to the Apptorney application and website (collectively “Apptorney”) presented
by the law firm of Erik M. Pelton & Associates, PLLC (“EMP&A”). This
Agreement covers your use of Apptorney.
By using the Apptorney, you agree to be bound by these terms of service.
Some sections of this Agreement modify very important rights. In those
sections, the text is written in all capital letters. As you review this
Agreement, please pay particular attention to those sections in all capital
information provided in and via Apptorney is provided "as is," for
informational purposes only, and does not constitute legal advice. No
attorney-client relationship is created through use of this application.
Use of this application is not intended to be a solicitation for the formation
of an attorney-client relationship.
following sections describe the basic parameters of the Agreement, including
requirements for eligibility to use Apptorney, modification of this agreement,
termination of this agreement, and how EMP&A gives notice of changes to
this agreement. This agreement was last modified on April 19, 2010.
terms for your use of Apptorney. By using Apptorney, you agree to be bound by
this Agreement. You are only authorized to use t Apptorney, whether such use is
intentional or not, if you agree to abide by this Agreement, and all other
applicable laws. Please read this agreement carefully and save it. If you do
not agree with it, you should leave Apptorney immediately, and discontinue use
Modification of This Agreement
may modify this Agreement from time to time and such modification will be
effective upon posting on Apptorney. You agree to be bound to any changes to
this Agreement when you use Apptorney after any such modification is posted. It
is important that you review this Agreement regularly to ensure you are aware
of any changes. The current version of this Agreement can always be viewed at http://www.apptorney.com/terms_of_use/
and printed from there.
Termination of This Agreement
may terminate this Agreement without prior notice and at EMP&A's sole
discretion. Termination of this Agreement will result in revocation of the
license granted in section 2 of this agreement, and denial of access to
Apptorney. Cause for such termination may include, but is not limited to:
breaches or violations of the Agreement or other incorporated agreements or
requests by law enforcement or other government agencies;
At your request;
discontinuance or material modification to Apptorney or any portion thereof;
unexpected technical or security issues or problems; or
your engagement in fraudulent or illegal activities, whether related to your
use of Apptorney or not.
you agree that EMP&A will make the decision to terminate your account at
EMP&A’s sole discretion, and that EMP&A will not be liable to you or to
any third party for any damages resulting from termination of your account, or
loss of access to Apptorney.
hereby grants you a non-exclusive worldwide right to use Apptorney solely for
legitimate business purposes, subject to the terms and conditions of this
consideration of the license granted in Section 2, above, you agree to the
agree that you will not use Apptorney to:
transmit or make available any content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
transmit or make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are
designated for such purpose;
interfere with or disrupt Apptorney or servers or networks connected to Apptorney
e, or disobey any requirements, procedures, policies or regulations of networks
connected to Apptorney;
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
provide material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act;
collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through g above.
No Resale of Services
agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for
any commercial purpose, any portion of Apptorney, use of Apptorney, or access
No Competitive Use
may not access Apptorney for purposes of monitoring its availability, performance
or functionality, or for any other benchmarking or competitive reasons.
EMP&A’s Intellectual Property
owns certain valuable intellectual property included in Apptorney. The
following describes limitations on your license to use that intellectual
property, and your obligations to use it in accordance with that license.
Ownership of the Information
website contains information, text, software, photos, video, graphics, music, sounds,
and other material (called “Materials”) that are protected by copyrights, trademarks,
trade secrets, patents or other proprietary rights (called “Intellectual Property
Rights”). These Intellectual Property Rights are valid and protected in all forms,
media and technologies existing now or developed later. All right, title, and interest
in these Materials belong solely and exclusively to EMP&A.
Use of the Information and Materials on the Website
as you may be expressly permitted by this Agreement, you may not use, modify,
adapt, reformat, download, upload, post, reproduce, broadcast, publish, display,
perform, transfer or redistribute any Materials in any form, format or media or
by means of any technology without obtaining the prior written authorization of
EMP&A, and any other owner of the Intellectual Property Rights in such
Materials. You must have prior written permission from EMP&A to reproduce
Materials from Apptorney. If you reproduce Materials from Apptorney, you must
preserve any copyright, trademark or other notices contained in or associated with
the Materials. This means, among other things, that if the specific Material
you are reproducing does not contain the relevant notices that appear on the
website, you must go to the place on the website where such notices appear and
copy them into the Materials you are reproducing.
