NMLP Terms of Use Agreement
The NMLP Websites (newmedialegal.com, newmediaproductions.us, depositiontestimony.com, depositionrescue.com and clientlinkserver.com) and all related mobile applications and other interactive properties and services (collectively, the “Websites”) are owned, operated and distributed by New Media Legal Publishing, Inc., a California corporation (referred to in this Privacy Policy as “NMLP” or “we” and through similar words such as “us,” “our,” etc.).
This is a legally binding contract. Please read these Terms of Use (this “Agreement”) carefully. By accessing the Websites, you accept, without limitations or qualifications, all of the terms and conditions in this Agreement as well as those contained in our Privacy Policy. If you do not accept all of the terms and conditions of this Agreement and/or the Privacy Policy, do not access the Websites or any portions thereof.
Use of the Websites is available only to individuals who are at least 18 years old. If you are not yet 18 years old, you are not authorized to use the Websites.
This Agreement and the information and materials presented herein are subject to change at any time and without prior notice. By accessing the Websites at any time after such modifications, you are agreeing to such modifications. This Agreement was last modified as of June 1, 2018.
Acceptable Use of the Websites
General Use Rules. The Websites is intended for individuals seeking to view legal education courses hosted by NMLP. You may use these Websites only for lawful purposes within the stated context of NMLP's intended and acceptable use of the Websites. NMLP is the sole interpreter of the Websites' intended and acceptable use.Your use of the Websites is a privilege. NMLP reserves the right to suspend or terminate that privilege for any reason at any time, at its sole discretion.
License to Use by NewMediaNow! users.NMLP will provide NewMediaNow! customers with access to a webpage where users may view the continuing legal education ("CLE") programs to which access has been purchased by the user, or to all CLE programs currently made available by NMLP if the user is a current subscriber of NewMediaNow!.
License to Use by ClientLink users.In cases where NMLP is hosting a Website on behalf of a law firm and you are accessing that Website at the law firm’s invitation as a lawyer, client, prospective client or alumna/us of the law firm, NMLP will provide users with access to a webpage where users may view the CLE programs made available by NMLP and the law firm.
License to Use by “Deposition Testimony: 5 Simple Rules” and “Deposition Testimony: 5 Simple Rules (Canadian Edition)” users.NMLP will provide access to a webpage where the customers who have purchased access to these programs and the Authorized Viewers (defined below) may view the audio/visual product entitled "Deposition Testimony: 5 Simple Rules" or “Deposition Testimony: 5 Simple Rules” and “Deposition Testimony: 5 Simple Rules (Canadian Edition)” (as applicable) (the “DT Licensed Product”) during the thirty-day (30) license term (the “DT License Term”). The customer who purchases, or on whose behalf an assistant or other authorized person purchases, the pay-per-view license from NMLP's website is referred to as the "DT Licensee." The DT Licensee may grant access to the DT Licensed Product using the webpage and password supplied by NMLP only to the DT Licensee and the DT Licensee's clients (collectively, the "DT Authorized Viewers") during the DT License Term. The DT Licensee may not grant access to the DT Licensed Product to any persons other than the DT Authorized Viewers without NMLP's prior, written consent. The DT Licensee acknowledges that NMLP offers unlimited use licenses which would permit the DT Licensee to grant access to the DT License Product to the DT Licensee's partners, members, associates, employees or others associated with the DT Licensee or the DT Licensee's law firm or company, but that such licenses must be purchased separately, i.e., the right to grant access to the DT Licensed Product to anyone other than the DT Licensee and the DT Licensee's clients is not included with the DT Licensee's purchase of individual pay-per-view sessions.
License to Use by “Deposition Rescue” and “Deposition Rescue (Canadian Edition)” users. NMLP will provide access to a webpage where the customers who have purchased access to these programs may view the audio/visual product entitled "Deposition Rescue" or “Deposition Rescue (Canadian Edition)” (as applicable) (the “DR Licensed Product”) during the fourteen-day (14) license term (the “DR License Term”). The customer who purchases the pay-per-view license from NMLP's website is referred to as the "DR Licensee." The DR Licensee may grant access to the DR Licensed Product using the webpage and password supplied by NMLP only to the DR Licensee during the DR License Term. The DR Licensee may not grant access to the DR Licensed Product to any other person without NMLP's prior, written consent.
Section - 1 Inputting Information
You shall not enter illegal or improper information into the system, including, without limitation, the following:
- Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
- Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
- Information that infringes the copyrights or intellectual property rights of others;
- Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable;
- Information that is defamatory, libelous or invasive of privacy or publicity rights of others;
- Information that is actionable or may subject NMLP to legal action or liability of any kind;
- Information that violates any applicable local, state, national or international law, regulation, or convention.
