LITISCAPE.NET TERMS OF SERVICE
Site Ownership; “Use.”
Litiscape.net (the “Website”) is owned and operated by Litiscape, L.L.C., a Florida limited liability company (“Management”).
Management reserves the right to change these Terms of Service (“TOS”) at any time, and the Use of the Website by any person or entity (a “User”) is subject to the current TOS as published at https://litiscape.net. “Use” is defined as any one or more of: visiting or browsing the Website; or registering with and/or posting any content to/on the Website.
Agreement; Choice of Law; Venue.
By accessing the Website, all Users agree to be bound by these TOS and that they are solely responsible for compliance with any applicable federal, state or local laws of the jurisdiction in which the Website is accessed. The Website should not be Used if any of these TOS are objectionable. Any claim relating to the Use of the Website shall be governed by the laws of the state of Florida and of the United States, and venue for any litigation (including bankruptcy/insolvency/assignments for the benefit of creditors) arising therefrom shall only be within the state and federal courts of Miami-Dade County, Florida. The prevailing party in any litigation arising out of the Use of the Website shall be entitled to an award of attorneys’ fees and costs incurred throughout all proceedings, including appellate and bankruptcy/insolvency/assignments for the benefit of creditors.
Site Etiquette.
The Website is intended to be a platform for the exchange of ideas pertaining to ongoing and historical litigation as well as litigation strategy. Litigation is inherently adversarial, and discussion about the subject can generate strong, opposing opinions. Management encourages such discussion subject to certain unwavering constraints. All Users must refrain from personal attacks against other Users or any lawyers, judges or clients/litigants being discussed on the Website. Arguments, rulings or legal opinions may be condemned; the people and entities involved may not be.
All Users must refrain from posting to/sending through the Website material (whether text, images, audio and/or video) which, using an objectively reasonable standard, may be considered pornographic, racist, sexist, homophobic, anti-Semitic, libelous, defamatory, or which can otherwise be classified as hate speech (“Inappropriate Content”). Management has sole and absolute discretion to determine whether User-posted material may be classified as Inappropriate Content, which shall be subject to immediate removal from the Website and will result in suspension, banning or other curtailment of User privileges for those responsible.
Use of the Website to impersonate another person or entity, or to misrepresent that a User has authorization to act on behalf of Management or any other party, is strictly prohibited. Notwithstanding the foregoing, nothing within these TOS shall be construed as prohibiting Users from accessing the Website via pseudonym, i.e., registering with and posting to/messaging through the Website via arbitrary User name intended to preserve the anonymity of the User. All topics, posts or messages transmitted by a User to or through the Website should correctly identify such User as the sender.
Any attempt to alter the system configuration of the Website, to breach the security of its network, to gain unauthorized access to other Users’ accounts or email accounts, or any other attempt at hacking or otherwise circumventing the Website’s security, is strictly prohibited and will result in the immediate cancellation of all User privileges and the possibility of criminal charges and/or civil claims against those responsible.
No Attorney/Client Relationship; Disclaimer and Limitation of Liability.
All Use of the Website shall be at the User’s sole risk, and no attorney/client relationship with Management shall arise from any Use of the Website. Although Users will be free to communicate directly with any fellow Users, any agreements between Users for the provision of legal services shall be strictly private arrangements between such Users and Management shall not have any responsibility or liability arising therefrom.
THE INFORMATION, PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE AND ANY THIRD PARTY SITES ADVERTISED THEREUPON ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MANAGEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MANAGEMENT OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER RELATING TO OR DISCUSSED UPON THE WEBSITE; (B) ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE WEBSITE; OR (D) UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF INFORMATION ON OR THROUGH THE WEBSITE. MANAGEMENT DOES NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In no event shall Management or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the Use of or inability to Use the Website even if Management has been notified of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access or alteration, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, arising out of or in any way related to the Website’s Use.
Management does not warrant or make any representations regarding the correctness, accuracy, timeliness, reliability or otherwise, of any information exchanged, discussed, posted or disseminated on, to or through the Website. The information and opinions expressed on or through the Website are not necessarily those of Management, the Website, or its/their service providers, affiliates, associates, subsidiaries or partners, and the Website makes no representations or warranties regarding that information or those opinions. Neither Management nor its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any Use of the Website.
