Please read this agreement carefully before using www.jdcle.com (the "Site") or accessing any programs, materials, features, products or services through the Site. By accessing or using the Site in any way, you agree to be bound by the terms and conditions set forth below, and you represent that you are over 18 years of age. If you do not agree with all of the terms and conditions below, you are not authorized to access or use the Site. JDCLE, LLC ("JDCLE", "us" or "we") hereby reserves the right to change, add or delete terms and conditions in our sole discretion, and such changes, additions or deletions shall be effective when posted; your continuing use of the Site shall indicate your agreement with such changes, additions and modification.
Disclaimer of Liability; No Service Warranties
Information that we collect from you during your use of this Site is subject to our Privacy Notice. JDCLE makes no warranty or guarantee concerning the accuracy or reliability of any content presented by JDCLE, its third party contributors, or otherwise contained in or accessed through the Site or on websites to which we link. In addition, the information, products and services offered on the Site are offered on an "as is" basis. Site information and materials, including continuing education programs, are intended to provide general information with regard to the subject matter covered and do not constitute legal advice or substitute for the advice of an attorney or other professional expert licensed to practice in the applicable jurisdiction. JDCLE and any third party provider who has contributed to content on the Site do not warrant that the information (including educational program materials) contained therein is complete or accurate and hereby disclaim liability to any person for loss or damage caused by your use of any program, accompanying materials, or other information or features contained on the Site. Laws and their interpretation change frequently; the subject matter within continuing education programs, materials, commentary, or other Site information and features can have important legal consequences that may vary from state to state and from one individual to the next. It is therefore your responsibility to know whether and to what extent this information may be applicable to your situation, to use your professional legal knowledge (if applicable) to evaluate that information, and, if necessary, to consult additional legal resources. JDCLE aims to keep its websites available at all times; however, connection, software and hardware failures have occurred in the past and may occur in the future. JDCLE disclaims any and all warranties, express or implied, regarding our Site. Among other things (which are discussed more fully below), these disclaimers apply to our website availability and service and by using the Site you agree that you understand these inconveniences and waive any claims you may have in relation to them.
Content Restrictions and Copyright
Unless otherwise noted (including with respect to RSS and job feeds), materials on the Site and its affiliated websites (including, but not limited to, audio and video programs, course materials, website layouts, coverflow art and other images, logos, code and software, the JDCLE name and trademarks, other trademarks, trade names, patents, and other intellectual property), belong to JDCLE and/or in certain instances to third party licensors. Other materials, including trademarks and certain copyrighted materials displayed on the Site, belong to third parties. Your use of the Site, affiliated sites, and content thereon do not grant you any license to use any of JDCLE's trademarks, service marks, trade names, or logos. You agree not to copy, reproduce, transmit, upload, sell, lend, transfer or otherwise distribute any of the content available through JDCLE without prior written permission from JDCLE, provided, however, that you may download, display and print one copy of the materials for each program on a single computer for your personal, professional educational (but otherwise non-commercial) use only so long as all copyright notices, trademarks and other proprietary notices are kept intact. Requests for permission should be addressed to firstname.lastname@example.org. You further agree not to reproduce, reverse engineer, copy, datascrape, create derivate works of, reverse compile, modify, lend, sell, transfer or distribute any of the software, applications or modules used on the Site. JDCLE and its third party providers may issue or confirm a username and password for you to enable you to access Site features; your use of the Site and such username and password are not transferable by you, and you may not permit any third party to access the Site with your username and password. You agree to keep your username and password confidential, and you are responsible for any activity that occurs under your username and password. If for any reason you believe that there has been unauthorized use of your username or password, you must immediately notify us and cooperate with us to resolve the matter.
Additional Terms Regarding Links to Third Party Websites
The Site contains links to websites operated by third parties (including websites that provide backend applications to JDCLE) that are not under the control of JDCLE. JDCLE does not endorse or warrant the reliability, accuracy or quality of any information, services or products displayed on such third party sites, and JDCLE hereby disclaims any liability for the content of such websites. You agree to waive any claims against JDCLE for any loss or damage of any nature suffered as a result of your access to such websites. If you use any such website, you agree that you do so at your sole risk.
