1. Acceptance of Terms
KEYTLaw provides this website resource to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By using this website, you are agreeing to be bound by, and to comply with, this TOS. You can review the most current version of this TOS at any time at: http://www.keytlaw.com/misc/terms.htm.
2. Description of Service
This website currently provides users with access to a rich collection of on-line resources relating to the law, including, articles, links to internet resources, and the discussion forums (collectively the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to this TOS. The Service is provided "AS-IS." KEYTLaw assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings, if any.
4. User Conduct
All information, data, text, graphics, messages or other materials (collectively "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated the Content. This means that you, and not KEYTLaw, are entirely responsible for all Content that you upload, post, email or otherwise transmit to or via the Service. KEYTLaw does not guarantee the accuracy, integrity or quality of any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Richard Keyt or KEYTLaw be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to NOT use the Service to:
KEYTLaw does not pre-screen Content placed on this website by users. Richard Keyt, KEYTLaw and their designees have the right, but not the obligation, in their sole discretion to remove, for any reason, any Content that is available on the Service. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content. You may not rely on any Content created by Richard Keyt or KEYTLaw or submitted to this website.
Richard Keyt and KEYTLaw may preserve Content and may also disclose Content, its source and any information related to Content if required to do so by law or in the good faith belief that the preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Richard Keyt, KEYTLaw, this website, its users and the public.
5. Special Admonitions for Internal Use
You will comply with all local laws and rules regarding online conduct and acceptable Content. You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
6. Public Content Posted to this Website
For purposes of this TOS, "publicly accessible areas of the Service" are those accessible by the general public. With respect to Content you post for inclusion in publicly accessible areas of this website, you grant KEYTLaw the perpetual, irrevocable, non-exclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You will indemnify and hold Richard Keyt, KEYTLaw, and their agents, or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Content you submit, post to or transmit through the Service, your use of the Service, your violation of this TOS, or your violation of any rights of another.
8. No Resale of Service
You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or use of the Service without the express written consent of KEYTLaw.
9. General Practices Concerning Storage & Use
KEYTLaw may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that discussion board postings or other suggested Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Richard Keyt and KEYTLaw are not responsible or liable for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. KEYTLaw reserves the right to change these general practices and limits at any time, in his sole discretion, with or without notice.
10. Modifications to Service
KEYTLaw reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Richard Keyt and KEYTLaw will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
KEYTLaw, in its sole discretion, may terminate your use of the Service and remove and discard any Content placed on the website by you within the Service, for any reason, if KEYTLaw believes that you have violated or acted inconsistently with the letter or spirit of this TOS. KEYTLaw may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Any termination of your access to the Service under any provision of this TOS may be effected without prior notice. KEYTLaw may bar any further access to the Service. KEYTLaw will not be liable to you or any third-party for any termination of your access to the Service.
12. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. KEYTLaw will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because KEYTLaw has no control over such sites and resources, KEYTLaw is not responsible for the availability of any external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. KEYTLaw shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Richard Keyt and KEYTLaw shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in websites listed in this website listings or search results, or that otherwise provided to KEYTLaw by third parties.
14. KEYTLaw's Proprietary Rights
The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by KEYTLaw or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. KEYTLaw grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software to use the Service through a web browser on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You will not modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You will not access the Service by any means other than through the interface that is provided by KEYTLaw for use in accessing the Service. YOU AGREE NOT TO USE ANY SOFTWARE PRODUCT OR PROGRAM TO DOWNLOAD ANY PORTION OF THE SERVICE FOR OFF-LINE DISPLAY.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KEYTLaw EXPRESSLY DISCLAIMS 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.
KEYTLaw MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEYTLaw OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
16. Limitation of Liability
RICHARD KEYT AND KEYTLaw WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RICHARD KEYT OR KEYTLaw HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. Exclusions & Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. Trademark Information
KeytLaw™ is a trademark of Richard Keyt. Without KEYTLaw's prior permission, you agree not to display or use in any manner, Keyt Law.
19. General Information
This TOS constitutes the entire agreement between you and KEYTLaw and governs your use of the Service. This TOS supercedes any prior agreements between you and KEYTLaw. This TOS and the relationship between you and KEYTLaw shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and KEYTLaw agree to submit to the personal and exclusive jurisdiction of the courts located within the Maricopa County, Arizona. The failure of KEYTLaw to exercise or enforce any right or provision of this TOS shall not constitute a waiver of the right or provision. If any provision of this TOS 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 TOS remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action you allege arising out of or related to use of the Service or this TOS must be filed within one year after the claim or cause of action arose or be forever barred.
This page was last modified on July 22, 2007.
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