The Website is provided for informational and discussion purposes only, and shall not be relied upon for financial trading or investing purposes, or for commercial use. The Website should never be Used as a substitute for representation by experienced and competent legal counsel. Any determination by a User to pursue or otherwise act upon legal strategies or other information posted to or sent through the Website shall be at such User’s sole risk. Users release Management from any claims or damages arising out of the Use of this Website.
Privileged or Infringing Material.
All Users must refrain, and are strictly prohibited, from posting material to the Website which is protected by the attorney/client privilege, protected as attorney work product, or which is otherwise not intended for public disclosure. When discussing litigation (as opposed to abstract litigation strategy), Users must limit such discussion to matters of public record, i.e., matters premised upon documents, arguments, testimony or other evidence contained within a publically-accessible court file or otherwise discoverable by resort to publically-available means.
Users are prohibited from posting material which is protected by copyright under federal or state law without the author’s permission. Any privileged or infringing material posted to or sent through the Website is subject to immediate removal at Management’s sole and absolute discretion, and the User(s) responsible may be subject to suspension, banning or other disciplinary measures as well as civil and/or criminal liability. Management accepts and responds to notices of alleged copyright infringement issued pursuant to the relevant provisions of the Digital Millennium Copyright Act, which notices should be directed to:
Litiscape Copyright Agent
c/o Zeta Reticuli, LLC
320 Gold Avenue SW
Suite 620, PMB 1532
Albuquerque, New Mexico 87102
With a copy by email to: [email protected]
Third Party Products and Services.
The Website may advertise and/or provide links to many different types of products and services that are offered by third parties (“Third Party/Parties”). Management is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. A Third Party may have privacy and data collection practices that are different from those of the Website. Management has no responsibility or liability for these independent policies, and Users are solely responsible for ensuring that any Third Party privacy and data collection practices are acceptable before making a purchase. In addition, when Users purchase products or services that are advertised on or through the Website, such Users may be subject to additional terms and conditions that specifically apply to that purchase or use of those products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. Users release Management and its affiliates from any damages that Users may incur, and agree not to assert any claims against Management and its affiliates, arising from such Users’ purchase or use of any products or services advertised by Third Parties on or through the Website.
Preservation of Intellectual Property Rights.
All material on the Website, including, but not limited to text, images, illustrations and multimedia materials, is protected under federal and/or state law by copyrights and/or trademarks/service marks which are owned and controlled by Management or by other parties that have licensed their material to be displayed upon the Website. Material from this Website may not be copied, reproduced, modified, displayed, republished, uploaded, posted, transmitted, or distributed in any way without the express, written permission of Management.
Changes and Improvements.
Management may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on the Website including the terms and conditions of your Use of this Website, at any time and without liability.
Jurisdictional Issues.
The World Wide Web is aptly named for its global accessibility, and Management encourages Users from all jurisdictions to access the Website. However, some or all of the products and services offered on or through the Website may be prohibited in a User’s jurisdiction. If any Users are accessing the Website from such a jurisdiction, such Users should not consider anything on the Website as an offer to provide, to sell or as a solicitation to purchase or use any product or service from or through the Website. The Website is for Use only by those residing or conducting business in jurisdictions where such products and services may legally be provided, sold, offered and/or used.
Privacy and Accessibility.
Certain information may be recorded by Management in connection with Use of the Website. The type of information tracked by the Website’s servers may include the browser and operating system associated with a User, the domain name of the User’s internet service provider, and the User’s internet protocol address. Email addresses and other personally-identifiable data about Users are known to the Website only if and when voluntarily submitted by the User, such as through the registration process. All personal information collected by the Website is retained by Management and/or the Website, and not sold or otherwise provided to third parties, unless there is a disposition of the Website or of part or all of Management’s business. Management may use email addresses and other personally-identifiable information to communicate with Users who have provided the Website with such Users’ email addresses or other personally-identifiable information. Please refer to the Website’s Privacy Policy for further information.
