Last Updated, Effective Date: November 30, 2022
PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY. THESE TERMS INCLUDE, BUT AREN’T LIMITED TO, LIMITATIONS OF OUR LIABILITY TO YOU, YOUR ASSUMPTION OF CERTAIN RISKS, OUR DISCLAIMERS, AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE CENTERBASE CLIENT PORTAL (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION, RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY, AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
YOU CAN ONLY ACCESS AND USE THE CENTERBASE CLIENT PORTAL AT ADLI.CENTERBASE.COM AND/OR ITS MOBILE APPLICATION/VERSION (INDIVIDUALLY AND COLLECTIVELY, “PORTAL”), BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THESE TERMS OF USE. DOING SO FORMS A LEGALLY BINDING CONTACT BETWEEN YOU AND ADLI LAW GROUP (“ADLI”, “Company”, “we”, “us”, or “our”), AND SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME IN OUR SOLE DISCRETION (“DISCRETION”), AND WITHOUT A DUTY TO NOTIFY YOU OF SUCH MODIFICATION. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS OF USE, YOU SHOULD CLICK ON THE “I DECLINE” BUTTON AT THE END OF THEM. DOING SO BARS YOU FROM ANY FURTHER ACCESS TO THE SITE.
These Terms of Use tell all persons who access the Portal, including their agents, assigns, anyone acting on that person’s behalf, including without limitation to, heirs and statutory beneficiaries (individually and collectively, now referred to for convenience in these Terms of Use as ("you”, “your”, or “yourself”) about these standard terms and conditions in connection with your access to and use of the Portal, including without limitation to, what the Portal will and won’t do, and what you are allowed to do and not do when you access the Portal. Your access to and use of the Portal is governed by these Terms of Use and all applicable statutes, laws, regulations, rules and orders.
1. California Use Only; California User Notice. The Portal is controlled and operated by us from our offices in the State of California. Unless specifically advised of such, we make no representation that any of information or services to which you are given access are available, appropriate, or legal for use in other locations. Your use of or access to the Portal should not be construed as our purposefully availing for us the benefits or privilege of doing business in any state or jurisdiction other than California. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Products of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
2. License Grant; Payments.
2.1 Subject to your compliance with all terms and conditions of these Terms of Use, and your payments to us as provided for in this Section 2, we grant you a limited, personal, non-transferable, revocable, and non-exclusive right and license to access and use the Portal as provided for in these Terms of Use. These Terms of Use, as may be modified by us from time to time in our discretion. Any modification will be from the date you first agree to them and continue uninterrupted for so long as we have any rights, titles and interests of every kind and nature now or later contemplated (the phrase “of every kind and nature now or later contemplated” is now referred to for convenience in these Terms of Use as “EKN”).
2.2 The Portal is part of our professional services (“Services”) provided for you. You understand and acknowledge that we may charge a fee for the use of the Portal. If any payment is not current, Company has the right, in our discretion, to immediately cease to provide any and all Services to you and/or disable your access to the Portal. You are also solely responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with any of your transactions through the Portal. If you do not pay such sales or other tax or fee on a transaction, you are solely responsible for such taxes or fees in the event that they are later determined to be payable on such transaction, and we have the right, in our discretion, to collect such taxes or other fees from you at any time.
2.3 It’s your sole responsibility to promptly provide us with any contact or billing information changes or updates (including without limitation to, phone numbers, email and physical addresses, and credit card numbers). These updates should be made pursuant our Privacy Policy, or by contacting us at [email protected].
3. Use of the Portal.
3.1 As between you and us, are solely owned and controlled by us from inception in perpetuity throughout the universe, and are all protected by U.S. and international copyright, trademark, and other laws and treaties. You don’t acquire any rights, titles and/or interests EKN in any of the foregoing by virtue of accessing or making any uses of the Portal.
