By using the Sites (collectively the "Sites" or “Site”) or any applications, application plug-ins, downloadable content, streaming content, or any other services offered through the Sites ("Services") of LawTake, a DBA of Think Do It, (“Company”), a Delaware limited liability company, you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, and Application user. "We", "us" and "our" refers to LawTake, a DBA of Think Do It, LLC. The Site contains text, pictures, graphics, logos, videos, downloadable documents, button items, sounds, images, works of authorship, and other content (collectively with all information and material about the Company, ("Content"). The Site provides online educational information and educational and legal services by third party authors, developers and vendors, which includes, lawyers licensed to practice in a variety of jurisdictions, juris doctors and other professionals working in the legal field (collectively, “Consultants”) and ratings, reviews, comments, and other content (the "User Content").
It is your responsibility to review these Terms of Use periodically. Company reserves the right to change, revise or modify the Terms at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective upon the earlier of the agreement of the User or thirty (30) days after notice to the existing User either via email from info@lawtake.com or another Site email address to your email address on file with Company or via other means including but not limited to a banner, message, or other conspicuous notice on the Site. You agree to make any and all necessary arrangements so that you receive all emails from these email addresses. You agree that it is your responsibility to ensure that your email is configured to properly receive emails from Company email addresses including, but not limited to, ensuring that your spam filter is not filtering out Company emails, that you are regularly checking the email address on file with Company, and other measures as may be necessary to ensure you receive notice by email. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Service.
(A) Personal Use. The Site and Services are made available for your personal use on your own behalf.
(B) Children. Minors are not eligible to use the Site or Services and we ask that they do not submit any personal information to us. By using the Site and Services you warrant that you are at least 18 years of age, legally authorized to access the Site or Services, and you are legally able to enter into a contract.
Please also refer to Company’s Privacy Policy, which is incorporated herein by reference.
Company provides an online legal portal to give visitors a general understanding of the law and to provide an automated video content and software solution to individuals who choose to prepare their own legal documents. Customers need not download or even license Company’s software. The Site includes general information on commonly encountered legal issues.
Through the Site you may find various advertising by attorneys. Upon clicking any referral link, be it through the Site or through advertisement, you will be directed to a website outside of the purview of this agreement and not under the control of Company. Your activity on any website other than one of the Sites owned and/or operated by Company will not form any new or modify any existing relationship with Company.
When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Company immediately of any unauthorized use of your account, user name or password through emailing lawyer@lawtake.com
When using certain Company products or services, you may be asked to provide personal information in a questionnaire, application, form, or similar document or service. This information will be protected pursuant to our Privacy Policy.
THIS SITE PROVIDES USERS WITH ONLINE ACCESS TO EDUCATIONAL ADVICE AND OTHER INFORMATION FROM COMPANY AND CONSULTANTS. CONTENT AND OTHER INFORMATION CONTAINED ON THIS SITE HAS BEEN PREPARED BY THE COMPANY AND CONSULTANTS AS A CONVENIENCE TO ITS USERS. Company strives to keep its legal documents and videos accurate, current and up-to-date. However, because the law changes rapidly, Company cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Company provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. 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. THE COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS- FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY ACTION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR THROUGH THE COMPANY OR ITS LICENSEES (INCLUDING CONSULTANTS UTILIZING THE SITE). THE COMPANY IS NOT LIABLE FOR UNFAIR BUSINESS PRACTICES. COMPANY MAKES NO WARRANTY THAT: (i) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR THE CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE CONTENT WILL MEET YOUR EXPECTATIONS. AT NO TIME WILL COMPANY, ITS AGENTS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR ASSIGNEES REVIEW USER CONTENT FOR LEGAL SUFFICIENCY, DRAW LEGAL CONCLUSIONS, PROVIDE LEGAL ADVICE, OPINIONS OR RECOMMENDATIONS ABOUT YOUR LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS, OR STRATEGIES, OR APPLY THE LAW TO THE FACTS OF YOUR PARTICULAR