PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.
By accessing or using any page of this website, you signify your assent to these
terms of use. If you do not agree to these terms of use, please do not access or
use any page of the website. We reserve the right, at our discretion, to change,
modify, add, or remove portions of these terms at any time. Please check these terms
periodically for changes. Your continued use of the website following the posting
of changes to these terms will mean you accept those changes.
ALM MEDIA. This website is owned and operated by ALM Media, LLC
("ALM"), a Delaware limited liability company with offices at 120 Broadway, 5th
Floor, New York, NY 10271. References to "ALM," "We," "Us" and "Our" may be construed
as references to ALM and its parents, subsidiaries, or divisions, including but
not limited to, ALM Media Properties, LLC and ALM Media Canada, Inc.
TRADEMARKS. All ALM brands and trademarks (whether registered or
unregistered) and graphics, logos, designs, page headers and button icons are subject
to the intellectual property rights of ALM 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 Our prior written consent.
OWNERSHIP OF CONTENT. Unless otherwise noted, all materials, including,
but not limited to, articles, images, illustrations, designs, icons, photographs,
video clips and audio clips that are part of the website (collectively, the "Content")
are protected by copyright and owned, controlled or licensed by Us or the party
credited as the provider of the Content. You shall abide by all additional copyright
notices, information or restrictions contained in any Content accessed through the
website.
PERMITTED USE OF CONTENT. Unless We have agreed in writing to the
contrary when you use the website and/or the Content you shall only view it on a
computer screen or print out a single copy of it (and not make or permit any further
copying of it) and not permit anyone else to view the Content from your computer
screen or print-out. For the avoidance of doubt, you agree not to distribute, reproduce,
modify, store, transfer or in any other way use any of the Content (including as
part of any database, library, news, information, archive, website or similar service)
other than as permitted in these terms of use.
PROHIBITED USE OF CONTENT. Unless We have agreed in writing to
the contrary you agree that you will not use the website, any Forum (defined below)
and/or any of the Content:
- in conjunction with any robot, spider, other automatic device, or manual process
that enables you to monitor or copy the Web pages or the Content;
- on any other website or networked computer environment;
- to create a database (electronic or otherwise);
- to promote or encourage the sale of your goods/services or those of any third party;
- to solicit other guests or users of the website to join or become members of any
commercial online or offline service or other organization;
- by transmitting or re-circulating it to any third party (otherwise than by use of
a hyperlink in accordance with the "Linking" paragraph below);
- in any way that involves removing copyright or trademark notice(s)
- to disseminate any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- to disseminate any material which is or may infringe the rights (including intellectual
property rights) of any third party or which is unlawful, threatening, defamatory,
obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in
breach of privacy, or which may restrict or inhibit the use of the website and/or
any of the Content by any person or which constitutes or encourages conduct that
may be considered a criminal offence or give rise to civil liability;
- to disseminate any material which does or may bring ALM or any of its brands into
dispute or in any way damage their reputation;
- to disseminate any material that may interrupt, damage, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment, including,
without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful data; or
- to post link(s) that take users to material that contravenes any of the above restrictions.
The following provision applies to all visitors (which shall include persons and
representatives of legal entities, whether such representatives are persons or digital
engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital
content). By accessing this website or digital service, you specifically acknowledge
and agree that (i) 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, and shall be subject to all terms and conditions
made available at the
AP Terms and Conditions web page available here; (ii) No Associated
Press materials nor any portion thereof may be stored in a computer except for personal
and non-commercial use; (iii) The Associated Press 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;
(iv) The Associated Press is an intended third party beneficiary of these terms
and conditions and it may exercise all rights and remedies available to it; and
(v) The Associated Press reserves the right to audit possible unauthorized commercial
use of AP materials or any portion thereof at any time.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE. Materials may
be made available via the Web Service by third parties not within our control. We
are under no obligation to, and do not, scan content used in connection with the
Web Service for the inclusion of illegal or impermissible content. However, We respect
the copyright interests of others. It is Our policy not to permit materials known
by us to infringe another party's copyright to remain on the Web Service. If you
believe any materials on the Web Service infringe a copyright, you should provide
us 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 Us 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 our designated agent as follows:
ALM Media, LLC
Attn: Associate General Counsel
120 Broadway, 5th Fl.
New York, NY 10271
(212) 457-9679
(646) 822-5159 - fax
Email:
copyright@alm.com
It is Our policy to terminate relationships regarding content with third parties
who repeatedly infringe the copyrights of others.
