Terms & Conditions - Web Site Terms of Usage
1. Use Restrictions
Absent prior written permission from a manager of
the Maryland Legal Assistance Network ("MLAN") you may not copy, distribute,
republish, upload, post, or transmit information contained in this Web site
("Information") in any manner. Provided, however, you may download one copy of
the Information onto one computer for your personal, non-commercial use only,
provided you do not change the Information in any manner and further provided
that you do not delete or change any copyright, trademark, or other proprietary
notice contained in the Information.
This limited license allows you to use the
Information only for lawful uses in accordance with the foregoing and does not
allow you to sell the Information, use the Information for commercial use, use
any type of data mining, robots, or similar data gathering or extraction methods
on this Web site. Any Information downloaded by you from this Web site is merely
licensed to you by MLAN. This license does not transfer to you any intellectual
property rights in the Information under any patent, copyright, or trademark.
All such rights remain with MLAN. Modifying, or using the Information for any
purpose other than as specifically authorized herein violates MLAN's
intellectual property rights. Absent prior written consent from a manager of
MLAN you may not copy or imitate any elements of this Web site, including, but
not limited to, graphics, digital images, logos, sounds, images, icons and
buttons, protected by trade dress and other laws. You may not resell, reverse
engineer, disassemble, decompile, or otherwise modify any software contained
within the Information. Absent prior written consent from a manager of MLAN, you
may not use framing, metatag or hidden text techniques in association with any
MLAN trademark, logo or other copyrighted or proprietary information.
2. Transmissions
You acknowledge that transmissions by you to or
from this Web site ("Transmissions") are non-confidential and that others may
read and/or intercept such Transmissions. MLAN has the right, but not the
obligation, in its sole discretion to review any Transmissions transmitted using
this Web site or MLAN's server and to edit or delete any Transmissions which
violate any term of this Agreement. You hereby consent to MLAN's collection and
use of such Transmissions in accordance with MLAN's then current Privacy
Statement and acknowledge that submitting Transmissions to this Web site,
creates no confidential or fiduciary relationship between you and MLAN. By using
this Web site, you thereby assign all right, title and interest, including the
copyright therein, in all Transmissions to MLAN. Accordingly, MLAN shall own all
intellectual property rights in the Transmissions, and shall be entitled to the
unrestricted use of the Transmissions for any purpose, commercial or otherwise,
without acknowledgment, compensation or liability to you. By submitting such
Transmissions to this Web site, you irrevocably waive all "moral rights" in such
Transmissions.
3. Indemnification
You agree to defend, indemnify and hold MLAN, and
its affiliates, managers and employees, its suppliers and their respective
affiliates and agents, harmless from all claims, liabilities, damages and
expenses (including attorneys' fees and expenses) arising out of or relating to
your use of this Web site, including, but not limited to: (1) your submission to
this Web site of any Transmission; (2) your alleged breach of this Agreement; or
(3) your infringement of any intellectual property or other right of any person
or entity.
4. Limitation of Liability
IN NO EVENT SHALL MLAN ITS PARENTS, AFFILIATES,
VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB
SITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE
OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO MLAN'S RECORDS, OR FOR THE
COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN
IF MLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT MLAN'S TOTAL LIABILITY TO YOU
FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE
TOTALITY OF PAYMENTS MADE BY YOU TO MLAN IN EXCHANGE FOR ALLOWING YOU ACCESS TO
THIS WEB SITE.
5. Disclaimer
YOU ACKNOWLEDGE THAT THIS WEB SITE AND THE
INFORMATION HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT MLAN
MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING
THIS WEB SITE OR THE INFORMATION. MLAN DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE
THIS WEB SITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD INCLUDE
TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) MLAN DOES NOT REPRESENT
OR WARRANT THE TIMLINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE
INFORMATION; AND (3) MLAN DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR
ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING
CONTENT.
MLAN may periodically change the Information.
MLAN reserves the right to implement such changes, at any time without notice to
you. Unless specifically indicated in writing to the contrary, no reference in
this Web site to any products, services, processes, or other information, by
trade name, trademark, manufacturer, supplier, or otherwise shall constitute or
imply MLAN's endorsement or sponsorship thereof.