EMP&A’s Copyrights and Trademarks
copyrights and copyrightable materials which are part of EMP&A, including
without limitation, EMP&A logos, designs, text, graphics, pictures, photos,
files, menus, software, applications, code, hidden text, databases and other
files and the selection and arrangement thereof are COPYRIGHT © 2010 Erik M. Pelton & Associates, PLLC. All Rights
Erik M. Pelton & Associates, PLLC, EMP&A, and the EMP&A logo are trademarks
of Erik M. Pelton & Associates, PLLC and may not be copied, imitated or
used, in whole or in part, without the prior written permission of EMP&A.
takes the privacy of your information very seriously. This section describes
your use of Apptorney, you consent to the collection and use (as set forth in
information to the United
countries for storage, processing and use by EMP&A, its affiliates and
under certain circumstances, commercial partners.
Special Admonitions for International Use
the global nature of the Internet, you agree to comply with all rules regarding
online conduct specific to any geographic location in which you use the EMP&A
website. You also agree to comply with any applicable United States export
rules that may govern the geographic location in which you use Apptorney.
Limitation on the Privacy of Your Registration Data and Content
agree that EMP&A may access, preserve and disclose private user information
if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce the Agreement;
respond to claims that any Content violates the rights of third parties;
respond to your requests for customer service; or
protect the rights, property or personal safety of EMP&A, its users and the
Disclaimers and Limitations
section includes important disclaimers and limitations on EMP&A’s
No Legal Advice
content of Apptorney has been prepared by Erik M. Pelton & Associates, PLLC
for informational purposes only and should not be construed as legal advice. The
content of Apptorney is not intended to be a substitute for legal counsel on any
subject matter. Receipt of the information posted on Apptorney does not create
a lawyer-client relationship. Readers should not act or refrain from acting on the
basis of the information posted on Apptorney without seeking legal or professional
advice on the particular circumstances at issue from a lawyer.
No Attorney-Client Relationship
attorney-client relationship will be formed based on your use of Apptorney. No
use of Apptorney or provision of information via Apptorney will prevent EMP&A
from representing someone else in connection with the matter in question or a
Disclaimer of Warranties
SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
THE MAXIMUM EXTENT PERMITTED BY LAW, APPTORNEY IS PROVIDED ENTIRELY "AS
IS," WITHOUT ANY WARRANTY WHATSOEVER, AND ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED, AND YOU HEREBY
WAIVE ALL SUCH WARRANTIES.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMP&A
OR THROUGH OR FROM APPTORNEY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
Limitation of Liability
SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
NO EVENT SHALL EMP&A, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR
ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER)
DAMAGES, LOSS OR INJURY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR
CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER
LINKS OR LINKED WEBSITES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL
BASIS NOW OR HEREAFTER KNOWN.
TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST
PROFITS, PHYSICAL AND/OR PERSONAL INJURY, BUSINESS INTERRUPTION, AND LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU AGREE AND
ACKNOWLEDGE THE ECONOMIC TERMS OF THIS
FAIRLY AND EQUITABLY REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH
ALLOCATION OF RISK IS A MATERIAL INDUCEMENT FOR US TO MAKE AVAILABLE TO YOU THE
APPLICATION, WEBSITE AND OTHER CONTENT AND MATERIALS.
agree to indemnify and defend EMP&A and its subsidiaries, affiliates,
officers, agents, employees, partners, licensors and licensees from any claim
or demand, including attorney's fees and costs, made by any third party due to
or arising out of your use of Apptorney, your connection with Apptorney, or your
violation of this Agreement.
No Third Party Beneficiaries
agree that, except as otherwise expressly provided herein, this Agreement does not
confer and is not intended to confer any rights or remedies upon any person other
Non-Transferability and No Right of Survivorship
agree that your right to access the EMP&A website is personal and
Assumption of Risk
agree that you must evaluate and bear all risks associated with, the use of any
EMP&A application, websites or services, including any reliance on the
accuracy, completeness, or usefulness of such websites or services.
section contains agreements regarding how you and EMP&A will resolve
disputes between you, including a clause mandating Arbitration in any dispute,
and a clause waiving your rights to pursue a class action against EMP&A, or
a class arbitration against EMP&A.
and EMP&A each agree to submit to binding arbitration in the event of a dispute,
controversy or claim (each, a "Claim") arising out of or in
websites or use of the websites. To the extent you have in any manner violated
or threatened to violate EMP&A's intellectual property rights, however,
EMP&A may seek injunctive or other appropriate relief in any court in the Commonwealth of Virginia, and you consent to exclusive
jurisdiction and venue in such courts.