Management has made, and will continue to make, every effort to make the Website accessible to all Users including by making available auxiliary aids and services upon specific request. Any Users who nevertheless encounter any barriers which render the Website wholly or partially inaccessible to such Users expressly agree to notify Management of such barriers and provide Management with a reasonable opportunity to remediate such barriers before any litigation relating to such barriers is filed. The foregoing requirements to provide notice and a reasonable opportunity to cure shall be deemed conditions precedent to the filing of any litigation relating to any barriers alleged to render the Website wholly or partially inaccessible.
Submissions; Limited Licenses.
By posting, sending or transmitting any content on, to or through the Website, Users agree to have that content publically-accessible via the Website and in other promotional and advertising materials produced by Management, without compensation. Users represent and warrant that: (i) such Users either own the content posted by them on, to or through the Website, or otherwise have the right to grant the license set forth below and elsewhere herein; and (ii) the content posted by Users on, to or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
Management hereby grants each User a limited license to view on such User’s device, print, or download any content made available on the Website for which a fee is not charged, for non-commercial, personal, or educational purposes only. Without limiting the generality of the foregoing, Users may not make any commercial use of such content, or copy or host such content on any other website or FTP server. Nothing contained in this limited license shall be deemed as conferring any right under federal or state law in any copyright, trademark, service mark, trade name or other proprietary property of Management or any other party who owns or has proprietary rights to the content, information and materials provided on the Website.
Users agree to grant to Management a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information with respect to any original content generated by the User and posted on, to or through the Website, or provided to Management by email or any other means or media now known or hereafter developed, and in which such User reasonably asserts an ownership interest. Further, Users grant to Management the right to use the usernames associated with such Users in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. Users agree that they shall have no recourse against Management for any alleged or actual infringement or misappropriation of any proprietary rights in such Users’ communications to the Website or Management.
Users agree not to post or otherwise make available content on, to or through the Website that constitutes or contains affiliate marketing, referral codes, or any other form of unsolicited commercial advertisement without the prior express written approval of Management.
Users agree to indemnify Management and each of its members, managers, owners, representatives, officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from a User’s breach of any of the foregoing provisions.
Management will at all times remain subject to any applicable statutes, rules of law, legal processes or procedures, or orders by courts of competent jurisdiction requiring the disclosure of information relating to the Website, and shall not be liable to any User in connection therewith. Management has the sole and absolute discretion to refuse to allow or to remove from the Website any information or materials, in whole or in part, that are objectionable or in violation of these TOS. Management furthermore reserves the right to deny access to the Website or limit the Use of its features to anyone, for any non-discriminatory reasons, including as a result of Users who violate these TOS or who, in Management’s sole judgment, interfere with or infringe upon others’ Use of the Website.
To access certain features of the Website, Users will be asked to register by providing personally-identifiable information such as name and email address. Users agree to provide true, accurate, current and complete information as prompted by the Website’s registration form. If Management has reasonable grounds to suspect that any such information is untrue, inaccurate, or incomplete, Management has the right to suspend or terminate User accounts and refuse any and all current or future Use of the Website (or any portion thereof). Management’s use of any personally-identifiable information provided as part of the registration process is governed by the terms of the Website’s Privacy Policy.
Passwords.
To use certain features of the Website, Users will be prompted to create a username and password through the Website’s registration process. Users are responsible for maintaining the confidentiality of their passwords and accounts, and are responsible for all Website activities (whether by such Users or by others granted access by such Users) that occur under their passwords or accounts. Users agree to immediately notify Management of any unauthorized Use of passwords, accounts or any other breach of Website security, and to ensure that they exit from their accounts at the end of each session. Management cannot and will not be liable for any loss or damage arising from any User’s failure to protect password or account information.
Termination.
Management may cancel or terminate the right to Use the Website or any part of the Website at any time without notice. In the event of cancellation or termination, Users are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on such Users with respect to the disclaimers and limitations of liabilities set forth in these TOS shall survive and otherwise remain binding.