PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service
EvidenceatTrial.com provides a place for Users to learn about Evidence at Trial and Evidence at Trial’s Continuing Legal Education (“CLE”) programming, to register for upcoming Evidence at Trial CLE programs, to access Evidence at Trial CLE program materials, and to contact Evidence at Trial.
You may use the Service only if you can form a binding contract with Evidence at Trial, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Evidence at Trial.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Evidence at Trial reserves all rights not expressly granted herein in the Service and the Evidence at Trial Content (as defined below). Evidence at Trial may terminate this license at any time for any reason or no reason.
Evidence at Trial Service gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you complete a CLE program registration on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never register someone else for a CLE program without their permission. When registering for a CLE program, you must provide accurate and complete information. If you register for a CLE programs on behalf of one or more others, you acknowledge that you have the permission of each registered individual to register them for the program and that you are providing accurate and complete information on their behalf. To the best of your knowledge, all information that you provide to Evidence at Trial is truthful and accurate.
By providing Evidence at Trial your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by clicking an opt-out link in the email or by contacting us at [email protected]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
5. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Evidence at Trial servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Evidence at Trial grants the operators of public search engines revocable permission to use spiders to copy materials from Evidence at Trial.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited, other than in the case of certain audiovisual content that the features of the Service may expressly make available for you to download (and, in such instances, only to the limited extent such use is expressly permitted by the terms and features of the Service). In no event shall you redistribute Evidence at Trial Content (as defined below) to third parties. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Evidence at Trial Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Evidence at Trial Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Evidence at Trial shall have no liability for your interactions with other Users, or for any User’s action or inaction.
6. By entering the Evidence at Trial event premises, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Evidence at Trial. Images, photos and/or videos may be used to promote similar Evidence at Trial events in the future, highlight the event and exhibit the capabilities of Evidence at Trial. You release Evidence at Trial, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings.
7. User Information License Grant
By posting any information on or to the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Evidence at Trial a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such information and your name, voice, and/or likeness as contained in such information, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Evidence at Trial’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
8. Mobile Software
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Evidence at Trial does not warrant that the Mobile Software will be compatible with your mobile device. Evidence at Trial hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on mobile devices owned or leased solely by you. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Evidence at Trial may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Evidence at Trial or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Evidence at Trial reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Evidence at Trial Service.
9. Our Proprietary Rights
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and any materials (including but not limited to educational materials) provided by Evidence at Trial or presenters in relation to Evidence at Trial CLE programs (the “Evidence at Trial Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Evidence at Trial and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Evidence at Trial Content. You agree to only use Evidence at Trial Content for your personal, non-commercial use. Use of the Evidence at Trial Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Evidence at Trial under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Evidence at Trial does not waive any rights to use similar or related ideas previously known to Evidence at Trial, or developed by its employees, or obtained from sources other than you.
10. Evidence at Trial Data
Certain aspects of the Service may allow you to obtain certain information, content, or materials, including about or relating to CLE programs (“Evidence at Trial Data”). You understand and agree that regardless of terminology used, Evidence at Trial Data represents a limited license right governed solely by the terms of this Agreement and available for distribution at Evidence at Trial’s sole discretion. Evidence at Trial Data is not redeemable for any sum of money or monetary value from Evidence at Trial at any time. You acknowledge that you do not own or possess any rights of access or rights to data stored by or on behalf of Evidence at Trial on Evidence at Trial servers, including without limitation any data representing or embodying any or all of the Evidence at Trial Data. You agree that Evidence at Trial has the absolute right to manage, regulate, control, modify and/or eliminate Evidence at Trial Data as it sees fit in its sole discretion, in any general or specific case, and that Evidence at Trial will have no liability to you based on its exercise of such right. All data on Evidence at Trial’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, REGISTRATION HISTORY, CLE PROGRAM MATERIALS, AND OTHER CONTENT RESIDING ON EVIDENCE AT TRIAL’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN EVIDENCE AT TRIAL’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. EVIDENCE AT TRIAL DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON EVIDENCE AT TRIAL’S SERVERS.
11. CLE Program Registration
a. Billing Policies. Certain aspects of the Service, such as registration for CLE programs, may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing listed on program registration pages, as we may update them from time to time. Evidence at Trial may add new services or programs for additional fees and charges, or amend fees and charges for existing services or programs, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective immediately for any future registrations.
b. Attendee Substitutions; Refund Limitations. You must notify Evidence at Trial at least 48 hours in advance of a CLE program’s start date if you wish to send a substitute participant; all substitutions will be granted at the sole discretion of Evidence at Trial. If you are unable to attend or find a suitable substitute, notify Evidence at Trial in writing no later than three days prior to the start of the CLE program and Evidence at Trial will issue you a credit voucher—for the full amount you paid Evidence at Trial to attend that CLE program—that is redeemable only against cost of attendance for future Evidence at Trial CLE programs. For cancellations received in writing more than seven (7) days prior to the conference you will receive a 100% credit to be used at another Evidence at Trial conference for up to one year from the date of issuance.
