PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING LEGALFLIP.COM.
ThinkingLegal, LLC (the "Company" or "ThinkingLegal") owns and operates the website LegalFlip.com (also referred to as the "Website"). By accessing and using the Website, you (the "User") agree to be legally bound to the terms and conditions set forth herein (the "Agreement"). If User does not agree to any terms and conditions of this Agreement, User must immediately cease using the Website. If User is accessing or using the Website on behalf of any group, entity, or otherwise, User warrants that he or she has the requisite authority to enter into this Agreement.
User may set up a user account on the Website, and User’s private information is very important to ThinkingLegal. User should review the Company’s Privacy Policy, as referenced within this Agreement, for further details to make informed decisions regarding User’s private information.
User is granted a revocable, non-exclusive, non-transferable, limited license to access and use the Website for personal, non-commercial use. The Company may terminate this license without notice and upon any time for any or no reason.
User may not copy, reproduce, republish, download, store, post, transmit, transfer, sell, sublicense or otherwise use the Website, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with the Company’s prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C. § 107). User may not alter or modify information provided through the Website in any way. User may not reverse engineer, deconstruct, reassemble or otherwise attempt to uncover the source code or underlying components of the Website, or any information about users of the Website. User may not use any robot, crawler, spider, other automated device, or manual process to access, copy or monitor the Website without ThinkingLegal's prior written consent.
The Company reserves the right, at its discretion, to change, add, modify, or remove portions of this Agreement at any time. Updated versions of this Agreement will appear on the Website and become the effective Agreement immediately upon their publication. Please review this Agreement regularly for updates and/or changes. User's continued use of the Website following any posted changes means User accepts those changes.
The Website provides general information about the law to the public. User acknowledges that under no circumstances is ThinkingLegal, its agents, customers, affiliates, or representatives, providing legal advice or representation through the Website. The Website is not a substitute for legal advice from an attorney. Under no circumstances shall ThinkingLegal be liable for any reliance on information presented, contained, or obtained on the Website. User fully accepts that any reliance on the Website will be solely at the User’s own risk.
User acknowledges that no attorney-client relationship can ever be formed through the use of the Website. User should hire an attorney for legal advice regarding the particular facts and circumstances of User’s legal issues and/or needs. User shall not rely on any articles, comments, recommendations, advertisements, or other posted information on the Website as a substitute for legal advice.
Please review the Company’s Disclaimer, as within this Agreement for further details.
ThinkingLegal welcomes links to the Website. User is usually free to establish a hypertext link to the Website so long as the link does not state or imply any unlawful sponsorship or endorsement of User’s site by the Website.
Without the prior written permission of ThinkingLegal, User agrees not to frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Website.
User acknowledges that the Website is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. Unless otherwise explicitly noted, all elements of the Website including, but not limited to, text, articles, trademarks, logos, graphics and its overall composition are the property of ThinkingLegal. Nothing on the Website, in this Agreement, or otherwise shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights to the User.
If User elects to register for an account on the Website, User will be assigned a username and password that is unique to User. User is responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under User’s username and password. User agrees to notify ThinkingLegal of any unauthorized use of User’s username and password or any other breach of security at: info@legalflip.com.
If User elects to register an account on the Website, User agrees to the following terms and conditions in creating the User account, including, but not limited to:
By publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials to the Website ("Published Information"), User automatically grants, or warrants that the owner of the following rights has expressly granted, to ThinkingLegal, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Published Information, and incorporate Published Information into any form, medium or technology that the Company desires.
User shall not intentionally or unintentionally upload, distribute, submit, or otherwise publish through any information on the Website any content which is libelous, obscene, pornographic, defamatory, threatening, invasive of privacy or publicity rights, illegal, abusive, impair or alter the appearance or functionality of the Website, or otherwise objectionable that would constitute or encourage a criminal action, violate the rights of any party, or otherwise give rise to liability or violate any law.
To the extent that the Website contains third party content, messages, advertisements, service, links, or otherwise, ThinkingLegal does not control the availability and content of those third party services and resources. Any concerns regarding third party content, messages, advertisements, service, links, or otherwise, should be directed to that particular third party service or resource. ThinkingLegal assumes no liability for any third party mistakes, misstatements of law, defamation, slander, libel, omissions, falsehoods in the statements, opinions, representations or any other form of third party content appearing on or accessible from the Website. User acknowledges that the information and statements of third party content are not endorsed or controlled by ThinkingLegal, nor necessarily reflect the beliefs of the Company.
