Privacy and Protection of Personal Information
Use Restricted to U.S. Residents
By entering this Website, you acknowledge and agree that TLW operates this Website from its offices within the United States of America and that the Website is intended for viewing within the United States only and will only be construed and evaluated according to United States law. TLW makes no representations that the materials on this Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.
Personal and Non-Commercial Limited License
TLW hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may print copies of the content on the Website, but only for your personal use. You may not share, barter, sell, or otherwise convey copies of the content to any third party. Except as stated above, all rights are reserved. Commercial use of any content on the Website is strictly prohibited.
No Unlawful or Prohibited Use
The following actions are also expressly prohibited:
1) Modifying, copying, adapting, distributing, or performing materials provided through the Website;
2) Republishing, manipulating or displaying the Website, or portions thereof, by using framing or similar navigational technology;
3) Transmitting unsolicited email or spam;
4) Using any TLW domain name as a pseudonymous return email address for any electronic communications;
5) Pretending to be someone else or spoof their identity;
6) Posting violent, obscene, nude, harassing, abusive, discriminatory, defamatory, unlawful, infringing, hateful, pornographic, threatening or otherwise objectionable content collectively via the Website (“Offensive Material”);
7) Using the Website to perpetrate fraud, misrepresentation or illegal activity;
8) Attempting to gain unauthorized access to the Website or another user’s account, through hacking, password mining or any other means;
9) Attempting to circumvent or compromise any security measures;
10) Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities;
11) Modifying, altering, or tampering with systems hardware or software;
12) Creating multiple user accounts;
13) Intentionally submitting inaccurate information or falsifying information submitted to TLW for the purpose of creating multiple accounts; and
14) Reselling or repurposing your user account.
Access Restriction and Termination
Right to Remove Content
You agree that TLW has the right but no obligation, to remove any content, including user comments, from the Website at any time, with or without cause. Posting and sharing content on the Website is a privilege and not a right. TLW also has the right to refuse, move, or block access to any material submitted on or through the Website, and to establish general practices and limits concerning use of the Website.
It is our policy not to tolerate any Offensive Material being posted on the Website, regardless of whether or not such material is constitutionally protected. If you believe someone has posted any content that may be considered Offensive Material, please notify us by email at firstname.lastname@example.org. Your email must also include (1) the nature of the violation; (2) all facts which lead you to believe this policy has been violated; (3) the precise location of the where the Offensive Material is located; and (4) the identity of the person or persons who posted the Offensive Material (if known).
The decision of whether or not to remove content from the Website is within TLW’s sole and complete discretion. TLW has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will TLW be liable for removing or failing to remove any content.
Trademarks, Copyright and Proprietary Rights
The THE LAWYER WHISPERER is a registered trademark of TLW. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the TLW’s name, logos, or trademarks without obtaining the written permission of TLW or such other third party owner, as applicable.
You acknowledge that TLW will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Without limitation of the foregoing, you hereby assign to TLW, the irrevocable, unrestricted, absolute right to use (including the right to edit, duplicate, publish, distribute, perform, publically display and create derivative works) and grant others the right to use, in perpetuity throughout the world and in the U.S., any information contained in any submission of every kind and nature, and agree that TLW shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, and in all formats or media, known or unknown, and any materials based upon or derived therefrom, without compensation to you. You also warrant that any moral rights in such content are waived.
Password and Responsibility for User Account
When you create an account with TLW, you will be provided with a confidential user name and password. The account is provided solely for your own personal use. Your account is non-transferrable and cannot be sold, combined or shared with any other person. You are solely responsible for all activities that occur under your account, including but not limited to any content and data posted, shared or transmitted through the Website and any messages, online chats or other interactions with other users. You are responsible for keeping your user name and password confidential. You shall not knowingly disclose your user name and password to any third party. You must notify us immediately of any unauthorized use of your user name and password, if you believe that your user name and password is no longer confidential, or if you believe that there has been a breach in security with respect to your account. We reserve the right to require that you change your password if your account is no longer secure. TLW shall not be liable for any loss or damages you may suffer as a result of someone else using your user name and password.
Your access to the Website and your account is solely for your own personal use. You shall not authorize or enable others to use your account. You shall not use the user name or password of any other user at any time, or attempt to impersonate another user, or any person who is not a user.
You may access the Website using one or more mobile devices. Such use shall be subject to your carrier’s normal rates and fees, including any applicable text messaging and data fees.
This Website is intended for adults age 18 and over. This Website is not intended for any children under the age of 13.
TLW will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of TLW may, from time to time, result in temporary interruptions to the Website. In addition, TLW reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or the entire Website, with or without notice.
Articles and Commentary
This Website may include articles and commentary containing information in the form of news, opinions and/or comments that, unless otherwise stated therein, should not be construed as specific advice or instruction from TLW or official expressions of TLW. TLW does not warrant, either expressly or by implication, the factual accuracy of the articles and commentary posted, nor does it adopt any statement as its own, or warrant any articles or commentary offered by the author of the same.
This Website may contain links to third-party websites that are not under the control of or maintained by TLW, including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of TLW and TLW is not responsible for the contents of any Linked Site. TLW does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the Linked Sites, you do so at your own risk. In no event shall TLW be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or Linked Sites.
Any dealings with third parties (including advertisers) included within the Website or Linked Sites or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. TLW shall not be responsible or liable for any part of any such dealings or promotions.
