Terms of service

IMPORTANT INFORMATION

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR MAKING A PURCHASE!

TERMS OF USING THIS SITE

These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

TheLawTog permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy, which is incorporated herein by reference. TheLawTog will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. TheLawTog will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. TheLawTog is the sole manager of such information collected on the Sites. TheLawTog will use such information to respond to you as necessary. You grant TheLawTog a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

WHAT WE DO

TheLawTog is a resource through which you may obtain general business and legal understanding. It provides an online download service for individuals who choose to prepare legal and business documents on their own. Specifically, the Sites, services, and Products help you identify business and legal problems andother issues commonly encountered in the photography industry. Services, Products and any other information available through the Sites do not constitute legal advice. TheLawTog is not a law firm and is not a substitute for an attorney or law firm. Communications between you and TheLawTog are protected by our privacy policy, but are not protected by any legal privilege, including the attorney-client privilege or work product doctrine. TheLawTog cannot provide legal advice nor draft specific legal forms for a specific entity, individual or situation. The legal forms and templates contained herein are for general use. TheLawTog cannot provide any kind of advice, explanation, opinion, or recommendation to you about possible legal rights, remedies, defenses, options, selection of forms or strategies. TheLawTog provides general documents we hope will be helpful to those of you who have chosen to complete your own legal documents. While TheLawTog makes an effort to keep our legal documents current and updated, because the law is constantly changing and varies among jurisdictions, TheLawTog can in no way guarantee the effectiveness of its services, Products or any materials in any particular jurisdiction. Although a specific document may be adequate in general circumstances, TheLawTog cannot guarantee that it will be effective in every application or circumstance. Please keep in mind that the general legal information provided on the Sites and otherwise available through the Products is not legal advice and cannot be guaranteed to be correct or accurately and regularly updated. If you should need legal advice for a particular or more complex matter, TheLawTog strongly encourages you to consult with a licensed attorney in your area.

OWNERSHIP OF THIS SITE AND ITS CONTENT

This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of the Site or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

YOUR OBLIGATIONS

In consideration of your use of this Site, you agree that to the extent you provide personal information to the Site it will be true, accurate, current, and complete and that you will update all personal information as necessary.

NO ATTORNEY-CLIENT RELATIONSHIP

Please keep in mind that nothing contained on the Sites or available through the Products, Materials and services of TheLawTog is intended to form an attorney-client relationship. Your interaction with TheLawTog in any capacity does not form such a relationship. TheLawTog’s performance of services offered through or advertised by the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an attorney-client relationship in any particular circumstance.

INTELLECTUAL PROPERTY LICENSE

TheLawTog owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements,and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as apart of TheLawTog’s services, and; (d) any other intellectual property rights afforded to TheLawTog, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, TheLawTog does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites. You agree not to make unauthorized use of or otherwise infringe upon TheLawTog’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. TheLawTog will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than TheLawTog to help support the maintenance of the Sites. TheLawTog does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release TheLawTog from any loss or damage incurred from dealing with such affiliate.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

The Site does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized spokespersons.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATENEMENTS, ADVICE AND OPINONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

STOCK PHOTOGRAPHY

Stock photography may be used on the Sites–all images are being used under license through the company providing the stock images.

SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

INDEMNITY

You agree to indemnify, defend and hold harmless the Site harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.

THESE TERMS OF USE MAY CHANGE

These Terms of Use are current as of the effective date set forth above. The Site reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and the Site with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Site with respect to this Site and your use of this Site.

DEFINITIONS

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.

The terms “TheLawTog,” “we,” “us,” and “our” refer to The Brenke Group, LLC dba TheLawTog.

The term “including” means “including, but not limited to.”

The term “Site” refers to any website owned by The Brenke Group, LLC. on which these Terms of Use are posted.