USAGE BY CHILDREN UNDER 13. The website is directed to adults and
is not directed to children under the age of 13. We cannot prohibit minors from
visiting the website so We 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. We comply with the Children's Online Privacy
Protection Act and do not permit registration by and will not knowingly collect
personally identifiable information from anyone under 13. This requirement will
be posted wherever We collect data within the website, such as during the registration
process.
MEMBER ACCOUNT. If you register as a user of this website, you
will be assigned a username and password that is unique to you. Such registration
may be subject to specific terms of registration with which you must comply. You
are responsible for maintaining the confidentiality of the username and password,
and responsible for all activities that occur under your username and password.
Your username and passwords must be used solely by you and sharing your username
and password with any other person or making it available to multiple users on a
network is strictly prohibited. Where you register with Us you also agree to:
- provide true, accurate, current and complete information about yourself as prompted
by the relevant registration form (such information being the "Registration Data");
and
- maintain and promptly update the Registration Data (by sending an appropriately
worded email to cle-counselor@alm.com)
to keep it fully up to date;
- ensure that you exit from your member account at the end of each session; and
- notify Us of any unauthorized use of your username and password or any other breach
of security at
customercare@alm.com
PRIVACY. Registration Data and certain other demographic information
about you are subject to Our privacy policy. For more information, see our privacy
policy at http://www.law.com/jsp/law/privacy.jsp,
which is incorporated in full herein by reference.
SOFTWARE. Copyright in any software that is made available for
download from the website and/or the Content belongs to Us or Our suppliers. Your
use of the software is governed by the terms of any license agreement that may accompany
or be included with it. Do not install or use any software unless you agree to such
license agreement.
SUBSCRIPTION SERVICES. Certain Content and services are available
only by securing a subscription ("Subscription Services"). Subscription Services
may be subject to additional terms and conditions (in additions to those set out
in these terms of use and/or in our Privacy Policy) which could include information
about the duration for which those Subscription Services will be provided and other
important information. If you wish to enjoy any Subscription Services you must accept
those additional terms and conditions.
ORDERING SUBSCRIPTION SERVICES. Specifications and descriptions
of the Subscription Services and products to be supplied by Us on this website are
not intended to be binding and are intended only to give a general description of
the Subscription Services and products to be supplied by Us. We warrant that we
have the right to supply all Subscription Services and products offered by Us on
the website and that they will substantially comply with their description. All
Subscription Services and products are provided on an "as is" and "as available"
basis. To the maximum extent permissible, We make no other warranties or promises
about the Subscription Services and products and any implied warranties are excluded.
We do not promise that Subscription Services and products are necessarily available,
and all Subscription Services and products are offered subject to availability.
Once you click on the "Confirm Order/Proceed" button We will treat the order as
an offer by you to avail yourself of Subscription Service/product subject to these
terms and conditions of sale. You are responsible for ensuring the accuracy of your
order. If We accept your offer, We shall confirm each order on-line via the internet
and/or by email and Our confirmation of the order in writing (in the form of an
email) shall be Our acceptance of the contract between the parties. The terms of
your order will not be filed electronically and will not be made available to you
on request so you should print off and retain Our confirmation of the order for
your records.
FEE BASED SUBSCRIPTIONS. Certain Subscription Services and/or products
are only available if you purchase them for a fee ("Fee-Based Subscription Services").
