myBlawg Terms and Conditions

MyBlawg Terms and Conditions

This message board service (“myBlawg”) is provided by D G & J, Incorporated to you (“you” or “user”) on the myCourtHelp.com group of websites, subject to the terms of this agreement (“Agreement”), and the rules that may be published from time to time by D G & J, Incorporated on the myCourtHelp.com and associated state-specific websites. The myBlawg Café is currently provided as a free service to users who agree to abide by the terms and conditions of this Agreement. The myBlawg Bar is provided for a fee to legal professionals, and it’s use is governed by additional Terms and Conditions. We reserve the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their myBlawg account (“Account”) canceled and they may permanently be banned from using myBlawg. VISITING A MESSAGE BOARD WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT VISIT myBLAWG.

RULES

You are entirely responsible and liable for all activities conducted through your Account. The following are some, though not all, of the violations that may result in our terminating your Account. You agree not to do any of the following actions while using myBlawg:

1. harass, threaten, embarrass, or cause distress or discomfort to another myBlawg participant, user, or other individual or entity;

2. transmit via message board any information, data, text, files, links, software, communication, or other materials (“Content”) that we reasonably consider to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;

3. impersonate any person, including but not limited to, a myCourtHelp.com official, forum leader, guide, or host;

4. disrupt the normal flow of dialogue on a message board or otherwise act in a manner that negatively affects other participants;

6. intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to any regulations having the force of law while using or accessing myBlawg or in connection with your use of myBlawg in any manner; and

7. post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in myBlawg, except in those areas that are designated for such a purpose (official rules on advertising follow).

Note on unsolicited advertising and spam: If you engage in any spamming or similar improper marketing activities, you will be liable to us as follows:

a. The sender of any message deemed to be “spam”, “marketing” or “mailbombing” to any other member or members will be liable for $100.00 USD (ONE HUNDRED DOLLARS) for each mailbox/user that receives each unauthorized message, commercial (promoting services of a commercial entity) or not.

b. The sender will pay all fees owed to us within 30 days of such transmission.

You agree that determining actual damages from such spamming and related activity to our members and us is difficult to ascertain and that the foregoing spamming charge represents liquidated damages and not a penalty.

INTELLECTUAL PROPERTY

You agree that you will not upload or transmit any Content to myBlawg that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party. By submitting Content to any message board, you automatically grant or warrant that the owner of such Content has expressly granted D G & J, Incorporated the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.

We ask your cooperation in protecting the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please complete our Intellectual Property Infringement Notification form and send to our Designated Agent:

Law Office of David Gilbert

217 Capital Avenue NE

Battle Creek, MI 49017

Under the appropriate circumstances, it is our policy to remove and/or to disable access from our site to Web pages of infringers, to terminate subscribers and account holders who infringe, and to remove and/or to disable access from us to Web pages as to which there have been steps taken for the purpose of affecting our search results such as adding inappropriate “meta-tags.”

CONTENT

D G & J, Incorporated has not reviewed the posts found in myBlawg, and the views expressed therein are those of the posters and do not necessarily reflect those of D G & J, Incorporated, its owners, managers, agents, partners, employees, advertisers or affiliates. D G & J, Incorporated assume no responsibility for the posts or information contained therein, nor do they make any claims, promises, or guarantees about the accuracy, suitability or completeness of any of the information in the posts. You and any user of your Account must evaluate, and bear the risk associated with, the accuracy, completeness, or usefulness of any Content. We shall not be responsible for any Content. YOU USE THE INFORMATION AT YOUR OWN RISK.

You agree that you will not post any knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material that is illegally invasive of another person’s privacy. D G & J, Incorporated will attempt to delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time, and are typically not reviewed by D G & J, Incorporated or its editorial staff before they are posted to the site.

You agree that you are solely responsible for anything you post on myBlawg and that you agree to indemnify and hold harmless D G & J, Incorporated, its owners and employees with respect to any claims based upon your posts/submissions to the myBlawg message board forums.

We may elect at our sole discretion to monitor some, all, or no areas of myBlawg for adherence to this Agreement or our rules.

Please remember that no information found at any location on any website owned or operated by D G & J, Incorporated, can replace a face-to-face meeting or telephone consultation with a “real live” attorney about your particular case, problem or question. The information you find by using myBlawg or any of the myCourtHelp.com group of websites should just be a starting point in finding your answers. Nothing transmitted to or from any website owned or operated by D G & J, Incorporated constitutes the establishment of an attorney-client relationship between you or any attorney.

PRIVACY

We try our best to ensure confidentiality and protect your privacy when you post to myBlawg. Your personal information such as name, address, email address, phone, etc., are concealed from all users of myBlawg, including member attorneys. Only the myCourtHelp.com administrators have access to your personal information. We will not disclose this information to third parties without your permission except to the extent necessary including: i) to protect ourselves from liability or ii) to respond to legal process or comply with the law. However, because these are public forums, you must also understand that you might lose some privacy by posting your questions or answers on myBlawg. It is possible for individuals to determine your identity by ‘piecing together’ information from your posts over a period of time. We strongly encourage you to NEVER post any identifying information on a myBlawg message board. Also note that if you provide any information to other parties, or any other sites you encounter on myBlawg or the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them.

DISCLAIMER OF WARRANTIES

MyBLAWG MESSAGE BOARD SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOU EXPRESSLY AGREE THAT USE OF myBLAWG IS AT YOUR OWN RISK. WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON myBLAWG. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT myBLAWG WILL MEET YOUR REQUIREMENTS, OR THAT myBLAWG WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE ENDORSE OR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF myBLAWG OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH myBLAWG. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM myBLAWG SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF myBLAWG IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE myBLAWG OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE IN myBLAWG, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE ALL CLAIMS AGAINST US AND OUR SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR USE OF myBLAWG AND ANY INFORMATION OBTAINED OR ACCESSED THEREFROM.

TERMINATION

Either we or you may terminate your Account at any time for any reason. Once your Account is terminated, you cannot access myBlawg in any manner or for any reason without our express written consent, and you cannot assist in enabling a terminated user access to myBlawg using or via your Account.

MINORS

myBlawg is designed for use by adults. If you are a minor, you should keep in mind that much of the content of myBlawg is uncensored. In cases where you have authorized another individual, including a minor, to use your Account, you recognize that you are fully responsible for: (1) the online conduct of such user; (2) controlling the user’s access to and use of myBlawg; and (3) the consequences of any misuse. You further recognize that the holder of the Account is entirely responsible for activities conducted through such Account. YOU ACKNOWLEDGE THAT SOME AREAS OF myBLAWG MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan, without reference to its conflict of law provisions, and you agree to submit to the personal jurisdiction of the courts of the state of Michigan for any cause or action arising out of this Agreement. If any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.

NOTIFYING US OF VIOLATIONS

If you witness, in a public room, activities that violate this Agreement, please e-mail the offending person’s identification and cut and paste the relevant content into an email to account@myCourtHelp.com. We cannot guarantee that any action will be taken as a result of your e-mail. Please refer to this Agreement from time to time for any updates we may make to this Agreement.