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Terms & Conditions

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Terms of Licensing and Service

 

Notice to User: The online service provided is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

 

THIS IS A CONTRACT. By using the Service YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

Eligibility, Access, Use and Service. To register as a member for an online license and service to use Dean’s Law Dictionary or Rom LawTM Casebriefs, you must be at least 18 years of age, agree to these Terms of Service and the Privacy Policy, and complete the registration procedure. By registering as a customer, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and that you are authorized to bind yourself  to these Terms of Service. Abn Study Partner may accept or reject your registration in its sole discretion.

 

This service package contains the copyrighted materials Dean’s Law Dictionary or Rom LawTM Casebriefs, (collectively “Content”) owned exclusively by Abn Study Partner/Dean Brezack. This includes any upgrades, modified versions and copies licensed to you by Abn Study Partner. Abn Study Partner grants you a nonexclusive license to use the license Content , provided that you agree to the following:

 

The license you are being granted and have purchased is for one user only.  The Content is owned by Abn Study Partner, and is protected by United States Copyright Law and International Treaty provisions. You must treat this Content as you would any other copyrighted material such as a book.  You may not rent, lease, sublicense, or lend the Content to any other party or entity. You may not under any circumstances transfer any, all or even part of your rights to use the Content to another person or legal entity. You expressly agree that giving away the licensed materials to those who have not paid will cause severe damage to Abn Study Partner, which because of the nature of the internet such damages will be extremely difficult to estimate. As such liquiated damages for such violations will be $200,000. 

 

As a condition of your use of this Service, you warrant to Abn Study Partner that you will not use this Service for any purpose that is unlawful or prohibited by these Terms of Service.

 

Prohibited Uses Generally. You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth herein and in any written or on-screen notice from Abn Study Partner. Without limiting the foregoing, you agree not to: (a)use any device, software or routine to interfere or attempt to interfere, or which has the effect of interfering with the proper working of the Abn Study Partner Service or website; (b) reproduce, redistribute or retransmit any information in the Service without the written permission of Abn Study Partner; (c) use or permit anyone to use the information provided through this service for any unlawful or unauthorized purpose, or in any other manner not permitted in these Terms of Service;  decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, create derivative works from Abn Study Partner, which includes the information and software made available therein; copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes the Service, except to the extent required in order for you to use this service in the manner expressly intended by Abn Study Partner and or (d) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a customer or registering for any promotions offered through the Web Site.

 

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Service Restrictions, Alterations and Terminations. Abn Study Partner shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Service. Abn Study Partner reserves the right, but shall not be required, to correct and delays, interruptions, errors or omissions. Abn Study Partner may discontinue or alter any aspect of this Service, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user's right to use this service, at Abn Study Partner sole discretion and without prior notice or liability.

 

Copyright Rights. You acknowledge that, other than original government works and other public domain materials, this Service contains information, and other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining written permission of Study Partner.

 

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Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username and password for the Service. You shall immediately notify Abn Study Partner if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Service. In the event of such loss, theft, or unauthorized use, Study Partner may impose on you, at Study Partner's sole discretion, additional security obligations.

 

Security Breaches and Revision. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform Study Partner. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

 

Abn Study Partner shall not be responsible for any use that is or is not made of the Service. Without limiting the foregoing, Study Partner makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, relevancy, or reliability of any information or other material that are communicated through, or posted to, the Service. You acknowledge that any reliance on information or other material communicated through, or posted to, the Service will be at your own risk.

 

 

DISCLAIMER OF WARRANTY. YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Abn Study Partner DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE, OR ANY PARTY THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATED TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Abn Study Partner OR ANY THIRD PARTY.

 

LIMITATION OF LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Study Partner IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER Study Partner NOR ANY OF ITS PARTNERS, AGENTS, EXECUTIVES, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF USE OF THIS SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THIS SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON the Service.

 

Privacy Policy. You agree and consent to the terms of the Website Online Privacy Policy, a copy of which you should review by clicking on the link on the homepage of the website.

 

Choice of Law and Forum. This Agreement shall be construed and controlled by the laws of the Virginia. By using this service you agree that any dispute arising from or related to the terms of this agreement will be governed by the laws of the Virginia, without regard to its choice of law provisions. By using this service, you agree to personal jurisdiction by the state and federal courts for Frederick County, Virginia and in no other place or location. 

 

Severability. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

 

Additional Terms. Other Provisions that govern your use of this Service are set forth in online notices appearing in connection with certain information, products, software, services, or features of the Service (collectively the "Additional Terms"), all of which are incorporated by reference herein. Your use of any information, products, software, cervices, or features of the Service that are subject to Additional Terms constitutes your acceptance of the respective Additional Terms.

 

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between Abn Study Partner representatives and you. Upon notice published through this service or otherwise, Abn Study Partner may modify this Agreement at any time. USE OF THIS SERVICE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.

 

 

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