SITUATION. COMPANY IS NOT A LAW FIRM AND MAY NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY. THE CONTENTS OF THE SITE, INCLUDING VIDEOS AND FORMS, ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF AN ATTORNEY AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. IT IS LEGAL INFORMATION THAT APPLIES IN A GENERAL SENSE. LAWS MAY VARY DEPENDING ON THE JURISDICTION. NO ATTORNEY-CLIENT RELATIONSHIP IS OR WILL BE FORMED BETWEEN YOU AND COMPANY, AND INFORMATION YOU PROVIDE TO COMPANY THROUGH ITS SITE OR ANY COMPANY REPRESENTATIVE MAY NOT BE CONSIDERED CONFIDENTIAL OR PRIVILEGED. LEGAL INFORMATION BY ITSELF MAY BE INSUFFICIENT TO RESOLVE LEGAL PROBLEMS BECAUSE IT IS NOT TAILORED TO YOUR PARTICULAR FACTS AND CIRCUMSTANCES. COMPANY IS NOT AN ATTORNEY REFERRAL SERVICE. ALL OPINIONS AND STATEMENTS EXPRESSED BY A USER ON THIS SITE AND DURING ANY CONSULTATION OR COMMUNICATION FACILITATED THROUGH THIS SITE ARE SOLELY THE INDIVIDUAL AND INDEPENDENT OPINIONS AND STATEMENTS OF THE CONSULTANT OR USER AND DO NOT REFLECT THE OPINIONS OF COMPANY, ITS AFFILIATES OR ANY OTHER ORGANIZATIONS OR INSTITUTIONS TO WHICH SUCH CONSULTANT IS AFFILIATED OR PROVIDES SERVICES. ANY REVIEW OR OTHER MATTER THAT COULD BE REGARDED AS A TESTIMONIAL OR ENDORSEMENT BY ANY SUCH PERSON DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE OUTCOME OF ANY COMMUNICATION. THE COMPANY DISCLAIMS RESPONSIBILITY FOR THE ACCURACY OF ANY INFORMATION POSTED BY USERS OR CONSULTANTS. USERS RELYING ON CONTENT OR ANY OTHER INFORMATION FROM THIS SITE OR ANY CONSULTANTS THAT UTILIZE THE COMPANY OR ITS PLATFORMS (WHETHER INFORMATIONAL/EDUCATIONAL, OR LEGAL FROM ANY INTERACTION FROM CONSULTANTS) DO SO AT THEIR OWN RISK. OBTAINING ANY CONTENT THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMPANY WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, CONTENT, INFORMATION OR SOFTWARE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT. YOUR USE OF THIS SITE IS DISTINGUISHED FROM ANY COMMUNICATIONS THAT OCCUR BETWEEN CONSULTANTS AND USERS OUTSIDE OF THIS SITE. THOSE COMMUNICATIONS, AND THE PRIVACY AND SECURITY THEREOF, ARE THE SOLE RESPONSIBILITY OF THE CONSULTANT IN QUESTION. ALL EDUCATIONAL INFORMATION PROVIDED ON THE SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY THE COMPANY, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL COMMUNICATIONS BETWEEN CONSULTANTS UTILIZING THE SITE AND CONSUMERS, IS INTENDED TO BE FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT LABEL OR PACKAGING. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES CAUSED BY ANY PRODUCTS OR DEVICES SOLD OR OFFERED OR SUGGESTED ON THE SITE. FOR ANY PRODUCTS OR DEVICES PURCHASED FROM THE SITES OR RECOMMENDED BY IT, YOU SHOULD READ CAREFULLY ALL PRODUCT PACKAGING AND INSTRUCTIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR URGENT HEALTH CARE NEED, IMMEDIATELY CALL YOUR HEALTH CARE PROVIDER OR DIAL 911. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. We encourage you to reach out for help, and hope that your matter is resolved in a manner that is best for all parties involved. A list of crisis help lines and service providers can be found in your phone book, or contact any of the organizations listed below:
- National Suicide Hotline 800-273-TALK (800-273-8255)
- National Domestic Violence Hotline 800-799-SAFE (800-799-7233)
- National Child Abuse Hotline 800-4-A-CHILD (800-422-4453)
- National Mental Health Association Information Center: nmha.org
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YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH WILL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE ABOVE, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEB SITE.
Company will not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Company, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. It is your responsibility to ensure no one else is using your account.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages (indirect, punitive, special, incidental, consequential, however arises), settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) relating to or arising from AN ACTION OF CONTRACT, NEGLIGENCE, FRAUD, OR OTHER TORTIOUS ACTION, this Site, your use of this Site, violation of law, or willful misconduct, and any breach by you of these Terms of Use, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE COMPANY ARBITRATION AGREEMENT CONTAINED IN THESE TERMS OF USE. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
(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:
The Site contains mere advertisements and a directory and does not certify or credential practitioners and will not be liable for certifying or credentialing practitioners. You understand that it is your responsibility to check the certification and/or licensing of the Consultant with applicable state licensing Board or authorities in the Consultant’s state. Company cannot guarantee that any given Consultant will be licensed to practice in your state, or in the state in which you reside during any session. Company’s role is strictly limited to providing access to Consultants for your consideration. You assume all risk of pursuing any course of action following receipt of information by a Consultant.
