Terms of Use For Legal Services RSS Feed Project

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE AND THE RSS FEEDS MADE AVAILABLE ON OR THROUGH THIS SITE. Legal Services of South Central Michigan, on behalf of the Legal Services XML Group (“Legal Services,”“we,”“us”), provides the direct and customized RSS Feeds (collectively, the “RSS Feeds”) through this website (the “Site”) subject to your compliance with the terms and conditions set forth in this Terms of Use for Legal Services RSS Feed Project (the “Agreement”). This Agreement governs the relationship between Legal Services and you, including your employer and any affiliates and its or their employees, contractors and agents (“you”) with respect to your use of the RSS Feeds made available to, or created by, you. BY CLICKING THE “I ACCEPT”BUTTON, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “I DO NOT ACCEPT”BUTTON, AND YOU WILL NOT BE AUTHORIZED TO USE OR CREATE RSS FEEDS USING THIS SITE. YOUR USE OF THE RSS FEEDS WILL ALSO BE DEEMED ACCEPTANCE OF THIS AGREEMENT.

We reserve the right at any time to:

  • Change the terms and conditions of this Agreement;

  • Change the Site and/or those RSS Feeds made available through the Site, including eliminating or discontinuing any functionality, content or feature of the Site or the RSS Feeds; or

  • Charge fees for use or creation of the RSS Feeds.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.

  1. Use of the Feeds.Subject to the terms and conditions of this Agreement, you may: (i) use any direct RSS Feeds made available on the Site to access the websites for which the RSS Feeds contain links (the “Linked Sites”); (ii) use the functionality made available through the Site to create customized RSS Feeds; (iii) copy such direct and customized RSS Feeds solely for the purpose of incorporating such RSS Feeds on your website; (iv) incorporate and publicly display the RSS Feeds on your website and allow users of your website to access and use such RSS Feeds to link to Linked Sites or to information or other content contained on such Linked Sites (the “Content”), and (v) redistribute the RSS Feeds incorporated on your website; provided that you exercise the rights granted to you in this
    Agreement solely for non-commercial purposes. For purposes of this Agreement, “non-commercial purposes”includes providing the RSS Feeds, and the information made available through the RSS Feeds, at no charge. We reserve the right to review your use of the RSS Feeds, and if we believe, in our sole discretion, that your use of the RSS Feeds provides you with commercial value, we reserve the right to charge a fee for your use of the RSS Feeds or terminate this Agreement.
  2. Restrictions. You must retain all copyright and other proprietary notices included in the RSS Feeds. If you redistribute the RSS Feeds to any third person, you shall require that the use of such redistributed RSS Feeds will be in accordance with the terms and conditions of this Agreement. In addition, you acknowledge and agree that Linked Sites accessed through the RSS Feeds and the Content contained on such Linked Sites is owned by Legal Services or third parties, and your access to and use of such Linked Sites and their Content is subject to any restrictions imposed by those Linked Sites.
  3. Linked Sites. The Site contains links to other Internet websites which may or may not be owned or operated by Legal Services. Legal Services has not reviewed all of the websites that are linked to the Site, or the Linked Sites accessed through the RSS Feeds, and Legal Services has no control over such sites. Unless otherwise explicitly stated, Legal Services is not responsible for the Content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Legal Services makes such links available does not indicate any approval or endorsement of any material contained on any Linked Site. Legal Services is providing the RSS Feeds and these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any Linked Site. Further, it is up to you to take precautions to ensure that whatever RSS Feeds you create or select, are free of viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
  4. Code of Conduct. While using the Site and/or using or creating RSS Feeds, you agree not to:
    • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, restricting or inhibiting use of the Site by “hacking”or defacing any portion of the Site;

    • Use the Site, RSS Feeds or create RSS Feeds for any unlawful purpose, including, without limitation, copyright infringement;

    • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication,

    • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

    • Sub-license, translate or sell any portion of the Site or RSS Feeds;

    • While using the Site, the RSS Feeds and/or Content accessed through the RSS Feeds, you agree to comply with all applicable laws, rules and regulations.

  5. Ownership. The Site is owned and operated by Legal Services, and the direct RSS Feeds made available on the Site (and any intellectual property and other rights relating thereto) are and will remain the property of Legal Services and its licensors and suppliers. You acknowledge that you do not acquire any ownership rights by using the Site, the RSS Feeds, Linked Sites or Content accessed through the RSS Feeds.
  6. Access By Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the websites of the Electronic Frontier Foundation (http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html).
  7. Jurisdictional Issues. The Site and the RSS Feeds made available through the Site are solely directed to individuals residing in the United States. We make no representation that RSS Feeds or other materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software or technical data may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any RSS Feeds you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

    We reserve the right to limit the availability of the Site and/or the provision of RSS Feeds thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.

  8. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately with or without cause, upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, the RSS Feeds or any portions thereof, at any time if we believe that your continued use of the Site or the RSS Feeds will violate any federal, state, local or foreign regulation law, or would harm or damage in any way the Site, Legal Services or any other user of the Site or the RSS Feeds, or if we determine that you are using the RSS Feeds for your commercial benefit. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall remove from your website all RSS Feeds obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
  9. Disclaimers. THE SITE, THE RSS FEEDS, AND ANY CONTENT OBTAINED THROUGH THE RSS FEEDS ARE PROVIDED “AS IS”AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEGAL SERVICES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, THE RSS FEEDS OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. LEGAL SERVICES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE RSS FEEDS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR THE RSS FEEDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE RSS FEEDS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF LEGAL SERVICES OR ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY RSS FEEDS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
  10. Limitation of Liability. NEITHER LEGAL SERVICES NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SITE AND/OR RSS FEEDS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, THE RSS FEEDS OR ANY LINKED SITE IS TO STOP USING THE SITE, AND/OR RSS FEEDS, OR THE LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF LEGAL SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OR USE OR CREATE RSS FEEDS.
  11. Indemnification. You agree to indemnify, defend and hold Legal Services, our affiliates, licensors, suppliers, and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; and/or (B) your activities in connection with the Site and/or the RSS Feeds.
  12. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Washtenaw, Michigan, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Legal Services’prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

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