PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS BEFORE USING, REGISTERING IN, OR VIEWING LEGALCLIMATE.COM.
These Terms and Conditions of Use govern your use of this website, its content and all other Legal Climate, LLC affiliated sites and content. YOUR AFFIRMATIVE ACT OF USING LEGAL CLIMATE.COM SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE PRIVACY POLICY, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES, IF ANY, AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE LEGALCLIMATE.COM.
Information displayed on LEGAL CLIMATE .COM and any of its associated websites is for general informational purposes only, and is not legal advice. Posts and surveys made on these websites are opinions or suggestions of users and are not representations, opinions or suggestions of Legal Climate, LLC. We make no endorsements or recommendations of any attorney, judge, expert, or organization. LEGALCLIMATE.COM does NOT represent or warrant, and makes no claims, promises or guarantees about, the usefulness, completeness, adequacy or accuracy of any information, posts, surveys, topics, comments, blogs or responses contained in or linked to this website, or the competency, qualifications or identity of any person providing information or making a post, survey, topic, comment, blog or response contained in or linked to these websites. LegalClimate, LLC assumes NO liability, and expressly disclaims any and all responsibility, for the content of all posts, surveys, topics, comments, blogs or responses. LegalClimate, LLC does not monitor, pre-screen or moderate posts, surveys, topics, comments, blogs or responses.
Legal Climate, LLC has the right to change, modify, add, or delete portions of these terms and conditions of use at any time, at its sole discretion. Updated versions of these terms and conditions of use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions. Continued use of the Website after any such changes constitutes your consent to such changes.
The views, opinions, analyses, conclusions, and recommendations of non-LegalClimate, LLC third-party content providers to this website are solely and exclusively those of such users, and do not necessarily express those of Legal Climate, LLC. Polls, surveys and voting on this website are not scientific and reflect the opinions of only those who have chosen to participate. They do not represent the opinions of Legal Climate, LLC or the users as a whole. Notwithstanding anything contained herein, all surveys, posts, replies, comments, blogs, polls and voting results are to be considered mere opinions, and are not to be viewed as statements of fact or legal advice.
You acknowledge that with respect to any content posted to a Legal Climate, LLC site by third parties, Legal Climate, LLC acts solely as a provider of “interactive computer service” within the meaning of Section 230 of the Communications Decency Act of 1996 (“CDA”), and is therefore protected from claims arising out of such content by the immunities granted by this Act. You agree that we are not liable for content that is provided by others.
You further acknowledge that Legal Climate, LLC does not pre-screen, monitor or moderate the content posted by users, and has no duty to do so. However, Legal Climate, LLC and its agents have the right in their sole discretion to remove any content for any reason whatsoever, including but not limited to, the failure to comply with these terms and conditions or Legal Climate, LLC’s Rules and Guidelines, or because it is otherwise considered harmful, objectionable, or inaccurate. Legal Climate, LLC and its agents may suspend or ban users posting such content at any time without notice, but Legal Climate, LLC shall not have the duty, obligation or responsibility to do so nor shall any suspension, removal, ban or edit of any user or user content create such a duty, obligation or responsibility. Nor shall any suspension, removal, ban or edit of any user or user content be considered: 1) an acknowledgement or admission that the content fails to comply with these terms and conditions or Legal Climate, LLC’s Rules and Guidelines, 2) an acknowledgement or admission that the content is harmful, objectionable, or inaccurate, or 3) a waiver of any term or condition, or rule or guideline, of Legal Climate, LLC or any of its websites. Legal Climate, LLC is not responsible for any failure or delay in suspending removing, banning or editing any content.
The use of any Legal Climate, LLC material on LEGAL CLIMATE.COM on any other Website or computer environment is prohibited. All materials contained in LEGALCLIMATE.COM are the copyrighted property of Legal Climate, LLC, or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to Legal Climate, LLC, or its affiliates or licensees. No material from LEGALCLIMATE.COM or any other Internet site owned, operated, licensed, or controlled by Legal Climate, LLC may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
We do not accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any original creative materials, suggestions, or materials (unless specifically requested by us).
By posting any content on LEGALCLIMATE.COM, you acknowledge and agree that you thereby grant to Legal Climate, LLC a perpetual, royalty-free, irrevocable, and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed for any purpose, including, without limitation, advertising and promotion, and that you thereby waive all "moral rights" with respect to the posted content.
If, through participation in certain activities, you send any material (e.g., postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
If you participate in any way whatsoever within LEGALCLIMATE.COM, including, but not limited to, participation in any comment form, grading, blog, poll or survey, you agree to follow all of our terms and conditions set forth herein, and all of our Rules and Guidelines.
You acknowledge that anything you submit to LEGALCLIMATE.COM or Legal Climate, LLC by way of any comment, grade, or blog is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. We specifically disclaim responsibility for such third parties' usage of any information posted to the website.
Users or visitors shall remain solely responsible for the content of the text they post on the website. We are not responsible for the content or opinions posted or sent by users in any form. You take responsibility for your postings and use the information provided in the comment forms at your own risk. We reserve the right to remove or edit content posted by you for any reason although we have no duty to do so.
When you are on LEGALCLIMATE.COM, you could be directed to other sites that are beyond our control. By clicking on links to other sites, you acknowledge that Legal Climate, LLC is not responsible for those sites. We reserve the right to disable links from third-party sites to any Legal Climate, LLC site, although we are under no obligation to do so.
THE MATERIALS IN THE LEGAL CLIMATE, LLC WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY LEGAL CLIMATE, LLC SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY LEGAL CLIMATE, LLC SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY LEGAL CLIMATE, LLC SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LEGAL CLIMATE, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY LEGAL CLIMATE, LLC SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LEGAL CLIMATE, LLC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF A LEGAL CLIMATE, LLC SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARTE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS LEGAL CLIMATE, LLC’S LIABILITY OR YOUR REMEDIES.
LegalClimate, LLC is a Louisiana limited liability company. Those who choose to access the Legal Climate, LLC website (legalclimate.com) do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
It is not Legal Climate, LLC’s intention that its services or facilities be used in contravention of the Communications Decency Act of 1996 (the “CDA”) or any other applicable law. As required by the Communications Decency Act of 1996, Legal Climate, LLC hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Legal Climate, LLC does not sponsor or endorse any of these companies or their services.
We may immediately terminate these terms of use with respect to you (including your access to any and all Legal Climate, LLC sites) without cause and without notice to you in our sole discretion. Upon termination by either party, you agree to and must cease using and/or viewing all Legal Climate, LLC sites and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.
These terms of use shall be governed by and construed in accordance with the laws of the State of Louisiana and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Gretna, Louisiana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be sent to the following designated agent: David D. Kevin, Jr.
Full Address of Designated Agent to Which Notification Should be Sent:
David D. Kervin, Jr.
Attorney at Law
709
Joseph Street
New Orleans, LA 70115
Visit: Kervin Law Firm
United States of America
Telephone Number of Designated Agent: 504-957-8571Facsimile Number of Designated Agent: 504-895-5384
E-Mail Address of Designated Agent: admin@legalclimate.com
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the onwer of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on LegalClimate.com, electronic mail, or by written communication sent by first-class mail to a user's address in our records.
This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this agreement will be effective only if in writing and signed by Legal Climate, LLC