The inclusion of Consultants on the Site or in any professional directory located on the Site does not imply recommendation, referral or endorsement of such Consultant nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Consultant contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same. Company makes no claims regarding products or services, and has not evaluated the skills and abilities of the Consultants and makes no recommendation or endorsement of them.
(B) Ownership. This Site is owned and operated by Company. All right, title and interest in and to the Content provided on this Site is owned by Company. Except as otherwise expressly provided by Company, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or any of our Services will be construed to confer any license under any of Company’s intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Company does not sell, license, lease or otherwise provide any of the Content other than those specifically identified as being provided by Company. Any rights not expressly granted herein are reserved by Company.
You grant Company a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Company at any time by removing your personal information from the applicable service.
(C) Limited Permission to Download. You agree not to download or otherwise cause to be saved as redistributable media any content provided by Company to you as “streaming content.” The term “streaming content” as used herein will mean any transmission of data over the internet that is provided by being partially downloading and then played as the remainder of the file is being downloaded. You agree not to circumvent, disable, or otherwise interfere with security related features of the Services or Content that are intended to prevent or restrict the unauthorized copying of any streaming content.
Where there is an explicit link to download content, even where that content may also fall under the definition of “streaming content,” Company hereby grants you permission to download, view, copy, and print the Content on any single, stand-alone computer solely for your personal, informational, non-commercial use (except as provided in the “License to Use” section, below) provided that (i) where provided, the copyright and trademark notices appearing on any Content not be altered or removed, (ii) the Content are not used on any other Site or in a networked computer environment and (iii) the Content are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Content related to the breach, unless doing so would violate rules pertaining to data destruction for purposes of litigation.
Any unauthorized use of any Content contained on this Site or Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
(D) License to Use. Company grants you a limited, personal, non-exclusive, non-transferable license to use our forms, our Content, and our Services for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You will not remove any copyright notice from any Form.
(E) Resale Prohibited. By ordering or downloading any material from the Sites, you agree that the material you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Company.
(F) Links to Third Party Sites. This Site and other Content may contain links to Sites controlled by parties other than Company (each a "Third Party Site"). Company works with a number of partners and affiliates whose sites are linked with Company. Company may also provide links to other citations or resources with whom it is not affiliated. Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Site accessed from a Third Party Site or any changes or updates to such sites. Company makes no guarantees about the content or quality of the products or services provided by such sites. Company is not responsible for any form of transmission received from any Third Party Site.
Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Third Party Site, nor does it guarantee that Company sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
(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.
Arbitration Agreement:
(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.
By using this Site or any Services, you expressly agree that your rights and obligations will be governed by and interpreted in accordance with the laws of the State of California, county of Los Angeles, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, any Services, or Content is governed by the Arbitration Agreement contained in these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which will not apply to any transaction conducted through or otherwise involving this Site or an Application.
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.
Some Company Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©,Think Do It, LLC. ALL RIGHTS RESERVED.
Include all Company trademarks. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
At various locations on the Site or through Services, Company may permit visitors to post ratings, reviews, comments, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
Company is not the publisher or author of the User Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Company takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us for help.
If Company's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Company reserves the right to delete those files or to stop those processes. If the Company technical staff suspects a user name is being used by someone who is not authorized by the proper user, Company may temporarily disable that user's access in order to preserve system security. In all such cases, Company will contact the member as soon as feasible.
Company has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Company reserves the right to refuse service to anyone and to cancel user access at any time.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure the Company, we may stop providing all or part of the Site or Services to you. We will notify you by email or at the next time you attempt to access your account. You may delete your account at any time. will
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Company service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content: that is known by you to be false, inaccurate or misleading; that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below; that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below; that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below; that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party; that includes information that references other Sites, addresses, email addresses, phone numbers, or other contact information; that contains any computer virus, worms, or other potentially damaging computer programs or files; that otherwise violates these Terms of Use.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
Company does not claim ownership of any Content that you post on or through the Site or through any Service. Instead, you hereby grant to Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy. You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
You grant Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
Ratings and reviews will generally be posted in two to four business days. We permit you to post reviews of Videos or and other Services available through the Sites. Though we are thoroughly committed to not rejecting a review solely on the basis of it being negative, we do reserve the right to reject, remove or edit such content at any time without notice.
Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the Video or Service’s creative personnel; misleading information regarding the origin of the content; or a discussion of Company’s policies or services.
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.
Copyright Infringement:
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:
Copyright Agent
c/o LawTake
2491 Purdue Ave Suite 221
Los Angeles, CA 90064
info@lawtake.com
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.
Company reserves the right to terminate or delete such material from its servers. Company will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
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).
Clicking on the “Accept” button constitutes your electronic signature and assent to and acceptance of these Terms of Use; in addition, by using this Site, you agree to these Terms of Use.
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