You agree to pay for Fee-Based Subscription Services, using a valid credit card
which We accept or other form of accepted payment and the monthly or annual subscription
charges for Fee-Based Subscription Services ("the Fees") will be set forth on the
relevant page of the website. You must also pay all applicable taxes and other charges
(such as delivery charges) incurred on your account in order to access Fee-Based
Subscription Services. All Fees are quoted in US Dollars and must be paid in full,
including all applicable taxes and other charges, except where discounts are offered
as detailed on the website. If you are placing an order from outside of the United
States, your card issuer may convert the charge into your local currency. We reserve
the right to change the Fees or applicable charges and to institute new Fees and
charges at any time, upon thirty (30) days prior notice to you (which may be sent
by email). In the event you cancel the Fee-Based Subscription Service, We will not
refund any fees already paid by you for the then current term. If you believe we
have billed you incorrectly, you must contact Us no later than 60 days after the
closing date on the first billing statement in which the error or problem appeared,
in order to receive an adjustment or credit. Inquiries and cancellation requests
should be directed to Our Customer Support department
customercare@alm.com or by phone at 1-877-256-2472.
CLE CENTER LIMITATIONS ON REPORTING FEES. In states where we pay
per credit, certain subscriptions may include reporting fees for the state’s credit
requirements per reporting cycle plus carryover credits. Any amount above that will
be billed to a subscriber’s credit/debit card. The following states are included:
Illinois, Hawaii, Tennessee, Georgia, Pennsylvania, Nebraska, Utah and Washington.
CLE CENTER COURSE EXPIRATION DATES. Due to the different rules
and guidelines for each state governing MCLE requirements, certain courses will
expire at different times. To be sure that you are taking courses before their expiration
dates, please check the course page. The rules state that you must apply for credit
with the CLE governing body for your state on or before the date of expiration.
We are not responsible for any actions taken against the lawyer for failure to complete
required CLE credits on time because of an expiration issue.
DELIVERY AND CANCELLATIONS. Where your Subscription or product
order involves the delivery of a physical item or items they will be delivered to
the address that you indicate when you place an order through the website and risk
of damage to or loss of them shall pass to you at the time of delivery even if they
have not been received by you in person. Any times quoted for delivery are approximate
only and We shall not be liable for any delay in delivery howsoever caused. We shall
confirm each order of a physical item in writing by sending you a receipt along
with your products. Requests for returns or cancellations can be made to
customercare@alm.com and refunds for unused portions may be granted
in ALM's sole discretion.
FORUMS, CHAT PAGES AND COMMUNICATIONS. For the purposes of these
terms of use "Forum" means letters, emails or other types of communications to the
editors, Webmaster(s) or employees of ALM, and messages posted to them or to other
users in connection with online seminar discussions, forums, blogs or chat-pages
on the website.
Forums are provided for your exchange of lawful, relevant, fair and appropriate
information, opinions and comment. Use of the Forums that is inconsistent with those
stated purposes or which is prohibited under these terms of use is prohibited. We
have the right, but not the obligation to monitor or edit Forum content or Forum
materials, and may do so at any time, including but not limited to the course of
normal maintenance of the website and its systems or in the good-faith belief that
such action is necessary to: (1) comply with the law or comply with legal process
served on Us; (2) protect and defend the legitimate business interests, rights or
property of Us, Our users, advertisers, customers, sponsors, advertisers or affiliates;
or (3) act in an emergency to protect the personal safety of Our guests or the public.
You shall remain solely responsible for the content of your communications.
By uploading materials to any Forum or submitting any materials to Us, you automatically:
- grant (or warrant that the owner of such rights has expressly granted) Us 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;
- warrant that all so-called "moral rights" in those materials have been waived; and
- warrant to Us that all such content complies in all ways with the provisions of
these terms of use.
If you object to the publication of any material placed on the website please contact
Us by sending an appropriately worded email to
customercare@alm.com and we will take whatever action we deem appropriate.
We accept no responsibility for any statements, material or other submissions placed
on Forums by users.
INDEMNIFICATION. You agree to indemnify, defend and hold Us harmless
from any liability, loss, claim and expense, including reasonable attorneys fees,
related to your violation or alleged violation of these terms of use or your use
of the website.
NON-TRANSFERABILITY. Your right to use this website is not transferable.
Any password or right given to you to obtain information is not transferable.
JURISDICTION. Unless otherwise specified, the Content on the website
is presented solely for the purpose of promoting publications and other products
available in the United States its territories, possessions, and protectorates.
ALM makes no representation that Content on the website is appropriate or available
for use in other locations. Those who choose to access the website from other locations
do so on their own initiative and are responsible for establishing the usability
or correctness of any information or Content under any or all jurisdictions and
the compliance of that information or Content with local laws, if and to the extent
local laws are applicable.
