TERMS OF SERVICE FOR LAWYERPORT
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING LAWYERPORT.
Lawyerport is a website that provides electronic information services and is owned and operated by Law Bulletin Media with offices at 415 North State Street, Chicago, IL 60654.
The following Terms of Service govern your use of Lawyerport. By accessing, browsing or using Lawyerport, you acknowledge that you have read, understood, and agree to be bound by the Terms of Service. If you do not agree to be bound by these Terms of Service, you should not access or use Lawyerport. Law Bulletin Media reserves the right, at its discretion, to change, modify, add or remove any of these Terms of Service at any time. Please check the current published Terms of Service periodically for changes. Your continued use of Lawyerport constitutes your agreement to be bound by the Terms of Service in effect at the time.
TERMS OF SERVICE
- In exchange for the payments specified in the Subscription Order Form, for the term of this Subscription and any renewals, Law Bulletin Media grants to the Subscriber (acting through its designated authorized users) a revocable, nonexclusive, nontransferable, limited license to access and use Law Bulletin Media's standard Lawyerport services, as they may be configured from time to time, according to such level of service as the Subscriber has selected for each individual user. This Agreement provides only a license for access and use of data made available through Lawyerport ("Data"), and it does not include any sale or transfer of any property or interest owned by Law Bulletin Media. The license may be revoked at any time for any reason in Law Bulletin Media's sole discretion, subject only to any consequences arising out of this Agreement. Upon termination of this Agreement, the Lawyerport licenses shall also terminate.
- Unless sooner terminated hereunder, this License shall terminate at the end of any Minimum Term as may be extended by any renewal periods.
- Law Bulletin Media reserves the right at any time to change the Lawyerport content or services including but not limited to removing from the Lawyerport services used to deliver Lawyerport content, or any content item or part of an item for which it no longer retains the right to publish, chooses to no longer offer for any reason, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
As a user of Lawyerport services, you (as well as the Subscriber who has arranged for your access and use) shall comply with the following:
Provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data").
- i. Note that Law Bulletin Media may refuse to accept a proposed username or password that impersonates someone else, is protected by trademark or other proprietary right, is vulgar or offensive, or otherwise poses problems in the operation of its Lawyerport system.
- ii. Lawyerport is directed to adults and is not directed to children under the age of 13. Law Bulletin Media is unable to prevent minors from visiting Lawyerport so it must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Law Bulletin Media complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13.
- Maintain and promptly update your Registration Data (by updating your Registration Data online or causing Law Bulletin Media to receive an appropriately worded email to Customer Support to keep it fully up to date);
- Ensure that if you have logged into Lawyerport, you log off at the end of each session;
- Notify Law Bulletin Media (Customer Support) and the Subscriber of any unauthorized use of your username and password or any other breach of security pertinent to your right to access and use Lawyerport;
- Ensure that all authorized persons using Lawyerport are appropriately notified of the importance of respecting the intellectual property rights in the Lawyerport content and services and of the sanctions which Law Bulletin Media imposes for failing to do so;
- Use best efforts to protect Lawyerport content and services from unauthorized use or other breach of these Terms of Service;
- Ensure that only authorized users are permitted access to Lawyerport. Your personal login credentials are not transferable.
- Provide at your own expense all equipment, software, and Internet services needed to access and interact online with the Lawyerport services, and have sole responsibility for the functionality of such items and for any and all measures to protect them against computer viruses or other risks of interference or disruptions. This includes implementing all hardware and software settings that may be necessary for the individual users to operate the system, including those relating to firewalls, routers, and other security measures.
- Provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data").
During the Minimum Term as may be extended by any renewal periods, subject to Section 3, you may access Lawyerport solely for your individual use to:
- Search, view, retrieve and display Lawyerport content.
- Electronically save limited portions of Lawyerport content.
- Print limited copies of portions of Lawyerport content.
- Add or update user information on Lawyerport.
Share hyperlinks to Lawyerport content with other users subject to the following conditions:
- You may provide hyperlinks to Lawyerport and/or publicly available portions of Lawyerport, not protected by login credentials or other control measures, provided (a) you do not remove or obscure, by framing or otherwise, copyright notices, advertisements, or other notices on Lawyerport, and (b) you discontinue providing hyperlinks to Lawyerport if notified by Law Bulletin Media;
- You may share hyperlinks to Lawyerport content requiring login credentials and a paid Subscription provided the users of those hyperlinks have appropriate Lawyerport Subscription levels to view the hyperlinked Subscription content;
- You do not replicate any Lawyerport pages or content; and
- You do not in any way imply any endorsement by or relationship with Law Bulletin Media without prior written consent from Law Bulletin Media.
