THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS”) APPLY TO THE USE OF THE TEACHINGLAW.COM WEB SITE (THIS “SITE”):
This Site, including but not limited to, its information, data, materials, software, functionality, services, and content (the “Services”), is proprietary and is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright restrictions displayed in connection with the Services.
Your use of this Site constitutes ACCEPTANCE OF THE TOS. TeachingLaw.com (TLC) reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Your access to or use of this Site after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE MODIFIED TOS.
A. GENERAL.
1. Limited License.
a) Permitted Uses. TLC grants to you a nonexclusive, nontransferable, and limited license to access, store and use the Services only as expressly permitted in the TOS. The Services are solely and exclusively for your use (except as otherwise expressly permitted herein) and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOS. You may use data made available via the Services (“Data”) solely in the regular course of your legal coursework and research. Except as otherwise provided or permitted by TLC from time to time with respect to certain Data, you may print portions of Data and/or download portions of Data to a storage device under your exclusive control (such printed and stored data, “Downloaded Data”) solely to (i) access such Downloaded Data for purposes consistent with the terms and conditions of the TOS; and (ii) quote and excerpt from such Downloaded Data by electronic cutting and pasting or other means in memoranda, briefs, and similar work product created by you in the regular course of your research and coursework, provided, however, that in all cases you retain all copyright and other proprietary notices. Notwithstanding anything to the contrary set forth herein, upon notice you agree to comply with, and use of Data is subject to, any rules, restrictions and/or requirements of third-party data providers applicable to Data and your use of Data.
b) Restrictions. Except as expressly permitted in the TOS, you shall not: (i) recirculate, distribute, scrape, store, transmit, publish, broadcast, copy, download, or otherwise use the Services or any portion thereof in any form or by any means except with the prior written consent of TLC, and the consent of certain third-party data providers and other providers of data or services available through the Services, as applicable; (ii) share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Services, or Data, or any portion thereof; or (iii) store or use Downloaded Data in an archival database or other searchable database except as expressly permitted by the TOS or as quoted in your work product (in compliance with the TOS). Except as expressly permitted in the TOS, you shall not sell, license, or distribute Data (including Downloaded Data) to third parties or use Data as a component of or as a basis for any material offered for sale, license, or distribution. Notwithstanding anything to the contrary in the TOS, you may not use and may not authorize any third party to use the Services or Data (including Downloaded Data) in any manner (including, without limitation, with respect to quantity, frequency of access, or distribution or scope of distribution, as applicable) that could, in TLC’s good faith judgment, either cause the Services or Data so used to: (w) be a source of or substitute for the Services or Data; (x) affect TLC’s ability to realize revenue in connection with the Services or Data; (y) compete with the business of TLC or its affiliates; or (z) negatively affect TLC’s network or servers, including without limitation the speed of delivery of Data. Notwithstanding anything to the contrary in the TOS, TLC reserves the right, in its sole discretion, temporarily or permanently to block access to the Services and Data, including the ability to download or distribute any Data, at any time without notice and effective immediately. Unauthorized access or use of the Services or Data is unlawful and TLC and its suppliers shall have all rights provided by law to prevent such access or use and to collect damages in such event. Except as expressly permitted in the TOS, you shall not: (i) use this Site in any manner that could harm, take over, disable, overburden, or otherwise impair any of TLC or Georgetown University’s computer systems; (ii) interfere with any other party’s use and enjoyment of this Site, or any of the content, information or services provided on this Site; (iii) access, monitor or copy any content or information on this Site, including but not limited to user information, or this Site’s architecture, using any robot, spider, scraper, web crawler, or other automated means or any similar manual process or any software; (iv) violate the restrictions in any robot exclusion headers of this Site, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services; (v) attempt to gain unauthorized access to any services, servers, or networks used by this Site through any means; (vi) attempt to gain access to the Services or Data through any means not intentionally made available by TLC; or (vii) use the Services, the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of TLC or its affiliates in unsolicited mailings or spam material.
c) Term. The Term of the nonexclusive, nontransferable, and limited license to access, store, and use the Services herein shall be from the date of purchase through the end of the academic year in which the license was purchased.
d) Charges. You shall pay to TLC any applicable fee charged by TLC or a third-party in connection with fee-liable data or services accessed through the Services at your request where you are informed of such fees in advance.
e) Modifications. You agree that TLC has the right to change the content or technical specifications of any aspect of the Services at any time in TLC’s sole discretion. You further agree that such changes may result in your being unable to access the Services. The section titles in the TOS are used solely for the convenience of you and TLC and have no legal or contractual significance.
f) Assignment. You may not assign the TOS or the rights hereunder without the prior written consent of TLC. TLC may assign the TOS and delegate certain of its responsibilities, obligations, and duties under or in connection with the TOS to a third party or affiliate, which may discharge those responsibilities, obligations, and duties on behalf of TLC.
g) Cancellation/Refund Policy. TLC will refund you 100% of your purchase price provided you cancel your subscription within 30 days of purchase. Your request to cancel your subscription and application for a full refund must be emailed to Teachinglaw.com@gmail.com and must include 1) your first name, 2) your last name, 3) the date of your purchase, 4) the purchase order number, and 5) the original purchase price paid. Any request made 30 days or more after purchase is incomplete or not emailed to Teachinglaw@gmail.com will not be honored.
