Terms of Use
THE WEBSITE IS PROVIDED UNDER THE TERMS AND CONDITIONS AS SET FORTH BELOW. BY USING AND/OR VISITING THIS WEBSITE (INCLUDING THE EXERCISE OF ANY RIGHTS TO THE WORKS PROVIDED ON OR DERIVED FROM THE DRONELAW.PRO, TRAVERSELEGAL.COM OR TCATTORNEY.TYPEPAD.COM DOMAIN NAMES (“WEBSITE”)) YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. TO THE EXTENT THESE TERMS OF USE MAY BE CONSIDERED A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.
THESE TERMS OF USE MAY BE MODIFIED BY TRAVERSE LEGAL PLC, IN ITS SOLE AND ABSOLUTE DISCRETION, AT ANY TIME. YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS AND AGREE TO PERIODICALLY REVIEW THE CURRENT VERSION OF THESE TERMS OF USE AT WWW.TRAVERSELEGAL.COM/TERMS.
I. Copyright
a. Each page of the Website and all Works contained therein is subject to the Copyright Notice.
II. Privacy and Protection of Personal Information
a. See the Privacy Statement disclosures relating to the Website and the collection and use of your information.
III. Representations and Warranties
a. No Warranty. UNLESS OTHERWISE MUTALLY AGREED TO BY THE PARTIES IN WRITING, TRAVERSE LEGAL PLC OFFERS THE WEBSITE AS-IS. TRAVERSE LEGAL PLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR WORKS CONTAINED THEREIN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
b. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL TRAVERSE LEGAL PLC, ITS MEMBERS, LAWYERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IV. Website Use
a. Content Ownership. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Traverse Legal PLC, subject to copyright, trademark, and other intellectual property rights under the law.
b. Applicability. These Terms of Use apply to all users of the Website, including Experts and the content and information they have contributed to the Website.
c. Liability. The Website may contain links to third party websites that are not owned, operated, or controlled by Traverse Legal PLC. Traverse Legal PLC has no responsibility for the content, terms of use, privacy policies, or practices of any third party websites, nor can Traverse Legal PLC censor or edit the content of any third party website. Your use of a third party website is at your own risk, and You expressly relieve Traverse Legal PLC from any and all liability arising from your use of any and all third party websites.
d. No Modification. You agree not to alter or modify any part of the Website or any of its related technologies.
e. Commercial Use. You agree not to use the Website for any commercial use without the prior written authorization of Traverse Legal PLC. Prohibited commercial uses include any of the following actions taken without Licensor’s express approval:
i. Sale of access to the Website or its related services on another website;
ii. Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and
iii. Use of the Website or its related services that Traverse Legal PLC finds, in its sole and absolute discretion, to use the Website or resources with the effect of competing with or displacing the market for Traverse Legal PLC.
f. Non-Commercial Use. Prohibited commercial uses do not include use that Traverse Legal PLC expressly authorized in writing.
g. Link Back. If you use any portion of a Work from the Website on your website, or that of a third party, you must include a prominent link back to the Website.
h. Compliance. You will otherwise comply with the terms and conditions of these Terms of Use as well as all applicable local, national, and international laws and regulations.
i. Continuity. Traverse Legal PLC reserves the right to discontinue any aspect of the Website at any time.
V. Indemnity.
You agree to defend, indemnify and hold harmless Traverse Legal PLC, its members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claims that the Expert Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
VI. Competency.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parents or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
VII. Assignment.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Traverse Legal PLC without restriction.
VIII. Miscellaneous
a. Choice of Law, Jurisdiction, and Venue. You agree that: (i) the Website shall be deemed solely based in Michigan; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Traverse Legal PLC, either specific or general, in jurisdictions other than Michigan. These Terms of Use shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and Traverse Legal PLC that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Grand Traverse County, Michigan or the Federal District Court for Western District of Michigan.
b. Severability. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of these Terms of Use, and without further action by the parties of these Terms of Use, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
c. Waiver. No term or provision of these Terms of Use shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
d. Entirety. These Terms of Use constitute the entire agreement between the parties. There are no understandings, agreements or representations with respect to the Website not specified here, or incorporated herein. Traverse Legal PLC shall not be bound by any additional provisions that may appear in any communication from You.
e. Limitation. YOU AND TRAVERSE LEGAL PLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright Notice
The following copyright information is provided for informational purposes only and should not be construed as legal advice. You should contact a licensed attorney should you require legal advice or representation. A copyright is a form of intellectual property protection provided to authors of “original works of authorship,” including literary, dramatic, musical, artistic, and other intellectual works. A copyright is owned by the creator of it, typically. Copyrights are registered by the Library of Congress’ Copyright Office. The Copyright Act of 1976 affords a copyright owner the exclusive right to:
- reproduce the copyrighted work;
- prepare derivative works;
- distribute copies or phonorecords;
- perform the copyrighted work publicly; and
- display the copyrighted work publicly.
A copyright protects the form of expression rather than the subject matter. For example, if Traverse Legal PLC writes an article outlining the steps to cyberpiracy prevention, Traverse Legal PLC has the right to prevent others from copying the article, sharing the article with others without permission, giving a presentation from the article, or publicly displaying the article on a website or otherwise. A violation of a copyright owner’s rights is known as copyright infringement.
The fact that a work is available on the Internet or somewhere else does not make it available for any use. Permission may be required to use a copyrighted work that is not in the public domain or subject to fair use. Not only are you prohibited from using all the rights reserved by Traverse Legal PLC in its copyrighted works, but Traverse Legal PLC must take down content uploaded by third parties that infringes upon some else’s copyright. If you believe anything hosted on a Traverse Legal PLC website infringes your copyright, please follow the Digital Millennium Copyright Act steps below:
Digital Millennium Copyright Act
a. Notice. If you are copyright owner or an agent thereof and believe that any Work or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. ¤ 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Copyright Agent. Traverse Legal PLC’s designated Copyright Agent to receive notifications of claimed infringement is:
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.