TERMS & CONDITIONS - Cesari-Reed
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  1. Introduction

 

Welcome to the website (“Website”) of IPSalad, which is produced by the law firm of Cesari & Reed, LLP of Austin, TX (“IPSalad”). This Website and the content herein are provided to you subject to these terms and conditions (“Terms”). This document is a contractual agreement (“Agreement”) between you and IPSalad. You Agree as follows.

 

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IPSALAD.COM. PLEASE READ THE TERMS CAREFULLY. The Site is offered to You conditioned on Your acceptance of the Terms. Your access or use of the Site constitutes Your agreement to the Terms without limitation. If you do not agree to the Terms, you must not use the Site.

 

As a condition for accessing or utilizing any part of the Website, you hereby agree to all terms of this Agreement. IPSalad may modify this Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the website, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications. You can review the most current version of this Agreement by visiting http://www.ipsalad.com/.

 

  1. Definitions

 

“Personally Identifiable Information” means any information that identifies an individual, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, or mother’s maiden name.

 

“Website” means the website you are viewing at the moment, and also includes any and all websites owned, operated or controlled by IPSalad, including http://www.ipsalad.com.

 

“User” or “you” or “your” refers to any and all individuals, companies, organizations, and other entities who access or use this Website in any way imaginable, whether through existing technology or through technology not heretofore manufactured or discovered, or who request, purchase, subscribe to, access, or otherwise use the services and products offered by IPSalad.

 

  1. Comments are Public and Insecure Communications

 

Any comments you make on this Website, over the Internet, or via a message board, etc., should be regarded as an insecure communication and be considered a public disclosure. Any comments or information you post to IPSalad are NOT confidential and will be considered a public disclosure that may bar or invalidate your intellectual property rights if the comments contain confidential or sensitive information.

 

  1. Purpose

 

Information provided on the IPSalad website is published as a service to the public and for general discussion purposes. The information contained on the pages of the IPSalad website is not legal advice and should not be considered legal advice. The content is merely intended to be informational and thought-provoking and to be used as a resource. In the event that you are seeking answers to a particular legal issue, the owners of IPSalad recommend that you seek legal advice from a qualified professional who specializes in the particular area of law so that such a professional can provide meaningful advice.

 

  1. No Attorney Client Relationship

 

No attorney-client relationship will be established through use of the website, submission of comments, or transmission of email or other electronic or phone mssages to IPSalad. The site is informational, and receipt of the information does not create an attorney-client relationship. Internet readers should not act upon or rely upon the information provided without seeking professional counsel. The information is provided without any knowledge as to the reader’s identity or particular circumstances and is not addressed to a particular reader. Further, the application and impact of relevant laws will vary from jurisdiction to jurisdiction. Additionally, the information may be incomplete and may fail to address particular issues or circumstances. The information providing of information on the IPSalad website does not constitute the rendering of legal, accounting, tax, career or other professional advice or services.

 

  1. Unavailability

 

IPSalad may alter, suspend, or discontinue the website at any time for any reason, without notice or cost. Additionally, the IPSalad Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

 

  1. Refusal & Termination of Service

 

IPSalad reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.

 

  1. Intellectual Property

 

Unauthorized duplication of this Website, in whole or in part, or of any content downloaded from the Website is a violation of United States copyright law and international treaties.

 

A. Copyrights

Unless otherwise stated, Cesari & Reed, LLP owns all copyrights in and related to this Website and the content thereof, including, without limitation, all text, graphics, images, video material, audio material, publications, compilations, and other content (“Copyright Material”). The Copyright Material is protected by state, federal, and international copyright laws. You may use portions of the Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the IPSaladWebsite. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, or display, or any commercial use of the content on this site are strictly prohibited by law.

 

B. Trademarks

IPSALAD and the IPSalad design, images, and graphics are trademarks, trade names, or service marks of IPSalad, which may not be used in any manner by any person, organization, or entity, or in connection with any product or service, without the express written authorization of Cesari & Reed, LLP. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.

 

C. Patents

IPSalad will include discussions of patents, the patent process, and patentable material. Any comments or information you post to IPSalad are NOT confidential and will be considered a public disclosure that may bar or invalidate your intellectual property rights if the comments contain confidential or sensitive information. The attorneys that operate IPsalad.com are not representing you, and you agree they are not, unless you have a signed client engagement agreement from them in which they agree to represent you; otherwise you are not represented by Cesari & Reed, LLP or any attorney associated therewith.

 

D. Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent for IPSalad:

INSERT DMCA AGENT INFORMATION

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
  3. A reasonably detailed description of where the alleged infringing material is located on this website;
  4. 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;
  5. 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;
  6. 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.

 

  1. Submissions

 

IPSalad values and encourages feedback on our products and services. Pursuant to IPSalad company policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested from you by IPSalad. DO NOT SEND CREATIVE SUBMISSIONS TO IPSALAD.COM OR INCLUDE CREATIVE MATERIAL IN ANY POSTS TO IPSALAD.COM. If you choose to send any creative submissions to us, despite our request that you do not send submissions to us, then you hereby irrevocably license any and all rights, worldwide, in and to each submission (including the individual elements of each submission), including, without limitation, all copyright rights, trademark rights (and goodwill appurtenant thereto), trade secret rights, industrial rights, patent rights, and moral rights, whether now existing or hereafter arising. IPSalad shall be entitled to complete unrestricted use of the submissions and all information contained therein for any purpose, whether commercial or otherwise, without compensation to or recognition of the author or provider of the submissions.

