By using
or continuing to use the American Masters of Laws Association Web
Site you agree with the following:
1.
ACCEPTANCE OF TERMS
Welcome
to American Masters of Laws Association Web Site, American Masters
of Laws Association (AMOLA) provides its service to you, subject to
the following Terms of Service Agreement ("TOS"), which
may be updated by us from time to time without notice to you. In addition,
when using particular AMOLA services, you and AMOLA shall be subject
to any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
AMOLA
provides or may provide users with access to a rich collection of
resources, including, various communications tools, forums, shopping
services, personalized content and branded programming through its
network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and that these
advertisements are necessary for AMOLA to provide the Service. You
also understand and agree that the service may include certain communications
from AMOLA, such as service announcements, administrative messages
and the AMOLA Newsletter, and that these communications are considered
part of AMOLA membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new AMOLA
properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that AMOLA assumes
no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
You
are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those
fees associated with the display or delivery of advertisements. In
addition, you must provide and are responsible for all equipment necessary
to access the Service.
Please
be aware that AMOLA may create certain areas on the Service that contain
adult or mature content. You must be at least 18 years of age to access
and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or AMOLA has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, AMOLA
has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof).
AMOLA is concerned about the safety and privacy of all its users.
For this reason, no user of the service may be under the age of 18
years.
4. AMOLA PRIVACY POLICY
Registration
Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy at http://www.amola.org/privacy.htm
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
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 activities that occur under your password or account. You
agree to (a) immediately notify AMOLA 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. AMOLA
cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5.
6. MEMBER CONDUCT
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 AMOLA, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via
the Service. AMOLA does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will AMOLA be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You
agree to not use the Service to:
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a. |
upload,
post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; |
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b. |
harm
minors in any way; |
|
c. |
impersonate
any person or entity, including, but not limited to, a AMOLA
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
|
d. |
forge
headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service; |
|
e. |
upload,
post, email, transmit or otherwise make available any Content
that you do not have a right to make available 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); |
|
f. |
upload,
post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party; |
|
g. |
upload,
post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in
those areas (such as shopping rooms) that are designated for
such purpose; |
|
h. |
upload,
post, email, transmit or otherwise make available 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; |
|
i. |
disrupt
the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges; |
|
j. |
interfere
with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service; |
|
k. |
intentionally
or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the
force of law; |
|
l. |
"stalk"
or otherwise harass another; or |
|
m. |
collect
or store personal data about other users. |
You
acknowledge that AMOLA does not pre-screen Content, but that AMOLA
and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, AMOLA and its designees
shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. 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 AMOLA or submitted to AMOLA, including without
limitation information in AMOLA Message Boards, and in all other parts
of the Service.
You
acknowledge and agree that AMOLA 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 AMOLA, 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.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
AMOLA
does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the
Service, you grant AMOLA the following world-wide, royalty free and
non-exclusive license(s), as applicable:
- With
respect to Content you submit or make available for inclusion on
publicly accessible areas of AMOLA Services, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of providing
and promoting the specific AMOLA Service to which such Content was
submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service
and will terminate at the time you remove or AMOLA removes such
Content from the Service.
- With
respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service, the license
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove
or AMOLA removes such Content from the Service.
- With
respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas
of the Service, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or
in part) and to incorporate such Content into other works in any
format or medium now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the AMOLA
network of properties that are intended by AMOLA to be available to
the general public. By way of example, publicly accessible areas of
the Service would include AMOLA Message Boards and portions of AMOLA
Clubs and AMOLA Groups that are open to both members and visitors.
However, publicly accessible areas of the Service would not include
portions of AMOLA Clubs and AMOLA Groups that are limited to members,
AMOLA services intended for private communication such as AMOLA Email
Service, or areas off of the AMOLA network of properties such as portions
of World Wide Web sites that are accessible through AMOLA Webring
but are not hosted or served by AMOLA.
9. INDEMNITY
You
agree to indemnify and hold AMOLA, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post,
transmit or make available 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.
10. NO RESALE OF SERVICE
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.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that AMOLA 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 AMOLA’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 AMOLA
has no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that AMOLA reserves
the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that AMOLA reserves the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
AMOLA
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 AMOLA shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
13. TERMINATION
You
agree that AMOLA, 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 AMOLA believes that you
have violated or acted inconsistently with the letter or spirit of
the TOS. AMOLA 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 AMOLA 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 AMOLA shall not be liable to you or any third-party
for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that AMOLA shall not be
responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
15. LINKS
The
Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because AMOLA has no control over
such sites and resources, you acknowledge and agree that AMOLA 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 AMOLA 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.
16. AMOLA’S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software
used 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 AMOLA or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or
in part.
AMOLA
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 AMOLA for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
|
a. |
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
AMOLA 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. |
|
b. |
AMOLA
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. |
|
c. |
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 THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. |
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d. |
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM AMOLA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMOLA 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, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMOLA 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.
19. EXCLUSIONS AND LIMITATIONS
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.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If
you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the
investor beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended
for trading or investing purposes. AMOLA and its licensors shall not
be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such information.
21. NOTICE
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.
22. TRADEMARK INFORMATION
AMOLA,
the AMOLA logo, AMOLA in Chinese Characters, My AMOLA and other AMOLA
logos and product and service names are trademarks of American Masters
of Laws Association (the "AMOLA Marks"). Without AMOLA's
prior permission, you agree not to display or use in any manner, the
AMOLA Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
AMOLA
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, or your intellectual
property rights have been otherwise violated, please provide AMOLA's
Copyright Agent the following information:
1.
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
2.
a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3.
a description of where the material that you claim is infringing
is located on the site;
4.
your address, telephone number, and email address;
5.
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
6.
a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
AMOLA's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By
mail:
Copyright Agent
c/o American Masters of Laws Association
P.O. Box 5466
Washington, DC 20016
By email: support@amola.org
24. GENERAL INFORMATION
The
TOS constitute the entire agreement between you and AMOLA and govern
your use of the Service, superceding any prior agreements between
you and AMOLA. 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 AMOLA shall be governed by the laws of the District of Columbia
without regard to its conflict of law provisions. You and AMOLA agree
to submit to the personal and exclusive jurisdiction of the courts
located within the District of Columbia. The failure of AMOLA 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
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.
25. VIOLATIONS
Please
report any violations of the TOS to our Support team at support@amola.org
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