CROSS SECTOR LAW-TERMS OF SERVICE AND USE
CROSS SECTOR LAW (“CROSS SECTOR”) provides access to CROSS SECTOR services (the "Services") via its Web site at http://www.xsectorlaw.com ("the Site"). The Services include, without limitation, the CROSS SECTOR online and live Continuing Legal Education (“CLE”) courses and any social events that are provided to the Cross Sector community under the following terms of service and use (the "Terms"). Please read them carefully. You understand and agree that the Services are provided to you exclusively under these Terms. By using the Services, you are stating that you have read and understand the Terms and that you agree to be bound by them. We reserve the right to terminate your use or access to the Services at any time for any reason, including if we learn that you have provided false or misleading information or have violated the Terms.
1. YOUR RESPONSIBILITIES
You agree not to use the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; and (d) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. Without our written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); or (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
2. MODIFICATIONS TO TERMS
3. MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue the Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
5. THIRD PARTY CONTENT AND MONITORING
We are a distributor and publisher of content supplied by faculty (“Thought Chiefs”) and by other third parties. Accordingly, we have no editorial control over such content. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made by anyone other than authorized CROSS SECTOR spokespersons while acting in their official capacities. We have the right, but not the obligation, to monitor and review the content provided to CROSS SECTOR to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor content for accuracy or reliability.
6. YOUR CONTENT; LICENSE; REPRESENTATION AND WARRANTY
You are solely responsible for content you provide to us to be published on our Site ("Your Content"), and we act as a passive conduit for the distribution and publication of Your Content. However, we reserve the right to remove Your Content if we believe Your Content may create liability for us. You represent and warrant that Your Content (a) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free right, sublicensable through multiple tiers of sublicensees, to exercise all copyright rights with respect to Your Content in any media now known or not currently known. The foregoing does not apply to content contained on hyperlinked pages or any other content you do not submit to us.
7. DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or ensuing relationship with other faculty or class attendees, advertisers, sponsors or other third parties ("Third Parties") found on or through the Services and any other terms or conditions associated with such dealings, are solely between you and such Third Party. YOU AGREE THAT CROSS SECTOR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SERVICES.
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
You agree that we, in our sole discretion, may terminate your use of the Services without prior notice, and remove and discard Your Content from the Site, for any reason or no reason, and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time, however there will be no refund of any fees that have been paid by you.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CROSS SECTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. CROSS SECTOR MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CROSS SECTOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. CROSS SECTOR MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY THIRD PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CROSS SECTOR OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CROSS SECTOR OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ACCESS TO THE SERVICES AS YOUR) USE OF THE SERVICES. THE AGGREGATE LIABILITY OF CROSS SECTOR TO YOU FOR ALL CLAIMS ARISING FROM THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS ($100).
12. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless CROSS SECTOR, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and expenses and court costs) that such parties may incur as a result of or arising in any way from your use of the Services.
Certain of the names, logos, and other materials displayed in the Services constitute trademarks, trade names, service marks or logos ("Marks") of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
15. COPYRIGHTS; RESTRICTIONS ON USE
The content of the Services ("Our Content"), including without limitation, text, databases, software, code, music, sound, photos, and graphics, is copyrighted by CROSS SECTOR and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by CROSS SECTOR or its licensors. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.
16. COURSE EXPIRATION DATES
Due to differing rules and regulations in each state for accreditation of CLE courses, some courses will expire for different states at different times. To be sure that you are taking courses before their accreditation has expired in your state, confirm that your state is listed as an approved state for that CLE course.
If a course that expires before credit is received, CROSS SECTOR will offer another course of equal or lesser value for no charge. However, it is important for the user to be aware of which courses are expiring and to take the necessary actions to complete the course before the date of expiration. CROSS SECTOR is not responsible for any actions taken against the individual for failure to complete required CLE credits on time because of an expiration issue.
17. COURSE CREDITS
Registrants can only receive CLE credit one time for each CLE course. If a course is taken by you in two separate reporting periods, you will only receive credit the first time you complete the program.
Your right to use this Site or registered password or your right to obtain information is not transferable to another.
19. FEES AND PAYMENTS
All fees and charges incurred for Services will be billed at the rates in effect for the billing period in which such fees and charges are incurred. You shall pay all applicable taxes relating to use of Services.
20. REFUND POLICY
CROSS SECTOR will provide full refunds requested within forty-eight (48) hours of the purchase date unless you have received CLE credit for a course. Once you have claimed CLE credit and/or received a certificate for a course, the course can no longer be refunded. After the forty-eight (48) hour period, you cannot receive a refund, however, exchanges or substitutions will be provided where necessary.
To cancel a registration to a live event and receive a refund, please send a written cancellation request to firstname.lastname@example.org. All requests must be received two (2) or more weeks before the course date and will be subject to a $20 administrative fee. Please note that if you need to reschedule your registration for an event to another date, no administrative fee will be charged. Registrants who are "no-shows" for an event, or cancel a registration less than two weeks (2) before a scheduled event, will not qualify for a refund. In lieu of canceling a registration, a registrant may apply their course value to another course.
21. LIVE WEBCAST OR EVENT CANCELLATION NOTICE
If a live webcast or event must be postponed or cancelled for any reason, including inclement weather, every effort will be made to notify registrants via phone number or email address. If an event is to be rescheduled, all registrants will be notified of the new course date. You will have the option to (1) attend the course at the new time, or (2) request that your entire course fee be credited toward a different live or self-study course. Note, no refunds will be granted for live courses that are rescheduled due to inclement weather.
Additionally, if a live course for which you have registered is cancelled, you will be notified by e-mail and your entire tuition will be refunded.
22. NOT PROFESSIONAL ADVICE
The Content contained on the Website has been prepared by CROSS SECTOR as a service to its Registrants and the Internet community and is not intended to constitute legal, accounting, tax or financial advice from a professional attorney, accountant, certified financial planner, or tax preparer. CROSS SECTOR has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Website. Users of information from the Website or links do so at their own risk.
The Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The Terms and the relationship between you and CROSS SECTOR shall be governed by the laws of the State of Texas as applied to agreements made, entered into and performed entirely in Texas by Texas residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts located in Houston, Harris County, Texas and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
The terms of Sections 6 through 15 as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Our (and our licensors') proprietary rights (including any and all intellectual property rights) in and to Our Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.
Please report any violations of these Terms and Conditions to Cross Sector Law at: email@example.com.
Revised July 21, 2016.