THE LEGAL SUPPLEMENT TERMS OF USE

1.  Introduction

Thank you for joining The Legal Supplement. Whether you’re a fitness and training entrepreneur, or simply interested in reading the blog posts and comments, we welcome you to the blog. This document constitutes a legally-binding agreement (“Agreement”) governing “use” of this website. The term “use” includes any activity on the blog, whether reading, commenting or copying/reproducing content. But just because an activity constitutes use, doesn’t mean that its permissible use (i.e. copyright infringement). Throughout this document, the words “us,” “we,” and “our,” refer to The Legal Supplement, its creator and author Paul Ticen and anyone acting on his behalf. The words “you,” “user” and “your” refer to you, the person who is being presented with this document for your agreement. Our Privacy Policy, available elsewhere on this website, is hereby incorporated as a part of this Agreement by reference, and you are agreeing to the Privacy Policy to the same extent that you are agreeing to the Terms of Use in this document.

2.  Description of Service

The Legal Supplement is a blog dedicated to helping fitness and training entrepreneurs become aware of different legal issues. We provide general legal information only that is strictly for educational purposes. We also permit a user the ability to post comments. Use of The Legal Supplement, including any exchange of comments with us, does not create an attorney-client relationship with Mr. Ticen. If you are interested in hiring Mr. Ticen to provide legal services, please review the Services page to determine whether he practices in an area and jurisdiction that fits your needs. And a separate engagement letter will need to be signed before an attorney-client relationship is established. For more information visit the Contact section.

3.  User Accounts

You are not required to create accounts before using The Legal Supplement. However, The Legal Supplement does collect certain user information as set forth in the Privacy Policy section.

4.  Disclaimer

The Legal Supplement’s content is general legal information and shall be used for educational purposes only. And the information should not be relied upon by a reader to resolve a particular legal issue. Posts and discussions offer only a general and broad discussion of different legal issues and topics. Every specific legal issue or case significantly depends on the unique facts and circumstances. And the body of law (statutes, common law, regulations or ordinances) governing the case may substantially differ. For example, the same case and set of facts may have one result in Arizona but a different result in North Carolina, Texas or Minnesota. So relying upon a general and broad discussion of legal issues and topics, without hiring a lawyer to factor in and consider the unique facts and circumstances, is a recipe for disaster. So consult with a competent lawyer who is licensed in your jurisdiction.

All opinions expressed in a The Legal Supplement blog post are Paul Ticen’s opinion. None of the opinions shall be attributed to or imputed to any law firm Paul Ticen is affiliated with or any other lawyer with whom Paul Ticen practices.

5.  Publication

User agrees and acknowledges that:
(a) The Legal Supplement has sole discretion to decide what user submitted content is published or not. Also, The Legal Supplement may authorize certain users to submit and post content without The Legal Supplement reviewing the content before it’s published.
(b) The Legal Supplement reserves the right to edit, disable and/or remove any content that violates applicable federal and state law.
(c) The Legal Supplement may edit, remove or disable any content for any lawful purpose even though the content does not violate applicable federal and state law.
(d) The Legal Supplement has no obligation to edit, remove or disable any content unless required by applicable federal or state law.
User also agrees that he or she will not violate applicable federal or state law by submitting any content. If you have any questions concerning any legal liability arising from, related to or in connection with submitting content to The Legal Supplement for publication, please seek guidance from a licensed attorney.

6.  Intellectual Property

The Legal Supplement respects the intellectual property rights belonging to another. You agree not to infringe upon the intellectual property rights of any other individual or entity. This includes, but is not limited to, posting copyrighted content or embedding links that take other users to websites where infringing activity is occurring. Further, you have no rights to any of our intellectual property, including but not limited to the name The Legal Supplement, our logo and any content posted to this site, including both comments and posts. However, any original content that you post to the comment section is your intellectual property. But in exchange for the right to use The Legal Supplement, you provide us with a worldwide, perpetual, fully paid up, irrevocable, license to use and distribute such content, including the aggregation of it, and you waive all claims you have and have no recourse against us for any infringement.