For cancellations received seven (7) days or less prior to an event (including day 7), no credit will be issued. Notwithstanding the foregoing, Evidence at Trial will be under no obligation to issue refunds or credits once any CLE program materials have been distributed or made accessible to attendees. You may cancel your CLE program registration at any time; however, there are no refunds for cancellation other than as specified above. In the event that Evidence at Trial suspends or terminates this Agreement, you understand and agree that you shall receive no refund or exchange for any Evidence at Trial Data, any license or subscription fees for any portion of the Service, any content or data associated with your registration(s) or CLE programs (including CLE program videos or other materials), or for anything else.
c. Risk of Loss. All products purchased from or via the Service, including materials distributed in relation to a CLE program, may be transported and delivered to you by an independent carrier not affiliated with, or controlled by, Evidence at Trial. Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when Evidence at Trial or our supplier delivers these items to the carrier.
d. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
e. Payments. You agree to pay the total amount listed on the site when you submit a CLE program registration or when someone submits a registration on your behalf. You agree that if you submit registration(s) on behalf of others, you are nonetheless personally responsible for paying the total amount due under the terms of this Agreement. Payments must be received in full prior to the CLE program in question. Group discounts may be made available to individuals who register together on the site or via promotional code submitted at the time of registration, at the sole discretion of Evidence at Trial. Such discounts will not be made retroactively after a registration is submitted and may be rescinded if part of a group registration is subsequently cancelled. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any charge made hereunder, you must notify Evidence at Trial in writing within thirty (30) days of such charge. Failure to so notify Evidence at Trial shall result in the waiver by you of any claim relating to such disputed payment. Payments due shall be calculated solely based on records maintained by Evidence at Trial. No other measurements or statistics of any kind shall be accepted by Evidence at Trial or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
f. Event Cancellation. You agree that Evidence at Trial may cancel your CLE program registration(s) at any time, for any reason (including without limitation in the case of pricing errors) and in its sole discretion, in which case Evidence at Trial will refund you the amount you paid Evidence at Trial to attend that CLE program, so long as you have not previously submitted a request to cancel that registration and Evidence at Trial has not determined that you have breached this Agreement. Evidence at Trial also reserves the right to modify (including without limitation as to time, location, speakers, or topic) or cancel all or part of any CLE program it deems necessary to modify or cancel in its sole discretion. You will only be entitled to a refund of registration fees in the event that the entire CLE program is cancelled, and only so long as you have not previously submitted a request to cancel that registration and Evidence at Trial has not determined that you have breached this Agreement. In no event will Evidence at Trial be responsible for any costs incurred by registrants or others, including without limitation transportation, airfare, hotel, or other costs. Evidence at Trial reserves the right in its sole discretion to change CLE program dates and times, speakers, content, or venue, and will incur no liability to you or any attendee as a result of such changes.
12. No Attorney Client Relationship
Your use of the Service and/or attendance at a CLE program does not create an attorney-client relationship or any other professional relationship whatsoever between you and Evidence at Trial or its presenters.
Evidence at Trial cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
15. Third-Party Links
You agree to defend, indemnify and hold harmless Evidence at Trial and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any information submitted by you or on your behalf; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
17. No Warranty
THE SERVICE (INCLUDING ANY CLE PROGRAMS YOU REGISTER TO ATTEND VIA THE SERVICE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVIDENCE AT TRIAL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EVIDENCE AT TRIAL, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
EVIDENCE AT TRIAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EVIDENCE AT TRIAL SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EVIDENCE AT TRIAL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVIDENCE AT TRIAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE (INCLUDING ANY CLE PROGRAMS YOU REGISTER TO ATTEND VIA THE SERVICE). UNDER NO CIRCUMSTANCES WILL EVIDENCE AT TRIAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR THE INFORMATION CONTAINED THEREIN. EVIDENCE AT TRIAL ACCEPTS NO LIABILITY FOR ANY COSTS YOU MAY INCUR DUE TO CANCELLATION OF YOUR REGISTRATION OR CANCELLATION OF OR CHANGES TO CLE PROGRAM(S).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVIDENCE AT TRIAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) INFORMATION SUBMITTED VIA THE SERVICE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL EVIDENCE AT TRIAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO EVIDENCE AT TRIAL HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EVIDENCE AT TRIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Evidence at Trial makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
19. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
a. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EVIDENCE AT TRIAL. For any dispute with Evidence at Trial, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Evidence at Trial 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 JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles County, California, unless you and Evidence at Trial agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Evidence at Trial from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
c. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE 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 EVIDENCE AT TRIAL 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.
20. General Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Evidence at Trial without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
22. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Evidence at Trial in connection with the Service, shall constitute the entire agreement between you and Evidence at Trial concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
23. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Evidence at Trial’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
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