By using LearningLawyer, LLC (hereinafter known as “LearningLawyer, LLC,” “we,” or “us”), you agree to be bound by these terms of service in exchange for access to the services on the LearningLawyer.com website.

The Terms of Service (“Agreement”) and other LearningLawyer, LLC policies which are incorporated by reference above constitute the entire agreement between you and LearningLawyer, LLC and governs your use of the Service. The Terms of Service applies to all Users, visitors and Members, in any capacity and for all features and content. Features and activities include without limitation the following: buying, uploading Documents, submitting Documents, posting Documents, selling Documents, sharing of Documents, participating in online forums, feedback, bulletin boards, blog posts, wikis, and chats. Parts of the Service are publicly available to all visitors to the site. Other parts of the Service are available only to registered members, (known as “Users” or “Members”). By registering with LearningLawyer, LLC or by using the Service in any manner, including without limitation visiting the LearningLawyer.com website, you acknowledge and agree to the terms stated in this Agreement. LearningLawyer, LLC reserves the right to change the Terms of Service of use of this website at any time and to notify users by posting updates on the website.

LearningLawyer, LLC is an online service available from the domain LearningLawyer.com. This service provides users with a marketplace to buy and sell items directly from and to each other, which may consist of original digital or audio materials created by the user (known as “Documents”). The service provided by LearningLawyer, LLC is called the “Service.” LearningLawyer, LLC does not own or sell any product for or on behalf of any User. Users who sell or freely give away Documents via the Service are known as “Sellers.” Users who purchase Documents through the Service are known as “Purchasers.” Sellers and Purchasers are referenced together as “Users” or “Members.”

LearningLawyer, LLC reserves the right to accept or reject Documents for upload onto the website, and to remove Documents from the website.

Limitations, Disclaimers, and Indemnity

The Service is intended for Lawyers and adults employed in the legal professions only. You must be 18 years or older to use this site. You may use this Service if you are domiciled in the United States or Internationally. LearningLawyer, LLC expressly disclaims any representations or warranties, whether express or implied, with respect to or in connection with any transactions involving users outside the United States.

Use of the LearningLawyer, LLC website and/or service does not constitute an attorney-client relationship or legal advice for any particular circumstances. You agree not to use any part of the website or service for any purpose which is against any law or regulation in your jurisdiction.

LearningLawyer, LLC does not provide legal advice and does not choose or recommend documents for any specific legal situation or problem or issue. When you use our Service you agree that you alone or with the advice of your attorney are responsible for determining whether the Documents you purchased are appropriate for use in your legal matter.

LearningLawyer, LLC is not responsible for any misleading claims or misrepresentations of any lawyer or any other User, including any person or entity posting material, including author or attorney profiles, and including claims of authorization to practice law. LearningLawyer, LLC is not a lawyer referral service and neither endorses nor recommends any attorney or other legal service provider. LearningLawyer, LLC disclaims any responsibility or liability for the outcome of any advice, assistance, or representation provided by any person or entity listed by the Service.

The LearningLawyer.com website and Service contain links to other websites and resources, including law firm websites. You acknowledge and agree that LearningLawyer, LLC has no responsibility for the accuracy, content, advertising, products, services, materials or availability of any external sites or resources. Reliance on the contents or services of external websites and resources is done at your own risk and responsibility, and you assume all consequences resulting from such reliance.

You agree that LearningLawyer, LLC is not involved in any transactions made through the Service, and that we are not the agent or representative of any User or Visitor for any purpose whatsoever, and that we are not responsible for any loss or damage incurred as the result of any such dealings. LearningLawyer, LLC is not the author or publisher of any Documents. LearningLawyer is not the publisher, agent or representative of any User or Visitor, and takes no responsibility and assumes no liability for any content submitted by any user or any third party. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are a resident of a state with a similar provision, you agree to waive that provision.

