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User Agreement
We have updated our User Agreement. You are responsible
for reviewing and becoming familiar with all of these
new terms. Your use of the BAROPINIONS.COM site and
services following this notification constitutes your
acceptance of these new terms of service, as well as
the terms and conditions contained in the BAROPINIONS.COM
Privacy Policy and the BAROPINIONS.COM Community Guidelines.
Our use of information you provide to us is governed
by the BAROPINIONS.COM Privacy Policy. If you do not
want the information you provided to us in the past
used in the ways described in our Privacy Policy, please
send us an email at boinfo@BAROPINIONS.COM
ACCEPTANCE OF TERMS
This User Agreement (the "Agreement") applies
to all products and services offered by BAR OPINIONS
(the "Company") through any of the Company's
properties. You agree that the Company may change the
terms and conditions of this Agreement at any time by
posting such changes on the Network and that your continued
use of the Network after any such posting will constitute
your acknowledgment and acceptance of the revised terms
and conditions.
REGISTRATION OBLIGATIONS
To use the site, you do not have to register to become
a member ("Member"). As a Member, however,
you will have access to various services to which non-Members
do not have access, some of which will enable you and
other Members to interact with each other. If you would
like to register to become a Member, please complete
the membership registration form for the appropriate
Company property. You agree to (a) provide true, accurate,
current and complete information as prompted by the
registration form and (b) maintain and update such information
to keep it true, accurate, current, and complete at
all times. If any information provided by you on the
registration form is untrue, inaccurate, not current,
or incomplete, or if we have reasonable grounds to so
believe, we have the right to suspend or terminate your
membership and to refuse to provide you with any future
membership. If we have reason to believe that you have
registered someone other than yourself, we will cooperate
with any law enforcement investigation that may result
from such misrepresentations and shall have the right,
in our sole discretion, to disclose any information
you provided to us in connection with such registration.
The Company makes a good faith effort to prohibit registration
as a Member by, and will not knowingly collect or store
personal information from, children under the age of
13.
FEES
We reserve the right at any time to charge fees for
access to new site content or services or to portions
of the existing site content or services or to the site
as a whole. In no event will you be charged for access
to any site content or service, or to the site as a
whole, unless we obtain your prior agreement to pay
such charges. If you do not consent to such charges,
however, you may not have access to paid content or
services.
MODIFICATIONS
We reserve the right to modify or discontinue, temporarily
or permanently, the site (or any part thereof) with
or without notice. You agree that the Company shall
not be liable to you or to any third party for any such
action.
SITE RULES
Following are some basic rules that apply to BAROPINIONS.COM
that you agree to follow. If you violate any of the
rules, or if we have reasonable grounds to so believe,
we have the right, in addition to pursuing any and all
legal remedies available, to deny you access to the
site. to suspend or terminate your membership and to
refuse to provide you with any future membership. You
agree not to use the site to:
upload, store, post, email or otherwise transmit
any: (a) material that is inaccurate, unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy,
hateful, racist, bigoted or otherwise objectionable,
(b) material that you do not have a right to transmit
under any applicable law or under contractual or fiduciary
relationships, (c) material that infringes any patent,
trademark, trade secret, copyright or other proprietary
right of any party, (d) advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or
any other form of solicitation, except where specifically
permitted, or (e) 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;
connect in an unauthorized manner (i.e., by means
other than the chat and/or messenger clients provided
by the Company) to the chat environment the Company
provides for use by its Members on the Network or
facilitate such unauthorized connections through the
provision of software or other computer code specifically
designed to allow a user to make such unauthorized
connections to the Company's chat environment;
copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to
discover any source code of the chat and/or messenger
clients or any other software the Company provides
through the Network;
impersonate any person or entity or falsely state
or otherwise misrepresent your affiliation with a
person or entity;
forge headers or otherwise manipulate identifiers
in order to disguise the origin of any material transmitted
through the site;
disrupt the normal flow of dialogue, cause a screen
to scroll faster than other users of the site are
able to type (e.g., "flooding" chat), or
otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
interfere with or disrupt the site or servers, networking
and computing equipment or networks connected to the
site, or disobey any requirements, procedures, policies
or regulations of networks connected to the site;
initiate, facilitate, participate in or distribute
a denial of service attack, exploit any documented
or undocumented vulnerability in the Network and its
component networking or computing equipment, or otherwise
initiate, facilitate, or participate in any disruptive
action aimed at the site or the Internet in general;
try to gain access to areas that are private to the
Company or to other site users;
violate any applicable local, state, national or international
law or regulation;
stalk or otherwise harass another;
harm minors in any way, including, without limitation,
to establish unlawful contact with minors (whether
on or off the site);
collect, intercept or harvest member names; collect,
intercept or store personal data about other users
of the site; or solicit or attempt to discover a user's
password, member name, or other registration or usage
information without the user's express knowledge and
consent;
engage in or run raffles, lotteries, contests, or
sweepstakes;
promote or provide instructions or information about
how to engage in illegal conduct or commit illegal
activities or activities intended to cause disruption
to the site, promote physical harm or injury, or promote
any illegal act or act intended to cause harm or disruption
to the Network or the Internet in general; or
store any information or use any Web page or directory
you create, including any member profile or posting
in or to a public area (such as in chat, on message
boards or in response to an online poll), on or through
the site as storage for remote loading or as a door
or signpost to another Web page, whether inside or
outside the site.
