THE LEGAL CONNECTION NETWORK
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 14 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, The Legal Connection Network grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of The Legal Connection Network or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
6. USER INFORMATION/PASSWORD PROTECTION
You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify The Legal Connection Network immediately of any unauthorized use of Your account, user name, or password. The Legal Connection Network shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by The Legal Connection Network, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also promptly notify The Legal Connection Network if any credit card that You have provided to us is lost, stolen or used without permission.
7. RELATIONSHIP AND OBLIGATION OF PARTIES
You acknowledge and agree that You enter contracts directly with other The Legal Connection Network users for the sale and purchase of goods, and/or the provision of services. The Legal Connection Network is not a party to any contract between The Legal Connection Network users, and is not involved in the contracting between The Legal Connection Network users. All rights and obligations for the sale and purchase of goods, and/or for contracted services, are solely between The Legal Connection Network users. The Legal Connection Network users are solely responsible for the enforcement and performance of their rights and obligations for the sale and purchase of goods, and/or for contracted services. The Legal Connection Network has no control over and does not guarantee the quality, safety or legality of the advertised or requested goods or services, the ability of any The Legal Connection Network user to deliver goods or services, the quality of the goods or services, the ability of any The Legal Connection Network user to pay for goods or services, or that a The Legal Connection Network user will complete a transaction. The Legal Connection Network users must look solely to each other for the enforcement and performance of all rights and obligations pursuant to the sale and purchase of goods, and/or contracted services, and any other terms, conditions, representations or warranties associated with such dealings.
8. ACCURACY OF DIRECTORY LISTINGS
The Legal Connection Network relies on its users to provide truthful and accurate information, and The Legal Connection Network does not and cannot exhaustively investigate each Directory listing. Accordingly, The Legal Connection Network must assume that information contained in each Directory listing is truthful and accurate. THE LEGAL CONNECTION NETWORK IS NOT RESPONSIBLE AND HEREBY DISCLAIMS ALL RESPONSIBILITY FOR ANY UNTRUTHFUL OR INACCURATE INFORMATION CONTAINED IN ANY DIRECTORY LISTING.
9. THIRD-PARTY WEBSITES
The Website may be linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with The Legal Connection Network and some of whom may not. The Legal Connection Network does not have control over the content and performance of Third-Party Websites. THE LEGAL CONNECTION NETWORK HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, THE LEGAL CONNECTION NETWORK DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. THE LEGAL CONNECTION NETWORK DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
10. CONSENT TO RECEIVE EMAIL
By establishing an account with The Legal Connection Network, You thereby consent to receive periodic email communications from The Legal Connection Network regarding the Services and other matters.
11. COMMUNICATIONS MADE TO THIRD-PARTIES BY MEANS OF THE WEBSITE
You acknowledge that any communications sent by You to third-parties by means of the Website, whether by email or otherwise, are not private, and such communications may be read by third-parties with or without your knowledge. Further, You agree that the content of any communications that you send to third-parties by means of the Website shall be non-confidential and non-proprietary. The Legal Connection Network reserves the right to use such communication for any purpose.
12. FEES & REFUND POLICY
Access to the Website and use of the Services is free. You acknowledge and agree that The Legal Connection Network reserves the right to charge for access to the Website and use of the Services and to change its fees from time to time in The Legal Connection Network’s sole discretion. If The Legal Connection Network terminates Your Membership in accordance with this Agreement, You shall not be entitled to the refund of any unused portion of subscription fees, if any.
13. USER CONTENT
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the The Legal Connection Network Parties under this section. You further represent and warrant that all User Content fully complies with The Legal Connection Network’s Community Guidelines.
14. ONLINE FORUMS
“Online Forum” is any area, site or feature offered as part of the Website that enables You (a) to submit, post, display and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or visitors, including without limitation, Directory listings. You understand and acknowledge that anything You submit or post by way of any Online Forum may be viewed on the Internet by the general public and that, therefore, You have no expectation of privacy with regard to any such submission or posting. Online Forums and features offered therein are for public and not private communications. You are, and shall remain, solely responsible for the User Content submitted and/or posted under your username, or otherwise by You, in any Online Forum and for the consequences of submitting and posting same. You understand and acknowledge that the use of User Content posted on any Online Forum is at Your own risk. The Legal Connection Network is not responsible for, and The Legal Connection Network does not endorse, the opinions, advice or recommendations posted or sent by users in any Online Forum, and The Legal Connection Network specifically disclaims any and all liability in connection therewith. Your ability to access and view User Content within an Online Forum and/or to submit and post User Content within an Online Forum may be subject to certain age restrictions, and other restrictions, that The Legal Connection Network may revise at its sole discretion, at any time, for any reason or no reason at all. Such restrictions will be posted with the Online Forum, as applicable.
15. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services, including without limitation Online Forums, to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, pornographic, may constitute child pornography, may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18, or are otherwise objectionable; (b) advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) violate any provision of this Agreement or any other The Legal Connection Network agreement or policy, including without limitation The Legal Connection Network’s Community Guidelines (collectively, “Objectionable Content”). The Legal Connection Network may monitor the Website for Objectionable Content. Without limiting any of its other remedies, The Legal Connection Network reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. The Legal Connection Network, in its sole discretion, may delete any Objectionable Content from its servers. The Legal Connection Network intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
16. PROHIBITED USES
The Legal Connection Network imposes certain restrictions on Your use of the Website and the Services, including without limitation Online Forums. You represent and warrant that you will not: (a) violate or attempt to violate any security features of the Website or Services; (b) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (c) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (e) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (f) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (g) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the The Legal Connection Network Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
17. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.
Conectando Latinos, The Legal Connection Network, and the Conectando Latinos logo (the “The Legal Connection Network Marks”) are trademarks or registered trademarks of The Legal Connection Network. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the The Legal Connection Network Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the The Legal Connection Network Marks generated as a result of Your use of the Website and Services will inure to the benefit of The Legal Connection Network, and You agree to assign, and hereby do assign, all such goodwill to The Legal Connection Network. You shall not at any time, nor shall You assist others to, challenge The Legal Connection Network’s right, title, or interest in or to, or the validity of, the The Legal Connection Network Marks.
(c) Copyrighted Materials; Copyright Notice
All content and other materials, with the exception of User Content, available through the Website and Services, including without limitation the Conectando Latinos logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by The Legal Connection Network or are the property of The Legal Connection Network’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2008 to the present, Conectando Latinos, LLC. ALL RIGHTS RESERVED.
(d) DMCA Policy
As The Legal Connection Network asks others to respect The Legal Connection Network’s intellectual property rights, The Legal Connection Network respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates Your copyright, you are encouraged to notify The Legal Connection Network in accordance with The Legal Connection Network’s Copyright Policy. The Legal Connection Network will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material. The Legal Connection Network has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of The Legal Connection Network or of a third party, or otherwise violated any intellectual property laws or regulations.
18. DISCLAIMERS; LIMITATION OF LIABILITY
(a) DISCLAIMER INVOLVING PERSONAL INFORMATION AND CONTACT WITH OTHERS THROUGH THE LEGAL CONNECTION NETWORK
PERSONAL INFORMATION CONTAINED ON THE WEBSITE, OR OTHERWISE SUPPLIED IN CONNECTION WITH THE SERVICES, IS MADE AVAILABLE BY THE INDIVIDUAL OR ENTITY PROVIDING SUCH PERSONAL INFORMATION; THE LEGAL CONNECTION NETWORK DOES NOT ASSESS OR WARRANT THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION. YOU ACKNOWLEDGE THAT RELIANCE UPON ANY INFORMATION MADE AVAILABLE THROUGH WEBSITE SHALL BE AT YOUR SOLE RISK. YOU AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE LEGAL CONNECTION NETWORK FROM ANY AND ALL LIABILITY ARISING FROM INCORRECT OR INCOMPLETE INFORMATION REGARDING ANY ASPECT OF THE WEBSITE OR SERVICE.
YOU UNDERSTAND THAT BY EITHER SELLING OR PURCHASING GOODS, AND/OR BY EITHER PROVIDING OR RECEIVING CERTAIN SERVICES, THROUGH THE LEGAL CONNECTION NETWORK, YOU MAY ENGAGE IN ACTIVITIES THAT INVOLVE THE RISK OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY AND DEATH, SEVERE SOCIAL AND ECONOMIC LOSSES AND OTHER LOSS INCLUDING, WITHOUT LIMITATION DAMAGE TO PROPERTY AND INVASION OF PRIVACY. FURTHER, YOU AGREE TO TAKE NORMAL PRECAUTIONS WHEN MEETING OTHERS THROUGH THE LEGAL CONNECTION NETWORK. THE LEGAL CONNECTION NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PEOPLE YOU MEET OR WHO CONTACT YOU THROUGH YOUR USE OF THE WEBSITE AND SERVICES. YOU KNOWINGLY AND FREELY ASSUME ALL RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER CONDUCT OF THE OWNERS, AGENTS, OFFICERS, OR EMPLOYEES OF THE LEGAL CONNECTION NETWORK, OR BY ANY OTHER PERSON. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE LEGAL CONNECTION NETWORK AND ITS RESPECTIVE OWNERS, AGENTS, OFFICERS AND EMPLOYEES FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR OTHERWISE, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, WHICH MAY ARISE OUT OF YOUR USE OF THE WEBSITE AND SERVICES.
(b) YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER THE LEGAL CONNECTION NETWORK USERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER THE FEDERAL COMMUNICATIONS ACT OF 1996, THE LEGAL CONNECTION NETWORK IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE.
(c) NO WARRANTIES.
