's use of and reliance upon a Web Lawyer eBook or service, even if arising after termination of this Agreement, the sole means of resolving the controversy will be binding arbitration under the auspices of the American Arbitration Association ("AAA") in San Francisco, California, in accordance with the AAA's then-existing Commercial Arbitration Rules. The arbitration award may be enforced as a judgment by a court of competent jurisdiction. This arbitration provision will apply to all disputes between the parties relating to the content of Web Lawyer eBooks and Web Lawyer website (including any claim that our the content of an eBook was not necessary, was inappropriate or was inadequately described), and will survive termination of our relationship and this Agreement. You also acknowledge that you understand the consequences of agreeing to binding arbitration, including that you are giving up any and all constitutional and statutory rights to have disputes between us determined by a court of law or equity or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that law provides for judicial review of arbitration proceedings and decisions.
All legal proceedings related to the unauthorized distribution of Web Lawyer eBooks, copyright infringement of Web Lawyer copyrights, trademark infringement of Web Lawyer trademarks, or any other unauthorized use of Web Lawyer's products, services or intellectual property, shall be brought solely in San Francisco, California. In this event, you expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
Should any part of this Agreement 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. To the extent that anything in or associated with the Web Lawyer website or eBook is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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Effective Date: January 1, 2009
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