2. Proprietary Rights. The content of Bruss Legal Sites includes, without limitation, (i) Bruss Legal's trademarks, service marks, logos, brands and brand names, trade dress and trade names and other distinctive identification (collectively "Bruss Legal Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts templates and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through Bruss Legal Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Bruss Legal Content"). Bruss Legal Content is the property of Bruss Legal, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Bruss Legal Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Bruss Legal. Any use of Bruss Legal Marks without Bruss Legal's express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in Bruss Legal Content, including any such notices appearing on any Bruss Legal Content.
Further, you may not (i) use Bruss Legal Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to Bruss Legal Sites, including Bruss Legal Content; (ii) interfere with the proper working of Bruss Legal Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of Bruss Legal Sites.
7. Personal Login Information. Certain features and areas of Bruss Legal Sites are available only with registration, login, or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Bruss Legal is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Bruss Legal immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
9. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of Bruss Legal Sites and not interfere with the use and enjoyment of Bruss Legal Sites by other users or with Bruss Legal’s operation and management of the Sites. You further warrant that your use of Bruss Legal Sites and of any data input into or generated by Bruss Legal Sites shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on Bruss Legal Sites, including, without limitation, information required to be provided through an online Bruss Legal registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Bruss Legal reserves the right to terminate your access and use of Bruss Legal Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using Bruss Legal Sites, or defame or otherwise harm any party through your use of Bruss Legal Sites.
In addition, you also agree that you will not use Bruss Legal Sites to:
a. upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(iv) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(v) includes any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality ofs any computer software or hardware or telecommunications equipment;
b. collect or store personal data of other users of Bruss Legal Sites;
c. intentionally disrupt or interfere, whether directly or indirectly, with Bruss Legal Sites in any manner that may adversely affect Bruss Legal or any user of Bruss Legal Sites: and intentionally or unintentionally violate any applicable local, state, national or international law.
10. User-Generated Content. Bruss Legal welcomes your views, comments and other communications, pictures, track back URLs, or videos on our Bruss Legal Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content ("User- Generated Content"). By contributing User-Generated Content to any of Bruss Legal Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant Bruss Legal a nonexclusive license to display, reproduce, transmit, modify such User-Generated Content and that Bruss Legal may use the User-Generated Content for internal and external marketing purposes. You are solely responsible for the User-Generated Content you submit. If you believe any User-Generated Content infringes on your proprietary rights, contact Bruss Legal. Bruss Legal does not approve, endorse, or adopt any User-Generated Content, and Bruss Legal assumes no liability for any User-Generated Content submitted by you or others. You agree to indemnify Bruss Legal against all claims and liabilities resulting from User-Generated Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on Bruss Legal Sites. Please note that other participants may use posted information beyond the control of Bruss Legal. All User-Generated Content is read at your own risk, and Bruss Legal recommends that you not rely on the information or advice in any of these postings.
Bruss Legal retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. Bruss Legal also retains the right to ban or block a user from posting on Bruss Legal social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.
11. Responsibility for Use of the Internet and Bruss Legal Sites and Exclusion of Liability. Use of the Internet and Bruss Legal Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from Bruss Legal Sites over the Internet or other communication network. Bruss Legal shall not be obligated to correct or update Bruss Legal Sites, Bruss Legal Content, the User-Generated Content, and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on Bruss Legal Sites.
13. Third Party Information. Bruss Legal Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content (as defined below), or other information made available by third parties such as content providers and other users of Bruss Legal Sites are those of the respective third party and not of Bruss Legal or its affiliates. Bruss Legal makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.
14. Notice for Claims of Intellectual Property or Copyright Infringement. Bruss Legal respects the intellectual property of others, and, particularly as to User-Generated Content (as defined below) in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Bruss Legal Copyright Agent and Bruss Legal Office of the General Counsel (contact information below):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on Bruss Legal Sites;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
For notice of claims of copyright or other intellectual property infringement:
Bruss Legal PLLC
7550 East 53rd Place
Denver, CO 80217
Attn: Copyright Infringement Counsel
By phone: (415) 271-5754
15. Advertisers. Bruss Legal Sites may contain advertisements. The inclusion of advertisements on Bruss Legal Sites does not imply endorsement of the advertised products or services. Bruss Legal shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on Bruss Legal Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
Information (comments, photos, videos, etc.) you share with or post to Bruss Legal social media profiles is also subject to the terms of service of the host sites and may be used by the owners of the host sites for their own purposes under the host site user policies.
17. Links to Websites, Content, Sharing of Content. Links posted by third parties to Bruss Legal Sites and/or Bruss Legal Content may not use Bruss Legal trademark or logo and shall not suggest that Bruss Legal promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of Bruss Legal Sites shall be the responsibility of the linking party. Bruss Legal reserves the right to require any linking party to disable or remove any link that violates Bruss Legal's policies, rights, or causes interruption or deterioration of Bruss Legal Content.
Sharing of Content. You may download, copy, or embed Bruss Legal Content and other downloadable items displayed on Bruss Legal Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Bruss Legal Content for any purpose other than personal use is expressly prohibited without prior written permission from Bruss Legal. To request this permission, please contact Bruss Legal or the copyright holder identified in the copyright notice contained in Bruss Legal Content. Bruss Legal reserves the right to require any party sharing Bruss Legal content to disable or remove the content should its use violate Bruss Legal's policies, rights, or cause interruption or deterioration of Bruss Legal Content.
18. Warranties Disclaimed. Bruss Legal Sites and Bruss Legal Content are provided "as is" and "as available." Neither Bruss Legal, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively "Bruss Legal parties") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) Bruss Legal Sites or Bruss Legal Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to Bruss Legal Sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through Bruss Legal Sites will meet your expectations; or (iv) Bruss Legal Content will remain unchanged or accessible on Bruss Legal Sites. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with Bruss Legal Sites or Bruss Legal Content is to cease using Bruss Legal Sites and Bruss Legal Content.
19. Exclusion of and Limitation of Liability. Bruss Legal Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use Bruss Legal Sites and/or any Bruss Legal Content; (ii) from any interruption in the availability of Bruss Legal Sites and/or Bruss Legal Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from Bruss Legal Sites, or transactions entered into, through or from Bruss Legal Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on Bruss Legal Sites; (vii) from any delay or failure of Bruss Legal Sites arising out of causes beyond Bruss Legal’s control; (viii) out of the use of, reference to, or reliance on, Bruss Legal Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, Bruss Legal Sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to Bruss Legal Sites or Bruss Legal Content.
20. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 18 and 19 which are lawful in your jurisdiction will apply to you and Bruss Legal's liability will be limited to the maximum extent permitted by law.
27. Social Media Non-Endorsement. Bruss Legal provides opportunities for user interaction within its Bruss Legal Sites and on social media profiles on sites such as Facebook, Twitter, LinkedIn, Instagram, and various blogging sites. On those social media accounts, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. Bruss Legal is not responsible for content or links posted by others.