v.1.7
Effective Date: 1 January 2011
Last Revised: 1 January 2021
Your acceptance of these Terms is required in order for you to join Redline and to access and use the Site and its Services. By registering on Redline, or by using our Site or Services, you are entering into a legally binding agreement with us. Please read these Terms carefully. If you do not agree to these Terms, you cannot use the Services or access the Site, or join the Redline membership. We provide the Services subject to your acceptance and ongoing compliance with these Terms. We reserve the right at our discretion to update these Terms periodically. We will notify you of updates via an email sent to the email address we have on file for you or via other notification mechanisms. Your continued use of and access to the Site and Services after such email or other notice of such updates indicates your acceptance of and agreement to the modified Terms. If you violate any of these Terms, your permission to use the Services and access the Site automatically terminates, unless such violation is waived by us in writing in our sole discretion.
You must be 18 years of age or older, and a Legal Professional, in order to join the membership and use the Services. All use of the Services is for your Professional Use only. No lawyer-client relationship is established from using the Services, either as between you and us or you and any other Member. Any lawyer-client relationship must be formed, if at all, off Redline.
As between you and us, you are the sole and exclusive owner of all original Content authored by you, and nothing in these Terms will be construed to the contrary.
DEFINED TERMS
"Content": documents, photos, video, audio, music files, images, edits, variations, redlines, layers, messages, polls, queries, guilds, posts, comments, notes, signals, votes, ratings, rankings, clauses, quivers, favorites, and any other text, content, information or data accessible via use of the Site, or otherwise made available to Redline Members, as of the Effective Date and thereafter, including any of the foregoing provided by a Member or by us.
"Effective Date": the date stated underneath the title of these Terms at the top of the page.
"Juridiko": Juridiko (pronounced "jer-ID-eh-ko") Corporation, a California corporation. In these Terms, Juridiko is referred to by “us”, “we” or “our”, as applicable.
"Legal Professional": a person qualified and, where applicable, licensed by a governmental or regulatory entity, to provide legal services, advice and counsel under authority of the laws and/or regulations of the applicable jurisdiction where such person resides and provides such services, and who is engaged in the authorized practice, or the instruction and/or research, of law. In the United States, a Legal Professional must be an attorney licensed, and a bar association member in good standing, in at least one of the territories or states of the US, or Washington, D.C. Outside the United States, a Legal Professional must be a lawyer (such as a counselor, barrister, advocate or solicitor) duly educated, licensed or accredited, and authorized in good standing.
"Member": any user of the Services.
"Professional Use": use in furtherance of: (a) a Member's provision of legal services for the benefit of such Member's clients and/or employers on an individualized basis; and (b) a Member's own publicly available research and scholarship, including use by those engaged in the instruction, teaching, or learning of the law. Without limiting the generality of the foregoing, Professional Use excludes, and you agree not to engage in or assist others to engage in, publication or distribution of Content (outside of Redline) not authored by you, except (c) with the permission of the author of such Content; or (d) in accordance with copyright fair use principles or their corollary applicable in your jurisdiction.
"Redline" or "Services": the services, features, functionality and Content accessible via use of the Site, or services otherwise made available to the members of Redline, as of the Effective Date and thereafter.
"Site": redline.net and any web pages that are a part of redline.net, as of the Effective Date and thereafter.
"Terms": these Redline Terms of Membership, as modified from time to time.
1.0 LICENSED RIGHTS TO THE SITE, SERVICES AND CONTENT
1.1 Our License to You. Subject to your compliance with these Terms, particularly sections 2, 3, 4, 6 and 7 below, we hereby grant to you permission to access and use the Site and Services, and we grant to you a non-exclusive, non-transferable, worldwide right and license to use, reproduce, modify, create derivative works of, perform, display and distribute Content solely and exclusively for your Professional Use, except that with respect to (a) music files, such license is limited to internal non-commercial private use (listening only) within the Site, and not commercial use or performance, reproduction or distribution; and (b) theme images for display within the Site, no license is granted to copy or distribute. You may not access the Site or use the Services or Content: (c) if you are a direct competitor of us, or operating on behalf of such a direct competitor; or (d) for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes. You may not have more than one Redline account at any given time. Other than for your Professional Use, you may not sublicense, sell access, resell, transfer, copy, distribute, make derivative works of, monetize or commercially exploit or make available, the Content or the Services. Such activity is not licensed under these Terms and if undertaken may result in pursuit of all available remedies for intellectual property rights infringement, the availability of which you hereby acknowledge.
1.2 License to Members. You and each Member hereby grant to every other Member, subject to compliance with these Terms, particularly sections 2, 3, 4, 6 and 7 below, the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive right and license to use, reproduce, modify, create derivative works of, perform, display and distribute any contributed Content solely and exclusively for such Member’s Professional Use, except that with respect to music files, the foregoing license is limited to internal non-commercial private use (listening only) within the Site, and not commercial use or performance, reproduction or distribution.
1.3 Member Licenses to Us. You and each Member hereby grant to us the perpetual, irrevocable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive right and license to use, reproduce, modify, create derivative works of, perform, display and distribute without restriction (including via any medium) the Content, in whole or in part, for purposes of providing, developing, improving, making available (including via public search engines), promoting and marketing the Services, and to identify the source of Content. Notwithstanding the foregoing, we will not distribute your Content except: (a) in the delivery of Services; (b) to provide brief, limited excerpts of your Content for marketing, promotional, or fair use purposes, or to display on search results via third party search engines or third party services; (c) as set forth in the Privacy Policy, and (d) with your prior written consent. With respect to music files, the foregoing license is limited to making such files available to the Members for our and the Members' internal private listening within the Site, and not performance, reproduction or distribution. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, benchmarks, requirements, suggestions, criticisms, improvements, recommendations, ideas, and error corrections provided by you to us relating to the Site, Services, Content, or our other products or services.
