WELCOME TO DOUGMARKSLAW.COM, WHICH IS OWNED AND OPERATED BY DOUG MARKS LAW, PLLC (“DOUGMARKSLAW.COM,” “COMPANY,” “WE,” OR “US”). BY VISITING OR ACCESSING DOUGMARKSLAW.COM OR ANY OF ITS RELATED MOBILE APPLICATIONS (INDIVIDUALLY AND COLLECTIVELY, THE “WEBSITE”), OR BY USING ANY OF THE SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE, YOU AGREE TO ALL THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS” OR “AGREEMENT”).
YOU ALSO REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE, AND THAT, IF YOU ARE ACCESSING THE WEBSITE ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH COMPANY OR OTHER ENTITY AND TO BIND IT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. THIS IS A BINDING CONTRACT AND IS ENFORCEABLE IN A COURT OF LAW.
2. Services. In an effort to make the Website as useful as possible, we may offers services for users, members, and subscribers (“Services”). The Services are offered under the terms of this Agreement, including the warranty disclaimers and liability limit provisions. The “Services” do not include the legal services provided by Doug Marks or Doug Marks Law, PLLC. Legal services are governed by a separate engagement agreement and are not related to the
3. Law Firm Provisions. The Website is meant to advertise the services offered by attorney Doug Marks, who works with Kunzler Law Group as “of counsel” and who occasionally provides legal services through Doug Marks Law, PLLC. Be aware that communications with and from Doug Marks via the website do not constitute legal advice, unless you have entered into a written engagement agreement with Doug Marks. You are not entitled to rely in any manner on statements made on the Website, and you should always engage an attorney and disclose the details of your specific situation before relying on anything you read online, as general statements, while correct insofar as they go, may not apply in specific situations relevant to you.
4. Communications and Use of Ideas. When you visit the Website or send e-mails to us, you are communicating with us electronically, and you consent to also receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any comments, materials, or letters sent by you to Company, including, without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”), will be deemed by Company to be non-confidential and free of any claims of intellectual property or other personal rights. Company shall have no obligation of any kind with respect to such Received Materials, and Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, Company is free to use or sell any ideas, concepts, know-how, or techniques contained in any communication you send to Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, (including in connection with the sale, acquisition, or merger of Company or of all or substantially all Company’s assets) without compensation or any other obligations to anyone, including you.
5. License to Uploaded Materials. In the course of your use of the Website, you may upload reviews or create and upload other materials (“Uploaded Materials”) that may be covered by intellectual property laws and protections. By providing the Uploaded Materials, you grant us a perpetual, unrestricted, fully-assignable, worldwide, and royalty-free license to use such Uploaded Materials. Company shall have no obligation of any kind with respect to such Uploaded Materials, and Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Uploaded Materials without limitation or restriction (including in connection with the sale, acquisition, or merger of Company or of all or substantially all Company’s assets), without compensation or any other obligations to anyone, including you.
6. Warranty. By providing any Uploaded Materials, you warrant and represent that you have sole ownership of such Uploaded Materials and that they are free of any intellectual property claims by any third party.
7. Waiver of Restrictions. Various state and federal laws may restrict the use of personal information similar to the information you provide on the Website. By providing information, the use and collection of which may be restricted by law, you waive any protections or restrictions related to such information.
8. Use by Children Under 13. The Child Online Privacy Protection Act (“COPPA”) restricts website operators from collecting or using any personal information from individuals under the age of 13. In order to comply with COPPA, we do not target children under 13, nor do we knowingly collect any information from children under 13 or allow plug-ins or other services to collect such information. By using any of the Services or posting any information about yourself, you warrant that you are at least 13 years old. In addition, you may not post any photos or other information about any individual who is under 13.
9. Notices to Us. If you become aware of any materials posted by a child under age 13, or if you see any materials on the Website that you believe violate any copyright protections, please send us an e-mail at DougMarks@DougMarksLaw.com describing the violation you believe exists. If we become aware of any such items on the website, we will promptly take action to ensure we are in full compliance with all privacy and copyright laws.
