Terms of Use - Above the Dotted Line

BINDING LEGAL AGREEMENT BETWEEN THIS WEBSITE AND USERS

TERMS AND CONDITIONS OF USE FOR THE WEBSITE
“ABOVE THE DOTTED LINE”

In order to use this website and blog, “Above the Dotted Line,” (the “Website” or “we”), the Website requires that you (“you” or “user” including plural or possessive) agree to abide by this legal agreement (the “Agreement”) between you and the Website. Be aware that BY USING THE WEBSITE, YOU AUTOMATICALLY AGREE TO THE TERMS OF USE INCLUDING BUT NOT LIMITED TO ALL DISCLAIMERS, LIMITATIONS OF WARRANTY OR LIABILITY, ALL OTHER MISCELLANEOUS PROVISIONS AND ALL PRIVACY POLICIES.

“Use” of the Website includes but is not limited to the following activities: viewing, listening, displaying, subscribing, following hyperlinks, downloading, purchasing products or services, leaving comments or questions on the Website, receiving verbal or written comments or answers from the Website, seeking and/or receiving advice, services or products of ANY KIND from any person or company, associated with, introduced by or published by the Website.

If you disagree with the Agreement in whole or in part, please do not use this Website.

PURPOSE OF WEBSITE

This Website has two purposes. First, it is an online publishing law educational service accessible to anyone interested in the subject matter and, second, an offer of publishing-related legal services by Denise Gibbon, a licensed attorney in California and New York and manager of the Website. The offer of access to publishing-related off-line legal services is no more than an invitation to inquire about legal services. Any legal services provided through the establishment of an attorney-client relationship are NOT services provided by this Website. Ms. Gibbon’s legal representation is limited to residents or businesses located in New York or California. You agree that your role in any attorney-client relationship is separate and apart from all other uses, services or products produced or presented by the Website.

This Website is provided solely for your personal use so that you may learn about and participate in on-line services the Website provides and be made aware of specific and independent off-line legal services. You may not use this site for any other purposes, including any commercial purpose, without the Website’s written consent.

MODIFICATION OF TERMS AND CONDITIONS OF USE

We reserve the right to make any modifications to the Agreement that we deem necessary at any time. Please check this page regularly for written notice of any additional, deleted or revised provisions to the Agreement. Your continued use of the Website signifies your acceptance of those changes.

PURPOSE OF AGREEMENT AND NATURE OF SERVICES

The Website is published in good faith and designed to educate interested members of the public—including authors, ghost writers, co-writers, web-writers, literary agents, small publishers and other English-speaking persons—about publishing contracts, publishing related documents, and other aspects of the publishing business in the United States and other English speaking countries.

NO WARRANTIES OR LIABILITIES IN REGARD TO INFORMATION
PROVIDED ON THE WEBSITE

The user acknowledges and agrees that the Website does NOT provide any warranties about the completeness, reliability and accuracy of any information on the Website. Any action you take based upon the information presented on or published by or through the Website is strictly at your own risk. The Website will not be liable for any losses or damages of any kind in connection with or resulting from first, your use of the Website or second, your choice to communicate with or obtain services or products from any person or company associated with or published by the Website.

No matter where you reside in the world, the educational information provided on the Website is not intended to substitute for competent legal advice from an attorney who practices law where you reside or do business, whether that location is in the United States or any nation outside the United States.

LIMITATION OF LIABILITY FOR THE WEBSITE—NO WARRANTIES

There is no representation or warranty made regarding the accuracy, completeness or correctness of ANY INFORMATION PROVIDED BY OR THROUGH THE WEBSITE.

The information the Website provides includes but is not limited to, among other subjects, current laws, legal developments or customary publishing or business practices in the user’s jurisdiction at the local, state, federal or international level. The user uses Website information at the user’s own risk.

Any articles providing general knowledge published on this website contain basic information on publishing related matters and are not meant to provide advice regarding a specific problem you may have. We reiterate that you should not rely on this general information without first communicating with an attorney or other appropriate professional consultant in your area.

II.

NO ATTORNEY-CLIENT RELATIONSHIPS ARE ESTABLISHED
THROUGH THIS WEBSITE

The use of the Website does not establish an attorney-client relationship between you, the user, on one hand, and the Website, or any attorney published, interviewed or introduced by (“associated with”) the Website, on the other hand. The information on the Website does not constitute privileged and confidential legal advice for or to any particular user. Additionally, the Website does not endorse or warrant and is not liable for any relationship established between one user who is not an attorney and a second user who claims to be an attorney and who leaves verbal or written commentary on the Website or during the course of a teleseminar, webinar or any other on-line or off-line event. The Website has no liability for that relationship or any user’s use of any information communicated between attorney-users and/or other users.

LIMITATION OF LIABILITY—NO WARRANTIES OR LIABILITY IN
REGARD TO ATTORNEYS ASSOCIATED WITH THE WEBSITE

The Website may associate with attorneys on the Website. These attorneys may recommend themselves or other attorneys to provide legal services, products or information to the users. Every user agrees that the Company and Website do not warrant, guarantee or endorse that the user either (a) use the services, products or information or (b) establish an attorney-client relationship with any attorney associated with the Website or any other attorney recommended by the associated attorney.

