Terms of Use – Lawnix

Although we hope you find this site useful and enjoyable, we want to make sure that our respective rights and responsibilities related to the site are clear. The following is intended to be a legally enforceable contract. You should be careful to note that you are assenting to the contract by accessing the site more than once. Each subsequent intentional access of the site likewise will serve as assent to the contract.

Lawnix offers this site as a service to you subject to the following terms and conditions of use under this contract (“Terms”). By accessing the Lawnix site or related services (collectively the “Site”) a second and/or subsequent time, and in consideration for the service that Lawnix provides you (including at least access to information found on the Site), you agree to abide by these Terms. Alternative acceptable forms of assent/obligation include your creating content for the Site or contributing content to the Site.

The Site is usually hosted at http://www.lawnix.com/. The related services of the Site include websites that are served under the lawnix.com domain including Lawnix Case Briefs and Lawnix Law School Outline Bank.

1. Rights in the Content You Submit

Any and all works of authorship copyrightable by you and posted by you (Content) to the Site are submitted under a fully paid-up license to Lawnix. Under this license, you permit Lawnix to copy, distribute, display and perform your Content, royalty-free and via any media. You also permit Lawnix to distribute derivative works of your Content and to grant both explicit and implicit sublicenses to anyone. The fully paid-up license gives Lawnix the right to earn money from your Content in any way that Lawnix sees fit, including posting it in a password protected site, publishing it in a book, making a movie, translating it to Russian, or making jokes about the Content.

Among other things, at Lawnix’s discretion, this license may permit feed aggregators to copy, distribute, display and perform any Content that you submit. Furthermore, your submission does not create any obligation on Lawnix to publish your submitted Content or to retain your Content.

2. Conduct

We believe deeply in free speech. However, Lawnix reserves the right to remove any content. As a general matter, Lawnix often tries to make some attempt to remove content that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable to Lawnix. However, Lawnix does not accept any responsibility for poor filtering.

You may not use Lawnix’s name or the name of any author to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as endorsed by Lawnix is strictly prohibited.

By posting content to the Site, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold Lawnix harmless for any and all claims resulting from content you supply.

You acknowledge that Lawnix does not necessarily pre-screen or regularly review posted content, but that Lawnix shall have the right to remove or modify in Lawnix’s sole discretion any content that Lawnix considers to violate these Terms or for any other reason. Lawnix may also delegate this authority or any other rights or responsibilities of this contract.

You agree that all content posted to the Site is the sole responsibility of the individual who originally posted the content. You agree, also, that all opinions expressed by users of this Site are expressed strictly in their individual capacities, and not as representatives of Lawnix, its owners or employees.

You agree that Lawnix will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this Site. You agree to evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

3. Disclaimer of Warranties and Limitation of Liability

This Site is provided on an “as is” and “as available” basis. Lawnix does not make any representations or warranties of any kind, express or implied, as to the Site’s operation or continued operation or as to the information, content or materials included on this Site. To the full extent permissible by applicable law, Lawnix hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. Lawnix will not be liable for any damages of any kind arising from the use of or inability to use this Site. You expressly agree that you use this Site solely at your own risk.

If you distribute any Site content to any third party, you agree to warrant that the third party has agreed to all Terms.

The information contained on this Site is not legal advice. It is provided for information purposes only. This Site belongs to Lawnix. All information and views expressed on the Site should be double-checked for accuracy and current applicability. Don’t go playing the stock market based on this information either. These posts do not provide financial advice.

4. Privacy Policy

Any information that you submit to Lawnix whether through forms or email, including personally identifiable information, may be publicly displayed on the Site, or on websites within or not within our control. If you don’t want others to see such information, don’t submit it. Lawnix may publicly display the IP addresses of visitors and contributors the Site. Lawnix may use your IP address to help diagnose problems with our server, to tailor Site content and to format the Site and software to user needs, and to generate aggregate statistical reports. Lawnix may use aggregate visitor data to prepare publicly displayed reports regarding the traffic on individual parts of the Site, site popularity rankings, and referrers that visitors use to access the Site.

We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Google, as a third party vendor, uses cookies to serve ads on the Site. Google’s use of the DART cookie enables it to serve ads based on users’ visit to the Site. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

5. Modification of These Terms of Use

Lawnix reserves the right to change, at any time, at Lawnix’s sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms (Monthly). Your continued use of the Services constitutes your agreement to all such Terms and their revisions.

6. Copyright

All original material here is copyrighted, all rights reserved. Each case brief, outline, post, article, and other information contained herein other than full text case law is a copyrighted work. Any display, distribution, or other use of the material on the Site must be accompanied by attribution to the source, including an html link which does not feature the “nofollow” attribute. Attribution is required under this contract even if the use would be considered a “fair use.”

7. Reader Addendum

Anyone who reads content from the Site more than twice agrees to not charge Lawnix with any violation of copyright, Lanham Act, patent, defamation, libel, or fraud claim based wholly or partially on any aspect of the Site. If you have a problem with anything posted on the Site or feel that you have an ownership claim to anything on the Site, please contact Lawnix immediately at Lawnix – Input.

8. Choice of Law and Forum Selection Clause

These Terms shall be interpreted under the laws of the District of Columbia. Any litigation under this agreement shall be resolved in the trial courts of the District of Columbia.

9. Non-Waiver

The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

10. Attorney’s Fees

In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

11. Severability

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of the Terms shall remain in full force and effect.

12. Merger and Integration

These Terms contain the entire agreement of the parties with respect to the subject matter described herein, and supersede all prior negotiations, agreements and understandings with respect thereto.

Last Updated: August 11, 2009

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