TERMS & CONDITIONS
Last Revised March,
The following User Agreement ("Agreement") governs the use
of the www.siegelspracticereview.com online service ("Service")
as provided by Siegel's Practice Review. ("Service Provider").
Please read the rules contained in this Agreement carefully. You
can access this Agreement any time at http://www.siegelspracticereview.com/03about/03terms.html.
Your use of and/or registration on any aspect of the Service will
your agreement to comply with these rules. If you cannot agree with
these rules, please do not use the Service. These rules may be modified
time to time; the date of the most recent revisions will appear on
this page. Continued access of the Service by you will constitute
of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in bulletins
posted at various points in the Service, may result in suspension or
termination of your access to the Service, without notice, in addition
to Service Provider's other remedies.
RULES OF USAGE
- Use of the Service by You
- Use of Information Supplied by You
- Copyright Complaints
- Additional Rules
- Disclaimer of Warranty and Limitation of Liability
1. USE OF THE SERVICE BY YOU:
- Your right to use the Service is personal to you — you may not
authorize others to use the Service, or your username & password,
and you are responsible for all use of the Service by you.
- The Service
is not intended for users under the age of 13, and Service Provider
does not knowingly collect personally identifiable information
from users under the age of 13. Any information submitted by such users
will not knowingly be used, posted, or retained by us.
- Material on the
Service is for your personal use only. The Service contains copyrighted
and other proprietary information.
- You, as a paid subscriber, may copy
and paste text from articles written by David D. Siegel into legal
briefs pursuant to your cases with appropriate
citation giving credit to the Service and author.
- You may not in any
way make commercial or other unauthorized use, by publication, re-transmission,
distribution, performance, caching, or
otherwise, of material obtained through the Service, except as permitted
by the Copyright Act or other law or as expressly permitted in writing
by this Agreement, Service Provider or the Service.
- You agree not to
disrupt, modify or interfere with the Service or its associated software,
hardware and/or servers in any way, and you agree
not to impede or interfere with others' use of the Service. You further
agree not to alter or tamper with any information or materials on or
associated with the Service.
- Other than connecting to Service Provider's
servers by http requests using a Web browser, you may not attempt to
gain access to Service
Provider's servers by any means - including, without limitation, by using administrator
passwords or by masquerading as an administrator while using the Service
- You acknowledge that Service Provider has
not reviewed and does not endorse the content of all sites linked
to from this Service
and is not responsible
for the content or actions of any other sites linked to from this
Service. Your linking to any service or site is at your sole risk.
USE OF INFORMATION SUPPLIED BY YOU:
For information regarding use of the material and information you supply
3. COPYRIGHT COMPLAINTS:
Service Provider respects the intellectual property of others, and we ask our
users to do the same. Service Provider may, in appropriate circumstances and
at its discretion, suspend or terminate the access of and take other action
against users, subscribers, registrants and account holders who infringe the
of Siegel's Practice Review. If you believe that your work has been copied
and is accessible on the Service in a way that constitutes copyright infringement,
or that the Service contains links or other references to another online location
that contains material or activity that infringes your copyright rights, you
may notify Service Provider by providing the following information (as required
by the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth
A physical or electronic signature of person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single online site are covered
by a single
notification, a representative list of such works at that site;
of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed
or access to which
to be disabled, and information reasonably sufficient to permit Service
Provider to locate the material;
- Information reasonably sufficient
to permit Service Provider to contact the complaining party, such as
an address, telephone number,
and if available,
electronic mail address at which the complaining party may be contacted;
statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized
by the copyright
its agent, or the law;
- A statement that the information in
the notification is accurate, and under penalty of perjury, that
the complaining party
to act on behalf
of the owner of an exclusive right that is allegedly infringed;
Agent: David D. Siegel
Siegel's Practice Review
PO Box 3
North Egremont, MA 01252
to email us.
Note: Only copyright complaints should be sent to agent. No other
communications will be accepted or responded to.
For communications on other matters, please
You agree to indemnify Service Provider and its affiliates, employees,
agents, representatives and third party service providers, and to
defend and hold each
of them harmless, from any and all claims and liabilities (including
attorneys fees) which may arise from your unauthorized use of material
the Service, or from your breach of this Agreement, or from any such
acts through your use of the Service.
5. ADDITIONAL RULES:
Service Provider reserves the right to post, from time to time, additional
rules of usage that apply to specific parts of the Service. Such
additional rules will
be posted in the relevant parts of the Service, and will be clearly
identified. Your continued use of the Service constitutes your agreement
to comply with
these additional rules.
6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK.
THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER,
ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY
EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT,
PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE
OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM,
BUT NOT LIMITED
ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR
PROVIDED BY THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS
REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED
THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT
OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE
OR PURCHASE OF ANY GOODS OR MERCHANDISE,
YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR
VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE
OF OR RELIANCE ON THE SERVICE
OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON
THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT
ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY
TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND
THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS,
EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL
AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH
YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
7. TERMINATION OF ACCESS TO THE SERVICE:
Service Provider has the right to terminate your ability to access
the Service, if you have failed to abide by the terms of this agreement,
or have not kept
your subscription in good standing.
Service Provider makes no representation that materials on the Service
are appropriate, available or legal in any particular location. Those
to access the
Service do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed
and construed in accordance with the laws of the State of New York
applicable to contracts
to be wholly performed therein, and any action based on or alleging
a breach of this Agreement must be brought in a state or federal
court in Albany, NY.
In addition, both parties agree to submit to the exclusive personal
jurisdiction and venue of such courts.