You agree to indemnify and hold LearningLawyer, LLC and our officers, subsidiaries, affiliates, agents, partners, employees, joint ventures, and licensors harmless from any and all claims, demands, expenses, liabilities, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to (1) your use of the LearningLawyer.com website and/or the Service, (2) any Title, content, product, material, or information that you submit, upload, sell, purchase, transmit, post, provide, or otherwise make available through the Service, (3) your connection to or association with the website or Service, (4) your alleged or actual infringement of any third party intellectual property or proprietary rights, (5) your alleged or actual breach of this Agreement and incorporated or referenced Service policies, or (6) your alleged or actual violation of any applicable rules, regulations, laws, or rights of a third party.

Membership

Users who use the Service to submit, download or purchase Documents through the Service also must join the website at LearningLawyer.com, owned by LearningLawyer, LLC. Users pay no membership fee to join LearningLawyer, LLC and there is no service fee for Users who purchase materials from Sellers through the Service. When you joinLearningLawyer.com, you agree to register with your true information as prompted by the registration form (Member Data). LearningLawyer, LLC and you each have the independent right to terminate your membership at any time, for any reason, immediately, without prior notice or liability. All provisions of this Agreement will survive termination.

You agree to provide, maintain, and promptly update your true, accurate, current, and complete Member Data.

LearningLawyer does not permit anonymous accounts for Sellers and Buyers. Questions may be asked or posted anonymously and pseudonymously in certain circumstances, and will be noted as such.

Seller Duties and Fees

Fees In consideration for the services provided by LearningLawyer, LLC, you (Sellers) agree to pay LearningLawyer, LLC a service fee for all Documents you sell to Users through the Service, in accordance with the following:

  1. Members will pay a service fee equal to 100% of the sale price of each Title until the Title has sold an initial $25.
  2. After the initial $25 in sales, Members will pay a service fee equal to 50% of the sale price.
  3. For each transaction, LearningLawyer, LLC will automatically deduct the Service Fee from the sale price collected from Purchasers through the Service, and then will distribute the remaining amounts to the Sellers on a quarterly basis as follows:
  4. LearningLawyer, LLC will collect payment from Purchasers at the time Title is purchased through the Service,
  5. LearningLawyer, LLC will, on a quarterly basis, distribute the monies due to you for the sale of your Documents. All monies due to Sellers will be paid to such Sellers within 21 days following the last day of the calendar quarter in which one or more of your Documents are sold. The quarterly dates are as follows: March 31st, June 30th, September 30th, December 31st. The quarterly payment schedule will be in effect beginning June 30, 2013.
  6. Payments will be made through PayPal to any seller who earns less than $500 per quarter, and to allinternational residents outside of the U.S. or Canada.
  7. Payments will be made by check to U.S. and Canadian residents who earn $500 or more in a quarter. Upon sale of Title, Sellers agree that they will allow download of the Title through the Service, in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards.
  8. Sellers will pay any applicable PayPal fees.
  9. Sellers are solely responsible for setting the prices for the sale of their Documents distributed through the Service. Sellers are obligated to sell their Documents at the prices listed on the Service.
  10. Sellers are responsible for the timely payment of all sales prices and fees, and for providing LearningLawyer, LLC with a valid PayPal account and/or mailing address for payment, as described.
  11. Sellers who wish to change their designated PayPal account should inform LearningLawyer, LLC at least one week before the payout date for the next quarter.
  12. Sellers release LearningLawyer, LCC from any claims, demands, or damages of any kind and of any nature relating or arising out of a dispute of any kind between Sellers and any third party.
  13. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, that might apply to any sales you make in connection with the Service.

Licenses and Rights

1. License Grants by Sellers to LearningLawyer, LLC

You (the Seller) retain ownership of any copyright you claim to your submitted content. By submitting your Title to the Service you automatically grant LearningLawyer, LLC a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, trademark rights publicity rights, and/or database rights you have in the content, in any media now known or later developed, solely as is reasonably necessary for LearningLawyer, LLC to make the Title available through the Service.

