The legalese on legale.se

These are the Terms and Conditions for your use of legale.se, listed partially in an easy to read question and answer format.

1. Who are we?

The legale.se web site (the "Site") is an open source project of Joel G. Kinney, Esq., the "hackercounsel", and founder of Fort Point Legal. When it says "We" or "Us" it means collectively Joel, his firm, his brand and anyone else involved in this project. It is just easier to say "we" or "us" then to list all of these people and entities. Also Joel likes to refer to himself in the third person.

2. Is the content on legale.se actual legalese?

The content posted on the Site by us or by contributors is for informational purposes only, and should not be considered legal advice. Before you use the content posted on the Site in a legal contract, or make any decision that may have legal implications, you should consult with a qualified legal professional for specific legal advice tailored to your situation. Your use of the Site is not an invitation to enter into and does not create an attorney-client relationship with anyone, including us. Please do not post any information you regard as confidential, because everybody (and we mean everybody) can see what is posted here. It is not private. It is not confidential.

3. Are the Terms listed on this Site are legally binding?

Yes. By using the legale.se web site ("Site"), you are agreeing to be bound by the terms and conditions listed here ("Terms"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

4. Can these Terms be changed?

We reserve the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Site, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Site after any such changes shall constitute your consent to such changes.

5. What if I do not want to follow these terms?

Violate of any of the Terms below and we will bar you from the Site forever. While legale.se prohibits such conduct and Content on the Site, you understand and agree that we cannot be responsible for the Content posted and you nonetheless may be exposed to such materials. You agree to use the Site at your own risk.

6. Do You get my intellectual property?

We claim no intellectual property rights over the material you provide to the Site. However, you agree that by posting any material on the Site such material will be released under the under a CC BY 3.0 license.

We do not pre-screen Content posted on the Site, but we have the right (but not the obligation) in our soul discretion to refuse or remove any Content that is available via the Site.

You shall defend us and hold us harmless against any claim, demand, suit or proceeding made or brought against him by a third party alleging that Your Content, or Your use of the Site in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify him for any damages finally awarded against, and for reasonable attorney’s fees incurred by us in connection with any such claim, demand, suit or proceeding; provided, that we (a) promptly give you written notice of the claim, demand, suit or proceeding; (b) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability); and (c) provide to you all reasonable assistance, at your expense.

7. Does someone own a Copyright to this stuff?

Yes. All copyrightable material on this Site is copyright 2012 Joel G. Kinney, Esq. This copyright does not extend to contributors

8. Anything else I should know.

a. Your use of the Site is at your sole risk. The service is provided on an "as is" and "as available" basis. You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site.

b. You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with legale.se.

c. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the Terms.

d. Verbal, physical, written or other abuse (including threats of abuse or retribution) through this Site of any one will result in immediate account termination.

e. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages, or worms or viruses or any code of a destructive nature.

f. We do not warrant anything, including the quality of any products, services, information, or other material obtained by you through the Site.

g. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; (v) or any other matter relating to the Site.

h. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and legale.se and govern your use of the Site, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms). You agree that these Terms and Your use of the Site are governed under the laws of the Commonwealth of Massachusetts, and venue for any dispute shall be in the State or Federal courts in Boston, Massachusetts.