Please read these terms of use carefully before using this site.
By using this website (the “Site”) or any related applications or application plug-ins (“Applications”) or any services provided by us whether through the Site, Applications or otherwise (“Services”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us”, “our” and “Company” refer to Sampe CLE, LLC.
These Terms of Use are a binding legal agreement (the “Agreement”) between you and us. It is your responsibility to review these Terms of Use prior to each use of the Site, Applications or Services. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications or Services. These Terms of Use refer to our privacy policy (“Privacy Policy”), hereby incorporated by reference, which also applies to your use of the Site, Applications and the Services and which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
You agree that by using the site, any applications, and the services you are at least 18 years of age and you are legally able to enter into a contract.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute, as described in Sections 16 and 17 below.
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Terms of Use: These Terms of Use govern your use of the Site, Applications and the Services. A “user” is you or anyone who accesses, browses, or in any way uses the Site, Applications or Services. Though your access and use of the Site, Applications and Services is governed by the Terms of Use effective at the time, please note that we may revise and update or change these Terms of Use from time to time in our discretion. If we make material changes to these Terms of Use, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. YOUR CONTINUED USE OF THE SITE, APPLICATIONS AND SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF USE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF USE, CHANGES, OR MODIFICATIONS. These Terms of Use are to ensure that you will use the Site, Applications and Services only in the ways in which we intend for them to be used. By using or accessing the Site, Applications or Services you acknowledge each and all of the following:
- You acknowledge that you’ve read, understood, and accept these Terms of Use and any additional documents or policies referred to in or incorporated into these Terms of Use, whether you are participating as a guest or as a registered user or subscriber;
- You represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms of Use, either on behalf of yourself or the entity that you represent; and
- You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
- No Legal Advice. The Site, Applications and Services merely provides access to contracts and agreements that may have been used in the actual, real-word transactions. These documents are NOT templates or forms and should not be used that way. We do NOT provide legal or any tax advice. We do not review, verify, confirm, endorse, support or stand by the usefulness, validity, accuracy, sufficiency, correctness, completeness of any of the sample documents or agreements or any other content on the Site, Applications, or Services whether provided by us or other users. Many, if not all, of the sample contracts and agreements were at the center of a lawsuit. You should proceed with extreme caution in relying on any of the content of any sample contract or agreement. We also do not review, verify, confirm, endorse, support or stand by any of the information you provide us. We do not provide legal analysis, opinions for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of contracts, clauses, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with an attorney licensed to practice in the appropriate jurisdiction. Since we are not a law firm, communications between you and us or any postings, comments or information, requests or other communication transmitted or posted by you is not protected as privileged communications under the attorney-client privilege or work product doctrine. Your use of the Site, Applications, or Services does not create an attorney-client relationship between you and us, or between you and any of our employees or representatives or with any other user. We are not a “Lawyer Referral Service”. We do not endorse or recommend any attorney nor do we make any warranty as to the qualifications or competency of any attorney.
- Accessing the Site, Applications and Services: We grant you permission to access and use the Site, Applications and Services subject to the restrictions set out in these Terms of Use. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You understand that no representation or warranty is being made that any of the sample documents, comments or other Services or content found in the Site or Applications comply with law, are suitable for your intended or any other use, are to be relied upon as being complete, accurate or authentic or suitable for any purposes whatsoever. We may change, suspend or discontinue any aspect of the Site, Application and Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Being exposed to advertising is a condition of accessing the Site, Applications and Services. You are responsible for making all arrangements necessary for you to have access to the Site, Applications and Services. We may close your account, suspend your ability to use certain portions of the Site, Applications or Services, and/or ban you altogether from same for any or no reason, and without notice or liability of any kind.