3.2 Any unauthorized use of any of the documents, information, or other materials related to our provision of Services (“Materials”) displayed on, in or that can be accessed, streamed, or downloaded from the Portal, is prohibited and a violation of these Terms of Use. In the event of a violation of these Terms of Use, U.S. and/or international copyright and/or other laws, treaties and regulations laws, treaties, or regulations, we have the irrevocable right to seek all remedies available per these Terms of Use, by law, in equity, or otherwise EKN (individually and collectively, “Remedy/ies”). We also have the irrevocable right to block or deny access to the Portal to anyone at any time for any reason or no reason, in our discretion.
3.3 While using the Portal, you are required to comply with any and all applicable statutes, orders, regulations, rules and other laws. In addition, we require users of the Portal to respect the rights and dignity of others. Your use of the Portal is conditioned on your compliance with the rules of conduct in these Terms of Use.
3.4 Unless otherwise expressly authorized in these Terms of Use, it’s also a violation of them to do any of the following:
3.4.1 Reproduce, publicly display, perform, distribute, sell, resell, or otherwise use or exploit the Portal for any public or commercial purpose;
3.4.2 Modify any information on the Portal in any way, or copy, reproduce, rent, lease, loan, publish, transmit, distribute, perform, display, or create derivative works from the Portal;
3.4.3 Decompile, disassemble, reverse engineer, sell, license, or otherwise exploit the Portal or anything on or accessible through the Portal, in whole or in part;
3.4.4 Interfere with the Portal or any other person’s or entity’s (“Person(s)”) use of the Portal, including without limitation to, by hacking or defacing any portion of the Portal, inserting any code, or otherwise manipulating the Portal in any way that affects any Person’s experience;
3.4.5 Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Portal:
3.4.5.1 Anything that is or may be: threatening, harassing, degrading, hateful or intimidating; defamatory; fraudulent or tortuous; obscene, indecent, pornographic or otherwise objectionable; or, protected by copyright, trademark, trade secret, right of publicity or other proprietary right, without the express prior consent of the owner of that right;
3.4.5.2 Any material: that encourages conduct or could otherwise give rise to criminal or civil liability; that contains or promotes violence, illegal drug use, illegal gambling or other criminal activity; or, that encourages or provides instructional information about illegal activities such as without limitation to "hacking," "cracking," or "phreaking”;
3.4.5.3 Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, malware or other computer code, file, or program that is harmful or invasive to the Portal, used to monitor the use of the Portal or any hardware, software or equipment, or which may or is intended to damage or hijack the operation of the Portal;
3.4.5.4 Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", investment opportunity, or any other form of solicitation; and
3.4.5.5 Any material, non-public information about a Person without the proper written authorization to do so.
3.4.6 Use the Portal for any fraudulent or unlawful purpose;
3.4.7 Use the Portal to defame, abuse, harass, stalk, threaten or otherwise violate any legal or other rights EKN of another Person, including without limitation to, another Person’s privacy rights or rights of publicity, or to harvest or collect “Person Information” (as defined in our Privacy Policy) about someone’s use of the Portal;
3.4.8 Impersonate any Person, including without limitation to, any designee of ours, falsely state or otherwise misrepresent your affiliation with any Person in connection with the Portal, or express or imply that we endorse any statement you make;
3.4.9 Interfere with or disrupt the operation of the Portal or the servers or networks used to make the Portal available; or violate any requirements, procedures, policies, or regulations EKN of those servers or networks;
3.4.10 Remove any copyright, trademark or other proprietary rights notice EKN from the Portal or any other materials originating from or accessible through the Portal;
3.4.11 Frame, model or mirror any part of the Portal;
3.4.12 Create a database, except as may be expressly authorized by the Portal; or
3.4.13 Use any bot, spider, search/retrieval application, or other manual or automatic device EKN to retrieve, index, "scrape," "data mine", or in any way gather any information or other materials available on or through the Portal, or reproduce or circumvent the navigational structure or presentation of any information or other materials available on or through the Portal.
3.5 We have the irrevocable right in our discretion, at any time, temporarily or permanently, in whole or in part, to: modify or discontinue the Portal, with or without notice; change, modify and/or waive any fees we charge in connection with the Portal; and/or offer opportunities to some or all Persons using the Portal. Neither we, nor any of our sponsors, vendors, licensors, or licensees are liable to you or to any third-party for any modification, suspension or discontinuance of the Portal, or of any service, content, or feature offered on or through the Portal.
