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5. Rights In Site And Copyright And Trademark Notice. Except for the limited license granted in this Agreement, all right, title, and interest in the Site, in all languages, formats, and media throughout the world, including all copyrights and trademarks, are and will continue to be the exclusive property of BookLawyer. The content on the Site, including, without limitation, text, video, graphic images, graphic designs, arrangement, and layout are protected under United States and international copyright, trademark, and other intellectual property laws, and are the exclusive property of BookLawyer. Such content may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of BookLawyer. BookLawyer® and the book logo that appears at the top of the Site are registered trademarks of BookLawyer. You may not use any meta tags or other hidden text utilizing BookLawyer’s name or trademarks. The hyperlinks on the Site that are linked to other websites do not suggest any affiliation or special relationship with those entities or websites, and BookLawyer does not warrant the accuracy, completeness, or reliability of the related products, services, and information on those websites—they are provided only for your convenience.
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10. Site Does Not Provide Legal Advice. Neither BookLawyer nor the Site provide legal advice. THE INFORMATION ON THIS SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The Site may only be used by lawyers licensed by the State Bar of Texas, and by law students at Texas law schools in connection with their coursework, legal clinic work, or law-related employment, all while under the direct supervision of a law school professor or attorney supervisor. By accepting the terms of this Agreement or accessing legal information on the Site you represent that you are a lawyer licensed by the State Bar of Texas, or a law student at a Texas law school working under the direct supervision of a law professor or attorney supervisor. Nothing contained in or related to the Site constitutes legal advice or forms a lawyer/client relationship. Persons receiving the information on this Site should not act upon the information without seeking professional legal advice.
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12. General Provisions. This Agreement will be governed by and construed under the laws of the State of Texas, without regard to conflict of law provisions. The parties agree that the state and federal courts sitting in Texas will have exclusive jurisdiction over any claim arising out of or related to this Agreement, and each party consents to the exclusive jurisdiction and venue of such courts. Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be void, invalid, unenforceable, or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions will not be affected. Failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
Any dispute or claim relating in any way to your use of the Site, including any related communication with BookLawyer, or information you provide to BookLawyer will be resolved by binding arbitration, rather than in court, except that you may assert an individual action in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
You and BookLawyer agree that any dispute resolution proceedings will be conducted only on an individual basis, and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and BookLawyer waive any right to a jury trial. You and BookLawyer also agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The AAA Rules are available online at http://www.adr.org, or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) for any claim where the total amount in controversy is less than $10,000 (ten thousand US dollars), the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Dallas, Texas who is approved or otherwise affiliated with the AAA; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim; (d) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (e) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (d) above is found to be unenforceable, then this mandatory arbitration provision shall be null and void, but the jury trial and class action waiver provisions will remain in effect. Only a court and not the arbitrator can decide issues relating to the scope and enforceability of this “Jury Trial and Class Action Waiver: Binding Arbitration” section.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND BOOKLAWYER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
All claims you bring against BookLawyer must be resolved in accordance with this “Jury Trial and Class Action Waiver: Binding Arbitration” section. All claims filed or brought contrary to this “Jury Trial and Class Action Waiver: Binding Arbitration” section shall be considered improperly filed and void. If you file a claim contrary to this “Jury Trial and Class Action Waiver: Binding Arbitration” section, BookLawyer may recover attorney fees and costs up to $2,500, if BookLawyer has notified you in writing of the improperly-filed claim, and you have failed to promptly withdraw the claim.
14. Complete Agreement. This Agreement (which includes all applicable information, terms, and conditions in the Register for BookLawyer Trial and the Register for a BookLawyer Subscription pages on the Site) embodies the entire agreement between the parties with respect to the subject matter of this Agreement, and except as otherwise provided in this Agreement, supersedes any and all prior understandings, agreements, and representations, oral or written, relating to the subject matter. BookLawyer may amend the terms and conditions of this Agreement at any time, without prior notice to you. Each time you access the Site, you agree to be bound by the terms and conditions then in effect.
15. Electronic Communications. When you visit the Site or send emails to BookLawyer you are communicating with BookLawyer electronically. You consent to receive communications from BookLawyer electronically. BookLawyer will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that BookLawyer provides to you electronically satisfy any legal requirement that such communications be in writing.
17. Copyright Agent For Copyright Infringement Claims It is BookLawyer’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you are a copyright owner, or the agent of a copyright owner, and you believe that any content on the Site infringes your copyrights, you may submit a notification under the DMCA. BookLawyer’s designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: BookLawyer, LLC, Attn: Copyright Agent, 2101 Cedar Springs Rd., Suite 1050, Dallas, Texas 75201.