Legal - Asbestos Today

Asbestos Today Terms of Use

1. Acceptance of Terms

Welcome to Asbestos Today. Asbestos Today provides its service to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. We encourage you to check back here at any time. In addition, when using particular Asbestos Today services, you and Asbestos Today shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such or rules are hereby incorporated by reference into the TOU. Asbestos Today may also offer other services that are governed by different Terms of Use. For instance, different terms apply to Asbestos Today Express.

To use Asbestos Today, you must be legally competent to enter a binding agreement.

2. Description of Service

Asbestos Today currently provides users with access to law oriented web sites and news through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Asbestos Today to provide the Service. You also understand and agree that the service may include certain communications from Asbestos Today such as service announcements, administrative messages and the Asbestos Today Newsletter, and that these communications are considered part of Asbestos Today membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Asbestos Today properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that Asbestos Today assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. Asbestos Today Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at www.Asbestos Today.com/privacy.html

4. Member Conduct

You understand that all information, data, text, or other materials ("Content"), whether publicly posted, e-mailed or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Asbestos Today, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Asbestos Today does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Asbestos Today be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Asbestos Today official, editor or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available 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;
  8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  9. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  10. "stalk" or otherwise harass another; or
  11. collect or store personal data about other users.
  12. Spam/Spamming is prohibited. With the Spam Committee direction, sites may be refused listing if they are being spammed in our directory.

You acknowledge that Asbestos Today may not pre-screen Content, but that Asbestos Today and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Asbestos Today and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Asbestos Today or submitted to Asbestos Today, and in all other parts of the Service.

You acknowledge, consent and agree that Asbestos Today may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Asbestos Today, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Asbestos Today and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

5. Content Submitted or Made Available For Inclusion on the Service

Asbestos Today does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Asbestos Today the following worldwide, royalty free and non-exclusive license(s), as applicable:

  • We may edit, move, or delete any content on the Asbestos Today (including content that you have provided) or terminate all or part of Asbestos Today without notice or liability for any reason at our sole discretion. You acknowledge that Asbestos Today and the Asbestos Today staff have unfettered editorial discretion to determine the structure and content of Asbestos Today and that, because a site's placement in the directory is subject to change or deletion at any time, you may not rely on any aspect of a site's inclusion in the directory. You agree to waive any claim related to the inclusion, placement, exclusion, or removal of any site in Asbestos Today or to the title or description of any site appearing in Asbestos Today.

We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content on Asbestos Today originating with or otherwise provided by third parties.

We may preserve or disclose information about users, including those who submit sites for possible inclusion in Asbestos Today, if required to do so by law or in the good faith belief that doing so is necessary to (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Asbestos Today, its users, or the public; or (e) administer Asbestos Today.

In addition to these terms, if you submit a site for possible inclusion in the Asbestos Today, you agree to comply with and be bound by the Asbestos Today Submission Policies.

6. Indemnity

You agree to indemnify and hold Asbestos Today, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

7. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

8. Modifications to Service

Asbestos Today reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Asbestos Today shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Asbestos Today shall 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 advertisers on the Service.

10. Links

The Service may provide, or third parties may provide, links to other web sites or resources. Because Asbestos Today has no control over such sites and resources, you acknowledge and agree that Asbestos Today is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Asbestos Today shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. Asbestos Today's Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Asbestos Today or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Asbestos Today grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Asbestos Today for use in accessing the Service.

12. Legal

Asbestos Today does not qualify, represent, warrant, promise or otherwise guarantee the quality of legal representation from the link of any professional legal counsel or legal service appearing on this Web site.

The information contained in this website is provided only as general information which may or may not reflect the most current legal developments. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state. This website is not intended to be advertising, and the attorneys who have paid to receive inquiries submitted to this site do not wish to represent anyone based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state.

Nothing in this website is intended to imply that asbestostoday.com is a referral service certified by any state bar or bar association, or that asbestostoday.com satisfies the minimum standards for lawyer referral services established by any state bar or bar association. Communications to this site from individuals seeking an attorney will be forwarded only to law firms which have paid consideration other than costs to be included and receive such information. Transmission of such information is not intended to create, and receipt of the information does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon any information contained herein without first consulting legal counsel.

This site may not be used as a supplement or alternative for legal services, and is not intended and does not warrant or guarantee the quality or quantity of any services of any of the advertisers identified; further, the information provided is merely for educational purposes, and its accuracy is not guaranteed. Do not use this site as a substitute for legal advice.

Please consult with an attorney regarding any legal questions you may have. This site is not sponsored or maintained by attorneys and may not be used for legal advice. Do not use this site to disregard any legal advice, nor to delay seeking legal advice or representation, because of something you read or see in this site.

Asbestos Today is NOT a legal service. Asbestos Today does NOT provide legal representation to any Internet subscribers visiting this site. The material and/or content on this site are for informational purposes only. Internet subscribers should not act upon any information received from this site without seeking professional counsel.

Asbestos Today is NOT a legal referral service. Asbestos Today does not receive consideration from the link(s) of any professional counsel or legal service appearing on this Web site from the representation of any legal proceeding.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Asbestos Today 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 PURPOSE AND NON-INFRINGEMENT.

Asbestos Today MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Asbestos Today OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

14. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Asbestos Today SHALL NOT BE LIABLE TO YOU 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 Asbestos Today HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

15. 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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

16. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.

17. NOTICE

Asbestos Today may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Service.

18. TRADEMARK INFORMATION

The Asbestos Today and Asbestos Today logo trademarks and service marks and other Asbestos Today logos and product and service names are trademarks of Asbestos Today (the "Asbestos Today Marks"). Without Asbestos Today's prior permission, you agree not to display or use in any manner, the Asbestos Today Marks.

19. Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on Asbestos Today in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Asbestos Today the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • 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;
  • 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.

Asbestos Today's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By e-mail:
info AT asbestostoday.com

20. GENERAL INFORMATION

Entire Agreement.
The TOU constitute the entire agreement between you and Asbestos Today and governs your use of the Service, superceding any prior agreements between you and Asbestos Today. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Asbestos Today services, affiliate services, third-party content or third-party software.

Choice of Law and Forum.
The TOU and the relationship between you and Asbestos Today shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Asbestos Today agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.

Waiver and Severability of Terms.
The failure of Asbestos Today to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the other provisions of the TOU remain in full force and effect.

Statute of Limitations.
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 Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

 

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