We welcome you to the Center for Legal Inclusiveness websites, including www.legalinclusivness.org, www.centerforlegalinclusiveness.org and the other websites (collectively, the “Website”) that display this Terms and Conditions of Use Agreement (“Agreement”). The Website is owned by the Center for Legal Inclusiveness (“CLI” or “we,” “us” or “our”).
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE AND THE MATERIALS CONTAINED HEREIN.
Please note that the use of the CLI Content on this Website (as defined below) is limited as described in this Agreement. The CLI Content is for Subscriber’s internal uses only, and may not be used in connection with any third party consulting services or other commercial purposes, except as specifically approved by CLI in writing.
1. Acceptance of Terms. This Terms and Conditions of Use Agreement (the “Agreement”) sets forth legally binding terms for the use of Website. By using our Website, you agree to be bound by this Agreement and all applicable laws and regulations with regard to Subscriber’s use of the Website, whether you are a “Visitor” (which means that you simply browse our Website) or you are a “Subscriber” which means that you have registered with this Website and obtained a “Subscription.” Subscribers will receive a user name and password that permit them to access certain content, videos, online forums, and downloadable materials on this Website.
2. Subscriber Account, Password and Security. Subscriber agrees to provide true, accurate, current and complete information about themselves or their entity as prompted by the registration form (the "Registration Data") and to maintain and promptly update such Registration Data to keep it true, accurate, current and complete. Subscribers are responsible for maintaining the confidentiality of their password and subscription information. Subscribers are required to (a) immediately notify CLI (email: email@example.com) of any unauthorized use of a Subscriber’s password or any other breach of security, and (b) ensure that Subscriber logs out at the end of each session. CLI will not be liable for any loss or damage arising from Subscriber’s failure to comply with this paragraph. Use of and registration for the Website are void where prohibited.
3. Subscription Pricing, Renewal and Termination. Subscriber will pay CLI via credit card the annual fee for the relevant subscription level at the time that Subscriber obtains a subscription. Subscriptions are for a term of one year. Prior to the end of the subscription period, CLI will email Subscriber and ask whether Subscriber wishes to renew its subscription. Additionally, Subscriber may email CLI at any time and request that CLI terminate its subscription. All subscription fees are non-refundable.
4. Ownership of Content. CLI does not claim ownership rights in any information, data, text, case studies, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that Subscriber may post on or transmit through the Website. Subject to the non-exclusive license contained in the following paragraph, as between CLI and Subscriber, Subscriber will retain all intellectual property rights that it may have in any Content that it posts on or transmits through the Website.
5. License to Your Content. In order to be able to participate in the interactive sections of the Website, Subscriber is required to grant a license to CLI to use and distribute Subscriber’s Content. This enables us to permit other Subscribers to view Subscriber’s Content, to participate in online discussion forums, and to display Subscriber’s Content in other places within the Website. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any Content on or through our Website, Subscriber hereby grants to CLI a non-exclusive (meaning Subscriber has the right to license the Content to other parties as well), fully-paid, royalty-free, irrevocable, worldwide license (including the right to sublicense) for the duration of copyright in Subscriber’s Content, to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. If Subscriber wishes to remove any Content from the Website, its ability to do so may depend on the type of Content, the location and manner of posting, and other factors. Subscriber may contact us at firstname.lastname@example.org to request the removal of certain Content Subscriber has posted, but CLI has no obligation to remove any such Content, and may choose whether or not to do so in its sole discretion. In any case, a back-up or residual copy of any Content posted by Subscriber may remain on CLI's servers after the Content appears to have been removed from our Websites, and CLI retains all rights granted in this paragraph to all such remaining copies. Subscriber represents and warrants that: (i) Subscriber owns all right, title and interest in all Content posted by Subscriber on or through our Website, or otherwise has the right to grant the license set forth in this section, and (ii) the posting of Subscriber’s Content on or through our Website does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, any other rights of any third party, or any terms of this Agreement.