You acknowledge that we do not pre-screen material
posted or transmitted on the site, but that we and our
designees shall have the right (but not the obligation)
in our sole discretion to review and edit, delete or
refuse to post any material submitted for display or
placed on the site, including but not limited to message
board posts, profiles, images, personals, chat and reviews.
Without limiting the foregoing, we and our designees
shall have the right to remove any material that violates
this Agreement, that we believe in good faith may create
liability for us, or that we deem is otherwise objectionable.
You acknowledge and agree that we may preserve material
and may disclose material if required to do so by law
or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce this Agreement; (c) respond
to claims that any material violates the rights of third
parties; or (d) in our sole judgment, protect the rights,
property, or personal safety of the Company, its users
or the public.
PRIVACY
Our Privacy Policy states in full our policy regarding
how we handle information that we automatically collect
about you or that you choose to submit to us.
SUBMISSIONS
Through certain areas of the site you may post or submit
material ("Submissions") for viewing by others
or view Submissions of other users (e.g., bulletin boards,
forums, personals, Member profiles, chat rooms or video
chat rooms). By making a Submission, you (a) automatically
grant the Company and its affiliates and licensees the
royalty-free, perpetual, irrevocable, nonexclusive right
and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display and distribute
the content of the Submission (in whole or in part)
worldwide and/or to incorporate it in other works in
any form, media, or technology now known or hereafter
developed, (b) permit any other user of the site to
access, view, store, or reproduce the Submission for
that user's personal use, and (c) represent and warrant
that public posting and use of your Submission by the
Company and its affiliates and licensees will not infringe
or violate the rights of any third party.
LINKS
Our provision of a link to any non-Network site or location
is for your convenience and does not signify our endorsement
of such non-Network site or location or its contents.
The Company shall not be responsible for any information,
software, or links found at any non-Network site or
location, or for any transactions conducted at or through
any linked non-Network site or location.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF BAROPINIONS.COM
IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ALL SUCH MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT,
AND THE COMPANY, ITS SUBSIDIARIES AND LICENSORS HEREBY
EXPRESSLY DISCLAIM, ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT.
THE COMPANY, ITS SUBSIDIARIES AND LICENSORS DO NOT REPRESENT
OR WARRANT THAT THE NETWORK WILL FUNCTION WITHOUT INTERRUPTION,
THAT THE SITE IS ERROR- OR DEFECT-FREE, THAT ANY SUCH
DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE
AND THE SERVER(S) THAT MAKE THE NETWORK AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN
FROM THE COMPANY, ITS SUBSIDIARIES, LICENSORS OR OTHERWISE
THROUGH YOUR USE OF THE SITE SHALL CREATE ANY WARRANTY.
FURTHER, THE COMPANY, ITS SUBSIDIARIES AND LICENSORS
DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS
OF THE USE OF ANY MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE WILL BE CORRECT, ACCURATE, TIMELY OR RELIABLE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR LICENSORS,
OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR
DISTRIBUTING THE NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER
ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING,
WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY),
THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE
NETWORK, ANY CHANGES TO THE NETWORK OR THIS AGREEMENT,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT
SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE NETWORK. THE COMPANY, ITS SUBSIDIARIES AND LICENSORS,
AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING
OR DISTRIBUTING THE SITE ARE NOT RESPONSIBLE OR LIABLE
FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR
ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE NETWORK,
OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NETWORK,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE NETWORK. THE FOREGOING LIMITATIONS ON LIABILITY
SHALL BE APPLICABLE EVEN IF THE COMPANY OR THE APPLICABLE
THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold the Company, its licensors
and any other person or entity involved in creating
or distributing the site, as well as each of their respective
parents, affiliates or subsidiaries and their respective
directors, officers, employees and agents, from and
against any and all claims, liabilities, damages, losses,
costs, fees (including reasonable attorneys' fees) and
expenses that such parties may incur as a result of
or arising out of your (or, in the case of Members,
anyone using your account's) use of, or conduct with
respect to, the Network.