TERMS OF PRODUCT PURCHASE AND USE

The following is a legal agreement between you (“user”) and the TheLawTog (defined below), which governs your use of Products (defined below) obtained by purchase through this website at TheLawTog.com, or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual userwho may interact with this site, and “we”, “us” and “our” refer to The Brenke Group, LLC, doing business as TheLawTog (“TheLawTog”). “Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchaseor for which you supply personal informationin exchange, including free downloaded material or other information available through the Sites, obtained from TheLawTog. All such Products are the intellectual property of and are owned by TheLawTog. By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of TheLawTog’s Products immediately. Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

LICENSE FOR USE OF PRODUCTS

So long as you comply with this Terms of Use, TheLawTog grants you a non-exclusive, non-transferable license to download, view, edit, copy and print the Products you purchase solely for your individual use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you: (1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms.

Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.

PURCHASE POLICIES

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Purchases will be available to download for 72 hours from time of purchase. TheLawTog is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and TheLawTog will not reimburse you for such downloads. For the safety of your purchase all emailed links will expire. Please immediately download and back-up. TheLawTog provides an online account for access as a courtesy and should not be relied upon for purchase access. At the discretion of TheLawTog® documents purchased after January 1, 2020 may be made available for a retrieval fee of $25.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. THELAWTOG OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THELAWTOG MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES. LIMITATION OF LIABILITY AND INDEMNIFICATION EXCEPT AS PROHIBITED BY LAW, THELAWTOG SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTALDAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THEREIS LIABILITY FOUND AS TO THELAWTOG, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

All Terms shall be construed in accordance with, and governed in all respects by, the laws of the Commonwealth of Virginia. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the City of Fredericksburg, Virginia. TheLawTog reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of TheLawTog’s Products, Materials and services

Any questions regarding the above Terms may be directed to: Rachel@thelawtog.com

----------

SCOPE OF THIS POLICY

This Privacy Policy applies to all users of this Site. By using this Site you are agreeing to comply with and be bound by this Privacy Policy with The Brenke Group, LLC (“TheLawTog” “Rachel Brenke”, “we” or us”). If you do not agree to this Privacy Policy, you may not access or use this Site.
This online privacy policy (this “Policy”) applies only to information collected through this website on which it is posted. It does not apply to information collected through other channels, such as over the phone or in person.
Some of the information we collect through this Site may be “personal information”—information that identifies you personally, alone or in combination with other information available to us. Other information may be nonpersonally identifiable, such as information collected by cookies.

YOUR CONSENT

By using this Site, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Policy (and any Privacy Notices that apply to you). If you do not consent to the collection, use, disclosure and transfer of your information as described in this Policy (and any Privacy Notices that apply to you), you may not use this Site. If you have questions about this Policy, or any Privacy Notice, please contact us using the information provided below.

OUR TERMS OF USE

This Policy is part of the Terms of Use that govern your use of this Site. A link to our Terms of Use is provided at the bottom of each page of this Site.

YOUR CHOICES

We respect your right to make choices about the ways we collect, use, and disclose your information. This Policy describes some of your choices, such as your choice to opt out of receiving “cookies.” We may ask you to indicate your choices at the time and on the page where you provide your information.
You may change previously expressed preferences regarding how we use your information. If at any time you wish to be taken off our mailing lists, please contact us using the information provided below.

PERSONAL INFORMATION

The Site must collect some information from you (“Identifier Information”) to allow you to use and access services, products and materials. Identifier information is information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, or an online identifier.

Types of Information

Identifying information such as your name, addresses, telephone numbers or email addresses when you register for an account with us
Financial information (such as credit card or bank account numbers) in connection with a transaction
Postage, billing and other information used to purchase an item
Additional information we are required or authorized by applicable national laws to collect and process in order to authenticate or identify you or to verify the information we have collected
Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history, and your web log information

What do we use it for?

Generally, we use the information we collect through this Site:

to provide the information, products and services you request;
to provide you with effective customer service;
to provide you with a personalized experience when you use this Site;
to contact you with information and notices related to your use of this Site;
to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
to improve the content, functionality and usability of this Site;
to better understand your needs and interests;
to improve our products and services;
to improve our marketing and promotional efforts;
for security, credit or fraud prevention purposes; and
for any other purpose identified in an applicable Privacy Notice, click-through agreement or other agreement between you and us.
for good faith compliance with the law, a court order or a subpoena.

How long is information retained?

We generally retain your information only as long as reasonably necessary to provide you the Services or to comply with applicable law.

How is information collected?

