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TERMS OF USE

THIS SITE IS OFFERED FOR YOUR USE CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN (COLLECTIVELY, THE “TERMS OF USE”). YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS OF USE. 

1. Use of Site. As a condition of your use of this site located at www.legalbitstream.com (“Site”), you warrant to Mayfield Publishing Company (“MPC”) that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. MPC may discontinue or alter any aspect of this Site at MPC’s sole and absolute discretion and without prior notice or liability, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Site for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use this Site. You may not use any device, software or routing to interfere or attempt to interfere, or which has the effect of interfering with the proper working of, this Site. You may not attempt to gain unauthorized access to computer systems or networks through this Site, or use this Site for any unlawful purpose or in any other manner not permitted in these Terms of Use. You agree not to use or permit anyone to use the information provided through this Site for any unlawful or unauthorized purpose, or in any other manner not permitted in these Terms of Use. 

2. Intellectual Property. You acknowledge that, other than original government works and other public domain materials, this Site contains information, graphics and other material (collectively, “Content”) that are protected by copyrights, trademarks, or other proprietary rights. You may not modify, publish, copy, transmit, distribute, publicly display, create derivative works based upon, or in any way exploit, the Content, in whole or in part. You may, however, download Content from this Site for your personal use only, provided you keep intact all copyright and other proprietary notices. “Personal use” in the foregoing sentence means for your own tax needs or to enable you to provide tax assistance to third parties. In the event you download Content from the Site, such Content is licensed to you by MPC and MPC does not transfer any title to any such Content to you. Under no circumstances may you download Content beyond the scope of the foregoing license (e.g., wholesale downloading) or use any Content to the competitive disadvantage of MPC, as determined by MPC in its sole discretion. “Legalbitstream” and the Legalbitstream logo are trademarks of MPC and may not be downloaded, copied, or otherwise exploited without the permission of MPC. Except as set forth herein, reproduction, redistribution or retransmission of any information in this Site without the prior written, express permission of MPC is strictly prohibited.  

3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES PROVIDED THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. MPC'S SERVICES AND THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEB SITE. SPECIFICALLY, MPC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT SELECTION OR OMISSION OF INFORMATION, PRODUCTS OR SERVICES; (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) ANY WARRANTIES OF NON-INFRINGEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MPC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER MPC NOR ANY OF ITS PARTNERS, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THIS SITE OR INABILITY TO GAIN ACCESS TO OR USE THIS SITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.  

4. Indemnification. You agree to indemnify and hold each of MPC, its partners, agents and affiliates harmless from any claims and expenses, including reasonable attorney's fees and court costs, arising out of or related to (1) any violation by you, or any partner, agent or affiliate of you, of these Terms of Use, or (2) any misrepresentation made by you in connection with your use of the Site or Content. 

5. Infringement Policy. MPC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c) as amended by Title II of the Digital Millennium Copyright Act (the "Act"), MPC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to MPC in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: 

By mail:
Jack Mayfield, J.D., C.P.A.
President
Mayfield Publishing Company (Legalbitstream)
7941 Katy Freeway # 515
Houston, Texas 77024
Tel: 713/812-7873
 
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: 
 
(a)
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
(b)
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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
(c)
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(d)
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
(e)
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 or other proprietary right owner, its agent, or the law.
(f)
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 or on behalf of the person defamed.

6. Miscellaneous. These Terms of Use shall be construed under and controlled by the laws of the State of Texas without giving effect to any principles of conflict of laws. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Houston, Texas, U.S.A., regarding any and all disputes relating to these Terms of Use or your use of the Site. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and enforced to the fullest extent allowed by law as to effect the intention of the parties, and the remaining provisions shall be enforced. These Terms of Use constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, between MPC representatives and you. Upon notice published through this Site or otherwise, MPC may modify these Terms of Use at any time. 


 
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