This license will be deemed revoked at the time that you cancel your membership and/or request to remove any or all Documents. LearningLawyer, LLC retains license only to make Documents that you have sold prior to cancellation available to members who have purchased any of your Documents prior to the cancellation of your membership and request to remove any or all of your Documents. LearningLawyer, LLC shall be given a reasonable time to remove any or all Documents after your request.

By submitting a Title to LearningLawyer, LLC for to the Service, you represent and warrant that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. When you submit your original copyrightable content (your Title) on or through the Service, you represent and warrant that the Title is original to you and that no other party has any rights that restrain you from freely selling the Title. Unless you expressly specify otherwise in the license under which you offer your Title, nothing limits the existing rights of Purchasers under the Copyright Act including without limitation rights under Sections), 107 (fair use) of the Copyright Act (17 U.S.C. 101 et seq.).

LearningLawyer, LLC reserves the right to pre-screen or monitor all content on the LearningLawyer.com website Service, and may at our discretion remove, edit, change, move, or close any content, thread, information or materials, in whole or in part, or any chat room or similar posting, at any time for any reason.

User Rights and Responsibilities

When you purchase a Title, you will have the unlimited right to download the purchased Title from LearningLawyer.com.

As a condition of using the Service, Users agree to all of the following:

  1. You agree to be bound by our copyright policy, which is part of this Agreement. Our copyright policy is in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws.
  2. You do not have the right to share your purchases unless you purchase additional copies to download. As a condition of use, you agree not to share your purchases unless you have purchased additional downloads of that Title.
  3. You do not have the right to post your purchased or freely downloaded files on the internet.
  4. You agree to respect and obey all applicable state and federal laws, rules, regulations, and/or industry standards regarding intellectual property law and the Seller’s copyright.
  5. You agree to pay in full for all Documents purchased through the Service, and agree that LearningLawyer, LLC may charge your credit card or PayPal account for any Documents purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account.
  6. Purchase of the right to download a Title does not transfer to you any commercial or promotional use rights in the Title. Your use of the Service (including your purchase of Documents) constitutes your acceptance of and agreement to use the Service and Documents solely in accordance with this Agreement.  Any other use of the Documents may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use.
  7. You agree that LearningLawyer, LLC does not transfer legal title or ownership of items between users, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2-401(2) and Indiana Uniform Commercial Code 2-401(2), which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless users agree otherwise, legal ownership to any Title passes to the Purchaser upon the electronic delivery of such Title from the Seller to the Purchaser.
  8. You must be a registered Member to buy or sell Documents through the Service.
  9. You will designate a member identification (UserName) and password. You are responsible for maintaining the confidentiality of your UserName and password. You should not disclose your password to anyone.
  10. You are responsible for all activity that occurs under your UserName.
  11. You are responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your UserName.
  12. You agree that you will not try to circumvent or modify any system, security technology, or other software that is part of the Service.
  13. You agree that you will not try to circumvent or modify any system, security technology, or other software that is used to administer the rules contained in this Agreement.
  14. You agree that you will not to try circumvent the fee payment system.
  15. You will not email, post, upload, or send in any way or otherwise make available in any way any content, material, or information to, on, or through the Service that is unlawful, harmful, threatening, fraudulent, abusive, harassing, defamatory, obscene, libelous, slanderous, pornographic, invasive of another’s privacy, in violation of any attorney-client relationship or fiduciary duty.
  16. You will not transmit, email, submit, or send in any way any viruses, spyware, malware, worms, or any other destructive or harmful code.
  17. You will not use the Service to make available in any way unsolicited or unauthorized advertising, promotional materials, junk mail, spam, affiliate links, or any other form of solicitation, except as promotes you, your law firm, or your not-for-profit organization on your own author’s page or as a guest post to the website blog.
  18. You will not use the Service for any illegal purpose, including selling anything violating any Copyright law, or any item the sale of which is prohibited, regulated, or restricted by law,
  19. You will not manipulate prices or interfere in any way with other Sellers’ Documents.
  20. You will not knowingly post untruthful reviews.
  21. You will not impersonate any other person or entity.
  22. You will not attempt to gain unauthorized access to LearningLawyer, LLC’s computers, systems, or website, or engage in any activity that interferes, disrupts, or diminishes the quality of the function of the Service.
  23. You will not collect Member Data about Users or Visitors for commercial or unlawful purposes.
  24. You will not use any automated means, including without limitation crawlers, spiders, ‘bots, robots, or data mining tools to download content or data from the Service, except for internet search engines and public archives that are non-commercial, unless specifically excepted by LearningLawyer, LLC.
  25. Ratings and reviews will generally be posted in two to four business days. LearningLawyer, LLC reserves the right to remove or edit user reviews if they are in violation of any part of the Terms of Service or any applicable law.
  26. By submitting your email address to LearningLawyer, LLC, you agree that we may use your email address to contact you about the status of your membership, in connection with a review you have left, or for other administrative purposes.
  27. You are responsible for all comments, information, feedback, reviews, and material submitted to LearningLawyer, LLC through the Service and/or website, including their originality, content, appropriateness, legality, and reliability.

