1. ACCEPTANCE OF TERMS
LTCoLA provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us from time to time without notice
to you. In addition, when using particular LTCoLA services, you shall be subject to any
posted guidelines applicable to such services. All such guidelines are hereby incorporated
by reference into the TOS.
2. DESCRIPTION OF SERVICE
LTCoLA currently provides users with access to a rich collection of on-line resources (the
"Service"). Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new LTCoLA properties, shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that LTCoLA assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications.
In order to use the Service, you must obtain access to the World Wide Web, either directly
or through devices that access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of 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 LTCoLA
has reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, LTCoLA 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).
4. LTCoLA PRIVACY POLICY
Pursuant to LTCoLA's privacy policy, we may disclose to third parties certain aggregate
information contained in your Registration Data or related data.
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 LTCoLA 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. LTCoLA 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 LTCoLA, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the Service. LTCoLA 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 LTCoLA 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 or otherwise transmitted
via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit 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;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a LTCoLA
official, forum leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not
have a right to transmit 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);
- upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
- upload, post, email or otherwise transmit 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;
- upload, post, email or otherwise transmit 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;
- 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;
- 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;
- 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;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
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 TO LTCoLA
By submitting Content to any LTCoLA property, you automatically grant, or warrant that the
owner of such Content has expressly granted, LTCoLA the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, perform and
display such Content (in whole or part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed. You acknowledge that
LTCoLA does not pre-screen Content, but that LTCoLA and its designees shall have the right
(but not the obligation) in their sole discretion to refuse, edit, move or remove any
Content that is publicly available via the Service. Without limiting the foregoing, LTCoLA
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 LTCoLA or submitted to LTCoLA, including without limitation information
in LTCoLA.com and in all other parts of the Service.
9. INDEMNITY
You agree to indemnify and hold LTCoLA, 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
your Content, 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 LTCoLA may establish general practices and limits concerning use of
the Service. You further acknowledge that LTCoLA 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
LTCoLA 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 LTCoLA 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 LTCoLA, 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 LTCoLA
believes that you have violated or acted inconsistently with the letter or spirit of the
TOS. LTCoLA 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 LTCoLA 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 LTCoLA shall not be liable to
you or any third-party for any termination of your access to the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because LTCoLA has no control over such sites and resources, you acknowledge
and agree that LTCoLA 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 LTCoLA 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. LTCoLA'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 LTCoLA 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.
LTCoLA 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 LTCoLA for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. LTCoLA 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.
- LTCoLA 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.
- 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM LTCoLA 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 LTCoLA 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 LTCoLA 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. LTCoLA
shall not be responsible or liable for the accuracy, usefulness or availability of any
information transmitted 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
LTCoLA other LTCoLA logos and product and service names are trademarks of LTCoLA . Without
LTCoLA's prior permission, you agree not to display or use in any manner, the LTCoLA
Marks. The marks of LTCoLA are as follows:
- LTCoLA ™
- Los Angeles Attorneys' Portal to the Internet ™
- May it please the . . . Attorney. ™
- What do you want to do today? ™
- We spend our day surfing . . . so that you don't waste billable hours.
™
23. NO ATTORNEY/CLIENT RELATIONSHIP
Although some employees of LTCoLA may be licensed to
practice law, they are not acting in the capacity of attorneys while working for
LTCoLA. Any communications between
clients and employees of LTCoLA are not covered by attorney / client privilege or
confidentiality.
24. NO LEGAL ADVICE
No information contained within this web site is intended
as legal advice. This web site is for informational purposes only. LTCoLA is
not responsible for any information contained in within web sites that are hyperlinked to www.LTCoLA.com.
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and LTCoLA and govern your use of the
Service, superceding any prior agreements between you and LTCoLA. 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
LTCoLA shall be governed by the laws of the State of California without regard to its
conflict of law provisions. You and LTCoLA agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Los Angeles, California. The
failure of LTCoLA 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.
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