User acknowledges that ThinkingLegal may contain advertising and sponsorships. User acknowledges that advertisers and sponsors posed on the Website are solely responsible for ensuring they provide accurate information that complies with any and all applicable laws. User agrees that ThinkingLegal will not be responsible for any error, omission, inaccuracy, or illegality in an advertiser’s or sponsor’s posted materials.
LEGALFLIP.COM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THINKINGLEGAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. THINKINGLEGAL MAKES NO WARRANTY THAT ACCESS TO LEGALFLIP.COM OR WILL BE COMPLETE, FREE FROM ERRORS, SECURE, UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. THINKINGLEGAL DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, DAMAGES, CLAIM, LIABILITY, OR INJURY OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO THE ACCESS OR USE OF LEGALFLIP.COM, INCLUDING BOTH THINKINGLEGAL AND THIRD PARTY CONTENT AND SERVICES AND/OR PRODUCTS DELIVERED THROUGH LEGALFLIP.COM.
THINKINGLEGAL DOES NOT GUARANTEE THAT LEGALFLIP.COM WILL BE SAFE OR SECURE. USER'S SOLE REMEDY AND THINKINGLEGAL'S, ITS AFFILIATES AND/OR AGENTS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF LEGALFLIP.COM WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR OTHERWISE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC LEGALFLIP.COM FEATURE WHICH IS THE BASIS OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THINKINGLEGAL, ITS AFFILIATES AND/OR AGENTS BE LIABLE TO USER FOR ANY CLAIM RELATING IN ANY WAY TO USER'S INABILITY OR FAILURE TO USE LEGALFLIP.COM PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY THINKINGLEGAL, ITS AFFILIATES OR AGENTS.
THINKINGLEGAL IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND USER RELEASES THINKINGLEGAL, ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM USER HAS AGAINST ANY SUCH THIRD PARTIES. IF USER IS A CALIFORNIA RESIDENT, USER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." THINKINGLEGAL WILL NOT BE LIABLE TO USER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THINKINGLEGAL.
Either party may terminate this Agreement. User may terminate this Agreement by ceasing to use the Website. If User set up a User account on the Website, User may terminate the User account by properly notifying ThinkingLegal at: info@legalflip.com. ThinkingLegal may terminate a User account immediately without notice if, in ThinkingLegal’s sole discretion, User fails to comply with any provisions in this Agreement. Upon termination, User must destroy all content obtained from the Website and all copies thereof, whether made under these terms or otherwise. ThinkingLegal may take additional action(s) as it determines to be appropriate under the circumstances to eliminate or preclude repeat violations. ThinkingLegal shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from ThinkingLegal’s exercise of its rights under this Agreement.
This Agreement will be governed by and construed under the law of the state of Ohio, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Cuyahoga County, Ohio will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts.
User acknowledges that no expectation of privacy or confidentiality shall be granted to User for any information posted or communicated through the Website. ThinkingLegal may use User’s comments, feedback, or any other communications through the Website in its sole discretion, without any obligation to compensate User for use of or to return any submitted communication, information or materials.
User agrees to defend, indemnify, and hold ThinkingLegal, its affiliates, contractors, suppliers, members, officers, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities, including reasonable attorneys' fees, made by any third party arising from any violation or alleged violation of User in regard to this Agreement, any unlawful information or communication made through the Website, or any violation of a third party's intellectual property rights.
This Agreement constitutes the complete and exclusive statement of terms and conditions between User and ThinkingLegal. This Agreement supercedes all prior written and oral statements, including and prior statements, conditions, representations, or warranties.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. If for any reason, any provision or provisions herein or otherwise are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid.
Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by User without ThinkingLegal’s express prior written consent.
Failure of any 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.
ThinkingLegal shall not be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, civil disorder, fires, power failures, equipment failures, and/or any other cause beyond the reasonable control of the party whose performance is affected.
If you have any questions, comments or concerns arising from the Website, this Agreement, the Privacy Policy, the Disclaimer, any other terms, conditions, or policies of ThinkingLegal please contact us at: info@legalflip.com.
Updated February 28, 2010