PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CLASSADVOCATE.COM.
This site and all content, information and services accessible through it ("ClassAdvocate.com")
is made available by Class Advocate and may be used only under the following terms and conditions.
BY ACCESSING AND USING CLASSADVOCATE.COM, YOU ("User") AGREE TO BE LEGALLY BOUND BY THE
TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement"). If User is accessing and using
this website on behalf of any group or entity, User warrants that it has all necessary
authority to enter into this Agreement. If at any time User does not agree to be bound
by the terms and conditions of this Agreement then User must cease using ClassAdvocate.com immediately.
- Grant. User is granted a non-exclusive, non-transferable, revocable, limited
license to access and use ClassAdvocate.com on any single computer for personal,
non-commercial use. Class Advocate may terminate this license without notice at any
time and for any, or no, reason.
- Limitations. User may not copy, download, store, publish, transmit, transfer, sell,
sublicense or otherwise use ClassAdvocate.com, or any portion thereof, in any form or
by any means, except (i) as expressly permitted by this Agreement, (ii) the prior written permission
of Class Advocate, or (iii) if not expressly prohibited by this Agreement, as allowed
under the fair use provision of the Copyright Act (17 U.S.C. § 107). User may not alter or
modify information and services provided through ClassAdvocate.com in any way. User may not
reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or
architecture of the components of ClassAdvocate.com, or any information about usage or users.
User may not use any robot, spider, other automatic device, or manual process to access,
monitor or copy ClassAdvocate.com without the prior written permission of Class Advocate.
- Intellectual Property Rights. Unless otherwise explicitly noted, all elements of ClassAdvocate.com
including, but not limited to, text, articles, logos, trademarks, graphics and overall "look and feel"
are the property of Class Advocate. Nothing herein shall be construed to confer any license or right,
by implication, estoppel or otherwise, under copyright or other intellectual property rights either now
or in the future. User acknowledges that ClassAdvocate.com is protected by copyrights, trademarks,
service marks, patents and other proprietary rights and laws.
- Registration. Certain sections of ClassAdvocate.com require registration to access and use information
and services. If User elects to register, User agrees to provide Class Advocate with accurate, complete
registration information. User will inform Class Advocate of any changes to registration information.
User warrants that registration is for a single person only, and that User will not permit anyone other
than User to access and use sections of ClassAdvocate.com requiring registration using User's name and password.
User will not access or use ClassAdvocate.com under the User name of another individual. User is
responsible for all access to and use of ClassAdvocate.com through User's name and password, including
access of any services the use of which results in monetary charges to User, whether or not User has
knowledge of or authorizes such access and use. User will notify Class Advocate immediately of any
unauthorized use of User's name and password, if User suspects the privacy of User's name and password
has been jeopardized, or if User believes that another individual has fraudulently represented themselves
as the User or as being associated with User or User's organization.
- Publication and Use of Interactive Services.
- Grant of License. By publishing, uploading, submitting or distributing any messages, data, information,
text, graphics, links, or other materials ("Posted Materials") to ClassAdvocate.com, including messages
posted on message boards and materials published in directories on ClassAdvocate.com, User automatically
grants, or warrants that the owner of the following rights has expressly granted, to Class Advocate, a
perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Materials,
and incorporate Posted Materials into any medium or technology, now known or later developed.
- Lawful Use Only. User will not publish, upload, submit or distribute any Posted Materials on
ClassAdvocate.com which are unlawful, deceptive, misleading, or abusive in any way, including but not
limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, indecent,
invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense,
violate the rights of any party, contain any corrupted data or malicious code that may impair or alter the
appearance or functionality of ClassAdvocate.com, or give rise to liability or violate any local, state,
federal or international law or regulation, or the rules of any securities exchange such as the
New York Stock Exchange or NASDAQ, either intentionally or unintentionally. Class Advocate may delete any
of User's Posted Materials at any time, without prior notice or User's permission and at the sole discretion
of Class Advocate.
- Posted Materials Attributed & Truthful. On certain sections of ClassAdvocate.com, Posted Materials
submitted for publication on ClassAdvocate.com will be accompanied by a link to User’s web site and shall
not be submitted anonymously. User warrants that such Posted Materials will not misrepresent or obscure his
or her identity or affiliation with any person or entity. Furthermore,
- No Class Advocate Obligation to Monitor. Class Advocate has no obligation or intent to edit, monitor or
screen Posted Materials and is not responsible for the content in, or linked to or from, Posted Materials.
Class Advocate may, and retains the right to, examine ClassAdvocate.com for adherence to the Agreement and
remove any materials that may be objectionable, violate the Agreement, or law, but expressly disclaims any
and all warranties or representations that it will do so in any specific instance. By using ClassAdvocate.com,
User acknowledges and agrees that Class Advocate is under no obligation to monitor, edit, or remove any
Posted Materials solely upon User's insistence.
- Attorney-Client Relationship & Confidentiality. User acknowledges that no attorney-client relationship is,
or will be, formed between the User and Class Advocate, and that User has no expectation of privacy or
confidentiality of communications occurring through Interactive Services. The hiring of an attorney is a
critical decision and should not be predicated solely on comments, recommendations, advertisements, or other
Posted Materials contained on ClassAdvocate.com or any other website.