2. Consent and Participation.
You represent that you: (a) have completed any registration process and paid any applicable fees necessary to use this Site; (b) are at least 18 years of age, and (c) have read and agree to be bound by the TOS.
3. Intellectual Property.
The Services were written, developed, compiled, prepared, revised, selected, and arranged by Diana R. Donahoe (Professor Donahoe) and others (including certain information sources) (individually and collectively, “IP Rights Holders”) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the IP Rights Holders, and you acknowledge and agree that you have no ownership rights in or to the Services and that no such rights are granted under the TOS. You agree to protect the proprietary rights of the IP Rights Holders during and after your use of the Services. You shall honor and comply with all written requests made by IP Rights Holders to protect their contractual, statutory, and common law rights in the Services with the same degree of care used to protect your own proprietary rights, which in no event shall be less than reasonable efforts. You agree to notify TLC in writing promptly upon becoming aware of any claim that the Services infringe any patent, copyright, trademark, or other contractual, statutory, or common law rights. Professor Donahoe shall retain all rights to all data comprising or included in the Services (including without limitation related information, such as instructional materials and videos). The granting of this license does not affect the ownership of any data or materials, whether tangible or intangible.
4. Security, Registration and Monitoring.
a) Security. You agree to promptly notify TLC at TeachingLaw.com@gmail.com of any known or suspected unauthorized use of the Services, including but not limited to the User ID, or any known or suspected breach of security, including but not limited to, loss, theft, or unauthorized disclosure of a User ID. You agree properly to exit the Services at the end of each session. TLC shall not be liable to you or any third person or entity for any loss or damage arising from your failure to comply with these requirements. If a device on which the Services is accessed is sold or transferred to another party, you agree to delete all cookies and software files obtained by or through use of the Services that are stored on such device. Notwithstanding anything else herein, TLC reserves the right to pursue any and all claims against you and any person or entity using your User ID.
b) Registration and User ID. As part of the registration process that may be necessary to obtain access to the Services, certain registration information will be provided to TLC. You represent that your registration information is accurate and truthful. You shall promptly inform TLC of any updates to your registration information in order to keep it true, accurate, and up to date. Each registration is for a single user only. TLC reserves the right to deny creation of your account based on TLC’s inability to verify the authenticity of your registration information. You shall gain access to the Services through a unique username and password (your unique username and password, the “User ID”), which may be used by you to gain access to the Services only for so long as you are authorized to access and use the Services in accordance with the TOS. You agree to treat the User ID as confidential and not to disclose such User ID, either directly or indirectly, to any person. You shall not use a User ID that TLC, in its sole discretion, deems offensive or inappropriate. You are fully responsible for all usage and activity of the Services through you, including, but not limited to, any use of the User ID. Only you may access the Services through the User ID and access may not be shared with any other person or used in any manner that is inconsistent with the TOS. You agree to maintain only one account with the Services at any time and certify that you currently have no other account(s) with the Services.
c) Audit and Monitoring. TLC reserves the right periodically to audit and monitor (physically or electronically) the use of the Services to ensure compliance with the TOS and to maintain and improve the provision of the Services. Notwithstanding anything to the contrary in the TOS, TLC shall have the right to use and disclose information obtained from or input by you as part of any legal process or proceeding or as required by law.