3.6 To ensure that we provide a high-quality experience for you and for other users of the Portal, we or our representatives may access your account and records on a case-by-case basis, without notice to you unless required by applicable law, to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Portal. This right includes without limitation to, the right to terminate your Account (defined in Section 13 below) or your access to the Portal immediately, without liability to you EKN, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Portal by others.
4. Hardware. You are solely responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment, and services needed to access and use the Portal and any information or other materials available on or through the Portal, and paying all charges related to them.
5. Intellectual Property Rights. We own and/or control from inception in perpetuity all and all rights, titles, and interests EKN regarding our: trademarks, trade names, look and feel, brands, and trade dress (which along with all associated logos and images are individually and collectively, “Trademarks”), including without limitation to, those on the Portal; and all content EKN on or available thru the Portal individually and collectively, “Copyrights”). All Trademarks and Copyrights are registered, pending registration and/or common law trademarks of Company, and are protected by U.S. and international laws and treaties. You don’t acquire any rights, titles, or interests EKN in any Trademarks or Copyrights by virtue of accessing or making any uses of the Materials. Any unauthorized use of the Materials may violate U.S. and/or international trademark, copyright, and/or other laws, treaties, and regulations, is prohibited, and a violation of these Terms of Use. We will aggressively enforce our Copyrights, Trademarks, patents, and other intellectual property and allied rights EKN (individually and collectively, “IP”) to the fullest extent of the law, including without limitation to, criminal prosecution and all other Remedies.
6. Zero Tolerance. We have a strict, zero-tolerance policy regarding the use of our IP. We consider use of our IP in page text, metatags, metatag keywords, and/or hidden text to be IP infringement and/or unfair competition. Linking to any page on the Portal is prohibited without our prior written approval, which we can withhold in our discretion (“Approval”). Framing, inline linking, or other association of the Portal with links, advertisements and/or any other information EKN not originating from the Portal is also prohibited.
7. User Information.
7.1 Other than “Personal Information”, which is defined in and subject to our Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, photos, and other communication EKN you transmit, post, download, display, perform, transmit, or otherwise distribute information or other content on or to the Portal in any manner EKN, as well as, those submitted to third-parties connected through the Portal, including without limitation to, social media (individually and collectively, in whole and in part "User Content") may be visible, accessible and/or available to others. Notwithstanding anything to the contrary in these Terms of Use, if you choose to make any of your Personal Information, User Content, or anything else publicly available in any form or forum or otherwise on or through any social media or other links available on or through the Portal, you do so at YOUR SOLE RISK.
7.2 You represent, warrant, and covenant (“Warranty” or “Warrant”): that you have the authority to submit all User Content; that no User Content will violate or infringe any rights EKN of any Person; that all User Content will be true, accurate and complete; and, that you will maintain and update User Content as needed, such that it remains true, accurate and complete.
7.3 Notwithstanding anything to the contrary in these Terms of Use, we have the irrevocable right to monitor or review any User Content, and have the irrevocable right to remove User Content in our discretion. We have no obligation to return, review, or respond to any User Content. We have no liability EKN related to the content of any User Content, whether or not arising under any U.S. and/or international laws or treaties EKN.
7.4 You grant a perpetual, irrevocable, and worldwide gratis license to us and our Affiliates (defined in Section 19 below) to use your User Content in connection with the operation of the Portal, including without limitation to, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. We may publish or otherwise disclose your name in connection with your User Content in our discretion. By posting User Content on the Portal, you Warrant that you own the rights to the User Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute User Content. We have the irrevocable right but not the obligation to monitor, edit, remove and/or block any activity or User Content in our discretion.
8. Content. We don’t endorse, support, sanction, encourage, verify, or agree with any comments, opinions or statements posted on forums, blogs, or through User Content contained on the Portal (individually and collectively, in whole and in part, "Content"). Any Content placed online, including without limitation to, advice, opinions and stories, are solely the views and responsibility of those who post the Content, and don’t necessarily represent our views.
