LBN® Terms of Use.
Website and Service Terms and Conditions of Use. Through the Law Book Network (hereinafter "LBN") service website (hereinafter "Website"), the LBN service ( hereinafter "Service") provides news and information services regarding new and used law books, legal research publications, business, tax, accountancy, and legal library materials, supplies and on-line services by means of a global computer information network. The Service and Website are provided and operated by LBN, Inc. (hereinafter "Company"). Access and use of the Website and Service are subject to the following Terms of Use (hereinafter "Terms of Use"). Accessing or using any part of the Service (including inputting information necessary to join and become a member of LBN) constitutes an agreement that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policies.
Joining LBN. By opening an account and joining LBN, you represent and warrant that the information you provide to LBN in connection with your account and membership is true and correct, and that you will promptly notify LBN if any of your information changes by editing your Member Profile from the Member Area main menu.
Trademarks. "Law Book Network®," "LBN®," the "LBN Message Center™," "LBN Dialog™," and all other trademarks, service marks, graphics and logos used in connection with the Website and Service are trademarks or service marks of LBN, Inc. or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Website and Service does not grant or provide you with the right or license to reproduce or otherwise use the LBN name or any LBN or third-party trademarks, service marks, graphics or logos.
Changes to the Website and Service or these Terms of Use. LBN may, in its sole discretion and at any time update, change, suspend, make improvements to or discontinue any aspect of the Website or Service, temporarily or permanently, or amend, update or change these Terms of Use. You will be bound by any such amendments, updates or changes, so you should periodically review these Terms of Use for amendments, updates or changes.
Your Representations and Warranties. You represent and warrant to LBN that your access and use of the Website and Service will be in accordance with these Terms of Use and with applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.
Release and Indemnification of LBN. You release and agree to defend, indemnify and hold harmless LBN and its trustees, officers, employees, attorneys, agents, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Website and/or Service (including access and/or use by way of your website by any customer, business invitee or business visitor of you or your website), your breach of any of these Terms of Use, or any unavailability, malfunction or error of the Website and/or Service.
NO REPRESENTATIONS OR WARRANTIES. THE WEBSITE AND THE SERVICE AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY LBN ARE PROVIDED TO YOU ON AN "AS IS" BASIS. LBN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LBN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. ACCESS AND USE OF THE WEBSITE AND SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THIS IS THE CASE IN YOUR JURISDICTION THEN YOU ARE NOT ELIGIBLE TO JOIN LBN FROM YOUR JUSRISDICTION OR MAINTAIN A MEMBERSHIP WITHIN YOUR JURISDICTION.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY. IN NO EVENT WILL LBN BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE OR WEBSITE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO CUSTOMER'S COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY, OR ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF ANY TRANSACTION ARISING OUT OF YOUR USE OF LBN, EVEN IF LBN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LBN'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF THE WEBSITE AND SERVICE (INCLUDING ACCESS OR USE BY WAY OF YOUR WEBSITE BY ANY CUSTOMER, BUSINESS INVITEE OR BUSINESS VISITOR OF YOU OR YOUR WEBSITE) OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICE SHALL NOT EXCEED ONE U.S. DOLLAR ($1.00 US). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THIS IS THE CASE IN YOUR JURISDICTION THEN YOU ARE NOT ELIGIBLE TO JOIN LBN FROM YOUR JUSRISDICTION OR MAINTAIN A MEMBERSHIP WITHIN YOUR JURISDICTION.
Termination. LBN may terminate your access and use of the Service immediately and without notice to you at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your access and use of the Service immediately and without notice to us at any time, for any reason by e-mailing us with your current username in the "From" line and "CANCEL MEMBERSHIP" inserted into the "Subject" textbox. The provisions of these Terms of Use relating to the protection and enforcement of LBN's proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, governing law and venue, and miscellaneous provisions shall survive any such termination.
Ownership of Data and Information; LBN's Use of Personally-Identifiable Information. All data and information generated from the access and use of the Website and Service shall be the property of LBN, and no third party, including you, shall have the right to own such data and information, or use such data or information except as expressly authorized by these Terms of Use. By using the Website and Service, you automatically assign to LBN any rights in the data or information generated from the access and use of the Website and Service.
For information about LBN's data protection practices, please read our Privacy Policy. This policy explains how LBN treats your personal information, and protects your privacy, when you use LBN. You agree to the use of your data in accordance with LBN's Privacy Policies.
Notices and Inquiries. All requests for information about the Website or Service, including information about your account or registration (including changes to your member profile), these Terms of Use, our Privacy Policies, or terminating your access and use of the Service should be directed to membership@lawbook.com. LBN may provide notice to you by posting a notice on the Website or by email to the email address shown in your member profile.
Governing Law and Venue. These Terms of Use, its subject matter (including access and use of the Website and Service) and LBN's and your respective rights under these Terms of Use shall be governed by and construed under the laws of the State of Michigan, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. LBN and you both submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Oakland in the State of Michigan, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Use, the prevailing party will be entitled to its reasonable costs and attorneys' fees.
Miscellaneous. These Terms of Use constitute the entire agreement between LBN and you concerning the subject matter hereof. These Terms of Use may be amended, updated or changed by LBN as specified in these Terms of Use. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. A waiver by LBN or you of any provision of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. LBN may assign its rights or obligations under these Terms of Use without condition. These Terms of Use will be binding upon and will inure to the benefit of LBN and you, and LBN's and your respective successors and permitted assigns.