5. Limitation of Liability.
a) Liability. Neither TLC nor its affiliates makes any warranty of any kind, express or implied, as to the services or results to be attained by you or others from the use of the services and disclaims all express or implied warranties, including but not limited to, merchantability, fitness for a particular purpose or user, or non-infringement. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TLC does not warrant that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by TLC or its affiliates, are or will be free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and TLC and its affiliates are not liable for any damage you may suffer as a result of such destructive features. None of TLC, its affiliates, or their respective suppliers and third-party agents shall have any responsibility or liability, contingent or otherwise, for any injury or damages, whether caused by the negligence of TLC, its affiliates, any of their respective employees, subcontractors, agents or equipment vendors or otherwise, arising in connection with the Services, or for any lost profits, losses, incidental, consequential, special, punitive, or exemplary damages or for any claim against you by any other party, even if TLC has been advised specifically of the possibility of such damages, including without limitation any inability or failure to perform legal or other research or related work or to perform such legal or other research or work properly or completely (even if assisted by TLC or its affiliates). None of TLC, its affiliates, or their respective suppliers guarantee the accuracy, correctness, completeness, or timeliness of the Services or any programs, data, or other information furnished in connection therewith. You are solely responsible for the accuracy and adequacy of the data and information you use and the resultant output thereof. Notwithstanding anything to the contrary set forth herein, to the maximum extent permitted by law, none of TLC, its affiliates, or their respective suppliers shall, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies, delays, errors, or interruptions in the Services from whatever cause, or any loss or damage arising therefrom or occasioned thereby, or by reason of any nonperformance. TLC does not control the content of other web sites, services, goods, or advertisements that may be linked to the Services and therefore is not responsible for the availability, content, or accuracy of linked web sites, services, goods, or advertisements. Notwithstanding anything to the contrary in the TOS, to the extent permitted by law, the aggregate liability of TLC and its affiliates arising in connection with the TOS and the Services for damages, regardless of the form of the action, shall not exceed $500. Notwithstanding the foregoing, the TOS shall not limit any liability for death or personal injury directly resulting from negligence if and to the extent such limitation would violate applicable law. No action, regardless of form, arising out of or pertaining to the Services may be brought by you more than one year after the cause of action has accrued.
b) Warranties. Each time you use the Services, you shall be deemed to represent, warrant, and covenant to TLC that: (i) you have all requisite regulatory and legal authority to enter into and be bound by the TOS; and (ii) your use of the Services complies with all applicable laws, rules, and regulations.
c) Legal Advice and other Advice. No attorney-client relationship is formed with TLC, its affiliates, or any supplier of data through use of the services. None of the services or any portion constitute a solicitation, offer, opinion, or recommendation by TLC, its affiliates, or any supplier of data for any transaction in any financial instrument, including but not limited to securities, or to provide legal or financial advice or services. None of TLC, its affiliates, or any supplier of data is engaged in rendering legal, accounting, or other professional services. IF LEGAL OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON DATA.
d) Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the party or parties affected.
e) Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communication. TLC assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communication. TLC disclaims all liability for any third-party communication you may receive or any actions you may take or refrain from taking as a result of any communication directed to you from any third party directly or indirectly in connection with this Site and the Services provided herein (“Third-Party Communication”).
f) Remedies. TLC retains the right temporarily or permanently to block access to the Services if TLC, in its sole discretion, believes the Services have been or may be used for an improper purpose or in violation of the terms of the TOS. If you breach any provision of the TOS, TLC shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude TLC from pursuing any action or other remedy for any breach or threatened breach of these TOS, all of which shall be cumulative. If TLC prevails in such action, TLC shall be entitled to recover from you all reasonable costs, expenses and attorneys’ fees incurred in connection therewith.
6. Termination.
Notwithstanding anything to the contrary in the TOS, TLC reserves the right to terminate the TOS, or suspend or terminate your access to and use of the Services and Data, or any portion thereof, in its sole discretion, at any time without notice and effective immediately. The TOS and your access to the Services will terminate immediately without notice from TLC if you, in TLC’s sole discretion, fail to comply with any provision of the TOS. TLC shall not be liable to you or any third party for the termination or suspension of the Services or access to the Data, or any claims related to the termination or suspension of the Services or access to the Data. You may terminate the TOS immediately upon written notice to TLC if you also discontinue your access to and use of the Services. Upon termination of the TOS for any reason whatsoever, you shall discontinue your access to and cease all use of the Services.
7. Miscellaneous
a. Parties. You recognize that TLC, its affiliated entities, its suppliers and their affiliated entities (together, the “Covered Entities”), each have rights with respect to the Services, including the software, data, information and other items provided by TLC and its affiliated entities by reason of your use of the Services. The term “TLC” includes all the Covered Entities.
b. Governing Law. The TOS shall be governed by and construed in accordance with the laws of the United States and the District of Columbia, without giving effect to conflicts-of-law principles thereof. You agree to submit to the exclusive jurisdiction of the federal and state courts located in the District of Columbia in connection with any matters arising out of these TOS and not to assert a defense of forum non conveniens, sovereign immunity, Act of State, or analogous doctrines in connection with any such action.
c. U.S. Export Control & Foreign Assets Control Regulations. TLC does not represent that materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
8. Entire Agreement/Severability/Waiver.
The TOS, the documents and policies incorporated herein, either in their entirety or by explicit reference, any other terms and conditions on this Site, constitute the entire agreement between you and TLC and govern your use of the Services. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force. TLC’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed by TLC in writing.