9. Accuracy of Information. We attempt to ensure that the Portal (with the exception of User Information) is complete, accurate and current. Please bring to our attention any information you believe is inaccurate, incomplete, or out of date by contacting us at [email protected], along with a detailed explanation of your beliefs of inaccuracies. We make no Warranty EKN as to the completeness, accuracy, or current nature of Products, or any other information on the Portal, and we make no commitment or assume any duty to update that information.
10. Linking to the Portal. You aren’t allowed to maintain any link from another site or app to any page on the Portal without our Approval. You also aren’t allowed to run or display the Portal, or any information or material displayed on or accessible via the Portal, in frames or through similar means on another site or app without our Approval. Any links to the Portal we do Approve must comply will all applicable laws, rules and regulations EKN, which is your sole responsibility and liability.
11. Your Account. You may need to create a customer account to be able to access your file through the Portal (“Account”). If you do, you will have to provide an email address, username, and password for your Account. To protect your Account, you should choose a username and password different than names, birthdays, or street addresses associated with you. You may also want to choose a username and password different that the ones you use for other websites and apps, and change them periodically. You are solely responsible for maintaining the confidentiality of your Account, username and password, and for restricting access to devices from which you access your Account. You’re also solely responsible for any and all activities EKN that occur under your Account, username or password.
12. Warranty Disclaimers.
12.1 YOUR USE OF SITE IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, ALL INFORMATION, CONTENT, SERVICES, MATERIALS, SOFTWARE AND PRODUCTS EKN PROVIDED ON OR THROUGH SITE ARE PROVIDED "AS IS" AND ‘AS AVAILABLE”, WITHOUT ANY WARRANTIES EKN. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THESE, INCLUDE WITHOUT LIMITATION TO: WARRANTIES OF MERCHANTABILITY, USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED SITE ACCESS, FAILURE TO STORE ANY OF YOUR DATA, COMMUNICATIONS OR PERSONALIZED SETTINGS; WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT; WARRANTIES RELATING TO THE ACCURACY, COMPLETENESS, LEGALITY, OR USEFULNESS OF ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH SITE; AND, EXPRESSLY DISCLAIM ANY WARRANTIES THROUGH OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING ANYTHING IN THIS SECTION 14.
12.2 ANY THIRD-PARTY INFORMATION, DATA, PRODUCTS, AND OTHER ITEMS EKN ON, USED, OR PURCHASED ON OR THROUGH SITE, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE SUPPLIERS, IF ANY. IN THE EVENT OF ANY PROBLEM WITH ANY THIRD-PARTY INFORMATION, DATA, PRODUCTS AND/OR OTHER ITEMS EKN THAT YOU HAVE USED OR PURCHASED ON OR THROUGH SITE, YOUR SOLE REMEDIES, IF ANY, ARE FROM THE APPLICABLE SUPPLIERS OF SUCH INFORMATION, DATA, PRODUCTS AND/OR OTHER ITEMS EKN IN ACCORDANCE WITH THEIR RESPECTIVE WARRANTIES, IF ANY. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW WITH RESPECT TO THIRD-PARTY INFORMATION, DATA, AND/OR PRODUCTS ON, USED OR PURCHASED ON OR THROUGH SITE, INCLUDING WITHOUT LIMITATION TO: THOSE RELATED TO DEFECT OR FAILURE OF THEM; MISUSE OR ABUSE OF THEM; AND IMPROPER SELECTION OF THEM.
12.3 THE LIMITATIONS IN THIS SECTION 14 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO APPLICABLE LAWS FOR ANY SUCH PROHIBITIONS.
13. Legal Disclaimers. Given the uncertainty and rapid pace of change in relevant laws, we make no representation as to the legality of the Portal under laws applicable to you. “We administer this Portal from our offices in Los Angeles, CA, USA. We make no representation that this Portal is appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Portal, or any copy or adaptation, in violation of any applicable laws or regulations, including without limitation to, U.S. laws and regulations. If you choose to access this Portal from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
14. Revisions to these Terms of Use. These Terms of Use may be revised in our discretion at any time and from time to time by updating them here. You should visit this page from time to time to review the then-current Terms of Use because they are a legally binding contract between you and us. You can tell when these Terms of Use were last updated by “Effective Date” at the top of these Terms of Use. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on other pages of the Portal. Your continued use of the Portal after any changes to these Terms of Use are posted, is your unconditional acceptance of all of those changes.
