Effective April 12, 2019
Through your use of our service, you agree to these Terms.
Your Access to the Service
As a condition of your right to access and use our Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Site under the laws of the United States or any other country. MDH reserves the right to terminate your access in the event you violate these Terms or other applicable rules or agreements between you and MDH. You are entirely responsible for all activities conducted in connection with your use of the Site.
Third-party Platform and Content
Modifications and Interruption to the Site
We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Site, or that our Site will be error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
You may not engage in any of the following with regard to the Site (including without limitation posting or transmitting content through the Site):
(1) violate or encourage the violation of any local, state, national, or international law or regulation;
(2) collect or store personal data about other users of our Site or solicit personal information from any individual without proper rights or consent of the individual;
(3) send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by MDH in its sole discretion;
(4) infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
(5) promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
(6) disrupt or interfere with the security or use of the Site or any websites or content linked to them;
(7) interfere with or damage the integrity of the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Site;
(8) use the Site to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
(9) attempt to use another user’s account, misrepresent your affiliation with a person or entity, including (without limitation) MDH, or create or use a false identity;
(10) attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
(11) use any meta tags or any other “hidden text” utilizing MDH name, trademarks, or product names;
(12) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Site;
(13) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or
(14) assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, you may not:
(1) reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any MDH content or any use of or access to the Site;
(2) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our web pages or the Content contained thereon, unless in connection with commercial search engine indexing;
(3) deep link to the Site for any purpose; or frame the Site, place pop-up windows over any content, or otherwise affect the display of the Site; or
(4) reverse engineer the Site (to the extent such restriction is permitted by law).
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, MDH, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS AND SITE OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE
AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You agree to indemnify, defend, and hold the Company Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Site, or other use of our Site in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you, or another user of our Site using your computer, device or account.
Copyright and Trademark Information
All content, copyrights and other intellectual property rights in the content available on our Site, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively, “Content”), are owned by MDH or its licensors, with all rights reserved, or in some cases may be licensed to MDH by other third parties. This Content is protected by the intellectual property rights of MDH or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered.
All trademarks displayed on our Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with MDH. You may not use or display any trademarks or service marks displayed on this site without the prior written consent of us or such third-party owners (as applicable).
Permitted Use of the Content
Any use of Content on the Site, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MDH or as part of a client agreement with MDH, is strictly prohibited. You may not make any use of Content owned by any third parties which is available on or through the Site, without the express consent of those third parties.
If you believe that any Content on our Site violates these Terms or is otherwise inappropriate, please report the Content by contacting us at firstname.lastname@example.org.
Notification of Claimed Copyright Infringement
In the event that you find content posted on our Site which you believe to be an infringement of the copyright of any third party, please immediately contact MDH’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (the “DMCA”):
Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
1) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
2) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
3) if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
4) a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
5) your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
6) a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
MDH Law Group
1001 Bannock Street
Denver, Colorado 80204
E-mail: email@example.com, subject line: “DMCA Notice”
In accordance with the DMCA, it is the policy of MDH to terminate use of our Site by repeat infringers in appropriate circumstances.
Providing Feedback to MDH
We welcome your comments and feedback about our Site. All information and materials submitted to MDH through the Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of MDH (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but MDH reserves the right to treat any such Feedback as the confidential information of MDH.
By submitting Feedback to MDH, you assign to the MDH Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
Consent to Electronic Communications
By using the Site, you agree that MDH may communicate with you electronically regarding your use of the Site and related matters, and that any notices, agreements, disclosures or other communications that MDH sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify MDH at firstname.lastname@example.org.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the state and federal courts of Denver, Colorado, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by MDH.
Notice for California Residents
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Changes to These Terms
We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of any of our Site after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
Force Majeure – MDH will not be liable for any failure or deficiency in the performance or availability of the Site by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to MDH, fire, terrorism, natural disaster, or war.