Information You Manually Provide. The Site collects the information you manually provide (using your keyboard, mouse, or touchpad) when you use this Site, for example, we collect the information you provide when you request service, send us questions, or otherwise interact with this Site. Some of the information you manually provide may be personal information, such as your name and contact information.

Information from your browser or device. The Site collects information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings. The information we receive from your web browser and device typically is not, in and of itself, personally identifiable. However, we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you.

Information Collected by Cookies and Other Technologies. We use “cookies” and other technologies to collect information and support certain features of this Site.
- Cookies (a) Collect data about the way you interact with our Site (e.g., when you use certain features or upload attachments), (b) Collect data to assess and improve our advertising campaigns, (c) Allow our business partners (including third-parties) to use these tracking technologies to track your behavior on our behalf on our Site (including when you use multiple devices) and on partner websites, (d) Enable third-parties to collect data about the way you interact across sites outside of our Site. And (e) Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users. You can manage your cookie’s data through your web browser’s settings.

Web beacons or pixels:These are tiny graphics with a unique identifier that are used to understand browsing activity. In contrast to cookies, these are rendered invisibly on web pages when you open a page.

Social widgets:These are buttons or icons provided by third-party social media providers that allow you to interact with those social media services when you view a web page or a mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by the third parties.

UTM Source codes:These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when a user moves from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.

Keep in mind, we do not sell, license, or otherwise disclose your personal information to third-parties for their marketing purposes without your consent.

YOUR RIGHTS

We respect your right to access, correct, request restriction or deletion or request of our usage of your personal information and data collected as required by applicable law. We also take steps to ensure that the personal information we collect is accurate, up to date and in accordance with our Data Protection Policy. After verification of identity you have the right to:

know what personal information and data we maintain about you
request a copy of your personal information in a structured, commonly used and machine-readable format
request update to your personal information if it is incorrect or incomplete
request we cease our processing of your personal information and data
request us to delete or restrict how we use your personal information, but this right is determined by applicable law and may impact your access to some of our Services

In order to exercise any of these rights within this Policy, please contact the Data Protection officer listed in this Policy.

CALIFORNIA USERS

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. At this time, we do not have a DNT signal policy. Until further privacy regulations and guidelines are published, we will adhere to this policy.

THIRD-PARTY COOKIES

In addition to the cookie we deliver to your computer or mobile device through this Site, certain third-parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites.

Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors over time and across nonaffiliated websites and/or delivering targeted advertisements either on this Site or on other websites.

DATA PROTECTION PLAN

We take a number of steps to protect your data, but no security is guaranteed.

We take precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Wherever we collect sensitive information, that information is encrypted and transmitted to us by secure servers. We have included common indications of such secured features when appropriate such as a closed lock icon in your web browser. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

TEXT MARKETIN AND NOTIFICATIONS:
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 5 a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

OPTING OUT OF COMMUNICATIONS

If you do not wish to receive marketing communications from us, you can unsubscribe via the link in an email you have received.

CHILDREN'S PRIVACY

You must be at least 13 years old to have our permission to use this Site. We do not knowingly collect, use or disclose personal information about visitors under 13 years of age. If you are under the age of 13, please do not use this Site.

TESTIMONIALS

The Site may display personal testimonials of yours from time to time received via email or as otherwise received from you by the Site. If you would like the Site to remove your testimonial or customer review at any time, please simply contact us at the information included within this Policy., and we will promptly do so.

SURVEYS & CONTESTS

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

UPDATES AND CHANGES TO PRIVACY POLICY

We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting.

GOVERNING LAW

This Policy shall be governed under the laws of the Virginia, United States of America without regard to its conflicts of law provisions.

DATA PROTECTION INQUIRIES

If you have any questions or concerns regarding our notice or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you can file a complaint with our Data Protection Officer listed below and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue(s). Records will be kept of any requests.

Please contact our Privacy Department with any questions or concerns regarding this Privacy Notice. Please mark your questions or concerns; ATTN Data Protection Officer.

