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Terms of Service
Welcome to TopLaw! The following Terms of Service apply to all TopLaw members ("Users"). 1. Acceptance of Terms of Service PeerViews Inc. ("PeerViews"), which owns TopLaw, provides its TopLaw-related services (the "Service"), including future modifications, to you subject to the terms and conditions set forth herein as well as any operating policies that PeerViews may establish (the "Agreement"), and all applicable laws and regulations, including those governing copyrights, patents, and trademarks. By joining TopLaw and using the Service, you accept, without limitation or qualification, all of the terms and conditions in this Agreement. PeerViews may make changes to this Agreement, and your continued use of the Service constitutes your acceptance of any such changes. PeerViews reserves the right to modify or discontinue the Service, or any features of the Service, temporarily or permanently, without notice to you, and you agree that PeerViews is not liable to you should it do so. PeerViews reserves the right to contact you regarding the Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit, for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. PeerViews reserves the right to change these terms and conditions at any time. The changes will appear here and throughout TopLaw’s Web site. By using the Service, you agree in advance to accept any changes. 2. Description of Service The Service provided by PeerViews via TopLaw is best described as an e-mail community in which legal professionals and others in the legal field share information about business and technology issues, products, and services, often developing valuable business relationships in the process. PeerViews compiles and distributes this "peer-written content" in a variety of e-mail newsletters. Along with this peer-written content, PeerViews also distributes its own editorial content as well as targeted advertising (collectively, the "Content"). The Service also consists of a Web site, which enables you to customize your account settings—namely, changing your e-mail address, changing your password, suspending service, terminating service, choosing your message format, and choosing your newsletters. The Web site also enables you to access "The TechnoLawyer Archive," an archive containing all TechnoLawyer Community content, and place "TechnoLawyer Classifieds," e-mail classified ads. 3. Subscription Obligations This portion of the Agreement concerns the obligations associated with a subscription to TopLaw . 3.1. Definitions Registration Form: The Registration Form is the form on the home page of TopLaw through which people join TopLaw. Biennial Survey: The Biennial Survey is a collection of demographic and related questions posed to Users, the results of which help PeerViews improve the Service and generate advertising revenue. TechnoRelease Tuesday: TechnoRelease Tuesday is a paid advertising opportunity in which PeerViews distributes e-mail advertisements on or about Tuesdays to Users. 3.2. Subscription Obligations In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself when prompted by the Service's Registration Form and Biennial Survey; and (b) maintain and promptly update this data to keep it true, accurate, current and complete. You further acknowledge and agree that to maintain your membership in TopLaw , and to continue to access the Service, you must complete the Biennial Survey shortly after joining TopLaw, and then every two years thereafter. If you provide any information that is untrue, inaccurate, misleading, not current, or incomplete, or PeerViews has reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete, PeerViews may, at its discretion, suspend or terminate your account and refuse any and all current or future use of the Service. Furthermore, if you fail to complete the Biennial Survey within a reasonable period of time, PeerViews may, at its discretion, suspend or terminate your account. As part of the registration process, you will create a password. You are solely responsible for keeping your password confidential and for all activities that occur under your password. Please contact PeerViews in the event of the unauthorized use of your password or account, or any other breach of security. You agree and consent to PeerViews’ distribution of TechnoReleases via e-mail to you on or about Tuesdays, and you acknowledge that these TechnoReleases are not unsolicited because of your express agreement to receive them. You are responsible for obtaining access to the Service, which may involve third-party fees (such as Internet Service Provider charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. You understand and agree that the Service is provided "AS-IS" and that PeerViews assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any communications or customization settings. PeerViews is concerned about the safety and privacy of all its Users, particularly children. If you are under 13 years of age, you must obtain your parent's consent before using the Service. 4. Writing Requirement Except where indicated, the requirement that something be in "writing" or "written" may be satisfied with an e-mail message or other electronic document. 