- Subscriptions to the Services: Most of the content, features and functionalities of the Site, Applications and Services require a paid subscription for access. As of now, subscriptions are for one calendar year and limits the subscriber to 100 downloads during that year. Subscriptions do not automatically renew. It is your responsibility to renew your subscription, and we may or may not send you a reminder to do so. If you do not renew your subscription, then you will lose access to the features and benefits offered to subscribers including, without limitation, any saved documents and any of Your User Generated Content (defined at Section 8 below). It is a condition of your use of the Site, Applications and Services that the information you provide is correct, current, and complete. If you purchase a subscription, you represent and warrant that all information you provide in connection with your subscription is true and accurate. We are not responsible for fulfilling any subscription for which you provided information that is deceptive or incomplete, as determined by us. You shall select the applicable payment method and pay the fees set forth on the confirmation page for your purchase of a subscription. Subscription fees will first be charged when you purchase a subscription, unless otherwise specified. The fee is exclusive of any applicable federal, state, municipal or other taxes or duties, including VAT and GST (collectively, “Applicable Taxes”), unless otherwise specified. Your ability to access the any section, feature, functionality or content of the Site, Applications or Services begins on the date you pay the applicable fee and Applicable Taxes (if any) and continues on an annual basis. No cancellations are permitted and no refunds will be issued. If you do not renew your subscription, then you may lose access to any and all of Your User Generated Content, any saved searches, downloads, uploads, posts, publications and all other content whether provided by us, another user or you.
- Account Registration and Account Security: Subscriptions require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy. It is a condition of your use of the Site, Applications and Services that the information you provide is correct, current, and complete. Each registration and account is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password. You may not: (1) select or use the login credentials of another person with the intent to impersonate that person; (2) use login credentials in which another person has rights without such person’s authorization; or (3) use login credentials that we, in our sole discretion, deem offensive. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. Failure to comply with these requirements will constitute a breach of these Terms of Use, which may result in immediate suspense or termination of your account as well as being banned from future use of the Site, Applications or Services. Once you have an account, you are responsible for all activities that occur in connection with your account. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information. You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing By creating an account, you agree that you may receive communications from us, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email. In order to ensure we can protect and properly administer the Site, Applications and Services and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason.
- Changes. We reserve the right to modify, offer additional, or cease offering any content, feature, functionality or other aspect of the Site, Applications or Services at any time in our sole discretion, We will provide you with thirty (30) days prior notice via email before changes in the fees take effect. Any changes to the fees will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your subscription term.
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Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms of Use. We are under no obligation to enforce the Terms of Use on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms of Use or otherwise engaged in prohibited or illegal conduct. You agree not to, and will not assist, encourage, or enable others to use the Site, Applications or Services to violate any applicable national, regional, federal, state, local, or international law or regulation. You also agree not to, and will not assist, encourage, or enable others to use the Site, Applications or Services for the following:
- To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material that (a) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person; (c) violates or assists in the violation of legal rights (including the rights of publicity and privacy) of others or (d) could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use and/or our Privacy Policy or be likely to deceive or confuse any person.
- To deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
- To distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
- To access or copy in bulk, retrieve, harvest, or index any portion of the contents of the Site or Applications or the Services (“Scrape”) or use, support, or develop any robot, spider, scripts, or other automatic device, process, or means (such as crawlers, browser plug-ins and add-ons, or other technology) to Scrape the Services for any purpose.
- To use the Site, Applications or Services (including, without limitation, any content therein) to develop any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
- To reverse engineer any portion of the Services.
- To modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit any of our intellectual property, except as expressly authorized by us or to remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Site, Applications or Services or on any materials printed or copied from the Services.
- To record, process, harvest, collect, or mine information about other users.
- To use the Site, Applications or Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”).
- To use the Site, Applications or Services to violate the security of any computer network, crack passwords or security encryption codes or to remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Site, Applications or Services.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, Applications or Services, the server on which same are stored, or any server, computer, or database connected to the Site, Applications or Services.
- To attack the Site, Applications or Services via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the Site, Applications or Services.
Any VIOLATION OF THESE PROHIBITED USE WILL RESULT IN A TERMINATION OF SERVICE AND BAN FROM THE SITE, APPLICATIONS AND SERVICES AND WE MAY SEEK LEGAL ACTION AGAINST YOU.