6. Use of Content on the Website. Our Website contains Content of CLI ("CLI Content"), and Content of third party licensors to CLI (including content provided by Subscriber and other users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. As between CLI and Subscriber, CLI owns and retains all rights, title and interest in the CLI Content. CLI hereby grants to Subscriber a limited, revocable, non-sublicensable license to reproduce and display a single copy of the CLI Content and any third party Content located on or available through our Website (excluding any software code therein) solely for Subscriber’s internal, non-commercial use in connection with viewing our Website and using the features that appear on the Website. Except as specifically permitted otherwise, other than Content posted by Subscriber, Subscriber may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website.
7. Subscriber’s Interactions With Other Subscribers. Subscriber acknowledges that we have no screening policy, and that anyone who registers to become a Subscriber will become a Subscriber without any review or approval by us. Subscriber is solely responsible for Subscriber’s interactions with other Subscribers that occur as a result of the Website, whether online or offline, and any communications with other individuals through or as a result of the Website are at Subscriber’s own risk. We disclaim all liability for any actions of other Subscribers.
8. Prohibited Conduct. Subscriber will not use the Website to post or otherwise transmit Content that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than Subscriber’s own (and we advise you not to post Subscriber’s own and to communicate such information in private messages to other Subscribers only at Subscriber’s own risk);
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party (including without limitation Content that promotes or links to an illegal or unauthorized copy of another person's copyrighted work or provides information to circumvent copy-protect devices);
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Subscribers;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
In addition, any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Website is strictly prohibited. Subscriber may not attempt to override or circumvent any security components and usage rules of the Website. Subscriber is prohibited from engaging in any hacking, cracking, or other means of obtaining access to any other Subscriber’s account information or other data or communications not intended for Subscriber. We reserve all rights and remedies available to us, and we will not hesitate to pursue all available legal actions in response to violations of this Agreement.
9. Responsibility for Content. Subscriber, and not CLI, is entirely responsible for any Content that Subscriber may upload, post, transmit or otherwise make available via the Website. CLI does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. Subscriber understands that the Website may contain Content that Subscriber deems offensive, indecent or objectionable. Under no circumstances will CLI be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
10. Rejection/Removal of Content. CLI does not generally pre-screen or review Content posted by Subscribers on our Website. However, CLI will have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Website, in its sole discretion, for any reason.
11. Termination of Subscription or Access. Subscriber may choose to terminate its membership at any time by notifying us by email at email@example.com. Termination of a Subscriber’s subscription is the sole right and remedy with respect to any dispute with CLI. Following the cancellation or termination of Subscriber’s membership by Subscriber or by CLI for any reason, CLI will have no further obligation to save Subscriber’s Content, communications via the Website or any of Subscriber’s settings, information or Content Subscriber has posted on or transmitted through the Website.
12. Objectionable Content and Abuse. If a Subscriber becomes aware of misuse of the Website by any person, if Subscriber find any Content on the Website that it feels is objectionable, or if Subscriber feels that any other Subscriber or Visitor has violated the terms of this Agreement in any manner, please contact CLI (email: firstname.lastname@example.org). Please include a description of the misuse of the Website or the objectionable Content or activity (along with the URL or a copy of the Content if possible) in Subscriber’s email. CLI has no obligation to take any action whatsoever in response to any such notice, and the receipt of any such notice will not be deemed to create any duty or liability on the part of CLI.
13. Preservation/Disclosure. Subscriber acknowledges, consents and agrees that CLI may access, preserve and disclose a Subscriber’s Registration Data or Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to Subscriber’s requests for customer service; or (e) protect the rights, property or personal safety of CLI, its Subscribers and the public. Under no other circumstances will CLI intentionally disclose Subscriber’s account information to any third party.
14. Publicity. We have the right to display each Subscriber’s entity name and logo on the Website.
15. Linking. Subscriber may link to the home page of the Website, but any unauthorized framing of or linking to our Website, or any content therein, is prohibited. Please contact us if you have questions about linking to the Website.