Section - 2 Acts Against the System
You shall not attempt to or engage in potentially harmful acts that are directed against the system including, without limitation, the following:
- Causing, allowing or assisting any other person to use your account or impersonate you;
- Forging screen names, manipulating identifiers or otherwise impersonating any other person for any reason;
- Emulating or faking usage of the system;
- Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
- Introducing viruses, worms, software, Trojan horses or other similar harmful code into the system;
- Causing, allowing or assisting machines, bots or automated services to access or use the system without the express written permission of NMLP;
- Tampering with the operation, functionality or the security of the system;
- Attempting to override or circumvent any security or usage rules embedded into the system that permit digital materials to be protected;
- Misusing, tricking, disrupting or otherwise interfering with the system.
Section - 3 Suspected Misuse and Penalties
NMLP shall be the sole and final arbiter of suspected Code violations, misuse and penalty. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following:
- Suspension;
- Termination;
- Personal identification;
- Legal action.
- NMLP reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this code.
Section - 4 Interruption and Errors
NMLP does not guarantee that the system will be uninterrupted or error-free. NMLP may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the system, or any portion thereof, at its discretion, with or without notice. The system may be interrupted, delayed or unavailable for your access from time to time for reasons including, but not limited to, the following: routine data compilation, service and maintenance; attacks, interference or interruption by the acts of third parties; earthquake, flood, fire, storm or other natural disaster; war, terrorism, armed conflict; labor strike, lockout or boycott; power failure or blackout; or other unforeseen or unavoidable events. NMLP shall not be liable to you or to any third party for routine, unforeseen or unavoidable interruption, delay or unavailability. In most cases, NMLP will provide you with an extension of time to view the course(s) to which you purchased access equivalent to the period of time the Website(s) were unavailable in the event your access to the course(s) was interrupted.
Section - 5 Securing User Information
NMLP uses commercially reasonable business practices to secure its system. NMLP does not guarantee the security of information and shall not be responsible for infiltration, provided that commercially reasonable practices have been used.
Section - 6 Reliance and Assumption of Risk
Use of the system is at your sole discretion and risk. You have independently evaluated the desirability of using the system. You are not relying on any representation, guarantee, or statement other than this contract. You shall not rely on the accuracy, completeness, usefulness or legality of the system or any information made available through the system at any time. You shall bear all risks of and are solely responsible for your use of the system and all information made available to you through the system.
Section - 7 Disclaimer of Warranties
NMLP MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SYSTEM, THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM OR THEIR RESPECTIVE USES. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM ARE PROVIDED 'AS IS.' ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Section - 8 Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NMLP SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT NMLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your exclusive remedy for any claim shall be limited to the fee paid by you for the subscription term or for the course during which the event giving rise to the claim occurred. In no event shall liability to you exceed the amount paid by you for your subscription or course fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
Section - 9 Indemnifications
You agree to indemnify, defend, and hold NMLP harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system or your breach of any of the terms of this Agreement.
Section - 10 Legal Inquiries and Requests
In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize NMLP to disclose information about you without a subpoena. NMLP, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. NMLP may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of NMLP. NMLP reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.
Section - 11 Choice of Law, Jurisdiction, Forum and Remedies
This contract shall be governed by the Law of The State of California, regardless of the choice of law rules of any jurisdiction. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the federal and State courts located in Los Angeles, California, and you hereby submit to the jurisdiction of such courts for the purposes of adjudicating any such dispute. To the fullest extent permitted by applicable law, NO CLAIM HEREUNDER OR UNDER OUR PRIVACY POLICY SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.
Section - 12 Licensed Trademarks; DMCA
All trademarks and registered trademarks are the property of their respective owners.
If you are a copyright owner and believe that any content on our Websites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide us notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification" at NMLP, Inc., 1801 Century Park East, 24th Floor, Los Angeles, CA 90067 or by email to contact@newmedialegal.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Section - 13 Third Party Links
Our system contains links to other sites. NMLP does not control or endorse those sites by linking to them. You are solely responsible for your use of those sites.
Section - 14 No Third-Party Beneficiary
This contract is only for the benefit of you and NMLP. No third party has any right, claim or interest under this contract as a third-party beneficiary.
Section - 15 Assignment
You may not assign or transfer your rights or obligations under this contract.
Section - 16 Waiver
Delay or failure to enforce any terms of this contract is not a waiver of such terms.
Section - 19 Entire Contract
This Agreement, along with the Privacy Policy, is the entire agreement between you and NMLP; it supersedes all related communications and prevails over any other provisions relating to its subject matter.
Section - 20 Severability of Terms
If any terms of this contract are found to be unenforceable, all remaining terms shall continue in full force and effect as allowed by law.
Section - 21 Headings
Headings are used for convenience and are not to be used for meaning or intent.
Section - 22 Electronic Communications
Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.
New Media Legal Publishing, Inc.
1801 Century Park East, 24th Floor
Los Angeles, CA 90067-6012
(888) 826-2898