arbitration will be held in the Commonwealth
of Virginia before one
arbitrator on an individual basis and not as a class action. You expressly
waive any right you may have to arbitrate a dispute as a class action. You also
expressly waive your right to a jury trial. You may select one of the following
arbitration organizations and its applicable rules: the National Arbitration
Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or
JAMS, Two Embarcadero Center Suite 1100 San
Francisco, CA 94111 (www.jamsadr.com).
you fail to select an arbitration organization within 30 days after notice from
EMP&A, EMP&A may select the organization. You may obtain a copy of the
rules of each organization by contacting the organization. In the event that
any Claim cannot be submitted to binding arbitration pursuant to the rules of
any such organization, such event shall not affect the enforceability of this
clause so long as the Claim may be submitted to binding arbitration with one of
and EMP&A shall agree on one arbitrator to conduct the arbitration and the arbitrator
shall be selected pursuant to the applicable rules. Each party shall be responsible
for its own attorney, expert and other fees, unless such fees are awarded by
the arbitrator to the prevailing party.
arbitrator's award is final and binding on all parties. The Federal Arbitration
Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration,
governs all arbitration under this clause. Any court having jurisdiction may
enter judgment on the arbitrator's award. If any part of this clause, other
than waivers of class action rights, is deemed or found to be unenforceable for
any reason, the remainder shall remain enforceable. Notwithstanding anything to
the contrary contained herein, if the waiver of class action rights contained
herein is not enforceable as to any person or persons, the provisions of
or persons only, and all other persons shall continue to be governed by the Arbitration
No Class Action
not in court or by jury trial. IF A CLAIM IS ARBITRATED, YOU GIVE UP YOUR RIGHT
TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU
MAY HAVE AGAINST THE COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION
OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR
RIGHTS TO BRING OR
IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
section includes several important clauses governing the interpretation of the contract,
where and under what law disputes may be adjudicated, and other important aspect
of the governance of this agreement.
Agreement constitutes the final agreement between you and EMP&A. It is the complete
and exclusive expression of your agreement on the matters contained herein. All
prior and contemporaneous negotiations and agreements between you and EMP&A
on matters contained in this Agreement are expressly merged into and superseded
by this Agreement. The provisions of this Agreement may not be explained,
supplemented or qualified through evidence of trade usage or a prior course of
dealings. In entering into this Agreement, neither you nor EMP&A has
upon any statement, representation, warranty or agreement of the other party except
for those expressly contained in this Agreement.
ARE NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THIS AGREEMENT, OTHER THAN
THOSE EXPRESSLY STATED IN THIS AGREEMENT.
Choice of Law, Forum, and Venue
LAWS OF THE COMMONWEALTH
OF VIRGINIA, WITHOUT
GIVING EFFECT TO ITS CONFLICT OF LAWS PRINCIPLES, GOVERN ALL MATTERS ARISING
OUT OF OR RELATED TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLETES,
INCLUDING, WITHOUT LIMITATION, ITS INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND
have agreed in Section 7 to submit to binding arbitration. However, if Section 7
is found not to have legal affect by any court with jurisdiction over this agreement,
jurisdiction over actions arising out of or related to this Agreement, and jurisdiction
over EMP&A, then if you bring a legal action or proceeding against EMP&A
arising out of or related to this Agreement, you agree that you may only bring
such action or proceeding in the United States District Court for the Eastern District
of Virginia, or in any court of the Commonwealth of Virginia.
Severability and Waiver
failure to exercise or enforce any right granted in this Agreement shall not
constitute a waiver of such right. If any provision of this Agreement is found
by a court of competent jurisdiction to be invalid, you nonetheless agree that
such court should endeavor to give full effect to the parties’ intentions as
reflected in such provision, and you agree that other provisions of the
Agreement remain in full effect.
Agreement creates no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship between you and EMP&A, and intends no
6, 7, and 8 will survive the termination or expiration of this agreement.
Claim Time Limitation
agree that regardless of any law to the contrary, any claim or cause of action arising
out of or related to use of the EMP&A website, or this Agreement must be filed
within one year after such claim or cause of action arises or be forever
Captions Not Binding
captions and numbering of this Agreement are a convenience only and have no legal
website contains attorney advertising. Prior results do not guarantee a similar