- In order to access and use Lawyerport, you will be assigned a unique username and password. You are prohibited from accessing or using Lawyerport unless you have been registered as an active authorized user pursuant to a Subscription that is current and in good standing.
- You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities that occur using your username and password. Sharing your username and password with any other person or making them available to multiple users on a network is strictly prohibited. Only one individual may access Lawyerport at the same time using the same login credentials.
- You are prohibited from using Lawyerport to any extent beyond the level of access and service that has been authorized for your username and password by Law Bulletin Media. Any access or use of Lawyerport by you under any other circumstances shall render you personally liable as though you were a Subscriber, under all the commitments and obligations set forth in Law Bulletin Media's most recent term for a Subscription, as well as render you personally liable for all damages, remedies, and rights that Law Bulletin Media may otherwise have against you as a matter of law.
- If Law Bulletin Media determines that your username and password are being impermissibly used for Law Bulletin Media products and/or services, Law Bulletin Media may suspend your username and password or require you to pay for additional usernames and passwords for the relevant product and/or service. Law Bulletin Media reserves the right to terminate or restrict your access to Lawyerport or any other Law Bulletin Media services if, in its opinion, your use of Lawyerport may violate any laws, infringe upon another person's rights or violate any of the Terms of Service stated here or any other aspect of the Subscription governing your access to Lawyerport.
3. USAGE RESTRICTIONS. By accessing, browsing, or using Lawyerport, you agree to the following usage restrictions:
- You shall use Lawyerport only in ways that comply with all laws and regulations, especially those concerning privacy, credit reporting, or similar concerns about the rights of third parties. You shall not use Lawyerport in any manner that is unlawful, unethical, threatens the rights of any third party, or exposes Law Bulletin Media to potential liabilities beyond those which it has expressly undertaken. In particular, but without limiting the foregoing, Law Bulletin Media is not a "consumer reporting agency" and does not offer the Lawyerport services as a "consumer report" within the meaning of those terms in the Fair Credit Reporting Act ("FCRA"). Instead, the Lawyerport services and their content have been prepared for purposes not within the scope of FCRA and may contain information that FCRA prohibits from being included in a consumer report. Accordingly, you promise that you will not use or allow others to use Lawyerport services in the manner of a consumer report within the contemplation of FCRA (including but not limited to being a factor in determining a consumer's eligibility for transactions involving credit, insurance, or employment issues).
- Except to the limited extent of providing professional legal services to clients, you shall not use the Lawyerport services in any way, in whole or in part, to provide services to any third party. Copying, distribution, or storage of content from Lawyerport is not permitted except to the extent reasonably related to providing professional legal services to clients. Copied articles must include all notices of copyright and other proprietary rights in the same form in which the notices appear in Lawyerport, must include original source attribution, and must include the phrase "Used with permission from [Lawyerport or other Law Bulletin Media product] © [Year] Law Bulletin Media. All rights reserved." Please consult Law Bulletin Media at 312.644.7800 or visit Law Bulletin Media's Contact Us page for permission to make reprints.