9. Electronic Communications.
When you visit this Site and when you communicate with TLC electronically, you consent to receive communications from TLC and its affiliates electronically. You agree that all notices, disclosures, and other communications that TLC provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
10. Linking and Framing.
You may not frame this Site. Upon linking to this Site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sublicense to use the TEACHINGLAW.COM mark solely for providing an underlined, textual link from a web site to the publicly accessible home page of this Site at https://www.teachinglaw.com, provided that, you do not link this Site from any web site containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. You may not link a web site to any other web pages of this Site and you may make no other use of the marks, names, or logos of TLC or its affiliates without express written permission from TLC or its affiliates. Any violation of this provision may, in TLC’s or any of its affiliate’s discretion, result in termination of your use of and access to this Site effective immediately.
B. PRIVACY POLICY.
TeachingLaw.com respects the privacy rights of our users and is strongly committed to protecting your privacy online.
This privacy policy applies to information collected through the TeachingLaw.com web site (“this Site”). TLC shall use commercially reasonable efforts to keep confidential the information you enter into this Site, provided that this obligation shall not apply to any information that: (i) you provide in connection with another TLC service, function or product or other agreement between you and TLC; (ii) previously resided in the Services directly relating to information entered by you in the Services; (iii) becomes generally known or available to the public or is disclosed without restriction in published materials or is disclosed, not due to a breach of any confidentiality obligations upon TLC; (iv) is known to TLC at the time of disclosure by you; (v) TLC obtains from a third party or a source other than you which is not known to TLC to be subject to confidentiality; (vi) you instruct TLC to disclose; or (vii) TLC is legally required to disclose.
TLC may collect information through this Site, such as during registration, or when you request certain services or products or submit information or complete a survey or poll. This information may include personal information such as name, phone number, and e-mail address. TLC may use “cookies,” web server logs, or other electronic tools to collect information about you, such as your IP address, browser type, language, operating system, computer platform, and the state or country from which you accessed this Site. TeachingLaw.com may also use cookies, web server logs, or other electronic tools to collect and compile statistical and other information about your use of this Site and the services provided on this Site, such as the web pages visited, the date and the time of your visit, the web sites you visited immediately before and after visiting this Site, the number of links you click within this Site, the functions you use on this Site, the databases you view and the searches you request on this Site, the data you save on or download from this Site, etc.
TLC uses the information collected through this Site, including personal information and information about your use of this Site, to enhance your experience with this Site, save your preferences and login information, analyze web site usage, analyze use of this Site, communicate with you, and provide you with services or products that you request. TeachingLaw.com does not use or disclose any contents of the work product that you input into any portion of this Site (e.g. quiz results) except to your professor or third parties enabled by you and TeachingLaw.com on your behalf. TeachingLaw.com may also use the information collected through this Site to provide special offers and promotions. To assist us with the uses described in this privacy policy, information we or our designated service providers have collected about your use of this Site may be enhanced with other information about you that we have from other sources.
TLC may disclose your information to our affiliates. TLC may disclose to third parties, including other users of this Site, information about your use of this Site and the services provided on this Site, but only in an aggregated and unattributed manner. TLC may also share your personal information collected through this Site with a sponsor or other third party that is interested in serving you (“Third-Party Providers”). Further use and/or disclosure of your information by Third-Party Providers is not the responsibility of TLC. Rather, such use and/or disclosure is governed by the Third-Party Providers' privacy policies. TLC may also disclose your information to unaffiliated third parties if we believe in good faith that such disclosure is necessary: (a) to comply with the law or in response to a subpoena, court order, government request, or other legal process; (b) to protect the interests, rights, safety, or property of TeachingLaw.com or others; (c) to enforce any terms of service on this Site; (d) to provide you with the services or products requested by you (including allowing a purchaser of TeachingLaw.com to continue to serve you), and to perform other activities related to such services and products, including billing and collection; (e) to provide you with information, special offers, or promotions from TeachingLaw.com to which you consented; and (f) to operate TeachingLaw.com systems properly. TeachingLaw.com makes reasonable efforts to limit its designated service providers' disclosure of your personal information in the same manner as set forth in this paragraph. Some of the uses and disclosures mentioned in this privacy policy may involve the transfer of your personal information to various countries around the world that may have different levels of privacy protection than your country. By submitting your personal information through this Site, you consent to such transfers.
TLC may provide links to third-party web sites. Since we do not control third-party sites and are not responsible for any information you may provide while on such sites, we encourage you to read the privacy policies on those web sites before providing any of your information on such sites.
To help us protect your privacy, you should maintain the secrecy of your username and password you set up in connection with your participation in this Site's service.
If you have questions regarding this privacy policy, please contact us at Teachinglaw.com@gmail.com.
TLC reserves the right to change this privacy policy at any time by posting revisions on this web page. Such changes will be effective upon posting.
C. INQUIRIES.
For inquiries, you should contact Teachinglaw.com@gmail.com or other party as specified by TLC from time to time.