Content Submitted by You
You agree that any message, information, data, text, software, image or other communication including but not limited to online discussion board postings, blog entries, materials, email, program submissions or any other type of communication that is submitted or transmitted by you (the "User Content") to JDCLE, its affiliates, vendors, employees or contributors, will not: (a) infringe on the proprietary rights of any third party, (b) give rise to any civil or criminal liability or be in any way unlawful, harmful, threatening, abusive, harassing, pornographic, libelous or otherwise defamatory or tortious obscene or otherwise objectionable or that may invade another's privacy or publicity rights; (c) impersonate any person or entity, use an alias identity, or falsely state or otherwise misrepresent your affiliation with any person or entity, (d) contain a virus, worm, Trojan horse, Easter egg, cancelbot or corrupted data or code that has destructive properties; (e) challenge the intellectual property claims of JDCLE, (f) manipulate the Site through framing or similar techniques, or (g) contain any advertisements, solicitation of funds, or spam. You hereby represent and warrant that you own or have the right to submit the User Content. You further agree that by posting, uploading or transmitting any User Content to JDCLE or its affiliate websites, you grant JDCLE and its successors, assigns and designees a perpetual, royalty-free, irrevocable, nonexclusive, global license to use, copy, reproduce, modify, edit, adapt, publicly display, publicly perform, publish, store, sell, sublicense, translate, or create derivative works from such materials in any form (now known or hereafter invented), anywhere and for any purpose. In addition, you grant JDCLE, its successors, assigns and designees the right to display advertisements in connection with any display of your User Content.
Limitation of Liability
In no event shall JDCLE, its successors, assigns, employees, advisors, vendors, officers, or directors be liable for any damages of any kind whatsoever, whether direct, indirect, consequential, punitive, incidental, special or otherwise, that result from your use of or inability to use this site, or your interaction with any other function of JDCLE. You agree that this limitation applies regardless of whether the liability is grounded in contract, tort (negligence, strict liability, or other), property, or other legal basis, and even if JDCLE has been advised of the possibility of liability or damages. If JDCLE (or its successors, assigns, employees, advisors, vendors, officers, or directors) is found liable for any loss or damage despite the limitations set forth above, then you hereby agree that JDCLE's total liability (and that of its successors, assigns, employees, advisors, vendors, officers, and directors) for such loss or damage shall not exceed $100. This dollar limitation is in addition to limitations on liability existing in any other agreement between you and JDCLE. Note that this limitation may not apply to you if it is not permitted in your jurisdiction.
Export Control: You agree to comply with all of the restrictions of U.S. export control laws which may affect your use of the Site or the content thereon.
Termination: JDCLE may, at any time and in its sole discretion, suspend, terminate or restrict your use of the Site or any content thereon, for any reason and without prior notice. JDCLE may change the features and content of the Site, including pricing, without prior notice and without incurring liability to you.
Headings; Waiver and Modification; Severability: The headings in this agreement are for convenience only and do not affect or limit the terms and conditions herein. Your acceptance of these terms and conditions, and your access or use of the Site, do not create a joint venture, partnership, employment or agency relationship with JDCLE. JDCLE may modify these terms at any time. Your continued access and use of the Site constitutes your agreement to such modifications, and you will review these terms periodically. You may not assign, delegate, or transfer your rights and responsibilities under this agreement. JDCLE may assign these terms in its discretion at any time without notification to you. If a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable or invalid, that provision will be enforced to the fullest extent permitted by applicable law, and the remaining terms and conditions will remain valid and enforceable. These terms and conditions comprise the entire agreement between you and JDCLE concerning your access and use of the Site, and replace any prior understandings, terms, and conditions set forth between you and JDCLE regarding the subject matter herein. JDCLE's failure to require strict performance of any provision herein does not constitute a waiver of any provision or right, and neither the course of conduct between the parties nor trade practices shall be deemed to modify these terms.
Jurisdiction; governing law; statute of limitations: This agreement shall be construed in accordance with the laws of the state of Colorado, without reference to its conflicts of law rules. You agree that JDCLE has the right to enforce its rights in any court of competent jurisdiction; however, you also consent to the exclusive jurisdiction and venue of courts in Denver, Colorado, regarding any and all disputes relating to this agreement, your use of the Site (or its content, features, products or services), any programs or materials associated with JDCLE, and any other JDCLE legal notice or policy. Any cause of action or claim you may have with respect to the Site or any programs, materials, content, features, services, or products offered in or through the Site must be brought within one year after the claim or cause of action arises, or that claim or cause of action is barred.
Any rights not expressly granted herein are reserved by JDCLE. JDCLE, JDCLE.com, JDCLE.tv, "Powered By The Profession" and certain site features are trademarks, service marks or trade names of JDCLE. Other names of actual companies, products and or services mentioned on the Site may be the trademarks, service marks or trade names of their respective owners.
Effective October 25, 2011
© 2011 JDCLE, LLC. All rights reserved.