18. Copyright Policy. CLI has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website. CLI reserves the right in its sole discretion to immediately suspend and/or terminate access to our Website by any user who is alleged to have infringed on the intellectual property rights of CLI or of a third party, or otherwise violated any intellectual property laws or regulations. CLI’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you wants CLI to delete, edit, or disable the material in question, you are required to provide CLI with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CLI to locate the material; (d) information reasonably sufficient to permit CLI to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CLI either by e-mail at: email@example.com, or by U.S. mail to our designated agent for notification of infringement, Kathleen Nalty, Executive Director, Center for Legal Inclusiveness, 1700 Lincoln St., Suite 3200, Denver, CO 80203.
19. Term and Termination. This Agreement will remain in full force and effect for so long as it is accessible through the Website. If Subscriber wishes to terminate its membership, please follow the instructions on the FAQ page for the Website or email us at firstname.lastname@example.org. CLI reserves the right to terminate Subscriber’s Account or Subscriber’s access to our Website immediately, with or without notice , and without liability to Subscriber, if CLI believes that Subscriber has breached any of the terms of this Agreement, furnished CLI with false or misleading information, or interfered with use of the Website by others.
20. Disclaimer of Warranties. Visitors and Subscribers expressly understand and agree that:
THEIR use of the Website is at THEIR sole risk. The Website is provided on an "as is" and "as available" basis. CLI and its subsidiaries, affiliates, officers, employees, agents, partners and licensors (the “CLI Parties”) expressly disclaim 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, with respect to the Website, and any third party websites with which they are linked.
The CLI Parties make no warranty: (i) that the Website or the features offered on the website will meet VISITOR’S OR Subscriber’s requirements, will be uninterrupted, timely, secure, error-free, or free of any harmful components (including viruses); (ii) regarding the results that may be obtained from the use of the Website; and (iii) the quality of the Content, products, services, information or any material VIEWED or DOWNLOADED by SUBSCRIBER through the Website will meet Subscriber’s expectations. We do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data.
Any material downloaded or otherwise obtained through the use of the Website is accessed at Subscriber’s own discretion and risk, and SUBSCRIBER will be solely responsible for any damage to Subscriber’s computer system or loss of data that results from the download of any such material.
21. Limitation of Liability. To the fullest extent permitted by applicable laws in no event will the CLI Parties be liable to ANY VISITOR, SUBSCRIBER or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the Website, or any website with which they are linked, even if CLI has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, CLI's liability to ANY VISITOR OR SUBSCRIBER for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by SUCH VISITOR OR SUBSCRIBER to CLI for USE OF THIS Website. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply; all other provisions of this Agreement remain in full force and effect.
22. Indemnity. Subscriber agrees to indemnify, defend, and hold harmless the CLI Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or relating to Subscriber’s breach of the terms of this Agreement or Subscriber’s use of the Website. CLI will notify Subscriber promptly of any such claim, loss, liability, or demand, and will provide Subscriber with reasonable assistance, at Subscriber’s expense, in defending any such claim, loss, liability, damage, or cost.
23. Changes to Terms. We may modify this Agreement from time to time, and such modification will be effective upon its posting on our Website or any other website or location through which Visitors and Subscribers are able to access our Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly. If you are a Subscriber, we will attempt to notify you by email when we update the terms of this Agreement.
24. Additional Terms. We may also require Subscriber to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, outside of the Website, to obtain certain premium Content through our Website, or for other reasons. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and Subscriber agrees to comply with them when it participates in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
25. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently our Website (or any portion thereof) with or without notice. Subscriber agrees that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.
27. Choice of Law and Forum. This Agreement and the relationship between Visitor or Subscriber and CLI will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. All parties agree to submit to the personal and exclusive jurisdiction of the courts located within Denver, Colorado.
28. Waiver and Severability of Terms. The failure of CLI to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
29. Limitation on Actions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30. Questions. For questions regarding this Agreement, please contact us by email at email@example.com. or mail at Center for Legal Inclusiveness, 1700 Lincoln St., Suite 3200, Denver, CO 80203 or by phone at 303-832-3502.
These Terms of and Conditions of Use were last updated on December 2, 2010.