LearningLawyer, LLC prohibits the user conduct described above and will use reasonable efforts to eliminate such conduct and content from the Service. However, you agree that LearningLawyer, LLC is not responsible for any information, content, or materials posted by Users, that you may be exposed to them, and that you bear all risks associated with exposure to them.

Privacy Policy

By accepting these Terms of Service, you agree to LearningLawyer, LLC’S Privacy Policy, which is by this reference expressly incorporated into this Agreement. The Privacy Policy is available at www.LearningLawyer, LLC.com/Privacy-Policy.

No Warranty

THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT CONTENT POSTED THROUGH THE SERVICE IS NOT PROVIDED WITH ANY GUARANTEE, WARRANTY, OR REPRESENTATION OF ITS SUITABILITY OR ACCURACY FOR ANY PARTICULAR USE. THE PRODUCTS, SERVICES, OR INFORMATION PURCHASED ARE NOT GUARANTEED TO MEET YOUR EXPECTATIONS. THE INFORMATION IS NOT GUARANTEED TO BE ACCURATE OR SUITABLE TO RESOLVE ANY LEGAL QUESTION, ISSUE, PROBLEM, OR DISPUTE. YOUR USE OF THE SERVICE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LEARNINGLAWYER, LLC, ITS AFFILIATES, AND ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE OF THE WEBSITE. LEARNINGLAWYER, LLC DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

LEARNINGLAWYER, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY TITLE LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. WE ARE NOT RESPONSIBLE FOR AND DO NOT WARRANT, ENDORSE, GUARANTEE ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE. WE ARE NOT RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

YOU AGREE TO HOLD HARMLESS LEARNINGLAWYER, LLC, ITS AFFILIATES, AND ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR ANY CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING IN ANY MANNER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE FOLLOWING:

  1. INABILITY TO ACCESS OR USE THE SERVICE;
  2. ACCESS TO OR USE OF THE SERVICE;
  3. THE COST OF SUBSTITUTE GOODS AND /OR SERVICES RESULTING FROM ANY GOODS, INFORMATION, DATA, OR SERVICES OBTAINED, OR TRANSACTIONS ENTERED IN TO THROUGH THE SERVICE;
  4. UNAUTHORIZED ACCESS TO OR ALTERATION OF DATE OR TRANSMISSIONS;
  5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY;
  6. ANY OTHER MATTER RELATING TO THE SERVICE AND/OR WEBSITE.