THE LEGAL CONNECTION NETWORK, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LEGAL CONNECTION NETWORK, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER THE LEGAL CONNECTION NETWORK NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER THE LEGAL CONNECTION NETWORK NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
(d) YOUR RESPONSIBILITY FOR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD THE LEGAL CONNECTION NETWORK OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(e) LIMITATION OF LIABILITY
THE LIABILITY OF THE LEGAL CONNECTION NETWORK AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LEGAL CONNECTION NETWORK OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO THE LEGAL CONNECTION NETWORK OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF THE LEGAL CONNECTION NETWORK AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL $250. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE LEGAL CONNECTION NETWORK AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND THE LEGAL CONNECTION NETWORK OR BETWEEN YOU AND ANY OF THE LEGAL CONNECTION NETWORK’S ITS LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THE LEGAL CONNECTION NETWORK’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
19. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other The Legal Connection Network policies, and with any applicable laws or regulations.
20. INDEMNITY BY YOU
Without limiting the indemnification provision provided in Section 18(a) herein, You agree to defend, indemnify and hold harmless The Legal Connection Network and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Industry Professionals (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to The Legal Connection Network or any of the Indemnified Parties of information or other data.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
21. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in San Francisco, California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and The Legal Connection Network arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in San Francisco, California unless You and The Legal Connection Network mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of California and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS’ fee) to the prevailing party, but not attorney’s fees.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude You or The Legal Connection Network from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or The Legal Connection Network from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
(a) By The Legal Connection Network
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE LEGAL CONNECTION NETWORK RESERVES THE RIGHT TO, IN THE LEGAL CONNECTION NETWORK’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) Automatic Termination Upon Breach By You
This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by The Legal Connection Network.
(c) By You
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to The Legal Connection Network notice of Your intention to do so, in the manner required by this Agreement.
(d) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, The Legal Connection Network may, but has no obligation to, in The Legal Connection Network’s sole discretion, delete from The Legal Connection Network’s systems all User Content, Your Personal Information and any other files or information that You made available to The Legal Connection Network or that otherwise relate to Your use of the Website or Services. Subsequent to termination, The Legal Connection Network reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
(e) Legal Action
If The Legal Connection Network, in The Legal Connection Network’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, The Legal Connection Network will be entitled to recover from You as part of such legal action, and You agree to pay, The Legal Connection Network’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The The Legal Connection Network Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 6-10, 13-21 and 23 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed The Legal Connection Network.
(a) Entire Agreement; Amendment
This Agreement constitutes the entire agreement between The Legal Connection Network and You concerning Your use of the Website. This Agreement and any other written agreements executed between You and The Legal Connection Network constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of The Legal Connection Network or by the unilateral amendment of this Agreement by The Legal Connection Network and by the posting by The Legal Connection Network of such amended version.
(b) Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of The Legal Connection Network. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You and The Legal Connection Network are independent Industry Professionals, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
(e) Third-Party Beneficiaries
Except for the The Legal Connection Network Parties as and to the extent set forth in Sections 13, 16, 18 and 23(e), and The Legal Connection Network’s licensors and suppliers as and to the extent expressly set forth in Section 20, there are no third-party beneficiaries to this Agreement.
(f) Irreparable Injury
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to The Legal Connection Network and The Legal Connection Network’s licensors and suppliers, and would therefore entitle The Legal Connection Network or The Legal Connection Network’s licensors or suppliers, as the case may be, to injunctive relief.
All notices required or permitted to be given under this Agreement must be in writing. The Legal Connection Network shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to The Legal Connection Network. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH THE LEGAL CONNECTION NETWORK IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY THE LEGAL CONNECTION NETWORK OF AN EMAIL TO THAT ADDRESS. You shall give any notice to The Legal Connection Network by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to Conectando Latinos Corporation, 4830 Mission Street, Ste 100, San Francisco CA 94112. All notices to The Legal Connection Network will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from The Legal Connection Network electronically satisfies any legal requirement that such notice be in writing.
24. EVENT CANCELLATION POLICY
Event Registrations are eligible for cancellation and refund of prepaid registration fees, videos are not. All cancellations must be received 48-hours prior to a class start time in order to receive a refund.
(a) Payment by Credit Card
To cancel a credit card registration, login and go to My Account, locate a class by booking number or title and click the Cancel button. Your VISA® or MasterCard® account will be credited. Please note: It is at the discretion of your credit card company as to how long it takes to process your credit. As a general rule, it may take from 2 to 10 business days to receive your credit.
(b) Payment by Check or Cash
To cancel a check or cash registration, go to the Contact link at the top right of any page; enter your contact information, and select “Webinar” from the “Regarding” drop-down list. In the Comments field indicate the date and title of the class, and state: “I am canceling this webinar.” We will contact you to issue the refund.
(c) Telephone cancellations cannot be accepted.
(d) Event Transfers
Transfer to another event is permitted, subject to space availability, and comparable registration fees. All transfers require pre-approval by the Training Coordinator. Please submit your request to: firstname.lastname@example.org