15. Indemnification. You have a duty to fully and effectively indemnify and hold, on demand, to the broadest extent allowed by law, Company and each of Company’s former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-ventures, members and attorneys (“Affiliate(s)”) harmless, at your sole cost and expense, from and against, any and all third-party and other claims, liabilities, suits, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements, and notices EKN, including without limitation to, actual attorneys and accountancy fees and all costs EKN in any manner related to them in whole and in part (“Claim(s)”) occasioned by or arising out of any actual, alleged or anticipated breach of these Terms of Use by you or on your behalf, or by your use of the Portal. In the event of a Claim, we will give you immediate notice of it and you have a duty to immediately undertake at your sole cost and expense our legal representation related to that Claim, with competent, experienced counsel subject to our Approval. You also have a duty to immediately upon demand reimburse us for any payment EKN made by or on behalf of us any time after the Effective Date with respect to any Claim to which the foregoing indemnity relates.
16. Choice of Law; Jurisdiction.
16.1 These Terms of Use are governed by the laws of the State of California as they apply to agreements between California residents entered into and to be performed entirely within California, regardless of California’s or any other state’s or jurisdiction’s conflict of law rules. In the event that any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be contrary to law, they’re severed from these Terms of Use and all remaining provisions continue in full force and effect.
16.2 Any and all Claims between you and us arising out of, connected with, or related to these Terms of Use, including without limitation to, those relating to the arbitrability of these Terms of Use and the enforceability of this arbitration provision, will be brought for exclusive adjudication in our discretion either: in the federal or state Courts located in Los Angeles County, California, or for binding arbitration before a sole arbitrator by JAMS or another alternative dispute resolution entity in our discretion (“AE”) located in Los Angeles County, California, subject to the rules of that AE as of the date of that Claim’s submission to that AE and further subject to the California Code of Civil Procedure sections relating to arbitration or alternative dispute resolution, as applicable. If submitted to an AE: the costs and expenses of the arbitration will be split equally between you and us, until there is a “prevailing party”, as described below; and you and we will each choose an arbitrator from the AE’s list within thirty (30) days after submission of the Claim to the AE. The two (2) chosen arbitrators will then together choose the sole arbitrator as soon thereafter as practicable. Should either you or we fail to choose an arbitrator within the thirty (30) days, then the other party has the sole right to choose the sole arbitrator. Judgment upon any award by the arbitrator may in our discretion be entered in any California court having jurisdiction of it. This arbitration provision remains in full force and effect notwithstanding the nature of any Claim or defense to it. You and we both waive any claim that the courts or an AE in Los Angeles County, California doesn’t have jurisdiction, or are an inconvenient forum. Any legal process in a Claim may, in addition to personal service, be served by a party as provided for in Section 23 below, and has the same force and effect as personal service within California. In the event of any Claim, the prevailing party will be awarded its reasonable attorneys’ fees and all costs from the non-prevailing party. The court or arbitrator, as applicable, will determine who the prevailing party is, whether or not the Claim proceeds to final adjudication. The attorneys' fees award will not be computed in accordance with any court or AE fee schedule, but so as to fully reimburse all attorneys' fees reasonably incurred.
16.3 Nothing in this Section 20 is a waiver of any of our Remedies or precludes us from either instituting a Claim in any jurisdiction or from joining you in a Claim brought by a Person against us in any jurisdiction, although our failure to join you in any Claim in one instance isn’t a waiver of any of our rights with respect to that Claim or any subsequent Claim brought by a Person against us.
16.4 A printed copy of the current version of these Terms of Use is admissible in any proceedings based upon or relating to these Terms of Use, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16.5 Any dispute resolution proceedings, whether in arbitration or court, can be conducted only on an individual basis, and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general legal action.