OBTAINING ANY CONTENT, INCLUDING DOCUMENTS, FROM THE USE OF THE WEBSITE OR SERVICE OR APPLICATIONS IS DONE AT YOUR OWN RISK AND DISCRETION. LEARNINGLAWYER, LLC SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:

  1. MISTAKES, INNACCURACIES, OR ERRORS OR OMMISSIONS OF CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY TITLE, PRODUCT, OR CONTENT POSTED, UPLOADED, EMAILED, TRANSMITTED, SOLD OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE OR WEBSITE.
  2. PROPERTY DAMAGE OR PERSONAL INJURY RESULTING FROM ACCESSING AND USING THE WEBSITE OR SERVICE,
  3. UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY MALWARE, VIRUSES, TROJANS, OR ANY OTHER HARMFUL SOFTWARE OR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY,
  5. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE,
  6. ANY ERRORS OR OMMISIONS IN ANY CONTENT
  7. LEARINGLAWYER, LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY DOCUMENTS, CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
  8. TRANSACTIONS CONDUCTED OUTSIDE THE SERVICE, INCLUDING THOSE THAT BEGIN THROUGH THE SERVICE BUT ARE TAKEN OUTSIDE THE SERVICE.

ANY CLAIM ARISING FROM THIS AGREEMENT OR ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGE. IF THERE IS LIABILITY FOUND ON OUR PART, LIABILITY WILL BE LIMITED TO THE AMOUNT PAID FOR THE CONTENT, PRODUCTS AND/OR SERVICES.UNDER NO CIRCUMSTANCES WILL THERE BE PUNITIVE OR CONSEQUENTIAL DAMAGES. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF ANY STATE BUSINESS AND PROFESSIONS CODE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “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.” IF YOU ARE A RESIDENT OF ANY OTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR STATE OR JURISDICTIONAL LAWS.

Electronic Signatures and Contracts

ACCEPTING THESE TERMS OF SERVICE ELECTRONICALLY CONSTITUTE AN AGREEMENT. ELECTRONIC SUBMISSIONS ARE AN AGREEMENT AND ARE YOUR ACCEPTANCE OF YOUR INTENT TO BE BOUND BY AND PAY FOR AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. ACCESS OF YOUR ELECTRONIC RECORDS MAY REQUIRE PARTICULAR TECHNOLOGY. IT IS YOUR SOLE RESPONSIBILITY TO ACQUIRE A TECHNOLOGICAL MEANS TO ACCESS YOUR ELECTRONIC RECORDS.

Confidentiality

Except for Documents submitted for sale or free distribution on LearningLawyer.com, all comments, information, feedback, reviews, and material submitted to LearningLawyer, LLC through or in association with the Service or website shall be considered non-confidential and the property of LearningLawyer, LLC. By submitting these to LearningLawyer, LLC you freely assign us all worldwide intellectual property rights, other rights, title and interest in them. LearningLawyer, LLC has the right to freely use these submissions in any way and for any lawful purpose.

Copyright Policy

LearningLawyer, LLC will remove material that we believe is infringing upon a copyrighted work. Our Copyright Policy complies with the Digital Millennium Copyright Act (DMCA), and other applicable laws.

If there are allegations of copyright infringement on the website and/or Service, LearningLawyer, LLC follows procedures mandated by the DMCA. We will immediately suspend or terminate the Membership of any User who is found to have violated any intellectual property rights or regulations. Upon notification of claimed copyright infringement (through the process described below) we will act quickly to remove or disable access to the flagged content. If you believe in good faith, know, or have evidence that intellectual property rights have been violated, you must provide us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification 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; (3) Identification 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 is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) 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 (6) 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.
The above written information must be sent to our designated Copyright Agent at the following address:

Copyright Agent
c/o LearningLawyer, LLC
120 E. Market St., Suite 625
Indianapolis, IN 46204

Lisa@LearningLawyer.com

  1. Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Indianapolis, Indiana, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.

Site Ownership

LearningLawyer.com is owned by LearningLawyer, LLC. Unless otherwise indicated the contents of this site are the property of LearningLawyer, LLC. All content is protected pursuant to U.S. and foreign copyright and trademark laws. Unless otherwise specifically excepted in connection with permitted use of the Service, material contents of this website may not be copied, reproduced, published, uploaded, posted, distributed or transmitted in any way. Download of one copy of purchased Documents on any one computer for your personal use only is a permitted use of the Service, provided you keep intact all copyright and other proprietary rights. The use of materials obtained from LearningLawyer.com on any other website or networked computer environment is prohibited. Modification or use of the content, Documents, and/or materials from the website for any purpose other than personal non-commercial use is a violation of LearningLawyer, LLC’s copyright, trademark, and trade secret rights and others’ proprietary rights.

