1. Acceptance of Agreement.
2. Copyright and Other Proprietary Rights in Site Content.
We or our licensors own all site text, articles, documents, blog posts, data, information, audio, video and graphic materials appearing on our Site, the design, layout, and compilation of the Site, the Site taxonomies and classification schemes, any digital or electronic conversions, translations, modifications and other versions or derivatives of the Site, all Site-related backend databases, tools, libraries, interfaces, protocols and software code, and the Downloadable Documents and User Forms defined below, which collectively constitute the “Site Content” referred to in this Agreement. All Site Content is proprietary to and property of us and/or our third party licensors and is protected under applicable copyrights, trademarks and other proprietary rights laws that include but are not limited to intellectual property rights laws. You do not acquire ownership rights to any Site Content viewed or accessed through the Site. You agree not to copy, use, publish, display, perform or redistribute any Site Content or any part of the Site, except as allowed by the “Limited License for Permitted Uses” Section of this Agreement below is strictly prohibited. If we permit you or others to post information or materials on the Site, this permission does not constitute a waiver of any of our rights in such information and materials under this Agreement.
3. Limited License for Permitted Uses.
We reserve all rights and licenses not expressly granted to you in this Agreement to the fullest extent permitted by law. You are granted a nonexclusive, nontransferable, revocable license solely to access and use the Site and Site Content as follows and solely in accordance with the Restrictions and Prohibitions on Use and other terms this Agreement: (a) you may access the Site solely via its public URLs, (b) you may use the Site and Site Content solely for internal, personal, noncommercial purposes, (c) you may print out discrete information from the Site and Site Content solely for internal, personal, noncommercial purposes provided you do not remove, obscure or alter any copyright or other proprietary rights notices, privacy statements or other policies contained therein, (d) you may use certain Documents as defined and authorized in Section 7. You may not use any printouts or electronic versions of any part of the Site or Site Content that you obtain in violation of this Agreement in any arbitration or litigation whatsoever under any circumstances.
4. Proprietary Rights Restrictions and Limitations on Use.
5. Your Use of Site Forms and Documents.
Our Site Content includes certain forms, questionnaires and agreements that are clearly designated for completion and submission or execution by vendors, advertisers, reviewers and/or other Site users (collectively, “User Forms”). Site Content may also include certain documents or audio-visual materials expressly identified as content that is made available to Site users for copying, printing or downloading, such as vendor white papers and marketing materials (“Downloadable Documents”). User Forms and Downloadable Documents are collectively referred to as “Documents.” You may use the User Forms either on behalf of yourself or on behalf of any business or entity that you are employed by, only for the purpose of requesting the services for which we provide the forms, or for contracting with us or contributing information to us or our vendors as indicated in the applicable User Form, subject to any other terms, agreements or disclaimers provided by the Site in connection with those User Forms. You are licensed to copy, print or download Downloadable Documents on behalf of yourself or on behalf of any business or entity that you are employed by, subject to this Agreement and subject to any other terms, agreements or disclaimers provided in those Documents or on the Site in connection with those Downloadable Documents only for your or your employer’s personal use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license and without any right to publicly publish, display or reproduce a Downloadable Document even for noncommercial purposes. Downloadable Documents are provided to you on a nonexclusive basis without any representations or warranties, express or implied, as to whether they are accurate, complete, or suitable for your uses.
6. Linking to the Site.
You are welcome to provide links to the Site, provided that you do not reframe, mirror or create deep links to the Site or Site Content, do not remove or obscure the copyright notice or other notices on the Site or Site Content, your site does not engage in illegal or pornographic activities, and you discontinue providing links to the Site immediately if we request it.
7. Rights and Responsibilities Regarding Your Submissions of Ideas, Content and Communications.
(c) In making a Submission, you and the entity on whose behalf you make the Submission, if any, irrevocably waive all legal and equitable rights arising directly or indirectly from our or our agents’ use of the Submissions in accordance with our rights under this Agreement (including without limitation all claims, demands, actions, suits, damages, liabilities and expenses for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction (collectively, “Claims”), and you covenant not to make or bring any such Claim against us or agents acting on our behalf and forever release and discharge us and such agents from liability under such Claims. In addition, you represent and warrant to us and each of our agents, that you are at least eighteen (18) years of age.
You hereby agree that If it is determined that you retain moral rights in a Submission (including rights of attribution or integrity), then to the extent permitted by law, you (a) waive any requirement that we or our agents use personally identifying information in connection with the Submission or Content, or any derivative works of or upgrades or updates thereto; (b) do not objection to our exploitation, publication, use, modification, or deletion of your Submission and/or related Site Content (directly or through our agents); (c) forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions or related Site Content; and forever release us, our agents and licensees, successors, and assigns, from any claims that you could otherwise assert against LawNext by virtue of any such moral rights.
8. Site Changes.
We reserve the right in our sole discretion to edit or delete any Documents, reviews, information or other content appearing on the Site and to discontinue the Site at any time. We may add to, modify or discontinue Site features, functionality, and design elements at any time.
9. Information and disclaimers regarding Site Content and Services.
(a) No legal services. No part of LawNext Media is a legal service provider and the Site and Site Content are not intended to and do not constitute legal advice.
