Findlaw's Infirmation.com Terms of Service
Welcome to FindLaw's Infirmation ("FindLaw" or "Infirmation") service. FindLaw provides this service to you subject to the following Terms of Service ("TOS"), which may be modified by us from time to time without notice to you. The TOS forms the basis of your agreement with FindLaw for your use of this service. By using or continuing to use this service, you are agreeing to be bound by this TOS and any new or modified terms and conditions. By agreeing to the TOS, you give us the right to change it, and agree that each time you access the service you accept the TOS as it then exists. You can review the most current version of the TOS at any time at: http://www.infirmation.com/templates/legal-disclaimer.adp. In addition, when using particular FindLaw services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. FindLaw also may offer other services from time to time, such as MY FindLaw that may be governed by different Terms of Service.
FindLaw currently provides users with access to an expansive collection of on-line resources, both legal and non-legal, including various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that are subsequently added to the current Service, including the release of new FindLaw properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that FindLaw assumes no responsibility or liability for the content, accuracy, reliability, completeness or timeliness of any user communications or message board posts ("User Content"), the mis-delivery of or failure to publicly post or store any User Content, or the monitoring, deletion or editing of any content. You also understand that none of the resources, messages, or other user-provided content on FindLaw's Infirmation.com should be considered legal advice or any kind of agreement to enter into an attorney-client relationship.
Please be aware that FindLaw has created certain areas on the Service that may contain adult or mature language and/or content. Accordingly, you must be at least 18 years of age to access and view any "Greedy Associate"-type message boards. By accessing any such area on the Service, you certify that you are at least 18 years of age.
FindLaw is concerned about the safety and privacy of all its users, particularly children. For this reason, you agree not to encourage or assist anyone under the age of 13 in accessing, and if you are under the age of 13, you agree you will not access, the "Greedy Associate"-type or other message boards aimed at adult users, and you agree not to permit anyone under the age of 13 to use your password or account.
Membership is provided solely at our discretion and confers no rights other than as set out in the TOS. FindLaw can terminate your membership at any time, with or without notice to you, for any reason, including no reason. You agree that we shall not be liable to you or any third party for any claims related to termination of your membership with the Service. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all uses of and activities that occur under your password or account. You agree to (a) immediately notify FindLaw of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FindLaw cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
FindLaw reserves the right to disallow the use of an unacceptable screen name, including but not limited to one that can be confused for an actual person, or a fictitious character, or for another member, or infringes on the rights of any person or implies strong or objectionable language.
You understand that all information, data, text, software, music, 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. This means that you, and not FindLaw, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. The content on the "Greedy Associate"-type message board is provided by various users of the service, and FindLaw does not guarantee the accuracy, integrity, tastefulness, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or otherwise objectionable. Under no circumstances will FindLaw be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of or arising from the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
You acknowledge that FindLaw does not (and has no obligation to) pre-screen or monitor Content, but that FindLaw and its designees shall have the right (but not the obligation) in their sole discretion to post or remove or edit, in whole or in part, any Content on or from the Service, or refuse to do the same.
Without limiting the foregoing, FindLaw and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable as determined in the sole discretion of FindLaw. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FindLaw or submitted to FindLaw, including without limitation information in FindLaw Message Boards, "Greedy Associate"-type message boards, and in all other parts of the Service.
You acknowledge and agree that FindLaw may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FindLaw, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please pay particular attention to Sections 19 and 20, entitled "Disclaimer of Warranties" and "Limitation of Liability," respectively. Please be aware that the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. FindLaw shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. Moreover, by using the Service you explicitly agree that you will not engage in any sort of inside trading, and will not engage in activities including, but not limited to: providing inside information i.e., material non-public information, relying upon inside information in making decisions regarding equity or debt transactions, or providing misleading information regarding companies or equity or debt transactions.
You also agree to not use the Service to:
FindLaw is a distributor (and not a publisher) of Content supplied by users, such as yourself, and third parties. Accordingly, FindLaw has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information providers, are those of the respective author(s), and not of FindLaw. FindLaw does not guarantee the accuracy, completeness, or usefulness of any Content, and does not guarantee its merchantability or fitness for any particular purpose.
FindLaw neither endorses nor is responsible for the accuracy or reliability of any opinion or statement made on FindLaw by anyone other than an authorized FindLaw employee while acting in his or her official capacity. Under no circumstances will FindLaw be liable for any damage caused by reliance on information obtained through FindLaw. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information opinion, advice or other Content available through FindLaw. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion other Content.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold FindLaw, and its subsidiaries, affiliates, co-branders or other partners, and officers, agents and employees of any of the foregoing, harmless from any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including reasonable attorneys' fees), resulting from or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You 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.
You acknowledge that FindLaw may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FindLaw's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that FindLaw has no responsibility or liability for the deletion of or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FindLaw reserves the right to log out or otherwise terminate or deactivate accounts and passwords that are inactive for an extended period of time. You further acknowledge that FindLaw reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
FindLaw reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FindLaw shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that FindLaw, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if FindLaw believes that you have violated or acted inconsistently with the letter or spirit of the TOS. FindLaw may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FindLaw may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FindLaw shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FindLaw has no control over such sites and resources, you acknowledge and agree that FindLaw is 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 FindLaw 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 such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any FindLaw software that FindLaw may provide for your use 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 is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FindLaw or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or any Content, in whole or in part.
If FindLaw provides you with Software for use in connection with the Service, FindLaw grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do 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 FindLaw for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FINDLAW EXPRESSLY DISCLAIMS 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.
FINDLAW MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED 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 SYSTEM OR LOSS OF DATA OR OTHER DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINDLAW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FINDLAW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OVERHEAD, GENERAL & ADMINISTRATIVE EXPENSES, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FINDLAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME 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 SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. TO THE EXTENT THAT THOSE PARTICULAR EXCLUSIONS OF WARRANTIES OR LIMITATIONS OF LIABILITY DO NOT APPLY TO YOU, THE REMAINING EXCLUSIONS OF WARRANTIES AND EXCLUSIONS OF LIABILITY REMAIN IN FULL EFFECT WITH YOU.
Notices to you may be made via either email or regular mail. 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.
FindLaw, Infirmation, the FindLaw logo, the Infirmation logo, MY FindLaw, trademarks and service marks, and other FindLaw logos and product and service names are trademarks of FindLaw Inc. (the "FindLaw Marks"). Without FindLaw's prior permission, you agree not to display or use in any manner, the FindLaw Marks.
FindLaw respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FindLaw's Copyright Agent with the following information:
FindLaw's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:
By phone: (888) 257-9500
The TOS constitute the entire agreement between you and FindLaw and govern your use of the Service, superseding any prior agreements between you and FindLaw. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and FindLaw shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and FindLaw agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
The failure of FindLaw 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS that you may have must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to FindLaw's Infirmation.com.