6. Links to Third-Party Sites
This Web site includes hypertext links to other
Web sites and MLAN has no control over, and makes no representations of any kind
regarding the content on such Web sites or the content on any Web site linked to
such Web sites, or any changes or modifications made thereto. You hereby
acknowledge that by using any such hypertext links, you thereby irrevocably
waive any and all claims against MLAN regarding such Web sites and must adhere
to the usage and privacy policies governing such sites. Note that this Web
site's use of hypertext links to other Web sites does not imply MLAN's
sponsorship or endorsement of any such Web sites.
7. Copyright
All copyrightable Information, including the
selection and arrangement thereof are copyright © Maryland Legal Assistance
Network
(MLAN/MLSC/DD), 2002. ALL RIGHTS RESERVED.
8. Impermissible Activity
You must not use this Web site or the MLAN server
to transmit any data which: (1) is unlawful, threatening or abusive; (2)
encourages criminal or other activity which would reasonably give rise to civil
liability or otherwise violate any local, state, federal or international law;
(3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually
explicit or indecent; (5) contains false or misleading information (6) inhibits
another user from use or enjoyment of this Web site; (7) is defamatory or
libelous; (8) contains a virus or surreptitious code; or (9) contains any type
of commercial component or advertising.
9. Data Collection and Use
Your Transmissions are subject to MLAN's Privacy
Statement. By using this Web site, you agree to review the Privacy
Statement, and be bound by its terms and conditions. From time to time, MLAN may
change its Privacy Statement without notice to you. Your continued use of this
Web site after the posting of any changes, shall constitute your agreement with
and acceptance of such changes.
10. Monitoring the Site
You acknowledge that you are solely responsible
for all of your activities in relationship to this Web site, including the
contents of all Transmissions, and the consequences thereof. You agree to
indemnify, defend and hold MLAN harmless for any liability arising from your use
of this Web site. While MLAN respects your privacy, you hereby acknowledge that
this Agreement creates no reasonable expectation of privacy in any
Transmissions. MLAN may, but is under no obligation to, use blocking and/or
filtering software and other monitoring devices to prevent the dissemination of
unsolicited electronic communications (spam). You may not use this Web site in
association with such spam, any computer viruses or any other potentially
damaging computer code. MLAN will prosecute Violations of this provision to the
fullest extent allowed by law and reserves the right to take additional action
regarding any such activity or conduct. Such additional action may include
recovery of costs and expenses associated with identifying offenders and
preventing their access to this Web site as well as lost profits, damages, court
costs and attorney fees associated with repairing any damaged software or
hardware. Notwithstanding any provisions of the Privacy Policy, MLAN reserves
the right to report any Transmissions which it believes violate any law or
regulation to appropriate law enforcement officials, regulators, or other third
parties, and to assist such parties in their investigations
11. Governing Law
This is the entire agreement between you and MLAN
relating to your use of this Web site. The laws of the State of Maryland, United
States of America shall govern this Agreement and the Privacy Policy,
notwithstanding any principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to this Agreement or the Privacy
Statement shall be filed only in state or federal court located in Baltimore,
Maryland and you hereby irrevocably and unconditionally consent and submit to
the exclusive jurisdiction of such action.
12. Termination
Either you or MLAN may terminate this Agreement
at any time. You may terminate this Agreement by destroying all materials
obtained from this Web site. MLAN may terminate this Agreement immediately,
without notice, for any reason, or no reason, and reserves the right to block or
prevent your future access to this Web site.
13. Severability
If any portion of this Agreement or the Privacy
Statement is determined by a court of competent jurisdiction to be unlawful,
void, or unenforceable, that portion will be deemed severable and will not
affect the validity and enforceability of any remaining provisions hereof.
If you do not agree to these Terms of Usage,
please do not register with or enter this Web site. Your use of the Web site
signifies your acceptance of these terms. As these terms are subject to change
at any time without notice, please check them before using the Web site to
determine whether a change has been made.
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