5. Posts and TechnoFeature Articles This portion of the Agreement concerns the rights and responsibilities associated with the content that you contribute to TopLaw. 5.1. Definitions Posts: Posts are messages written and submitted by Users and subsequently distributed to TopLaw and/or The TechnoLawyer Archive. Newsletters: Newsletters are regularly scheduled e-mail messages written, edited, and/or compiled by PeerViews and subsequently distributed to TopLaw. Each Newsletter has its own name, slogan, focus, and style. TechnoFeature: TechnoFeature is a Newsletter in which articles previously published in print or online periodicals (i.e., publications with an editorial staff that are published on a regular basis) and unencumbered by exclusive licenses or assignment agreements (i.e., still owned and controlled by the respective author(s)) are published by PeerViews in TopLaw . TechnoFeature gives authors a larger audience for their previously published material. 5.2. Rights, Responsibilities, and Licenses You represent and warrant that you possess all necessary rights to every Post you submit to TopLaw, including all Posts that you submitted in the past. You also represent and warrant that you possess all necessary rights to every TechnoFeature article you submit to TopLaw , including those TechnoFeature articles that you submitted in the past. You further represent and warrant that every Post and TechnoFeature article you submit to TopLaw, including those Posts and TechnoFeature articles that you submitted in the past, is unencumbered by an exclusive license, an assignment agreement, or another such agreement that would prohibit you from republishing or syndicating such article. Notwithstanding its editorial work, PeerViews acknowledges that it does not share in the copyright ownership of any TechnoFeature article distributed to TopLaw since January 1997 for which you are the only credited author. PeerViews further acknowledges that you have the right of final approval with regard to all of your TechnoFeature articles. Notwithstanding its editorial work, PeerViews acknowledges that it does not share in the copyright ownership of any TechnoFeature article distributed to TopLaw since January 1997 on which you collaborated with one or more co-authors. You acknowledge that you and your co-authors share the rights to these articles in equal percentages unless different arrangements have been made in writing and transmitted to PeerViews. PeerViews further acknowledges that you and your co-authors have the right of final approval with regard to all of your TechnoFeature articles. 5.2.1. Nonexclusive License with Restriction You hereby grant to PeerViews a nonexclusive license to distribute your Posts and TechnoFeature articles to TopLaw and The TechnoLawyer Archive. Notwithstanding this nonexclusive license, you agree not to republish any of your Posts or TechnoFeature articles in an unauthorized version of TopLaw or The TechnoLawyer Archive operated by a third party. 5.3. Work-for-Hire If any of your Posts and/or TechnoFeature articles are owned by your Employer through the "Work-for-Hire" doctrine, you acknowledge that you alone are responsible for obtaining from your Employer the rights you need to comply with this Agreement. 6. Writing Contests PeerViews currently operates two writing contests for TopLaw—MasterPost and TechnoDebate, each of which is discussed below. 6.1. Definitions MasterPost: MasterPost is a triweekly writing contest open to all Users who contribute Posts to TopLaw. It lies within PeerViews’ discretion to name more than one MasterPost winner in the same period. After the winning author(s) has (have) assented, PeerViews transforms the winning Post(s) into a publishable article and makes it available for syndication through the "TechnoLawyer Syndication Network," a group of approximately 125 print and online legal publications. TechnoDebate: TechnoDebate is a bimonthly writing contest that begins in TopLaw and ends as a professionally-published column in Law Office Computing, a print magazine owned by James Publishing Company. Unlike MasterPost articles, TechnoDebate articles are syndicated to just one publication. However, TechnoDebate winners are guaranteed that placement in Law Office Computing. 6.2. Writing Contest Criteria In judging Posts with regard to the MasterPost and TechnoDebate writing contests, PeerViews uses the following criteria: (1) the degree to which the message pertains to the question or topic; (2) the utility and importance of the information conveyed in the message; (3) the persuasiveness and clarity of the message; (4) the degree to which the message demonstrates creative and original thinking; and (5) overall stylistic quality. 6.3. Rights, Responsibilities, and Licenses Notwithstanding its editorial work, PeerViews acknowledges that it does not share in the copyright ownership of any MasterPost and TechnoDebate article distributed to TopLaw since January 1997 for which you are the only credited author. PeerViews further acknowledges that you have the right of final approval with regard to all of your MasterPost and TechnoDebate articles. Notwithstanding its editorial work, PeerViews acknowledges that it does not share in the copyright ownership of any MasterPost and TechnoDebate article distributed to TopLaw since January 1997 on which you collaborated with one or more co-authors. You acknowledge that you and your co-authors share the rights to these articles in equal percentages unless different arrangements have been made in writing and transmitted to PeerViews. PeerViews further acknowledges that you and your co-authors have the right of final approval with regard to all of your MasterPost and TechnoDebate articles. 