No Agency

LearningLawyer, LLC is not the agent or representative of any site users (including, without limitation, any Sellers), and it does not operate under their authority for any purpose. LearningLawyer, LLC solely provides the means to allow users to sell and purchase goods from one another, and communicate.

Governing and Applicable Law

The Terms of Service will be governed by and construed in accordance with the laws of the State of Indiana, in the United States of America, without regard to its conflict of law provisions. The Service is operated by LearningLawyer, LLC from its offices in Indiana, in the United States of America. LearningLawyer, LLC itself makes no representation that content or materials are appropriate or available for use outside of Indiana. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Export

Software from LearningLawyer.com may not be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (3) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

LearningLawyer.com Series Categories

With your permission your Title may be categorized into one of the LearningLawyer, LLC Series (PracticeQuick, etc.). This does not give LearningLawyer, LLC any ownership in or rights to your Title. You remain the sole author of your Title and LearningLawyer, LLC has no co-authorship. The LearningLawyer, LLC Series are merely categories to help Buyers select a Title which may be more likely to meet their needs or expectations, but provides no guarantee that the Title will meet their needs or expectations. LearningLawyer, LLC retains full ownership of the LearningLawyer, LLC Series names. You have no ownership of or any claim to or interest in any of the LearningLawyer, LLC name, brand, website, Service, associated technology, or intellectual property, including Series names. If your Title is removed from the Service you shall cease use of any LearningLawyer, LLC categorization, including all Series names.

Promotion

LearningLawyer, LLC may market and/or promote your Documents through its own newsletters, website, emails, phone calls, in person, other common communication forms, common social media channels such as Facebook, and other ways that websites and their contents are commonly promoted. You may promote your Documents andLearningLawyer.com through any lawful means. You may use links to the LearningLawyer.com website, and reasonably short excerpts from the website to the extent that would typically be considered “fair use.” If your Title is categorized into a LearningLawyer, LLC Series, you may include the Series name in your promotion until your Title is removed from the Service. Nothing in this paragraph gives permission to use content that LearningLawyer, LLC does not own, such as Documents submitted by authors other than yourself. LearningLawyer, LLC has no marketing obligations to you. You have no marketing obligations to LearningLawyer, LLC.

Severability

If any provision of this Terms of Service shall be held unlawful, void, or unenforceable, that provision is severable from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision may be deemed modified so that its purpose can be lawfully enforced.

Waiver

Failure to exercise or enforce any provision or right of the Terms of Service does not constitute the waiver of any rights or provisions.

Dispute Resolution

Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be submitted to the state and federal courts of the county and state of Indiana, and you hereby agree to submit to the exclusive jurisdiction thereof.

Notices

LearningLawyer, LLC may provide you with notices, including without limitation notices regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.

Changes in the Service

LearningLawyer, LLC reserves the right to modify, suspend, or discontinue providing the Service or any part thereof with or without notice, at any time. LearningLawyer, LLC has no liability to you or to any third party for any modification, suspension, or discontinuance of the Service.

Modifications of Terms of Service

LearningLawyer, LLC reserves the right to modify the Terms of Services at any time by posting amended terms on the website. Your continued use of the website or Service indicates that you accept the amended Terms of Service. If you do not agree to the terms of this Agreement or any modified version of this Agreement, cease using the website and/or Service.

Assignment

LearningLawyer, LLC may assign this agreement to any successor or purchaser of LearningLawyer, LLC.

Headings

Section titles and headings in this Agreement are only for convenience and have no legal or contractual effect.

Trademarks

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Contact Information

Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to

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Last Updated: April 7, 2014.