- Proprietary Rights. The content of BEAUPRE LAW Sites includes, without limitation, (i) BEAUPRE LAW’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “BEAUPRE LAW Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through BEAUPRE LAW Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “BEAUPRE LAW Content”). BEAUPRE LAW Content is the property of BEAUPRE LAW, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any BEAUPRE LAW Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from BEAUPRE LAW. Any use of BEAUPRE LAW Marks without BEAUPRE LAW’s express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in BEAUPRE LAW Content, including any such notices appearing on any BEAUPRE LAW Content.
- Personal Login Information. Certain features and areas of BEAUPRE LAW Sites are available only with registration, login, or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. BEAUPRE LAW is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact BEAUPRE LAW immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of BEAUPRE LAW Sites and not interfere with the use and enjoyment of BEAUPRE LAW Sites by other users or with BEAUPRE LAW’s operation and management of the Sites. You further warrant that your use of BEAUPRE LAW Sites and of any data input into or generated by BEAUPRE LAW Sites shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on BEAUPRE LAW Sites, including, without limitation, information required to be provided through an online BEAUPRE LAW registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, BEAUPRE LAW reserves the right to terminate your access and use of BEAUPRE LAW Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using BEAUPRE LAW Sites, or defame or otherwise harm any party through your use of BEAUPRE LAW Sites. Additionally, you agree to abide by BEAUPRE LAW
In addition, you also agree that you will not use BEAUPRE LAW Sites to:
(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(iv) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(v) includes any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(b) collect or store personal data of other users of BEAUPRE LAW Sites;
(c) intentionally disrupt or interfere, whether directly or indirectly, with BEAUPRE LAW Sites in any manner that may adversely affect BEAUPRE LAW or any user of BEAUPRE LAW Sites: and
(d) intentionally or unintentionally violate any applicable local, state, national or international law.
BEAUPRE LAW retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. BEAUPRE LAW also retains the right to ban or block a user from posting on BEAUPRE LAW social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. All user content must comply with BEAUPRE LAW.
- Responsibility for Use of the Internet and BEAUPRE LAW Sites and Exclusion of Liability. Use of the Internet and BEAUPRE LAW Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from BEAUPRE LAW Sites over the Internet or other communication network. BEAUPRE LAW shall not be obligated to correct or update BEAUPRE LAW Sites, BEAUPRE LAW Content, the User-Generated Content, and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on BEAUPRE LAW Sites.
- Third Party Information. BEAUPRE LAW Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content (as defined below), or other information made available by third parties such as content providers and other users of BEAUPRE LAW Sites are those of the respective third party and not of BEAUPRE LAW or its affiliates. BEAUPRE LAW makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.
- Notice for Claims of Intellectual Property or Copyright Infringement. BEAUPRE LAW respects the intellectual property of others, and, particularly as to User-Generated Content (as defined below) in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to BEAUPRE LAW Copyright Agent and BEAUPRE LAW Office of the General Counsel (contact information below):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on BEAUPRE LAW Sites;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
For notice of claims of copyright or other intellectual property infringement:
Beaupre Law, PLLC
634 Central Ave.
Dover, NH 03820
BEAUPRE LAW [email protected]
By phone: (877) 734-0777
15. Advertisers. BEAUPRE LAW Sites may contain advertisements. The inclusion of advertisements on BEAUPRE LAW Sites does not imply endorsement of the advertised products or services. BEAUPRE LAW shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on BEAUPRE LAW Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
Information (comments, photos, videos, etc.) you share with or post to BEAUPRE LAW social media profiles is also subject to the terms of service of the host sites and may be used by the owners of the host sites for their own purposes under the host site user policies.
- Links to Websites, Content, Sharing of Content. Links posted by third parties to BEAUPRE LAW Sites and/or BEAUPRE LAW Content may not use BEAUPRE LAW trademark or logo and shall not suggest that BEAUPRE LAW promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of BEAUPRE LAW Sites shall be the responsibility of the linking party. BEAUPRE LAW reserves the right to require any linking party to disable or remove any link that violates BEAUPRE LAW’s policies, rights, or causes interruption or deterioration of BEAUPRE LAW Content.
- Warranties Disclaimed. BEAUPRE LAW Sites and BEAUPRE LAW Content are provided “as is” and “as available.” Neither BEAUPRE LAW, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively “BEAUPRE LAW parties”) provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) BEAUPRE LAW Sites or BEAUPRE LAW Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to BEAUPRE LAW Sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through BEAUPRE LAW Sites will meet your expectations; or (iv) BEAUPRE LAW Content will remain unchanged or accessible on BEAUPRE LAW Sites. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with BEAUPRE LAW Sites or BEAUPRE LAW Content is to cease using BEAUPRE LAW Sites and BEAUPRE LAW Content.
- Exclusion of and Limitation of Liability.BEAUPRE LAW Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use BEAUPRE LAW Sites and/or any BEAUPRE LAW Content; (ii) from any interruption in the availability of BEAUPRE LAW Sites and/or BEAUPRE LAW Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from BEAUPRE LAW Sites, or transactions entered into, through or from BEAUPRE LAW Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on BEAUPRE LAW Sites; (vii) from any delay or failure of BEAUPRE LAW Sites arising out of causes beyond BEAUPRE LAW’s control; (viii) out of the use of, reference to, or reliance on, BEAUPRE LAW Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, BEAUPRE LAW Sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to BEAUPRE LAW Sites or BEAUPRE LAW Content.
- Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 18 and 19 which are lawful in your jurisdiction will apply to you and BEAUPRE LAW’s liability will be limited to the maximum extent permitted by law.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for New Hampshire or any State of court located in New Hampshire.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of BEAUPRE LAW Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
- Social Media Non-Endorsement. BEAUPRE LAW provides opportunities for user interaction within its BEAUPRE LAW Sites and on social media profiles on sites such as Facebook, Twitter, LinkedIn, Instagram, and various blogging sites. On those social media accounts, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. BEAUPRE LAW is not responsible for content or links posted by others.