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Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. COMPANY HAS USED REASONABLE EFFORTS IN COLLECTING, PREPARING AND PROVIDING QUALITY INFORMATION AND MATERIAL, BUT MAKES NO WARRANTY OR GUARANTEE ABOUT THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE CONTENT OR OTHER INFORMATION CONTAINED IN OR LINKED TO THIS SITE OR ANY OTHER SITE MAINTAINED BY THE COMPANY. THE SITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. THE COMPANY AND ITS LICENSEES (INCLUDING THE CONSULTANTS UTILIZING THE SITE), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. 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(A) Independence of Consultants. The Consultants utilizing or featured on the Site are subscribers and licensees to the Site and not employees, service providers, or agents of the Company. Any opinions, advice, or information expressed by a Consultant utilizing or featured on the Site are of the professional and the professional alone. They do not reflect the opinions of the Company. Company does not recommend or endorse any Consultants, specific products, procedures, opinions, or other information that may be mentioned on the Company or by a licensee of the Company. Consultants may be licensed, certified, educated, employed by or have experience in only particular specialized areas. Company does not certify or credential Consultants or offer to do so, nor does it screen, perform background checks, confirm the qualifications, evaluate, or endorse any Consultant, other than as follows:
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(G) Use of Testimonials and Media Endorsements. The media hosts on the Site endorse Company as paid spokespeople in our advertising campaigns.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
In the unlikely event that the Company is unable to resolve your complaint to your satisfaction (or if Company has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court. In arbitration you may recover attorney's fees from us to the same extent or more as you would in court.
We encourage you to speak with independent counsel before using this Site or completing any purchase.
(A) For any dispute or claim arising between Company and you, both Company and you agree to arbitrate all disputes and claims before a single, individual arbitrator, and will not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another.
(B) The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to: claims arising out of or relating to any aspect of the relationship between Company and you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Company ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. These Terms evidence a transaction or Site use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(C) Any dispute must be initiated with the AAA within one year of occurrence or to the maximum extent permitted by law. In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, a party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). A Notice to Company should be addressed to:
Notice of Dispute, Suzanne Natbony, Esq., Counsel to
LawTake, a DBA of Think Do It, LLC
2491 Purdue Ave., Suite 221
Los Angeles, CA 90064
If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
You may download or copy a form to initiate arbitration from the AAA Site at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. (There is a separate form for California residents, also available on the AAA's Site at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)
(D) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Company. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Company was a party. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator will have the right to award attorney’s fees to the prevailing party. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(E) If you would be entitled to an attorney’s fees under applicable law the arbitrator may award you that amount. You may not recover duplicative awards of attorney's fees or costs.
(F) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Company AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator will not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Notwithstanding the foregoing, both parties hereby waive the right to appeal any arbitration award other than an award providing injunctive relief. The arbitrator will not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. As in the rest of this agreement, if one part of this arbitration agreement is found to be invalid, the invalid provision will be severed from the rest of this arbitration clause and agreement and the rest of this clause and agreement will be valid.
(G) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, must be kept strictly confidential, to the maximum extent permitted by law, other than as part of an appeal to a court of competent jurisdiction.
(H) The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
You will resolve any claim, cause of action or dispute you have with Company arising out of or relating to this Statement or Company exclusively in Los Angeles County in the state of California.
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Include all Company trademarks. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
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You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF THE VIDEO OR SERVICE. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF THE VIDEO OR SERVICE, TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE SITES. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.
Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk. The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Company service, including the Company Site and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Company service. Furthermore, by posting any Feedback on the Sites, submitting Feedback to Company, or in responding to questionnaires, you grant Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Company does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Company. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Company and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
If you would like to submit a full script, script idea, or other idea and would like to receive compensation for that submission, please first contact Company to ensure your rights are adequately protected.
When accessing the Site or using any Service offered by Company, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Company user account.
Company has adopted a policy that provides for the immediate removal of any content, articles, or materials that have infringed on the rights of Company or of a third party or that violate intellectual property rights generally. Company's policy is to remove such infringing content or materials and investigate such allegations immediately.
LawTake (“Company”) supports the protection of intellectual property and asks their users to do the same. It is our policy to promptly respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website, https://www.copyright.gov.
It is the policy of Company to terminate any Site or Service user who is found to have infringed the rights of Company or a Third Party, or otherwise violated any intellectual laws or regulations, including repeat infringers. Company will act promptly upon receipt of clear and proper notices of alleged copyright infringement to remove or disable access to the allegedly infringing content.
To report content on Company that you have evidence, know, or believe in good faith that your right have been violated or infringes your copyright and you want the Company to delete, edit or disable the content in question, you must provide notification to Company with the following information in writing and send the information to our designated agent at the address below (see 17U.S.C 512(c)(3):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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 the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider 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.
(v) 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.
(vi) 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 owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
2491 Purdue Ave Suite 221
Los Angeles, CA 90064
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(iv) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
When accessing the Site or using Company's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages 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 (iii) advertises or otherwise solicits funds or is a solicitation for goods or services.
You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose
BY USING COMPANY'S SERVICES OR ACCESSING THE COMPANY SITE OR SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO COMPANY VIA THE COMPANY SITE OR SERVICES CONSTITUTES AN INQUIRY TO COMPANY, AND THAT COMPANY MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).