- Content. You understand that when using the Site, Applications and Services, you will be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Content”) from a variety of sources, and that we not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. We are the owner of and will retain ownership of all proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with all of our trademarks, logos, branding, and any other content on the Site, Applications and Services that we own or have created in connection with the Site, Applications or Services (collectively, “Company IP”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Company IP are retained by us. You understand and acknowledge that you alone are responsible for the content that you submit or transmit to, through, or in connection with the Site, Applications or Services or that you publicly display or displayed in your account profile (collectively, “Your User Generated Content”), and you, not us, assume all risks associated with Your User Generated Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your User Generated Content that makes you or anyone else personally identifiable. If you upload, post or submit any content on the Site, Applications or Services, you represent to us that you have all the necessary legal rights to do so and same will not violate any law or the rights of any person. You may not imply that Your User Generated Content is in any way sponsored or endorsed by us. You represent and warrant that Your User Generated Content does not violate these Terms of Use. You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your User Generated Content for any purpose. By “use” we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your User Generated Content. Pursuant to this grant, you agree that we may use Your User Generated Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. Please note that you also irrevocably grant the users of the Services the right to access Your User Generated Content in connection with their use of the Services. Finally, you irrevocably waive, and cause to be waived, against us and the other users of the Site, Applications and Services any claims and assertions of moral right or attribution with respect to Your User Generated Content. Your granting of rights set forth above will continue even if you are not then a paid subscriber or have an account with us. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms of Use or our other policies, (a) to display or publish Your User Generated Content; (b) to maintain Your User Generated Content in confidence; (c) to pay you any compensation for Your User Generated Content; (d) to credit or acknowledge you for Your User Generated Content; (e) to respond to Your User Generated Content; or (5) to exercise any of the rights granted herein with respect to Your User Generated Content.
- No Guarantee of Service. Although we hope to make the Site, Applications and Services available at all times in the future, there may be times when we need to disable the Site, Application or Services either temporarily or permanently. The Site, Applications or Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as we will not be liable if all or any part of the Site, Applications or Services is unavailable at any time, for any period of time. Your User Generated Content may be deleted or lost at any time and we make no promise that we can retrieve it. Also, from time to time, we may restrict access to some parts of the Site, Applications or Services, or the entire Site, Applications or Services, to users, including registered users and those who have paid for subscriptions. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Site, Application or Services, including with respect to device compatibility.
- Links to other Sites. If there are other websites and resources linked to on the Site, Applications or Services, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, Applications or Services, you do so entirely at your own risk and subject to the Terms of Use and conditions of use for such websites. Use extreme caution when accessing any link or website posted by another user. We take no responsibility for the link posted or published whatsoever including, without limitation, any content found on the link or any harmful effects accessing or clicking on the link may cause to your or your devices or equipment.
- Disclaimer of Warranties. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY” AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (X) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.
- Limitations on Claims. Any claim or cause of action arising out of or related to use of the Site, Applications or Services or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
- Limit of Liability. IN NO EVENT WILL COMPANY, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“COMPANY PARTIES“) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SITE, APPLICATIONS, OR SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, THE “EXCLUDED DAMAGES“). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE COMPANY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, APPLICATIONS, OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE SITE, APPLICATIONS OR SERVICES. COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE, APPLICATIONS OR SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO COMPANY FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.
- Indemnification. You shall indemnify and hold harmless Company and the Company Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your or your end users’ violation of these Terms of Use or your or your end users’ use of the Site, Applications or Services.
- Governing Law. This Agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York.
- Arbitration and Class Action Waiver. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at [_______@samplecle.com] and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Claims within the meaning of this provision–are for the court to decide. As stated in Section 15, New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
- Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- General Terms. These Terms constitute the sole and entire agreement between you and Company with respect to the Site, Applications and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site, Applications or Services. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The Terms of Use, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Company’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms of Use and be void. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
- Contact. All feedback, comments, requests for technical support, and other communications relating to the Site, Applications or Services should be directed to: [_____@Samplecle.com]. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (a) your Feedback does not contain the confidential or proprietary information of third-parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development that is owned by us, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.
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Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information in writing to our copyright agent (see 17 U.S.C. § 512(c)(3) for further detail). Please be advised that to be effective, the Notice must include ALL of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are a California resident, under California Civil Code Section 1789.3, you may contact us by phone at 1([__]) [___]-[___]in order to resolve a complaint regarding the Site, Applications Services or to receive further information regarding use of the Site, Applications or Services. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.