All users, including those users who access the website from a country other than
the United States, agree that the federal and state laws of New York shall govern
any dispute, including those arising from Our use of personal information or otherwise
relating to privacy, as specified in the
Your Privacy policy.
TERMINATION. These terms are effective until terminated by either
party. You may terminate these terms at any time by destroying all Content obtained
from any and all website(s) and all related documentation and all copies and installations
thereof, whether made under these terms or otherwise, and thereafter refraining
from making any use of the website or the Content. The privileges granted to you
by these terms, including the maintenance of a member account, will terminate immediately
without notice from Us if, in Our sole discretion, you fail to comply with any provision
of these terms. Upon termination, you must destroy all Content obtained from the
website and all copies thereof, whether made under these terms or otherwise and
thereafter refrain from making any use of the website or the Content. We may take
such further action as We determine to be appropriate under the circumstances to
eliminate or preclude repeat violations, and We 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 Our exercise of Our rights under these terms of use.
DISCLAIMER. THE CONTENT IN THE WEBSITE IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALM Media DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. ALM Media DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILST ALM Media ENDEAVOURS TO
ENSURE THAT THE WEBSITE IS NORMALLY AVAILABLE 24 HOURS A DAY, IT SHALL NOT BE LIABLE
IF FOR ANY REASON THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. ACCESS
TO THE WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM
FAILURE, MAINTENANCE OR REPAIR OR FOR ANY OTHER REASONABLE CAUSE. ALM Media DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT ALM Media) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL ALM MEDIA, LLC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE
WEBSITE, EVEN IF ALM MEDIA OR AN ALM MEDIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ALM MEDIA 'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
NOT LEGAL ADVICE. The Content contained on the website has been
prepared by Us as a service to Our readers and the Internet community. 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).
We have used reasonable efforts in collecting, preparing and providing quality information
and material, but do not warrant or guarantee the accuracy, completeness, adequacy
or currency of the information contained on or linked to the website. Users of information
from the website 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).
OTHER PRODUCTS. Any reference made by the website to any specific
commercial product, process, or service (or provider of such product, process or
service) by trade name, trademark, hyperlink, or otherwise, does not constitute
or imply an endorsement, recommendation, or favoring by Us. Content on the website
may be provided by third parties and users. Any opinions, advice, statements, services,
offers or other information expressed or made available by third parties, including
information providers, users or others, are those of the respective author(s) or
distributor(s) and do not necessarily state or reflect those of ALM.
LINKS TO OTHER WEBSITES AND SERVICES. To the extent that the website
contains links to outside services and resources, We do not control the availability
and content of those outside services and resources. These links are provided solely
for your convenience. If you use these links, you leave the website. ALM does not
endorse or make any representations about these third party sites, or any material
found on them, or any results that may be obtained from using them. If you decide
to access any of these third party webs Sites you do so entirely at your own risk.
Any concerns regarding any such service or resource, or any link thereto, should
be directed to the particular service or resource.
LINKS FROM OTHER WEBSITES. You may link to any page of the website
subject to the following conditions:
- you do not replicate the home page of the website;
- you do not create a frame or any other browser or border environment around the
website;
- you only link to freely available Content (and not link to any Content that is only
made to users with a username and password);
- you do not in any way imply any endorsement by ALM other than with its written consent
or misrepresent your relationship with ALM;
- you do not use any logos or trademarks displayed on the website without the express
written permission of ALM;
- the linking website does not contain content that is distasteful, offensive or controversial,
that infringes any intellectual property rights or other rights of any other person
or otherwise does not comply with all applicable laws and regulations.
OTHER. These terms shall be governed by and construed in accordance
with the laws of New York. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the federal or state courts
located in New York County, New York and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions. This is the entire
agreement between us relating to the subject matter herein and shall not be modified
except as provided herein or in writing, signed by Us. To the extent that anything
in or associated with the website is in conflict or inconsistent with these terms
of use, these terms of use shall take precedence. Our failure to enforce any provision
of these terms of use shall not be deemed a waiver of such provision nor of the
right to enforce such provision.
LAST UPDATED: November 13, 2012