Third-Party Materials on the Website
This Website may contain materials submitted by third-parties. TLW has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall TLW be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TLW DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS ARISING OUR OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. TLW HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TLW THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL TLW BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.
Copyright Infringement Notice Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact TLW’s designated Copyright Agent and provide the following information:
A. A description of the copyrighted work that allegedly has been infringed.
B. A description of the material that is claimed to be infringing and the URL of where such material is located on the Website sufficient to permit TLW to locate the material.
C. Your contact information, including a mailing address, telephone number, and e-mail address.
D. A statement by you that you have a good faith belief that the disputed use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
E. A statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
F. Your physical or electronic signature.
Send this information to:
By mail: The Lawyer Whisperer
Attn: Copyright Agent
203 Redwood Shores Parkway
Redwood Shores, CA 94065
By e-mail: email@example.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Choice of Law and Forum
Agreement to Arbitrate
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with TLW must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Consent to Receive Notices Electronically
Note to All Users
Note to California Residents
Your California Privacy Rights. California Civil Code Section 1798.83 permits California residents who have provided personal information to us or our third party advertisers and marketing partners, if any, to request certain information regarding our disclosure of personal information to third parties for direct marketing purposes. TLW does not and never will disclose your personal information to third party advertisers.
Personally-Identifying Information We Collect
You can visit the Website without revealing any personally identifiable information (“Personal Information”). However, TLW needs certain personal information if you wish to subscribe to the B’law’g. Where required, this information may include but is not limited to your first and last name, company name, title, and email address. If you communicate to us by e-mail, mail, or text we will record the e-mail address, postal address and cell number from which you send your correspondence. Any telephone calls to and from TLW may be monitored and recorded for quality assurance and training purposes. When you access and use the Website from your mobile devices, we may receive data from the mobile device you use to access the Website. This may include your location data, IP address and device type. You may manage how your mobile device and mobile browser share location information with TLW, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
Non-Personally-Identifying Information We Collect
Internet Protocol (IP) Address. TLW’s servers also automatically identify your computer or mobile device by its Internet Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer by your Internet Service Provider. Your IP address does not identify you by name, however, it may reveal your geographic area and your Internet Service Provider. TLW may match your IP address to your Personal Information.
Analytics. TLW may use one or more third party analytics programs, including but not limited to Google Analytics, to help analyze how users utilize the Website. Google Analytics does not collect any Personal Information. Google Analytics uses a single first-party cookie containing an anonymous identifier to distinguish users and to collect standard Internet log information and visitor behavior information. The information generated by the cookie about your use of the Website (including IP address) is transmitted to Google. This information is used to create statistical reports on user activity for TLW. For more information about Google Analytics, including opt-out options visit the Google Analytics privacy page at https://www.google.com/analytics/learn/privacy.html.
Use of Information Collected
E-mail and Opt-out. If you no longer wish to receive our e-mail communications, you may opt-out of receiving these communications by clicking on the Unsubscribe link at the bottom of the emails or by emailing us at firstname.lastname@example.org.
Information We Share
Affiliated companies. TLW may share User Information with its parent company, subsidiaries and other companies owned by or controlled by TLW, who may use the User Information for the purposes described above.
Service Providers. We may disclose your User Information to third party service providers hired to perform internal business functions on our behalf, including but not limited to, providing marketing assistance, sending direct mail or email, website or database hosting companies, e-mail service providers, and analytics companies. Unless otherwise stated, these companies do not have any right to use the User Information we provide to them beyond what is necessary for them to assist us.
User Disclosures. Some Personal Information is disclosed as a matter of course as a result of your use of the Website. Any Personal Information shared via any public forum using our Website or on another website (such as Facebook, Google, LinkedIn, Instagram or Twitter) may become public information. We cannot control the use of information disclosed in public forums, such as social media sites, bulletin boards, blogs, chat rooms, and networking functions of the Website. You should exercise caution when disclosing information in these public areas, especially your location data, and be careful how you disclose your Personal Information. Content posted in public areas of our Website, including advice and opinions, represents the views and is the responsibility of those who post the content. We do not necessarily endorse, support, verify, or agree with the content posted. If you have any questions or comments about any content posted using our Website, please contact us at the address below.
USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR OWN VOLUNTARY DISCLOSURE OF PERSONAL
INFORMATION IN PUBLIC FORUMS.
Business Transitions. TLW reserves the right to transfer all User Information in its possession in the event TLW goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets. Similarly, your User Information may be passed on to a successor in interest in the event of a reorganization, reconstruction, liquidation, bankruptcy or administration. Users will not be notified of any such change of ownership or control of their User Information.
The Website is intended for adult use only and are not directed towards children, minors or anyone under the age of 18. If you are under the age of 13, you are not authorized to provide us with any personally identifying information. If the parent or guardian of a child under 13 believes that the child has provided us with any personal data, the parent or guardian of that child should contact our us at the email address below and ask to have this personal information deleted from our files. We appreciate your cooperation with this federally mandated requirement.
Links to Partner Websites
Links To Third Party Sites
TLW protects Personal Information using various physical, technical and procedural measures. However, no transmission of data over the Internet is guaranteed to be completely secure and we cannot guarantee that your submissions to the Website, any content residing on our servers, or any transmissions from our server will be completely secure. It may be possible for third parties to intercept or access transmissions or private communications unlawfully. Any such transmission is done at your own risk.
Questions and Concerns