6.3.1. Exclusive License You hereby grant to PeerViews an exclusive license to distribute your MasterPost and TechnoDebate articles to TopLaw and The TechnoLawyer Archive . 6.4. Work-for-Hire If any of your MasterPost and/or TechnoDebate articles are owned by your Employer through the "Work-for-Hire" doctrine, you acknowledge that you alone are responsible for obtaining from your Employer the rights you need to comply with this Agreement. 7. Syndication PeerViews currently operates "The TechnoLawyer Syndication Network" ("Syndication Network") through which it syndicates Posts, MasterPost, TechnoDebate, and TechnoFeature articles to print and online publications and vendors that serve legal professionals. 7.1. Definitions Syndication Guidelines: Publishers that wish to syndicate Posts, MasterPost articles, TechnoDebate articles, or TechnoFeature articles must comply with a set of Syndication Guidelines developed by PeerViews designed to provide attribution to authors and TopLaw in a uniform and consistent manner. Syndication Event: A Syndication Event occurs when a publication in the Syndication Network publishes an Post, MasterPost article, TechnoDebate article, or TechnoFeature article in compliance with PeerViews’s Syndication Guidelines. 7.2. Rights, Responsibilities, and Licenses You acknowledge that the syndication licenses set forth below commence on the date you join TopLaw, and remain in force indefinitely with regard to all Posts, MasterPost articles, TechnoDebate articles, and TechnoFeature articles you author or co-author. Notwithstanding these syndication licenses, you retain all interest in, and right and title to, your Posts and MasterPost, TechnoDebate, and TechnoFeature articles worldwide, including, but not limited to, ownership of copyright and other intellectual property rights. 7.2.1. Posts Syndication License You hereby grant to PeerViews a nonexclusive license to edit, reproduce, distribute, publish, sublicense, and syndicate all past, present, and future Posts to the Syndication Network, provided that PeerViews notifies and obtains written approval from you with respect to each prospective Syndication Event. 7.2.2. MasterPost Syndication License You hereby grant to PeerViews an exclusive license to edit, reproduce, distribute, publish, sublicense, and syndicate all past, present, and future Master-Post articles to the Syndication Network, provided that PeerViews notifies and obtains written approval from you with respect to each prospective Syndication Event. 7.2.3. TechnoDebate Syndication License You hereby grant to PeerViews an exclusive license to edit, reproduce, distribute, publish, sublicense, and syndicate all past, present, and future TechnoDebate articles to the Syndication Network, provided that PeerViews notifies and obtains written approval from you with respect to each prospective Syndication Event. 7.2.4. TechnoFeature Syndication License You hereby grant to PeerViews a nonexclusive license to edit, reproduce, distribute, publish, sublicense, and syndicate all past, present, and future TechnoFeature articles to PeerViews’ Syndication Network, provided that PeerViews notifies and obtains written approval from you with respect to each prospective Syndication Event. 7.3. Restrictions You acknowledge that PeerViews alone has the authority to determine whether or not a publication may participate in its Syndication Network. PeerViews is free to make this determination with or without cause. You further agree that PeerViews alone has the authority to determine the frequency with which participants in its Syndication Network may publish Posts, MasterPost articles and TechnoFeature articles. 8. ViewPoints ViewPoints are an incentive reward currency created by PeerViews for TopLaw . 8.1. Value 1 ViewPoint = 2 Cents (United States) when applied to products or services that PeerViews makes available. ViewPoints have no cash value outside of these parameters. The value of ViewPoints is subject to change without notice, but any changes will not alter the value of ViewPoints you have already received. 8.2. Redemption You acknowledge that you may only redeem ViewPoints for products and services that PeerViews makes available. You further acknowledge that ViewPoints may not be redeemed for cash from PeerViews under any circumstances. 8.3. Transfer ViewPoints may be transferred from one User to another User, provided that both parties notify PeerViews of such transfers in writing. PeerViews reserves the right to reject transfers with or without cause. You acknowledge that you may not transfer ViewPoints from your account in TopLaw to your account at another e-mail community operated by PeerViews or vice versa. 