10. License and Restrictions. Subject to the provisions of this Agreement, including any payment obligations, Company grants you a limited, non-exclusive, non-transferable right to access the Website and to use the Services. Except as expressly provided herein, Company retains all intellectual property rights to its intellectual property and the Uploaded Materials. The Website and Services involve information, methods and processes that contain valuable proprietary information and trade secrets of Company embodying substantial creative efforts and confidential information, ideas, and expressions. You agree that you will not attempt to modify, translate, disassemble, create derivative works based on, reverse-assemble, reverse-compile or otherwise reverse-engineer the Website, the Services, or any information obtained therefrom, in whole or in part, or otherwise use, copy, reproduce or distribute any such information. The provisions of this section shall survive the termination of this Agreement.
11. Your Account Data: You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right (but does not accept any obligation) to refuse service, terminate accounts, or remove or edit content in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services under your user account.
12. DISCLAIMER OF WARRANTY. THE SERVICES AND INFORMATION ON THE WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF THE WEBSITE, THE SERVICES, OR ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES, INCLUDING ANY REPRESENTATIONS REGARDING THE ADVENTURES RELATED ON THE WEBSITE, AND YOU AGREE TO HOLD COMPANY HARMLESS FROM AND AGAINST ANY SUCH CLAIMS. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITATION ON LIABILITY. IN NO EVENT WILL COMPANY, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF ANY ACCIDENT THAT OCCURS IN RELIANCE UPON THE INFORMATION PROVIDED BY THE WEBSITE, OR OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF $500.00. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE SERVICES CAN BE MADE AVAILABLE FOR FREE OR AT REDUCED PRICES, ONLY BECAUSE OF COMPANY’S RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
14. Indemnity and hold harmless. You agree to defend, indemnify, and hold harmless Company from and against any losses, claims, judgments, damages, settlements, including but not limited to third-party claims, which arise out of or are related in any way to (1) your use of the Website or of the Services, or information provided by us, (2) a claim that the Uploaded Materials infringe upon any intellectual property or privacy rights of any third party, (3) any claim of negligence that arises out of your participation in any adventure of which you learned from the Website, (4) any claim of a governmental entity that you have violated any law, rule, or regulation. You acknowledge that the information provided on the Website is for informational purposes only and that you are not entitled to rely on any information on the Website as legal advice. You agree that Company has no duty to you with regard to any claim that may arise out of your reliance upon the information provided by Company on the Website.
15. Outside Links and Services. Company uses tools provided by third parties as part of the Services. You agree to hold harmless Company from and against any claim based on the inaccuracy or other fault of such third party services.
16. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Idaho.
17. Attorney Fees. In case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.
18. Entire Agreement, Amendment. The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties.
19. Non-Waiver. No waiver of any provision of the Terms shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of the Terms shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.
20. No Third-Party Beneficiaries. Nothing in the Terms, express or implied, is intended to confer on any person, other than the parties to the Terms, any right or remedy of any nature whatsoever.
21. Headings. The headings used in the Terms are for ease of reference only. They are not intended as a complete re-statement of the matters contained under each heading, and you acknowledge that you have read and understand all the text of this Agreement, and not just the headings.
22. Content of Uploaded Material: You warrant and represent that you will not upload or post any material that is inappropriately violent, unduly graphic, pornographic, racist, or offensive, or that violates the intellectual property rights of any third party.
22. Severability, Binding Effect. If any provision of the Terms shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of the terms shall not be impaired. The Terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.
23. Force Majeure. Company will not be liable for, or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Company’s reasonable control.
24. Linking Policy. If you link to this Website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Company. The link to this website must not damage, dilute or tarnish the goodwill associated with any company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Company. You may not "frame" this Website or alter its intellectual property or material in any other way. You may not link to the Website from a site that is unlawful, abusive, racist, indecent or obscene, that promotes violence or illegal acts, that is libelous, defamatory, scandalous, or inflammatory, or that is otherwise deemed inappropriate, as determined by Company in its sole discretion. You may not link to the Website for purposes of harming the Website’s ranking in search engines. You agree that if Company requests that you remove a link to the Website, you will do so immediately without charge to Company. If you fail to remove any such link after request, you agree to pay Company’s costs incurred in enforcing this provision.