All materials on this website have been prepared for general information purposes. The information presented on this website as well as any information presented in the web-based and live trainings is not legal advice, is not intended to be legal advice, is not to be acted on as such, and is subject to change without notice.
TERMS OF SERVICE
1. GENERAL RULES AND DEFINITIONS
b. We may change, add, or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site, and by continuing to use this Site, you agree to any changes.
c. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, IMMEDIATELY CEASE YOUR USE OF THIS WEBSITE, UNSUBSCRIBE TO THE BLOG BY FOLLOWING THE UNSUBSCRIBE LINK AT THE BOTTOM OF EMAIL ALERTS, OR LOG INTO WORDPRESS.COM AND FOLLOW THE INSTRUCTIONS. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
d. We may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
e. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights. Any such license is revocable at any time without notice and with or without cause.
2. NO ATTORNEY-CLIENT RELATIONSHIP
a. The Site is presented for informational purposes only. Your use of any of the Site does not create an attorney-client relationship with Lori B. Rassas or LBRLLC, nor does such use constitute the receipt of legal advice from Lori B. Rassas or LBRLLC. A detailed confidential discussion of your specific circumstance with an attorney(s) is an integral and necessary component of being represented in a legal capacity, and neither LBRLLC, nor Lori Rassas, is offering legal advice or legal services of any kind whatsoever through this website. No user of the Site, whether or not the user is an existing client of LBRLLC, should act or refrain from acting based on the content of any of the Site without seeking appropriate legal counsel from a properly licensed attorney. Although the information contained in the Site is not intended to be advertising, some material may be considered advertising under the professional rules of conduct in some states. The information is not intended to be legal advice and LBRLLC is unable to represent a client that may come to the firm for legal assistance from a jurisdiction where the material provided on the relevant Site does not comply with local state ethics rules, if that client came to us directly as a result of material they viewed on such Site.
3. CONTENT OF THE SERVICES
a. The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published in the Services (including, but not limited to, news articles, photographs, images, illustrations, audio clips, and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by LBRLLC, the party credited as the provider of the Content, or the creator who maintains the copyright, whether explicitly stated or not. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
b. The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, (except as provided in Section 2(c) of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
c. You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from LBRLLC, or the copyright holder identified in the copyright notice contained in the Content. All rights reserved. d. The Content of the Services is owned or licensed to LBRLLC. Certain Content is furnished by third parties, who will not be liable for any delays, inaccuracies, errors, or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
e. The Services contain links to other related Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
4. SUBMISSIONS AND RULES OF CONDUCT
a. You are responsible for the information, data, personal information, and any other content that you upload, publish, modify, or display on or through the Site or Service (a "Submission" and collectively, the "Submissions").
b. You shall not submit any content ("Submissions") that: i. is false, inaccurate, or misleading; infringes on any third party's copyright, patent, trademark, ii. contains any computer programming routines such as viruses, Trojan horses, time bombs, or trade secret, or other proprietary rights, or rights of publicity or privacy; violates any law or regulation; is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech; is obscene or contains pornography; other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information; or iii. is not owned or controlled by you.
c. By uploading, publishing, modifying, or displaying Submissions to any part of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such Submission for any purpose on or in connection with the Service or Site.
d. You further agree not to use the Site or Service: i. to violate any applicable law; ii. for data mining or data gathering or extraction methods; iii. to interfere with another user's use of the Site or Service; iv. to disrupt security of the Site or Service or disrupt networks connected to the Site or v. to send or transmit "spam" or unsolicited messages; or vi. for a commercial purpose.
5. REPRESENTATIONS AND WARRANTIES
a. You represent, warrant, and covenant that you are at least eighteen years old, own or control any content of the Submissions, and shall abide by these Terms of Service as they may change from time to time. You hereby indemnify, defend, and hold harmless LBRLLC and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. LBRLLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. b. LBRLLC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
6. CREDIT CARD INFORMATION
a. We do not collect any personal information on this website other than email addresses provided through the blog subscription link. Any link connected to a third party, such as a link to purchase a book, training program, or other product or service, will be governed by the terms and conditions of those third party websites. You should review such third party terms and conditions before entering into any transaction. We are not liable or responsible for such third party transactions.
b. We do not collect or retain any personal information other than your email address provided for the blog subscription.
7. COMMUNICATIONS BETWEEN LBRLLC AND USERS
a. If you register for the LBRLLC email alerts and blog, LBRLLC reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service or Site if LBRLLC, in its sole discretion, determines the changes are significant and material. b. LBRLLC may contact you via email regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
8. SOFTWARE LICENSES
a. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign, or transfer any licenses granted by LoriRassas.com, and any attempt at such sublicense, assignment, or transfer shall be null and void. You may make one copy of such Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the Software.
a. LBRLLC may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
a. These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.
c. You agree to report any copyright violations of the Terms of Service to LBRLLC as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Site or if you have any other questions regarding these Terms of Service, please notify .