7.  Trademarks and Copyrights

The Legal Supplement is a trademark used by us, to uniquely identify a blog that offers services of legal general information and education. You agree not to use this mark in commerce anywhere, without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our blog or its design, without our prior written consent. Last, you agree not to copy, distribute, transform or publicly display our copyright in The Legal Supplement logo prominently displayed at the top of the blog or any of the posted content, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

8.  Revocation of Consent

Where The Legal Supplement has given prior written consent for your use of our protected material in accordance with our above “Trademarks and Copyrights” provision, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.

9.  Copyrighted Infringement and DMCA

By posting content on The Legal Supplement, you agree that you have the authority to do so and that you are not infringing on anyone else’s rights as a result of doing so. It is your responsibility to know whether content violates the copyright of another. We do not allow copyright infringement to occur on our blog. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact us at:

paul@thelegalsupplement.com

The DMCA notice should identify the name of the copyright owner and, if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on our blog, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must sign the notice, and if you send it by e-mail, an electronic signature is acceptable.
Please note, 17 U.S.C. § 512(f) imposes liability on those who may want to try and file a false or fraudulent DMCA notice in an attempt to remove member Content or other content from the Site. We will not tolerate fraudulent DMCA notices, and will seek every remedy available to us to protect ourselves from these including seeking damages and attorneys’ fees arising from anyone who submits such a notice, and their accomplices.
If a user is unsure whether content he/she wants to post infringes upon the copyright of another, or third party is unsure how to comply or unable to comply with §512(c)(3), please consult with a licensed attorney.

The Legal Supplement has adopted and implemented a repeat infringer policy. In accordance with that policy, The Legal Supplement will refuse to publish comments by a particular user under appropriate circumstances pursuant to the DMCA.

10.  Liability Limitations

The Legal Supplement shall not be liable for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damages arising from or related to your use of our blog or any content contained therein, even if we have been advised of the possibility of such damages. The Legal Supplement is a provider of an interactive computer service and is not liable under 47 U.S.C. § 230 for liability to third parties relating to, arising from or in connection with User submitted content. And The Legal Supplement is not liable for a user’s copyright infringement under 17 U.S.C. § 1201. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount.

11.  Indemnity and Defense

You agree to indemnify, hold us harmless and defend The Legal Supplement, Paul Ticen his law firm or any other law firm he’s affiliated, including any associates, employees, agents, or any representatives for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damages by any other user or third party which may relate to, arise from or in connection with any content submitted by You, your breach of the Legal Supplement’s Terms of Use or Privacy Policy, or your violation of any applicable law. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

You also agree that you have a duty to defend us against such claims, actions, petitions, demands for arbitration and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this duty requires that you pay for our reasonable attorneys’ fees, court costs, and disbursements.

12.  External Link Disclaimer

Users may provide links to third party websites. The Legal Supplement does not warrant, sponsor or endorse any third party website unless The Legal Supplement clearly indicates its sponsorship or endorsement of a particular link to a third party website. But The Legal Supplement does not warrant the safety of any third party website, including those it clearly indicates to Users that it sponsors or endorses. The Legal Supplement expressly disclaims any affiliation, association, agreement or relationship with any third party website. User agrees not to hold The Legal Supplement liable for any injury or damage arising from, related to or in connection with clicking on a link to a third-party website. User assumes all risk by clicking on a link to third party websites.

13.  User Age

User represents that he or she is at least thirteen years of age, or that he or she is using The Legal Supplement, whether submitting content or viewing content, with parental consent, supervision or guidance.

14.  Privacy Policy

Certain information is collected about every user submission, except comments. For a more detailed explanation please see The Legal Supplement’s privacy policy.

15.  Choice of Forum and Law

Without waiving any immunity provided by Congress, any state legislature, and disclaimers of liability set forth in The Legal Supplement’s website, should a dispute arise between any User and The Legal Supplement, User agrees to bring a lawsuit in federal or state court in Arizona. And that Federal or Arizona law will govern any such dispute, depending on what claims for relief are asserted.

16.  Severability Clause

If The Legal Supplement’s Terms of Use or Privacy Policy contain any provision or portion of a provision that is declared void and unenforceable by a court of competent jurisdiction, such provision or portion of a provision shall be deemed severed from the terms of use, privacy policy or copyright policy, which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision shall be reduced, narrowed and/or the like and so enforced.

17.  Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

18.  Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will notify you and request that you agree to the amendments. You may refuse to agree to the amendments, but if you do, you must immediately cease using The Legal Supplement.