EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU ARE ADVISED AND EXPRESSLY AGREE THAT THE INFORMATION AND CONTENT PROVIDED ON THE WEBSITE IS FOR EDUCATIONAL AND INFORMATION PURPOSES ONLY AND IS INTENDED FOR A GENERAL AUDIENCE. NOTHING ON THE WEBSITE, NOR ANY DOCUMENTS, OFFICE HOURS, WEBINARS, OR OTHER SERVICES OFFERED THROUGH THE WEBSITE, CONSTITUTES OR IS INTENDED TO CONSTITUTE LEGAL SERVICES OR LEGAL ADVICE RELATING TO YOU IN ANY WAY. USE OF THE WEBSITE AND ANY CONTENTS, INCLUDING DOCUMENTS AND THE CONTENTS OF SERVICES IN WHICH YOU ELECT TO PARTICIPATE, DOES NOT ESTABLISH A LEGAL REPRESENTATION BETWEEN YOU AND LEXCELA, LLC, NOR ARE ANY COMMUNICATIONS BETWEEN YOU AND LEXCELA, LLC, PROTECTED BY CONFIDENTIALITY OR THE ATTORNEY-CLIENT PRIVILEGE, WHETHER SUCH COMMUNICATIONS ARE THROUGH OFFICE HOURS, QUESTION AND ANSWER SESSIONS, CHAT, EMAIL CORRESPONDENCE, TELEPHONE CONTACT, OR ANY OTHER COMMUNICATIONS METHOD.
Sales of services offered through the Website will be governed by the terms and conditions set forth in those certain Conditions for Online Sales of Services, which terms and conditions are posted on the Website and are incorporated by reference herein.
We reserve the right to withdraw or amend this Website, and any service, material, or functionality we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time for any length of time. We reserve the right to restrict user access at any time to some or all of the Website, including restrictions on access affecting registered users, any user, or any group of users.
You are responsible for:
You also acknowledge that your account is personal to you and agree not to provide access the Website, or any part of it, to any other person using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session for which the Website requires you to log in. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Website and its entire contents, features, and functionality (including all information, software, text, displays, graphics, images, video, audio, photographs, music, logos, trademarks, services marks, patents, copyrights, and the design, selection, and arrangement thereof), are owned by Lexcela, its licensors, and other providers of such material and are protected by United States and international copyrights, trademark, patent, trade secret and other intellectual property and proprietary rights laws.
You are not authorized to any may not:
Lexcela, LLC, the term LEXCELA, and the Lexcela logo, and all related names, logos, product and service names, designs, and slogans (collectively, the “Marks”), are trademarks of Lexcela or its affiliates or licensors. You must not use the Marks without the prior written permission of Lexcela. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms and Use. You agree not to use the Website:
Additionally, you agree not to:
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By posting a User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the irrevocable, unrestricted, worldwide, royalty-free right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties your User Contribution(s) on the Website and for any other purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Lexcela, have the sole responsibility for your User Contributions, including the legality, reliability, accuracy, and appropriateness of each of them.
We are not, and will not be, responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website, and YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LEXCELA, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “LEXCELA GROUP”), FROM ALL DEMANDS, CLAIMS, ALLEGATIONS, LIABILITIES, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, AND SUITS OF EVERY KIND AND CHARACTER (“CLAIMS”) AND ALL LOSSES, DAMAGES, AWARDS, JUDGMENTS, FINES, PENALTIES, EXPENSES, FEES AND COSTS (INCLUDING ATTORNEYS’ FEES AND COSTS OF LITIGATION), AND OTHER DETRIMENTS (“LOSSES”) ARISING OR RESULTING FROM OR RELATED TO USER CONTRIBUTIONS POSTED BY YOU.
We have the right at any time and without notice to you to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, REPRESENTATIVES, AND ASSIGNS, HEREBY FOREVER WAIVE, AND RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS LEXCELA AND THE LEXCELA GROUP FROM, ANY CLAIMS AND LOSSES ARISING OR RESULTING FROM OR RELATED TO ANY ACTION TAKEN BY (I) LEXCELA OR (II) ANY MEMBER OF THE LEXCELA GROUP OR ITS OR THEIR INVESTIGATORS, AS A CONSEQUENCE OF INVESTIGATIONS BY LEXCELA, A MEMBER OR MEMBERS OF THE LEXCELA GROUP, OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not undertake to review all material before it is posted on the Website and cannot promise, ensure, or guarantee prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction on our part regarding transmissions, communications, or content provided by you, any user or a third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
The following content standards (“Content Standards”), together with the Code of Conduct posted elsewhere on the Website, apply to all User Contributions and all uses of Interactive Services. User Contributions must comply, in their entireties, with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contribution violates your copyright(s), send to firstname.lastname@example.org a notice of copyright infringement specifying the copyright(s) you feel have been infringed and where the objectionable material can be found on the Website. It is the policy of Lexcela to terminate the user accounts of repeat infringers.
The information presented on or through the Website is made available solely for general educational and information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on the information is strictly at your own risk. We disclaim all liability and responsibility arising from or relating to any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of the Website’s contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, third party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these third-party materials, and all third-party articles, responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. Third party materials do not necessarily reflect the opinion of Lexcela. We are not responsible or liable to you or any third party for the content or accuracy of any materials on the Website provided by third parties.
We may update the content on this Website from time to time, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update any Website materials at any time.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our advance, express, written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to with draw linking permission without notice.
We may disable all or any social media features and any links in our sole discretion at any time without notice.
If the Website contains links to other sites and resources provided by third parties, including links contained in advertisements such as banner advertisements and sponsored links, these links are provided for your convenience only. We have no control over the contents of the sites or resources to which the links are associated and accept no responsibility for them or for any Loss that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You agree to receive promotional messages and materials from us from time to time, whether by mail, email, or through any other method of contact you may provide us, including your telephone number for calls or text messages. If you don't want to receive such promotional messages or materials, you may opt out or notify us at any time at email@example.com.
The owner of the Website is based in the State of Mississippi in the United States. We provide this Website for use only by persons who are legal residents of the United States located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws with respect to such access.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your individual requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any compromised data or data you may lose. WE WILL NOT BE LIABLE FOR ANY CLAIMS OR LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, RANSOMWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ON ANY WEBSITE LINKED TO THE WEBSITE.
YOUR USE OF THE WEBSITE, ITS CONTENTS AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LEXCELA NOR ANY PERSON ASSOCIATED WITH LEXCELA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LEXCELA NOR ANYONE ASSOCIATED WITH LEXCELA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LEXCELA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, IMPLIED BY USAGE OF TRADE, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEXCELA OR THE LEXCELA GROUP BE LIABLE FOR CLAIMS OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR WEBSITES LINKED TO IT, OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE OR OTHER WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHICH MAY INCLUDE PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, OR LOSS OF DATA, WHETHER SUCH CLAIMS, LOSSES OR OTHER DAMAGES WERE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL LEXCELA'S AND THE LEXCELA GROUP'S LEGAL LIABILITY TO YOU EXCEED, IN THE AGGREGATE, THE AMOUNTS YOU HAVE PAID FOR ANY SERVICES ON OR THROUGH THE LEXCELA WEBSITE.
THE FOREGOING LIMITATION AND DISCLAIMER OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
This Website is operated by Lexcela, LLC, P.O. Box 458, Madison, MS 39130.
All comments, concerns, or other matters, including notices of copyright infringement claims, should be sent to firstname.lastname@example.org in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.