11. SITE CONTENT—DISCLAIMER AND LIMITATION OF LIABILITY
a. THE SITE AND ALL CONTENT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY RELATING TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE OUR SITES OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY SITE OR CONTENT IS ACCURATE, COMPLETE, AND ERROR FREE. ALTHOUGH LBRLLC ENDEAVORS TO ENSURE THAT THE CONTENT OF EACH SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH IT IS UNDER NO OBLIGATION TO DO SO), LBRLLC IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED USE. YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR SITES.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, COST, AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR SITES, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF OUR SITE OR CONTENT, OR OUR TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
c. THIS SECTION 11 DOES NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW, THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).
d. The Terms of Service cannot be modified except as described herein or in a written amendment signed by an authorized representative. No electronic or digital communication of any kind is to be construed as a "writing" for purposes of amending or modifying our Terms and Conditions or the rights or obligations of the parties hereunder. Any provision that must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any claim, demand, or action against us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
WHAT INFORMATION DO WE GATHER ABOUT YOU?
The information gathered when you interact with the Site and Services falls into two categories: (1) Personal information, which includes personal information you supply when you provide your email address or use the contact form, and (2) non-personal information collected through technology, which includes tracking information collected by us, as well as third parties.
Terms not defined herein have the definition set forth in the Terms of Service.
Personal Information That You Give Us
Registration for the Services may require that you supply certain personal information, including a unique email address, to register.
Billing and Credit Card Information
Although this is not currently being done, in the future we may offer you opportunities to engage in public activities on the Site that are designed to be visible to other users. Any information you disclose in your Submission becomes public and may be used by Lori B. Rassas, LLC for online and offline promotional or commercial uses in any and all media. If you choose to engage in public activities, you should be aware that any personal information you submit can be read, collected, and used by other users of these areas. We are not responsible for the personally identifiable information you choose to submit in the course of your public activities, and we have no responsibility to publish, take down, remove, or edit any of your public activities or submissions. Third parties may publish such Submissions or information contained therein. For more information, see the Terms of Service. We are not responsible for any personal information you choose to make public via your public activities, and you agree that such sharing will be deemed to have been done by you, not Lori B. Rassas, LLC.
Contests, Sweepstakes, and Special Offers
LBRLLC may collect personal information from you when you participate in sweepstakes, contests, or special offers. If this information is also being collected by a third party other than LBRLLC, we will notify you at the same time. If you do not want any personal information shared, you should not participate in the sweepstakes, contests, or special offers.
Reader Surveys, Reader Panels, and Market Research
The Site may collect personal information from you in connection with voluntary surveys conducted via the Services. The information you provide may be shared, but only in the aggregate, with third parties, unless we notify you otherwise at the time of collection.
Non-Personal Information Collected Using Technology
We may use various Internet technologies to manage or track the Services, collect information about your device, log your IP address, or track your reading history. In addition, many of these types of technologies may be used by WordPress.com, the host of the Site. Please review their privacy policies. We do not have control over the privacy policies established by WordPress.com.
WHAT DO WE DO WITH THE INFORMATION WE GATHER ABOUT YOU?
Provide the Services You Request
We use the information we gather about you to enable your use of the Services and fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in and renew paid services, polls, contests, and message boards.
If you subscribe to the Site, LBRLLC will periodically send you email newsletters or promotional emails about other products or services. If you no longer wish to receive a newsletter, follow the “unsubscribe” instructions located near the bottom of each newsletter. To manage your newsletter preferences, please contact and indicate your wish to unsubscribe.
WHAT IS OUR EMAIL POLICY?
LBRLLC complies with the federal CAN-SPAM Act of 2003. We will not send you marketing messages if you have opted out of subscribing to the Site. We will not share, sell, rent, swap, or authorize any third party to use your email address for commercial purposes without your permission. If you feel you have received an email from us in error, please contact .
Survey Email. We may send you an email inviting you to participate in user surveys, asking for feedback on the Site and existing or prospective products and services, as well as information to better understand our users. User surveys greatly help us to improve the Site and Services, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
Emails From You. If you send us emails, you should be aware that information disclosed in emails may not be secure or encrypted, and thus may be available to others. We suggest that you exercise caution when deciding to disclose any personal or confidential information in emails. We will use your email address to respond directly to your questions or comments.
IS MY INFORMATION PROTECTED?
We have commercially reasonable physical, technical, and administrative controls to protect the information. Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure.
Compliance With Legal Process
We may disclose personal information if we are required to do so by law or we have a good faith belief that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the Services; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
COPPA Compliance. LBRLLC does not knowingly collect or store any personal information about children under the age of 13.
Changes to This Policy
LBRLCC reserves the right to change these policies at its sole discretion. Any such changes will be posted on this page. If we make a significant and material change in the way we use your personal information, the change will be posted on this page in a reasonable period of time, likely at least seven (7) days prior to taking effect, and registered users will be notified via email.