- You shall not reproduce, duplicate, copy, download, archive or database, further transmit, disseminate, transfer, or otherwise exploit this website, or any portion hereof without Law Bulletin Media's prior written consent other than permitted in Section 2;
- You shall not download from Lawyerport any content in bulk for any reason, including for sharing with any third party, without the written consent of Law Bulletin Media;
- You shall not use this website in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of Law Bulletin Media's computer systems, including, but not limited to, the servers, networks, and other components connected to or used for Lawyerport;
- You shall not interfere with any other party's use and enjoyment of this website, or of any of the content, information, or services provided on this website, including but not limited to transmission of any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- To the extent that you are able to upload, post or otherwise transmit content using Lawyerport you will not upload, post, or otherwise transmit any content that you are prohibited or restricted from transmitting under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- You shall not post on any Lawyerport profile page or otherwise upload to Lawyerport any content that violates these Terms of Service, and Law Bulletin Media shall have the right (but not the obligation) to block or remove any offending content at any time without notice;
- By inputting information or uploading materials to Lawyerport, you automatically (1) grant (or warrant that the owner of such rights has expressly granted) Law Bulletin Media a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, disclose, post, remove and/or distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe; (2) warrant that all so-called "moral rights" in those materials have been waived; and (3) warrant to Law Bulletin Media that all such content complies in all ways with the provisions of these Terms of Service for Lawyerport;
- You shall not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this website, through password mining, hacking, or any other means;
- You shall not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of Lawyerport;
- You shall not seek to gain access to any materials or information through any means not intentionally made available by Law Bulletin Media;
- You shall not use any framing techniques to enclose any portion of Lawyerport (including, but not limited to, images, text, page layout, and form) without Law Bulletin Media's prior written consent;
- You shall not use any network monitoring or discovery software to determine the Lawyerport architecture, or extract information about usage, individual identities, or users;
- You shall not use any robot, spider, other automatic software or device, or manual process to monitor or copy Lawyerport or the content, information, or services on Lawyerport without Law Bulletin Media's prior written consent;
- You shall not collect any email addresses made available on this site for purposes of promotions or marketing campaigns;
- You shall not distribute, on or through Lawyerport, any direct advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without Law Bulletin Media's prior written permission;
- You shall not use or otherwise export or re-export Lawyerport, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country;
- You may not create computer applications, extensions, or other products and services that use Lawyerport content without Law Bulletin Media's permission. You may not aggregate or otherwise use Lawyerport content in a manner that could reasonably serve as a substitute for a subscription to Lawyerport. You shall not use any of the Lawyerport services in conjunction with any third party product or service without prior written consent from Law Bulletin Media;
- You shall not circumvent or aid in circumventing the restrictions and limitations inherent in the different levels of Lawyerport services, for example by using one user's level of service to access content for the benefit of another user with a lesser level of service. Any violation of this limitation shall result in you and the Subscriber being liable for the charges for the higher level of service for the user improperly benefiting in this fashion for the full term of the Agreement;
- By accessing or using Lawyerport, you specifically acknowledge and agree that Associated Press text, photo, graphic audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.; and
- You are solely responsible for making backup copies or otherwise safekeeping any information or material provided to Law Bulletin Media and Law Bulletin Media shall have no obligation to preserve, store, or return any information (including images or any other form of content) which it may receive from you.
- Law Bulletin Media reserves the right to grant, upon your request, exceptions and permissions contrary to these restrictions, but such grants will be effective only if such exceptions and permissions are in writing signed by a duly authorized executive of Law Bulletin Media and based upon your prior full disclosure of the facts and circumstance relating to the request. Such exceptions and permissions may be revoked at any time by Law Bulletin Media for any reason it deems appropriate, without regard to any reliance on your part.
4. DIGITAL MILLENIUM COPYRIGHT ACT ("DMCA") NOTICE. Materials may be made available via Lawyerport by third parties not within Law Bulletin Media's control. Law Bulletin Media is under no obligation to, and does not scan content used in connection with Lawyerport to monitor for illegal or impermissible content. However, Law Bulletin Media respects the copyright interests of others. Law Bulletin Media's policy is to not permit materials known by Law Bulletin Media to infringe another party's copyright to remain on Lawyerport. If you believe any materials on Lawyerport infringe a copyright, you should provide Law Bulletin Media with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit Law Bulletin Media to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to:
Law Bulletin Media
Attn: Legal Counsel
415 N. State St.
Chicago, IL 60654
(312) 644-4255 - fax
Law Bulletin Media's policy is to terminate relationships with third parties who repeatedly infringe the copyrights of others.
5. DISCLAIMERS. Law Bulletin Media makes the following disclaimers:
- The content contained on Lawyerport has been prepared by Law Bulletin Media as a service to its users. It is provided only for general information and is not intended to address your particular requirements or to constitute any form of advice or recommendation (including legal advice). Law Bulletin Media has used reasonable efforts in collecting, preparing and providing quality information and material, but it does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to Lawyerport. Users of information from Lawyerport or links do so at their own risk and acknowledge that this information should not be relied upon in making (or refraining from making) any specific investment or other business or personal decisions (professional advice should always be obtained before making any such decision).
- YOUR ACCESS TO AND USE OF LAWYERPORT AND THE CONTENT AVAILABLE THROUGH LAWYERPORT IS ON AN "AS-IS"AND "AS AVAILABLE" BASIS. Law Bulletin Media SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Law Bulletin Media AND ANY THIRD PARTY SUPPLIER (IF APPLICABLE) DO NOT WARRANT THAT THE LICENSED MATERIALS ARE ERROR-FREE IN CONTENT.