8.4. Expiration ViewPoints have no expiration date. Notwithstanding this provision, you acknowledge that your ViewPoints do not entitle you to any rights as a creditor of PeerViews. You further acknowledge that PeerViews may eliminate some or all of your ViewPoints for any reason or no reason at all. In the event PeerViews or TopLaw ceases to operate or files for bankruptcy, you acknowledge that your ViewPoints will have no value. 8.5. Tax Consequences Users who receive ViewPoints are independent contractors and solely responsible for all federal, state, local, or other applicable taxes that might apply. You should report the cash value of your ViewPoints on your personal tax return. While it is unlikely that ViewPoints will materially affect your taxes, PeerViews encourages you to discuss this matter with a certified public accountant if you have any concerns. If you earn 30,000 or more ViewPoints ($600 U.S.) in a single calendar year, PeerViews will send you a 1099 as required by law. 8.6. Earning ViewPoints Currently, you can earn ViewPoints as follows: (1) Contributing an Post that we distribute via e-mail; (2) Contributing a TechnoFeature article that we distribute via e-mail; (3) Winning the MasterPost writing contest (except where prohibited by law); (4) Winning the TechnoDebate writing contest (except where prohibited by law); or (5) Syndicating a MasterPost article, TechnoDebate article, or TechnoFeature article. PeerViews awards between 0-250 ViewPoints for each Post distributed via e-mail. The amount of ViewPoints awarded depends on various factors. You acknowledge that PeerViews has no obligation to disclose or explain how it awards ViewPoints for Posts. PeerViews does not award any ViewPoints for Posts that are not distributed via e-mail. PeerViews awards 500 ViewPoints for each TechnoFeature article, 500 ViewPoints for each TechnoDebate victory, and 1,000 ViewPoints for each MasterPost victory. PeerViews awards between 0-3,000 ViewPoints for each Syndication Event. The amount of ViewPoints awarded depends on the type of publication and the number of subscribers it has. The chart below sets forth the current syndication compensation levels for authors. These compensation levels are subject to change without notice.
8.6.1. Multiple Authors For situations involving two or more co-authors, each co-author will receive the full amount of ViewPoints. 8.7. Restrictions Only Users 18 years of age or older who legally reside in the United States or its Territories, or who serve as a member of the United States Military, are eligible to receive ViewPoints. ViewPoints awarded with regard to the MasterPost and TechnoDebate writing contests are further restricted to Users 18 years of age or older who legally reside in the United States, except for those Users who reside in Florida, New York, Rhode Island, or the United States Territories. PeerViews will not award ViewPoints for the publication of an Post, MasterPost article, TechnoDebate article, or TechnoFeature article by a publication within the Syndication Network unless the publication complies with the Syndication Guidelines. When publications in the Syndication Network publish an Post, MasterPost article, TechnoDebate article, or TechnoFeature article in more than one medium, authors are only entitled to ViewPoints for the larger of these Syndication Events. Users may publish their Posts, MasterPost articles, TechnoDebate articles, and TechnoFeature articles in publications or on Web sites that they control or for which they serve as an editor, but if such publication does not qualify as a Syndication Event, Users will not be entitled to any ViewPoints. 8.8. Forfeiture You acknowledge that termination or deactivation of your account will result in the forfeiture of all of the ViewPoints you have earned. 9. Privacy and Protection of Personally Identifiable Information To learn about how PeerViews uses the personally identifiable information it collects, please review its Privacy Policy. 10. Content Provided by Third Parties The Content provided in conjunction with the Service is largely created by Users. PeerViews does not represent or endorse the accuracy or reliability of any Content provided by Users, and you acknowledge that any reliance upon such Content shall be at your sole risk. This Content does not represent the views of PeerViews. Your correspondence or business dealings with, or reliance on the information provided by other Users found on or through the Service are solely between you and such Users. You agree that PeerViews shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Users on the Service. In conjunction with providing the Service, PeerViews distributes advertising created by third parties to Users. You acknowledge that your correspondence or business dealings with, or participation in promotions of, or reliance on the information provided by advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that PeerViews shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. The Service may provide links to other World Wide Web sites or resources. Because PeerViews has no control over such sites and resources, you acknowledge and agree that PeerViews is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PeerViews 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 site or resource. 