The Brenke Group, LLC DBA TheLawTog

info@thelawtog.com

-------

AFFILIATE TERMS OF USE

This Affiliates Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in The Brenke Group, LLC Affiliates Program (the “Program”). “We,” “us,” or “our” means The Brenke Group, LLC or any of its affiliate companies (excluding those that sell retail products), as the case may be. “You” or “your” means the applicant. A “site” means a website. “Blog site” means the www.thelawtog.com site. “Your site” means any site(s) and any software application(s) that you link to the blog site.

BY SIGNING UP FOR THE AFFILIATE PROGRAM YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE BLOG SITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT, INCLUDING THE AFFILIATE PROGRAM REQUIREMENTS. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.

Description of the Program. The purpose of the Program is to permit you to advertise Products on your site and to earn advertising fees for Qualifying Purchases (defined in Section 7) made by your end users. A “Product” is any item sold on the Blog site, other than any product that is listed on this page collectively, “Excluded Products”). In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program (“Content”). Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Blog site.
Enrollment. To begin the enrollment process, you must sign up at the appropriate affiliate link. We may reject your affiliation if we determine that your site is unsuitable.

Unsuitable sites include those that:
(a) promote or contain sexually explicit materials;
(b) promote violence or contain violent materials;
(c) promote or contain libelous or defamatory materials;
(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) promote or undertake illegal activities;
(f) include any trademark of this blog or its affiliates, or a variant or misspelling of a trademark of This blog or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site or
(g) otherwise violate intellectual property rights.
Links on Your Site. You may display Special Links on your site. “Special Links”are links to the Blog site that you place on your site in accordance with this Operating Agreement, that properly utilize the special “tagged” link formats we provide, and that comply with the requirements herein. Links permit accurate tracking, reporting, and accrual of advertising fees. You may earn advertising fees only as described in Section 7 and only with respect to activity on the Blog site occurring directly through Special Links. We will have no obligation to pay you advertising fees if you fail to properly format the links on your site to the Blog site as Special Links, including to the extent that such failure may result in any reduction of advertising fee amounts that would otherwise be paid to you under this Operating Agreement,
Program Requirements. By participating in the Program, you agree that you will comply with all pages, schedules, policies, guidelines, and other documents and materials referenced in this Operating Agreement (collectively, “Operational Documentation”). You will provide us with any information that we request to verify your compliance with this Operating Agreement or any Operational Documentation. In addition to any other rights or remedies available to us, we may terminate this Operating Agreement, withhold (and you agree you are not eligible for) any advertising fees payable to you under this Operating Agreement, or both, if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether in respect to any existing or previously terminated Affiliates account: have not complied with any requirement or restriction or have otherwise violated this Operating Agreement;

In addition, you hereby consent to us: sending you emails relating to the Program from time to time; monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Special Links (e.g., that a particular customer clicked through a Special Link from your site before buying a Product on the Blog site) and monitoring, crawling, and otherwise investigating your site to verify compliance with this Operating Agreement and the Operational Documentation.
Responsibility for Your Site. You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
the technical operation of your site and all related equipment; displaying Special Links and Content on your site in compliance with this Operating Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site); creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Product descriptions and other Product-related materials and any information you include within or affiliate with Special Links); using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights); disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers; and any use that you make of the Content and the This blog Marks, whether or not permitted under this Operating Agreement. We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section 5; (c) your use of any Content, whether or not such use is authorized by or violates this Operating Agreement, any Operational Documentation, or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation; or (e) your or your employees’ negligence or willful misconduct.
Order Processing. We will process Product orders placed by customers who follow Special Links from your site to the Blog site. We reserve the right to reject orders that do not comply with any requirements on the Blog site, as they may be updated from time to time. We will track Qualifying Purchases (defined in Section 7) for reporting and advertising fee accrual purposes and will make available to you reports summarizing those Qualifying Purchases.
Advertising Fees. We will pay you advertising fees on Qualifying Purchases in accordance with Section 8. Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when the customer purchases through the provided special link.
Qualifying Purchases exclude, and we will not pay advertising fees on any of, the following: any Product purchase that is not correctly tracked or reported because the links from your site to the Blog site are not properly formatted;
any Product purchased through a Special Link by you or on your behalf, including Products you purchase through Special Links for yourself, friends, relatives, or affiliates (e.g., personal orders, orders for your own use, and orders placed by you for or on behalf of any other person or entity); any Product purchased for resale or commercial use of any kind; any Product purchased after termination of this Operating Agreement; any Product order that is canceled or returned; and any Product purchased by a customer who is referred to the Blog site through any of the following:a Prohibited Paid Search Placement; or a link to the Blog site, including a Redirecting Link, that is generated or displayed on a Search Engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that site or otherwise.
“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Redirecting Link” means a link that sends users indirectly to the Blog site via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage. “Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
Advertising Fee Payment. We will pay you advertising fees on a monthly basis for Qualifying Purchases shipped, streamed, or downloaded (as applicable) in a given month, subject to any applicable withholding or deduction described below. We will pay you approximately 60 days following the end of each calendar month using the following payment method. We will directly deposit the advertising fees you earn into the Paypal account you designate, but may accrue and withhold advertising fees until the total amount due to you is at least $10.