 

  1. Visitor Representations & Warranties

 

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Website, products, and services in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Website, products, and services and to comply with your responsibilities and obligations as stated in this Agreement.

You further represent and warrant that you will not provide the name, address, email address, phone number, or other personally identifiable information of any person under the age of 18. Violation of this provision is grounds for immediate cancellation of this Agreement and any accounts, logins, and any other benefits offered hereunder.

You represent and warrant that you own, or have otherwise lawfully obtained the right to use, all right, title and interest in and to all photographs, images, sound, recordings videos, graphics, information, data, or other content (jointly and severally “User Content”) which you may upload, post, or otherwise use or make available on or through this Website, and that your posting, uploading, reproduction, distribution, performance, display or other use of the User Content does not, and shall not, infringe or violate the rights of any third party. Further, you hereby grant an irrevocable, royalty-free, worldwide license to the User Content to IPSalad.com and Cesari & Reed, LLP to do whatever they want with the User Content, including reproducing, preparing derivative works, distributing copies, performing or broadcasting publicly, displaying publicly, translating to other languages, digitally perform copyrighted sound recordings, and adapting the User Content.

 

  1. Governing Law, Jurisdiction, & Venue

 

All uses of the Website, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles. You further irrevocably agree that the state and federal courts situated in Travis County, Texas shall have exclusive jurisdiction and venue over any and all disputes arising under or related to this Agreement and you hereby expressly waive jurisdiction and venue in any other forum.

 

  1. INDEMNIFICATION

 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS IPSALAD AND CESARI & REED, LLP, ITS PAST, PRESENT AND FUTURE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARTNERS, OWNERS, JOINT VENTURERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. IPSALAD MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT IPSALAD’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT IPSALAD’S WRITTEN APPROVAL.

 

  1. LIMITATION OF LIABILITY

 

ACCESS TO THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT IPSALAD AND CESARI & REED, LLP, ITS PAST, PRESENT AND FUTURE PARTNERS, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, JOINT VENTURERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR IPSALAD’s PROVISION OF THE CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY IPSALAD EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, IPSALAD SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.

 

  1. DISCLAIMER OF ALL OTHER WARRANTIES

 

ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE PROVIDED ON AN “AS IS” BASIS. THERE IS NO GUARANTEE THAT ANY STATEMENTS, GOODS OR SERVCIES PROVIDED TO YOU HEREON WILL MAKE YOU FEEL BETTER. IPSALADMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. IPSALAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IPSALADSHALL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.

 

  1. Lawful Purpose

 

The IPSalad Website may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of our preferred tastes is strictly prohibited. Examples of such information, data, or material include unauthorized use of copyrighted works, trademarks, trade secrets, or the dissemination of harmful, bullying, inaccurate, personally identifying information of another, or fraudulent content. Any conduct by any visitor or user that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of IPSalad is strictly prohibited. Using the Website to perform, or solicit the performance of, any illegal activity is also strictly prohibited.

 

In addition to the forgoing, the following uses are strictly prohibited and all users agree not to engage in such conduct, directly or indirectly:

  1. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, “spam,” chain letters/emails, telephone calls or any other form of solicitation to anyone.
  2. Spamming any email address that appears on the Website.
  3. Posting any multi-level-marketing, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business or commercial opportunity.
  4. Including any hidden text in your postings, including words in white or otherwise invisible font.
  5. Deleting or revising any material posted by any other person or entity.
  6. If you have a password allowing access to a nonpublic area of the Website, you are prohibited from sharing or disclosing it to any third party, and from allowing any third party to access the Website under your account.
  7. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than a public search engine and search agents available from IPSalad on the Website.
  8. Accessing the Website by any means other than through the interface that is provided by IPSalad for use in the public accessing the Website.
  9. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising a part of the Website.
  10. Aggregating, copying or duplicating in any manner any of the materials or information available from the Website.
  11. Framing of or linking to any of the materials or information available from the Website.

 

  1. Severability

If any provisions of the Terms are found to be unlawful or unenforceable under applicable law, all other provisions of the Terms shall remain in full force and effect. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (i) that provision shall be deemed amended to achieve as nearly as possible the same effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

 

  1. Waiver

 

Failure of either Party to insist upon strict performance of any provision of the Terms or the failure of either Party to exercise any right or remedy to which the Party is entitled under the Terms shall not constitute a waiver thereof, and shall not cause a diminution of the Party’s obligations, rights, or remedies under the Terms. No waiver of any of the provisions of the Terms shall be effective unless the waiver is expressly stated in writing and signed by both Parties.

 

  1. Force Majeure

 

Neither Party shall be liable to the other for any failure to perform any obligation under the Terms which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of the Party’s control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall inform the other Party of the same and shall use all reasonable efforts to comply with the Terms.

 

  1. Entirety of the Agreement.

 

Absent a separate agreement to the contrary, these Terms constitute the entire agreement between You and IPSalad.com and Cesari and Reed, LLP.