Last modifed May 28, 2015
This Agreement governs the use of and access to the JurisIQ Learning Center, as well as any sub-domains and affiliated sites, and any related mobile applications, including all video content and all other information, materials, or content found there (the “Service”). McAfee & Taft exclusively owns and controls the Service, which provides access to educational materials pertaining to a variety of legal issues generally affecting businesses.
Users may not, without the prior written consent of McAfee & Taft:
(a) distribute, publish, transmit, transfer, assign, sublicense, lease, sell or otherwise make the Service or any part of the Service available to anyone or any entity other than employees of the Subscriber;
(b) download, copy, save, frame, retrieve, or store in electronic or any other form any part of the Service in a manner other than streaming or viewing such content directly from the Service;
(c) modify, translate, adapt or otherwise create derivative works, whether or not improvements and whether or not patentable, of the Service;
(d) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code, binary code, or underlying algorithms of the Service or any part of the Service;
(e) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Service or any part of the Service;
(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Service;
(g) modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Service, in whole or in part, except as explicitly set forth in this Agreement;
(h) use the Service in any manner that could damage, disable, overburden, or impair the Service or access to the Service (e.g., you may not access the Service in an automated manner by use of “spiders”, “robots” or otherwise) in any manner that could interfere with any other party’s use and enjoyment of the Service, or
(i) publish, re-publish, distribute, display, or otherwise make the Service available to any third parties not authorized by this Agreement.
II. Intellectual Property.
Unless explicitly stated otherwise, as between you and McAfee & Taft, McAfee & Taft owns all right, title, and interest in and to the Service, including, without limitation, site content, organization, graphics, design, compilation and other matters related to or included on the Service. Our names, McAfee & Taft A Professional Corporation and JurisIQ Learning Center, and all related names, logos, product and service names, designs and slogans are our trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners and should not be used without those respective owners’ permission.
III. Authorized Users.
Usernames and passwords for the Service are to be kept confidential, and you may not disclose usernames and passwords to any person or entity inside or outside of the Subscriber. You agree not to provide any third-person with access to the Service or portions of it using your user name, password or other security information. You may not distribute content to persons other than authorized users. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Your right to use the Service is nontransferable, and any password given to you is nontransferable. You grant us and all persons or entities involved in the operation of the Service the right to transmit, monitor, store, retrieve and use your information in connection with the operation of the Service. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Service. We are not responsible for any damage or losses caused by unauthorized use of your account. You, however, may be responsible to us for any harm we incur due to unauthorized use of your account.
IV. Electronic Communications.
Subscribers to the Service may wish to take advantage of certain capabilities under which the Service can track the activity of its users where those users are properly registered via unique email address identifiers. In order to take advantage of those capabilities, the device upon which the Service is accessed must permit the receipt of “cookies” and otherwise permit the transfer of information from the device to the Service.Where such information sharing is not permitted, via technology policy, via browser settings, or for any other reason, the Service will not be able to track the activity of its users. Subscriber acknowledges that McAfee & Taft cannot access its systems or its hardware to permit information sharing, and therefore it is the obligation of the Subscriber to ensure that all impediments to information sharing are removed at the subscriber end of the transaction.
V. Advertisements and Links.
Advertisements. We may include advertisements on or through the Service for third-party vendors and businesses. Your correspondence or business dealings with, or participation in promotions of, such companies, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third-party vendor. Any questions, complaints, or claims should be directed to the appropriate advertiser or third-party vendor and not us. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or third-party vendors or product reviews or ratings on the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party vendors or advertisers or any other end users of the Service are those of the respective author(s) or distributor(s) and not ours.
Links. The Service may provide links to other websites. These links are provided solely as a convenience to you and not as an endorsement by McAfee & Taft of the contents on such third-party sites. McAfee & Taft expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. Because McAfee & Taft has no control over such sites, you acknowledge and agree that McAfee & Taft is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that McAfee & Taft shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available from such third-party sites.
Anyone linking to the Service must comply with the following guidelines and all applicable laws: (i) links to the Service may link to but not replicate Service content; (ii) should not create a browser, frame or border environment around any Service content; (iii) should not imply that McAfee & Taft is endorsing the source of the link or its products; (iv) should not misrepresent its relationship with McAfee & Taft or the Service; (v) should not present false or misleading information about McAfee & Taft or the Service; and (vii) should not contain content that is reasonably considered to be profanity, defamatory, vulgar, unlawful or offensive.
We may from time to time in our sole discretion develop and provide updates, upgrades, bug fixes, patches and other corrections and/or new features to the Service (collectively, “Updates”). Updates may modify or delete in their entirety certain features, content and/or functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Available Updates may automatically be present in the Service, automatically download or install to your device, or you may receive notice of or be prompted to download and install. You agree to promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of this Agreement.
Collection of Personal Information: What do we collect and why? In order to create an account for the Service, we may collect personally identifiable information of our users, such as an e-mail address, name, or telephone number. We also collect information regarding specific use of the Service by users, such as the dates and times specific content found on the Service is accessed or reviewed. There is also information about your computer hardware and software that may be automatically collected by us, such as your IP address, browser type, domain name, access time, and referring website addresses. This information is used in several ways, now or in the future, to gain a better understanding of our users and their usage pattern as a whole, for Service administration and troubleshooting, to create reports for us regarding the use and access of the Service, to process e-commerce transactions, to create reports for ourselves, to communicate changes and improvements to our website or any registration you have made, improving and analyzing the Service, and monitoring use to ensure compliance with this Agreement.
We do not give away, sell, rent or lease users’ personally identifiable information to any merchant, advertiser or web publisher. We reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of our assets, or to enforce an agreement to which you and McAfee & Taft are parties.
Please keep in mind that if you disclose personally identifiable information in a public manner whether through collaborative postings, message boards or other public online forums, this information may be collected and used by others. We do not monitor or collect information you disclose inside online public forums, nor do we accept any liability associated with your voluntary disclosure of same.
Please also keep in mind that the Service may contain links to other websites. You are responsible for reviewing the privacy statements and policies of those other websites you choose to link to or from the Service, so that you can understand how those websites collect, use and store your information. We are not responsible for the privacy statements, policies or content of other websites, including websites you link to or from our Service. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.
Notice of Privacy Rights to California Residents.
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of personally identifiable information that we collect through this website and the categories of third party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of personally identifiable information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who we can and cannot share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.
Limitations. You agree that we are not responsible for (i) any disclosure of your personal information made by you to a third party through your use of the Service; (ii) any disclosure of your personal information obtained illegally from us; or (iii) any accidental disclosure of your personal information made by us.