Your commission fees are set at time of sign up for the affiliate program and may change without notice.

We may be obligated by law to obtain tax information from you if you are a U.S. citizen, U.S. resident, or U.S. corporation, or if your business is otherwise taxable in the U.S. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or remedies available to us) withhold your advertising fees until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
Policies and Pricing. Customers who buy products through this Program are our customers with respect to all activities they undertake in connection with the Blog site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Blog site will apply to those customers, and we may change them at any time.
Identifying Yourself as an Affiliate. You will not issue any press release or make any other public communication with respect to this Operating Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement. You must, however, clearly state the following on your site: “[Insert your name] is a participant in the this blog’s affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to TheLawTog®.”
Limited License. Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising Products on, and directing end users to, the Blog site in connection with the Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you. The license set forth in this Section 11 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Operating Agreement or any Operational Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the license set forth in this Section 11 in whole or in part upon written notice to you.
You will promptly remove from your site and delete or otherwise destroy all of the Content and this blog Marks with respect to which the license set forth in this Section 11 is terminated or as we may otherwise request from time to time.
Reservation of Rights; Submissions. Other than the limited licenses expressly set forth in Section 11, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Operating Agreement or otherwise, acquire any ownership interest or rights in or to, the Program, Special Links, link formats, Content, any domain name owned or operated by us or our affiliates, Operational Documentation, our and our affiliates’ trademarks and logos (including the This blog Marks), and any other intellectual property and technology that we provide or use in connection with the Program. If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Operating Agreement, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, “Your Submission”), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.
Compliance with Laws. In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003).
Term and Termination. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Operating Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and promptly remove from your site and delete or otherwise destroy all links to the Blog site, all this blog advertisements, all other Content, and any other materials provided or made available by or on behalf of us to you under this Operating Agreement or otherwise in connection with the Program. We may withhold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of this Operating Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 5, 9, 10, 12, 13, 14, 16, 17, 18, 19, and 20, together with any accrued but unpaid payment obligations of us under this Operating Agreement, will survive the termination of this Operating Agreement. No termination of this Operating Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Operating Agreement prior to termination.
Modification. We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the this blog.com site.
…
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE THIS BLOG.COM SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties. You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf.

You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.
Limitation of Liability. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, OPERATIONAL DOCUMENTATION, THE BLOG SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE BLOG SITE, AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
Disclaimers. THE PROGRAM, THE BLOG SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE BLOG SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, RACHELBRENKE.COM AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE THIS BLOG MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS“) ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE BLOG SITE, OR THE AFFILIATE-PROGRAM.THIS BLOG.COM SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.
Disputes. Any dispute relating in any way to the Program or this Operating Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern this Operating Agreement and any dispute of any sort that might arise between you and us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Operating Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $500 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Notwithstanding anything to the contrary in this Operating Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
Miscellany. You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement or operate sites that are similar to or compete with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

Our failure to enforce your strict performance of any provision of this Operating Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Operating Agreement. Whenever used in this Operating Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.” Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Operating Agreement, may be made, taken, or given in our sole discretion.

Terms of service

IMPORTANT INFORMATION

TERMS OF PRODUCT PURCHASE AND USE

AFFILIATE TERMS OF USE

The 411

Links

Need Help?

Get in touch