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Terms of Use

Terms of Use

1. Nature Of Agreement. All use of BookLawyer, LLC’s (BookLawyer) World Wide Web pages located within www.booklawyer.com (the Site) is subject to the terms and conditions set forth below (Terms of Use or Agreement).  Any use of the Site constitutes the user’s (User or Your) agreement to abide by the Terms of Use.

2. Grant Of Limited License.  BookLawyer grants you a limited license to access and make personal use of the Site—excluding the portions of the Site that require a paid or trial period subscription—subject to these Terms of Use.

3. Limitations On Use Of Site.  You may not screen-grab, screen-capture, print-screen, extract, scrape, print, cut-and-paste, copy, save, download, re-type, reproduce, transcribe, store in a retrieval system, archive, publish, transmit, retransmit, e-mail, transfer, distribute, disseminate, broadcast, record, circulate, sell, resell, create derivative works from, frame, utilize framing techniques, or otherwise use the Site or any portion of the Site in any form or by any means except as expressly permitted by this Agreement. User shall not sell, license, share, or distribute the Site in any form.  

4. Required Internet Browser.  A current version of a standard internet browser and an internet connection are required to access the Data. You are solely responsible for obtaining, paying for, repairing, and maintaining all of the equipment, hardware, software, services, and material that are required to access the Site and the Data. This includes, without limitation, your responsibility for paying all charges, taxes, and other costs and fees related to obtaining your own internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access the Site and the Data. You are solely responsible for protecting the information on your computer, such as by installing anti-virus software, updating your applications, and not allowing third-party access to your computer.

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.

6. Prohibited Access And Use Of Source Code. User may not reverse-engineer, decompile, disassemble, or otherwise attempt to discern the source code of the components of the Site, nor may User reproduce all or any portion of the components of the Site.

7. Penalties.  The unauthorized, fraudulent, or abusive use or distribution of the Site is illegal and could subject the violator to (i) personal liability for damages in a civil suit; (ii) criminal prosecution; and (iii) disciplinary action by the State Bar of Texas or other licensing authority.  You agree to inform BookLawyer of any known or reasonably suspected violations of the Terms of Use, including but not limited to the unauthorized use of the Site.

8. Disclaimer Of Warranties And Limitation Of Liability.  EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE DELIVERABLES ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AVAILABILITY, DELAYS, OR FREQUENCY OF UPDATES. SUBSCRIBER’S EXCLUSIVE REMEDY, AND BOOKLAWYER’S ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO THE DELIVERABLES THAT ARE MADE AGAINST BOOKLAWYER, WHETHER BASED IN CONTRACT, NEGLIGENCE, OR OTHER LEGAL BASIS FOR LIABILITY, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY SUBSCRIBER TO BOOKLAWYER DURING THE 30 DAY PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

IN NO EVENT SHALL BOOKLAWYER BE LIABLE TO SUBSCRIBER FOR ANY CLAIM RELATING IN ANY WAY TO (i) SUBSCRIBER’S INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK, OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH OR OTHER WORK PROPERLY, TIMELY, OR COMPLETELY, EVEN IF ASSISTED BY BOOKLAWYER, OR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE UPON THE DATA; (ii) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER’S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE, THE DELIVERABLES, EVEN IF BOOKLAWYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (iii) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERY OF THE DATA; OR (iv) ANY LOSS OF SUBSCRIBER’S SAVED NOTES OR HIGHLIGHTED TEXT CREATED ON THE iOS APPLICATION, WHICH WILL ALSO NOT BE SAVED OR PROVIDED TO SUBSCRIBER UPON THE EXPIRATION OF SUBSCRIBER’S SUBSCRIPTION OR TRIAL PERIOD.

FURTHER, BOOKLAWYER SHALL HAVE NO LIABILITY FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE OR WEBSITE HYPERLINKED ON THE SITE.  BOOKLAWYER MAKES NO WARRANTY THAT ACCESS WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE.  NOR DOES BOOKLAWYER MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY WEBSITE OR SERVICE THAT IS HYPERLINKED ON THE SITE. HYPERLINKED ACCESS TO TEXAS CASE LAW IS PROVIDED TO SUBSCRIBER FOR PURPOSES OF CONVENIENCE, BUT REQUIRES SUBSCRIBER TO BE A MEMBER OF THE STATE BAR OF TEXAS WITH PERMITTED ACCESS TO THE MEMBERSHIP BENEFITS ON THE STATE BAR OF TEXAS WEBSITE, WHICH ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO SUBSCRIBER.  

SUBSCRIBER ACKNOWLEDGES THAT THE PROVISION OF BOOKLAWYER.COM ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERENT LOSS OF DATA OR DAMAGE TO MACHINES, HARDWARE, OR SOFTWARE. TEMPORARY SUSPENSION OF ACCESS TO THE SITE MAY OCCUR WITHOUT NOTICE AND IN THE SOLE DISCRETION OF BOOKLAWYER FOR REASONS THAT INCLUDE, WITHOUT LIMITATION, REPAIR, MAINTENANCE, SYSTEM FAILURE, OR OTHER EVENTS BEYOND OR WITHIN BOOKLAWYER’S CONTROL.  BOOKLAWYER RESERVES THE RIGHT TO SUSPEND THE OPERATION OF THE SITE AND ACCESS TO THE DATA, IN WHOLE OR IN PART.  YOU AGREE THAT NEITHER BOOKLAWYER NOR ITS THIRD-PARTY PROVIDERS WILL BE LIABLE TO YOU IN ANY WAY FOR THE TERMINATION, SUSPENSION, INTERRUPTION, OR DELAY OF THE SITE AND YOUR ACCESS TO THE DATA.

9. Limitation Of Claims Period.  Except for claims related to User’s improper use of the Site in violation of these Terms of Use, no claim, regardless of form, which in any way arises out of this Agreement, may be made, nor action based upon such claim brought under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.

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.

11. Ideas And Concepts.  Any and all title, ownership rights, and intellectual property rights concerning any ideas, concepts, suggestions, materials, or content that you provide to BookLawyer regarding BookLawyer or the Site shall become the exclusive property of BookLawyer and may be used for its business purposes in its sole discretion without any payment, accounting, remuneration, or attribution to User.

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.

13. Jury Trial and Class Action Waiver: Binding Arbitration. To the fullest extent permitted by law, you waive the right to a trial by jury with respect to any dispute arising out of or relating to these Terms of Use or your use of the Site. You further agree that any and all disputes or controversies between you and BookLawyer shall be resolved on an individual basis, without resort to any form of class action, and shall not be consolidated with the claims of any other parties. Your waiver of the right to bring any dispute as a class action shall not be deemed unenforceable even if the governing state law would otherwise permit the action to be filed and prosecuted as a class action.

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.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The arbitration will be conducted in Dallas, Texas. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days advance written notice of its intent to file for arbitration. BookLawyer may provide such notice by e-mail to your e-mail address on file with us, and you must provide such notice by e-mail to support@booklawyer.com.

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.

16. Privacy. Please review the BookLawyer Privacy Policy that appears at the bottom of the Site.  The Privacy Policy also governs your visit to the Site and explains BookLawyer’s information practices.

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.

 
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