This Website has no control over the information, products or services provided by any attorney, including those associated with the Website. The Website DOES NOT warrant or guarantee the completeness, reliability and accuracy of information, services or products provided by any attorney to any user.

Any action you take based upon the information provided by any attorney through the Website is taken strictly at your own risk–

Whether or not the attorney is associated with the Website, and
Whether or not you have established an attorney-client relationship with that attorney or any other attorney.

The user accepts full legal and financial responsibility for any and all incidental or consequential damages the user claims resulted from the use of information from this Website or any lawyer associated with the Website. If the user’s home-state prohibits this exclusion or limitation of liability, this limitation may not apply to that user.

III.

PUBLISHING EXPERTS AND OTHER PERSONS ASSOCIATED WITH THE WEBSITE

The Website may associate with various publishing experts and other persons associated with the publishing business and the Website (“persons”) claiming to provide publishing-related or other relevant services. The user acknowledges that in associating with the Website, these persons may advise users about their services and/or products. Those persons associated with the Website may also talk about, identify or recommend the services of third parties, including attorneys, to the user. The Website does not warrant or guarantee either (a) the qualifications of the persons associated with the Website or the quality of their advice, products and/or services or (b) the qualifications of the recommended third parties or the quality their advice, products or services.

If you use the information, services or products provided by any person who claims to be or is associated with the Website or any user communicating with the Website, you do so at your own risk.

The user accepts full responsibility for any and all incidental or consequential damages of any kind, including but not limited to physical, financial or legal damages the user claims resulted from the use of information or services provided by these persons. The user agrees that the Website is in no way liable for any losses the user claims to suffer.

IV.

PROPRIETARY INFORMATION

The content accessible to you on this Website (“proprietary information” or “content”) belongs to the Website or to third parties who have authorized the use of their proprietary information to the Website.

COPYRIGHT NOTICE

The proprietary information on the Website is protected by U.S. and/or international copyright law as proprietary information. Each document, post or page at this Website shall contain the Website or Website publisher’s copyright notice and/or, where necessary, that of a third party who has granted the Website the right to publish that third party’s proprietary information.

The Website’s proprietary information may not be used, including but not limited to being copied, distributed, republished, uploaded, posted, reproduced, altered, duplicated, or transmitted for commercial purposes without prior written permission from the Website. Website content may be downloaded only for personal, non-commercial, educational purposes. All other rights are reserved.

TRADEMARK NOTICES

You are prohibited from using, including but not limited to copying, distributing, republishing, uploading, posting, reproducing, altering, duplicating or transmitting any of the marks or logos appearing in any location on the Website without the express written permission of the Website. This prohibition applies to all marks or logos, including those that are registered and marked with an “R” in a circle, those marked by “TM,” or those standing alone.

CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT

Notifications of claimed copyright or trademark infringement by this Website should be sent to the Website at it’s designated mailing address.

USER SURRENDERS PROPRIETARY RIGHTS IN SUBMISSIONS

The user gives his/her consent for the Website to use all content, remarks, suggestions, ideas, graphics, or other information communicated by the user to or through the Website (the “Submission”). The Website shall be free to use the Submission in the Website’s business in any way that the Website chooses (including without limitation, for products or advertising) and in any form, media, or technology now known or later developed without incurring any liability for royalties or any other consideration of any kind. This license is perpetual, worldwide, and non-exclusive.

Thus, user Submissions shall not be regarded as the user’s confidential, private or proprietary information or that of any third party known to the user. The user guarantees and warrants that the user has the legal and proprietary right to post or communicate the Submission to the Website and that by doing so, the user is not violating any law or the rights of any other person or entity.

The user agrees that the Website shall not incur any liability as a result of any similarities between the user’s Submission and the Website’s present or future content, in whole or in part, in any form, media, or technology now known or later developed.

USER’S LIABILITY FOR SUBMISSIONS THAT INFRINGE ON THIRD
PARTY’S PROPRIETARY OR PRIVACY RIGHTS

Although the Website reserves the rights (a) to monitor the use of this Website to determine compliance with these Terms of Use and (b) to remove or refuse any information for any reason, users are solely responsible for the content of their Submissions. You agree that the Website and/or any person or entity that provide content of any kind to the Website have no liability for either removing or failing to remove any Submission in whole or in part.

By making a Submission, you are guaranteeing and warranting that you have the legal right to post or otherwise communicate the Submission and that it will not violate any law or the rights of any person or entity. If your guarantee or warranty is false or is claimed to be false and the Website is threatened with legal action and/or made a party to a lawsuit or arbitration resulting from the Website’s use of your Submission, you agree that you shall be financially responsible for the defense of the Website and any persons or entities associated with the Website who are also threatened with legal action and/or made parties to the lawsuit or arbitration. Thus, you agree you shall indemnify the Website and associated persons or entities for all reasonable and customary attorneys’ fees, court fees, arbitration fees and administrative costs, as well as any settlement figure agreed to by the Website and the party who either threatens to bring or brings a legal action. You agree to these terms of indemnification (a) whether or not any arbitrator, lower court or appellate court makes any preliminary or final determination in any lawsuit, and (b) whether or not the Website is found liable, in whole or in part.