6. LIMITATIONS ON LIABILITY. You agree that Law Bulletin Media's liability is limited in accordance with the following:
- Law Bulletin Media will use commercially reasonable efforts to make the Lawyerport services readily available, but in no event Law Bulletin Media shall be liable for any outages or delays in providing such services. Processing information within the Lawyerport system requires some measure of time, and Law Bulletin Media shall have no responsibility or liability for errors or omissions during such period of processing. Advance notice of scheduled downtime for maintenance and other necessary operations shall be provided to the Lawyerport User Administrator. In performing this Agreement Law Bulletin Media may employ or utilize third parties to store or process data and information relating to the Subscriber's account.
- Law Bulletin Media may link to, or promote web sites or services from other companies on Lawyerport or offer you the ability to download content or software from other companies. You agree that Law Bulletin Media is not responsible for, and does not control, those web sites or their content, services and software.
- Law Bulletin Media AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE LAW BULLETIN PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF LAWYERPORT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATIONS, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE LAW BULLETIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE LAW BULLETIN PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
7. INDEMNIFICATION. You agree to indemnify, defend and hold Law Bulletin Media harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these Terms of Service or your use of Lawyerport in any manner.
8. INTELLECTUAL PROPERTY OWNERSHIP.
- You hereby acknowledge that Law Bulletin Media either owns (or has interest in) all rights, title and other interests in the content and services available on Lawyerport (which encompasses all materials, including but not limited to articles, case data, directory data, images, illustrations, designs, icons, photographs, video and audio clips). Except as authorized herein, you shall not or permit anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of Lawyerport content or any information contained therein without the prior express written consent of Law Bulletin Media and shall refrain from infringing or prejudicing the intellectual property rights of third parties whose content is available through Lawyerport.
- Each party shall use its best efforts to safeguard the intellectual property, confidential information and proprietary rights of the other party.
- All Law Bulletin Media brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of Law Bulletin Media and neither they nor any confusingly similar versions may be used by you, including but not limited to as part of any trademarks and/or domain names without Law Bulletin Media's prior written consent.
- Any and all title, ownership rights, and intellectual property rights concerning any ideas, concepts, suggestions, materials and the like that either you or the Subscriber provides to Law Bulletin Media regarding Lawyerport or other Law Bulletin Media products or services shall become the exclusive property of Law Bulletin Media and may be used for its business purposes in its sole discretion without any payment, accounting, remuneration or attribution to Subscriber.
- You acknowledge that Lawyerport content is highly proprietary material in nature and that unauthorized copying, transfer or use may cause Law Bulletin Media irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this license may be enforced by Law Bulletin Media by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
9. AGREEMENT. Subscriber shall keep the terms of the governing its Subscription confidential and shall not disclose them to any third parties, including potential subscribers or persons competing or potentially competing with Law Bulletin Media's Lawyerport services. Law Bulletin Media may use the Subscriber's name, status as a subscriber, and general experience under this Agreement for promotional purposes. Subscriber shall not display or demonstrate the Lawyerport services to any third party, including but not limited to potential customers and competitors of Law Bulletin Media's Lawyerport services, but rather shall refer any such inquiries or interest in Lawyerport to Law Bulletin Media for handling.
10. TERMINATION. You acknowledge and agree that Law Bulletin Media, in its sole discretion, may terminate your Lawyerport access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms of Service or any applicable Subscription, and Law Bulletin Media shall not be liable to you or any third party for termination of Lawyerport access. Should you object to any Terms of Service for Lawyerport or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of Lawyerport.
11. ADVERTISERS. This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Lawyerport is accurate and complies with applicable laws. Law Bulletin Media is not responsible for the illegality of, or any error or inaccuracy in, advertisers' or sponsors' materials, or for the acts or omissions of such advertisers or sponsors.
12. GOVERNING LAW AND JURISDICTION. These Terms of Service for Lawyerport are governed by and construed in accordance with the laws of the State of Illinois, and any action arising out of or relating to these Terms of Service shall be filed only in state or federal courts located in Chicago, Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
13. CONTACT INFORMATION. If you have any questions about these Terms of Service for Lawyerport or about the content, information, or services on Lawyerport, you may contact us using any of the methods described on our Contact Us page.