11. No Refunds You acknowledge and agree that PeerViews does not provide refunds under any circumstances for transactions successfully conducted in conjunction with the Service, including, but not limited to, The TechnoLawyer Archive and TechnoLawyer Classifieds. 12. Intellectual Property and Proprietary Rights You acknowledge that the Service contains graphics, information, links, software, and other material (collectively, the "Content") that are protected by copyright, patent, trademark or other proprietary rights of PeerViews or third parties. You further acknowledge that the Content available through the Service is copyrighted as a collective work of PeerViews pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. You agree not to modify the Content in any manner or form, or to use modified versions of the Content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PeerViews for use in accessing the Service. You acknowledge that you may use the Content only for your personal, noncommercial use. You are prohibited from any other use except as expressly authorized by PeerViews or the applicable intellectual property owner. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Content, in whole or in part. You agree further not to "frame" the content onto any other site. 13. Termination You agree that PeerViews, in its sole discretion, may terminate your account, or any part thereof, or use of the Service, remove and discard your Posts, MasterPost articles, TechnoDebate articles, TechnoFeature articles, and ViewPoints for any reason, including, without limitation, for lack of use or if PeerViews believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. PeerViews may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that PeerViews may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that PeerViews shall not be liable to you or any third-party for any termination of your access to the Service. You agree that termination of your account will also result if you: (1) use the self-deactivation tool provided by the Service to terminate your account; (2) request that PeerViews terminate your account; (3) fail to maintain an e-mail addresses that functions; or (4) fail to complete the Biennial Survey. You acknowledge that if your account is terminated or deactivated, you will forfeit all of the ViewPoints you have earned, and no longer be able to access the Service, including The TechnoLawyer Archive and TechnoLawyer Classifieds. You agree that PeerViews alone has the authority to reinstate terminated accounts. You further acknowledge that PeerViews has no obligation to reinstate terminated accounts, or to even consider such requests. 14. Disclaimer of Warranties YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. PEERVIEWS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PEERVIEWS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. PEERVIEWS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. PEERVIEWS MAKES NO WARRANTY AS TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE. PEERVIEWS MAKES NO WARRANTY THAT IT WILL FIX ANY ERRORS OR DEFECTS ASSOCIATED WITH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEERVIEWS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 15. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PEERVIEWS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEERVIEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT PEERVIEWS SHALL NOT BE LIABLE FOR ANY FAILURE TO DELIVER, HOLD, OR STORE E-MAIL TRANSMITTED THROUGH THE SERVICE. YOU ALSO ACKNOWLEDGE AND AGREE THAT PEERVIEWS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 16. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in sections 14 and 15 may not apply to you. 17. Indemnification You agree to indemnify, defend, and hold harmless PeerViews, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers from any claim, action, demand, or damage, including reasonable attorney fees, made by any third party due to or arising out of or related to your use of the Service, your connection to the Service, or your violation of this Agreement, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity. 18. Jurisdiction and Governing Law This Agreement and the relationship between you and PeerViews shall be interpreted, construed, and enforced in all respects in accordance with laws of New York, without regard to its conflict of law provisions. You and PeerViews irrevocably consent to the personal and exclusive jurisdiction of the courts of the county of New York in connection with any action arising hereunder. You agree that the failure of PeerViews to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred. 19. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement should remain in full force and effect. 20. Entire Agreement This Agreement constitutes the entire understanding and complete agreement between you and PeerViews and supersedes any and all prior oral or written representations, communications, understandings and agreements between you and PeerViews with respect to the subject matter herein, all of which representations, communications, understandings and agreements are hereby canceled. If you have any questions about our Terms of Service, please contact us. |
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