- User Attorney Ethics & Practice of Law. If User is an attorney participating in any aspect of ClassAdvocate.com,
including but not limited to Interactive Services, User acknowledges that the Rules or Codes of Professional
Conduct ("Rules") of the jurisdictions in which User is licensed apply to all aspects of User's participation
and that User will abide by such Rules. Class Advocate disclaims all responsibility for User's compliance with
these rules. User warrants that Interactive Services will be used to provide general information only, and not
for the provision of legal advice or the practice of law.
- No Legal Advice or Practice of Law. ClassAdvocate.com provides information on law and legal topics and is
designed for informational purposes only. User acknowledges that under no circumstances is Class Advocate,
its agents, affiliates or customers, providing legal advice or representation through ClassAdvocate.com, and
that nothing on ClassAdvocate.com is intended as a substitute for legal advice from an attorney.
- No Endorsement of Lawyers. Class Advocate does not select, approve, or otherwise endorse any particular
attorney, law firm, or provider of legal services on ClassAdvocate.com. Any and all Posted Materials are
from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and are
difficult or impossible to verify. Therefore, Class Advocate expressly disclaims any representation or
warranty that such Posted Materials are correct or reliable. UNDER NO CIRCUMSTANCE SHALL Class Advocate
HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH CLASSADVOCATE.COM.
SUCH RELIANCE SHALL BE SOLELY AT USER'S OWN RISK.
- Third Party Content. Third party content, messages and services may appear on ClassAdvocate.com or may be
accessible through links from ClassAdvocate.com. Class Advocate is not responsible, and assumes no liability,
for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the
statements, opinions, representations or any other form of content contained in any third party content appearing
on or accessible from ClassAdvocate.com. User acknowledges that the information and opinions in the third party
content are neither endorsed or controlled by, nor reflect the beliefs of, Class Advocate.
- Advertisers & Sponsors. User acknowledges that ClassAdvocate.com may contain advertising and sponsorships and
that Posted Materials may also be considered advertisements. Advertisers and sponsors are solely responsible for
ensuring that material submitted for use on ClassAdvocate.com are accurate and complies with any and all applicable
laws. User agrees that Class Advocate will not be responsible for the illegality or any error or inaccuracy in
advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.
- DISCLAIMER OF WARRANTIES. CLASSADVOCATE.COM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. Class Advocate DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. Class Advocate MAKES NO WARRANTY
THAT ACCESS TO CLASSADVOCATE.COM OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR
THAT DEFECTS WILL BE CORRECTED. Class Advocate DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF
CLASSADVOCATE.COM, INCLUDING BOTH Class Advocate AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH
CLASSADVOCATE.COM, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS
IN CLASSADVOCATE.COM, (C) THE UNAVAILABILITY OF CLASSADVOCATE.COM OR ANY PORTION THEREOF, OR (D) USER'S USE OF
EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF CLASSADVOCATE.COM.
- LIMITATION OF LIABILITY. USER'S EXCLUSIVE REMEDY AND Class Advocate’S, ITS AFFILIATES AND/OR CONTRIBUTORS'
ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF CLASSADVOCATE.COM
WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED
TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC CLASSADVOCATE.COM FEATURE WHICH IS THE
BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL
Class Advocate, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM RELATING IN ANY WAY TO
(A) USER'S INABILITY OR FAILURE TO USE CLASSADVOCATE.COM PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY
Class Advocate, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON
CLASSADVOCATE.COM DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS UNDER THIS AGREEMENT OR
USE OF, OR INABILITY TO USE CLASSADVOCATE.COM, EVEN IF Class Advocate, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Class Advocate SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR
ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
- Indemnification. User agrees to defend, indemnify, and hold Class Advocate, its affiliates, contractors, suppliers,
directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities
(including but not limited to reasonable attorney's fees) made by any third party and arising from any content
User posts, submits, transmits or otherwise makes available through ClassAdvocate.com, User's violation of the
terms and conditions of this Agreement, or the violation of the intellectual property rights of any third party.
- Limitation of Claims. Except for claims relating to improper use of ClassAdvocate.com, no claim, regardless
of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this
Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
its sole discretion. Updated versions of the Terms and Conditions of Use will appear on ClassAdvocate.com and
become the effective Agreement immediately upon publication. User is responsible for regularly reviewing the
Terms and Conditions of Use. Continued use of ClassAdvocate.com by User after any such modification of this
Agreement constitutes User's assent to such modifications.
- Entire Agreement. This Agreement embodies the entire understanding between User and Class Advocate with respect
to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written,
relating to the subject matter.
- Force Majeure. Class Advocate’s performance under these Terms and Conditions of use are subject to interruption
and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other
hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor
dispute, inability to obtain necessary supplies and the like.
- Assignment. Class Advocate may assign its rights and obligations under this Agreement to third parties without
prior consent of User.
- General Provisions. This Agreement will be governed by and construed under the law of the state of Wyoming, U.S.A.
without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in
Wyoming will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents
to the exclusive jurisdiction of such courts. Should any provision of this Agreement be held to be void,
invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not
be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be
construed as a waiver of such provision or of the right to enforce such provision. The headings and captions
contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.