ALLOCATION OF RISK
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS
ON LIABILITY, AND INDEMNIFICATION PROVISIONS SET FORTH
IN THIS AGREEMENT REPRESENT AN AGREED UPON ALLOCATION
OF RISK AND FORM AN ESSENTIAL PART OF THE BASIS OF THE
BARGAIN BETWEEN YOU AND THE COMPANY, WITHOUT WHICH THE
COMPANY WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE
THE NETWORK.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials
available on or through the Network are protected by
copyrights, trademarks, service marks, patents, trade
secrets, or other proprietary rights and laws. You may
print or download one copy of the materials or content
on the site on any single computer for your personal,
non-commercial use, provided that such materials remain
unaltered and are accompanied by a clearly visible copy
of any copyright or other proprietary notice appearing
on such materials. Systematic retrieval of data or other
content from the site to create or compile, directly
or indirectly, a collection, compilation, database or
directory without written permission from the Company
is prohibited. In addition, use of the content or materials
for any purpose not expressly permitted in this Agreement
is prohibited. Except as expressly authorized by the
Company, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative
works from such materials or content. To obtain such
authorization, contact the Company Copyright Administrator
by sending email to boinfo@baropinions.com.
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT
IS CLAIMED
The Company respects the intellectual property rights
of others. Pursuant to Title 17 U.S.C. § 512, as
amended by Title II of the Digital Millennium Copyright
Act (the "Act"), the Company has implemented
procedures for receiving written notification of claimed
copyright infringements and for processing such claims
in accordance with the Act. If you believe your work
has been copied and is accessible through the Network
in a way that constitutes copyright infringement, please
fill out a Notice of Infringement Form and fax or mail
it to the following agent of the Company for notice
of claims of copyright infringement.
The information requested by the Notice of Infringement
Form substantively complies with 17 U.S.C. § 512(c)(3)(A),
which provides:
To be effective under this subsection, a notification
of claimed infringement must be a written communication
provided to the designated agent of a service provider
that includes substantially the following:
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single
notification, a representative list of such works
at that site.
(iii) Identification of the material that is claimed
to be infringing or to be the subject of infringing
activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the
service provider to contact the complaining party
such as an address, telephone number, and if available,
an electronic mail address at which the complaining
party may be contacted.
(v) A statement that the complaining party has a good
faith belief that use of the material in the manner
complained of is not authorized by the copyright owner,
its agent, or the law.
(vi) A statement that the information in the notification
is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly
infringed.
Notification from a copyright owner or from a person
authorized to act on behalf of the copyright owner that
fails to comply substantially with the provisions above
shall not be considered as providing actual knowledge
or an awareness of facts or circumstances from which
infringing activity is apparent. Please provide a Notice
of Infringement Form each time you wish to report alleged
acts of infringement. Please note that the Company will,
in appropriate circumstances, terminate the account
of any Member who repeatedly posts infringing material
on the Network.
CHOICE OF LAW/JURISDICTION AND VENUE
You agree that the laws of the State of California and
the United States will apply to all matters relating
to this Agreement, as they would to agreements made
and entered into entirely in California by California
residents, notwithstanding your actual place of residence.
You agree that all lawsuits arising out of or relating
to this Agreement shall be brought exclusively in the
Federal or State courts located in the Northern District
of California, San Francisco County, and you hereby
irrevocably submit to the exclusive personal jurisdiction
of such courts for such purpose.
GENERAL
This Agreement contains the complete and final statement
of the understanding between you and the Company with
respect to the subject matter of this Agreement and
supersedes any and all prior or contemporaneous negotiations,
agreements or communications, whether written or oral,
between you and the Company concerning the subject matter
of this Agreement. If any provision of this Agreement
is rendered by a court or governmental agency of competent
jurisdiction to be invalid, illegal, or unenforceable,
such invalidity, illegality or unenforceability shall
not affect the remainder of this Agreement which shall
remain in full force and effect and be enforced in accordance
with its remaining terms. The waiver by the Company
of a breach or default of any of the provisions of this
Agreement by you shall not be construed as a waiver
of any succeeding breach of the same or other provisions;
nor shall any delay or omission on the part of the Company
to exercise or avail itself of any right, power or privilege
that it has or may have hereunder operate as a waiver
of any breach or default by you. You agree that, regardless
of any statute or law to the contrary, any claim or
cause of action that you may have arising out of or
related to use of the Network or this Agreement must
be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles
in this Agreement are solely used for convenience and
have no legal or contractual significance. All provisions
of this Agreement that, by their nature, survive termination
of this Agreement will survive termination including,
without limitation, the Acceptance of Terms, Network
Rules, Submissions, Links, Disclaimer of Warranties,
Limitations on Liability, Indemnification, Allocation
of Risk, Proprietary Rights, Choice of Law/Jurisdiction
and Venue and General sections of this Agreement.
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