(b) No warranty. Neither we nor our vendors, advertisers and reviewers warrant or guarantee the accuracy, completeness, adequacy or currency of the Site Content or other information contained in or linked to the Site or the suitability of the Site Content for your purposes. Your use of Site Content and information on the Site or materials linked to the Site is entirely at your own risk.
(d) Paid Content. We receive no payment for including basic product listings in our Directory. We do not pay for reviews. We are paid by advertisers and vendors for posting advertisements and enhanced premium product listings on our site.
10. Legal Compliance; Unlawful Activity
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Site Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic information.
To the extent permitted by law, you agree to indemnify, defend and hold us and our vendors, advertisers, reviewers, service providers, subcontractors, business partners, owners, employees and other agents and successors, assigns and affiliates of theirs or ours (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement; violation of applicable law or third-party rights (including, without limitation, patent, trademark, copyright, trade secret or other intellectual property rights); willful misconduct or use of the Site or Site Content.
12. Disclaimer of Warranties; Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, THE SITE AND SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS.” WE, OUR VENDORS, ADVERTISERS, REVIEWERS AND OTHER AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE SITE, THE SITE CONTENT OR SITE PERFORMANCE. THE SITE AND SITE CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES DO NOT WARRANT THAT THE SITE OR SITE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT SITE ACCESS AND USE WILL BE UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING OR ANY RESULTING DAMAGES: (I) ERRORS, MISTAKES OR INACCURACIES IN SITE CONTENT; (II) DISRUPTIONS IN ACCESS TO OR USE OF THE SITE; (III) ANY VIRUSES, TROJAN HORSES OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION WE STORE; (V) ANY THIRD PARTY’S ILLEGAL, DEFAMATORY, OR OFFENSIVE CONDUCT OR COMMUNICATIONS; (VI) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR OR OUR AFFILIATED PARTIES’ REASONABLE CONTROL; AND (VII) YOUR ACCESS TO OR USE OF OUR SITE OR ANY LOSS OR DAMAGE RESULTING USE OF THE SITE OR SITE CONTENT, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR PROPERTY DAMAGE.
TO THE EXTENT PERMITTED BY LAW 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. IN NO EVENT SHALL WE, OUR VENDORS, ADVERTISERS, REVIEWERS OR OTHER AFFILIATED PARTIES, OR ANY OF OUR OR THEIR AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU IN CONNECTION WITH THE SITE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $10.00, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
DEPENDING ON WHERE YOU LIVE OR WORK, YOU MAY HAVE OTHER RIGHTS. IN SOME JURISDICTIONS, THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE NOT ALLOWED AND SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Third-Party Copyright and Trademark Claims.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site or in the Site Content;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an email to our Copyright Agent at IPclaims@lawnextmedia.com.
15. Dispute Resolution by Arbitration; Jury Trial Waiver.
Any legal dispute or legal claim arising out of or relating to this Agreement, the Site or the Site Content, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely by confidential binding arbitration conducted in Boston, Massachusetts by a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association in Boston, Massachusetts. To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs charged by the AAA and each party shall bear its own attorneys’ fees, except that the arbitrator shall have the authority to allocate all or some of a party’s costs and expenses of arbitration, including attorney fees, to the other party on equitable grounds. We retain the right, including before or during the conduct of an arbitration, to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our or our licensors’ copyrights, trademarks, trade secrets, patents or other intellectual property or proprietary rights.
YOU AND WE AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION OR OTHER REPRESENTATIVE PROCEEDING IN CONNECTION WITH THIS AGREEMENT AND YOUR ACCESS TO AND USE OF THE SITE, THAT ALL CLAIMS MUST BE BROUGHT BY A PARTY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR OTHER REPRESENTATIVE PROCEEDING, AND THAT THIS WAIVER APPLIES TO CLASS ARBITRATION AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS UNLESS WE AGREE.
16. Governing Law
This Agreement shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws principles. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The United Nations Convention on Contracts for the International Sale of Goods expressly does not apply to this Agreement.
You agree that the access to and use of the Site that we provide you is passive and does not create personal jurisdiction with respect to us except in Massachusetts where the Site shall be deemed to be located. You agree to submit to the personal jurisdiction of the federal and state courts for Essex County, Massachusetts, for any action not encompassed by the arbitration provision, for injunctive or equitable actions permitted by the arbitration terms, and for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
To the extent permitted by law, you must initiate a cause of action with respect to the Site or Site Content within one (1) year after the cause of action arises or the claim will be considered waived and barred forever. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted in accordance with its fair and reasonable meaning and not strictly for or against any party and without a presumption that ambiguities are to be resolved against the drafting party. The headings in this Agreement are included for convenience only and shall not be used to interpret any provision. If any provisions of this Agreement are adjudicated to be invalid or unenforceable, those provisions shall be deemed modified to the minimum extent possible to be consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement will take precedence over conflicting provisions of the Site or Site Content. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of our right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
18. Further Inquiries.
If you have questions about this Agreement, our Site or our services, please contact us at email@example.com.
Last reviewed December 20, 2021.