17. Termination. We have the irrevocable right to suspend or terminate your Account and/or your use of the Portal at any time, for any reason or no reason, with or without notice. We also have the irrevocable right to change, suspend, or discontinue any or all aspects of the Portal, including without limitation to, links, for any reason or no reason, with or without notice.
18. Intellectual Property Infringement; Digital Millennium Copyright Act Notice for Copyright Infringement. We don’t permit intellectual property infringing activities on the Portal. We may remove in our discretion any and all the Materials and/or User Content if we’re properly informed that any Materials and/or User Content infringe a third-party’s intellectual property rights, including without limitation to, copyright and trademark rights. We can terminate your ability to access or otherwise use the Portal or to submit User Content if, under appropriate circumstances, it’s determined that you are submitting or have submitted User Content and/or any other materials EKN that infringe another Person’s intellectual property rights. If you’re a copyright or trademark owner or an authorized agent for that owner and believe that any Materials posted on the Portal by third parties infringes on those copyrights and/or trademarks, you may notify us by providing all the following information in writing:
18.1 A physical or electronic signature of a Person authorized to act on behalf of the owner of an exclusive copyright or trademark right that is allegedly infringed and the month, day, year, city, state, province and/or country where its signed;
18.2 Identification of one or more URL locations where the original or an authorized copy of the copyrighted work or trademark exists;
18.3 A description of the infringing activity and identification of the Materials that are claimed to be infringing, the email address, website, URL, WHOIS data, and any other information where the claimed infringement is taking place, reasonably sufficient to allow us to locate it;
18.4 Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number and if available, an email address;
18.5 A statement that you have a good faith belief that use of the Materials in the manner you complain of is not authorized by the copyright or trademark owner, its agent or the law;
18.6 A statement that you have considered whether the Materials that is claimed to be infringing constitutes a “fair use” under federal copyright or trademark law, before sending this takedown notification;
18.7 True and correct copies of copyright and/or trademark registration certificates for work(s) and/or trademark(s) claimed to be infringed; and
18.8 A statement that you swear under penalty of perjury that the information in your notification is accurate and that you are either the owner of or authorized to act on behalf of the owner of, an exclusive copyright or trademark right that is allegedly infringed. If you fail to comply with all of the requirements above, your notice may not be valid. A notice to us of alleged infringement of any other type of intellectual property should be done as below:
18.8.1 Our agent for notice of claims of copyright and trademark infringement can be reached as follows: (i) by mail: 12400 Wilshire Boulevard, Suite 1460, Los Angeles, CA 90025; or (ii) by email: [email protected].
19. Notices to You. Notices to you may be made via posting to your Account, by providing links to such notices, by email, text, by messenger or by other confirmed delivery service (for example, Federal Express or UPS) (“Delivery Service”), in our discretion (in the latter three (3) situations, via your most recent address that we have on file). Posted notices are effective on posting. Notices emailed, texted, or sent to you by Delivery Service are effective on the date of your receipt, provided that we receive written or printed confirmation of your successful receipt.
20. Electronic Communications. When you use our Portal, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on our Portal or through other communication services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
21. Entire Contract; Miscellaneous, But Important Too. These Terms of Use are the entire contract between you and us and supersede any prior contract, whether written or oral, express or implied, relating to the subject matter of these Terms of Use. No waiver, modification, or amendment of these Terms of Use is effective against us unless made by us, or in writing and signed by an authorized representative of us. We don’t waive any power or right EKN under these Terms of Use or otherwise, even if we don’t always insist on strict compliance with any of it, or if we delay or fail to exercise any power or right EKN given to us in these Terms of Use or otherwise. All our rights and Remedies are cumulative and not exclusive of any other rights or Remedies EKN. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our Approval. These Terms of Use are binding on you and your executors, heirs, successors, and Approved assigns. All Section headings in these Terms of Use are for convenience only and don’t define or explain any section or provision.
Should you have any questions concerning these Terms of Use, or if you want to contact us for any reason not provided for above, please write to us at:
ADLI Law Group
12400 Wilshire Boulevard, Suite 1460
Los Angeles, CA 90025
or email us at: [email protected].
This site/app © 2022 ADLI Law Group, unless otherwise noted. All rights reserved.
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