VI.

USER MAINTENANCE OF WEBSITE SECURITY

You agree not to perform in any way that threatens the security of the Website, causes it to become inaccessible to others or damages the Website or its proprietary content. You agree not to add, remove, or alter the proprietary content, or attempt to access any Website content that is not intended to be accessed. You also agree not to use the Website in any way that could affect the rights of other users or third parties.

If you are required to register for any Website-related activity and must provide specific information, you agree that the information you provide on will be correct, current, and complete. If the Website has reason to believe the information you provide is not correct, current, or complete, the Website has the right to prohibit or refuse you access to the Website and/or any particular information, product or service without notice.

The Website reserves the right to fully cooperate with any law enforcement authorities or court orders requesting or directing the Website to disclose the identity of anyone posting any e-mail messages, publishing on the Website or otherwise making available any materials or content, that are believed to violate these Terms of Use or any governmental prohibitions.

VIII.

JURISDICTION AND USER DISPUTES WITH THE WEBSITE

JURISDICTION: The Website is published in North Carolina and managed by an attorney licensed in New York and California. The Website does not make any representation that either the educational services or off-line, state-specific legal services offered by the Website are appropriate for jurisdictions outside of New York or California. Display of, access to or use of the Website in other states or outside the United States does not establish jurisdiction in those locations.

No matter where you, the user, does business or resides, you irrevocably consent to personal jurisdiction in Wake County, North Carolina in any dispute with the Website. Any claim arising out of or related to access to or use of the Website or Website content shall be governed by the laws of the State of North Carolina.

DISPUTE PROCESS: You agree to the following steps in resolving any dispute as you agree to all other terms governing the Website’s Terms of Use. If a dispute arises under these Terms of Use, you agree to take the following steps.

Mediation. First, you and the Website shall attempt to resolve the dispute under the guidance of a mutually agreed-upon mediator in Wake County, North Carolina. Any costs and fees associated with the mediation other than the parties’ attorney fees shall be shared equally by the Website and you.

Arbitration. Second, if it proves impossible to arrive at a mutually satisfactory solution through mediation, the Website and you shall submit the dispute to binding arbitration in Wake County, North Carolina under the rules of the American Arbitration Association. Any judgment rendered by arbitration shall be entered in any court with appropriate jurisdiction. Any costs and fees directly associated with arbitration, excluding each party’s attorney fees or any other personal expense, shall be shared equally by the Website and you.

IX.

ADDITIONAL MISCELLANEOUS PROVISIONS

HYPERLINKS AND EMAIL ADDRESSES: As a convenience for the user, we post links on this Website to other websites. The Website shall not assume any responsibility for the content, security or reliability of any websites to which we post links. Links to these other websites do not signify that we recommend the content on these other sites. This Website has no control over the information, products or services on these other sites and does not warrant or endorse them in any manner whatsoever. Also be aware that when you leave this Website, other websites may have different privacy policies, disclaimers, warranties, and terms and conditions which are beyond this Website’s control. The user follows these links at your own risk.

NO SPAMMING: This Website prohibits all spamming. Spamming is defined as the unauthorized and unsolicited broadcast of email addresses, links, or other unrequested information.

COMPLETE UNDERSTANDING: This Agreement supersedes any prior or current communications, representations or agreements between this Website and the user, and constitutes the complete and final Agreement between this Website and the user.

VALIDITY/ILLEGALITY: If one or more of the provisions of this Agreement is judged to be unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.

FORCE MAJEURE: The Website is not liable for having breached this Agreement if delays or failures in performance result from events outside the Website’s reasonable control. These events include but are not limited to the following: acts of God or a public enemy; natural calamities; failure of a third party to perform for the Website as promised or contracted; changes in federal, state or local laws or regulations; power outages or other disruptions of public or privately contracted communication systems.

GLOBAL WARRANTY COVERING WEBSITE PROVIDED INFORMATION, PRODUCTS AND SERVICES

THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY INFORMATION, PRODUCTS OR SERVICES PRESENTED ON, BY OR THROUGH THE WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, COMPLETENESS, SECURITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE TO EXPECT TO ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS RESULTING FROM YOUR USE OF OR COMMUNICATION THROUGH THIS WEBSITE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE WEBSITE OR COMMUNICATED VIA THE WEBSITE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

THE WEBSITE AND THOSE ASSOCIATED WITH IT, INCLUDING BUT NOT LIMITED TO ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE WEBSITE AND THOSE ASSOCIATED WITH IT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE WEBSITE FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH THE ALLEGED LIABILITY AROSE.