1.4 Reservation of Rights. No other right or license to the Services, Site or Content is provided, and no other license will be implied, by course of conduct or otherwise. Except as per section 1.5 below, each Member retains all right, title and interest in and to such Member's Content, and all associated intellectual property rights, subject to these Terms. Subject to these Terms, we retain all right, title and interest in and to the Site, Services and our Content, and all associated intellectual property rights. Except as expressly authorized by these Terms, Members will not use, reproduce, or distribute Content contributed by other Members or us. The user interface, user experience, icons, presentation layer and elements, terminology, gamification, reports, layouts, and screen displays of or generated by the Services and the Site are our copyrightable content, our trade dress and our servicemarks, and will not be reproduced, distributed, or displayed except for your internal use and not for external use or exploitation.
1.5 Third Party Infringers. It may be necessary for us to pursue third party infringers of Member Content in whole or in part. Under applicable law, we may not have standing to bring judicial claims against such infringers if we lack ownership in the Content we are seeking to protect. Therefore each Member agrees to the following:
(a) In the event we decide to pursue a third party infringer of Content, in our sole discretion, we will so notify the membership via email and/or other notification mechanism(s), and provide Members a reasonable period of time to affirmatively opt-in to the enforcement action. Each Member may elect to opt-in at his or her sole discretion.
(b) If we have received the prescribed opt-in notification by the date specified in the notice described in subsection (a) above, each such opting-in Member will be deemed to have thereby transferred and assigned to us, without charge, full and complete ownership of all of such Members' Content, and all applicable intellectual property rights related thereto. Each Member hereby acknowledges and agrees that opting-in per the notification mechanism specified in the notice described in subsection (a) above constitutes valid and effective assignment of copyright to such Member's Content, in full compliance with 17 U.S.C. 204(a) and any other or similar provisions under copyright laws worldwide.
(c) Notwithstanding such transfer and assignment, we hereby undertake to use such Member Content only (i) as permitted in section 1.3 above and (ii) for purposes of pursuing infringement claims against the third party infringers specified in the notice described in subsection (a) above. Further, we hereby grant to all such Content-assigning Members a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, non-terminable and fully sublicensable right and license to use, reproduce, modify, create derivative works of, perform, display and distribute without restriction (including via any medium) all such assigned Content.
2.0 TERMS APPLICABLE TO CONTENT
2.1 Propriety of Content. All Content, whether publicly posted on or privately transmitted via Redline, is the sole responsibility of the Member from which such Content originated. The Member, and not us, is entirely responsible for all such Content that the Member contributes. No Member will transmit Content or otherwise conduct or participate in any activities on the Site and/or any Service which, in our sole judgment, is likely to be prohibited by law, is in violation of professional responsibility or ethical obligations of any applicable jurisdiction, or violative or in breach of third party rights in any applicable jurisdiction, including without limitation laws governing libel and defamation, encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content, or otherwise engage in any activity in connection with the Service, that (a) is hateful, offensive, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) constitutes infringement of the intellectual property rights of any party; (d) creates an impression that is incorrect, misleading, or deceptive, including without limitation by impersonating others or by otherwise misrepresenting your identity or affiliation with a person or entity; or (e) divulges other people's private or personally identifiable information without their express authorization and permission. You represent and warrant that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential or privileged, and is not in violation of third party rights. We may, in our sole discretion, terminate the Services as to any Content that we believe in our sole judgment is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of Redline, Members and/or the public.
2.2 Use of Content. Each Member, by using Redline or any Service, may be exposed to Content that is offensive, indecent, objectionable, false or erroneous. Each Member must evaluate, and will bear all risks associated with, the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We will not pre-screen or actively review Content, but we may refuse or delete any Content of which we become aware that fails to fulfill the purpose of the Services, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our sole discretion. We do not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors, inaccuracies, or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. We will have no obligation or liability to you or any Member to maintain, store, or license Content, protect and maintain Content owners' intellectual property rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of Content or your inability to effectively use same, your failure to comply with these Terms, or for any act, omission, or conduct of any Member.
2.3 Third Party Sites. Redline, any Service, Members, or a third party may provide links to other websites or login access via such links. Such links will not be construed as an endorsement, sponsorship, or affiliation. We exercise no control whatsoever over such other non-Redline websites and web-based resources and are not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. We will not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of websites linked to or from Redline, including information, material, products and services therein, is solely at your own risk.
2.4 Member Identities. We do not guarantee the authenticity of the identity or the status as a Legal Professional of any Member. Members are solely responsible for authenticating the identity of other Members. You acknowledge that identities may be concocted and that other Members may be acting under false pretenses or acting without authority.
2.5 Anonymity. You may have the option of submitting Content anonymously. While we endeavor to ensure that such postings remain anonymous, we cannot guarantee anonymity and make no warranty that other Members will never be able to determine your identity, such as (without limitation) by observations of your activity on the Site, the manner in which you express yourself, patterns of conduct or behavior, security breaches, or other system failures. Further, it may be possible for other Members to ascertain the fact that a Member has posted anonymous content.
3.0 REGISTRATION DATA AND CREDENTIALS
3.1 Accuracy of Registration Data. You will provide true, accurate, current and complete information in connection with requesting an invitation and registering as a Member ("Registration Data") and you will maintain and promptly update Registration Data as necessary to maintain its truth and accuracy. You hereby represent and warrant that all Registration Data is and will be true, accurate, complete and not misleading in all material respects. You will not create a membership account for anyone other than for yourself as a natural person. If, after investigation, we have reasonable grounds to suspect that any Member's Registration Data is untrue, inaccurate, not current or incomplete, or is not in compliance with these Terms, we may suspend or terminate that Member's account and prohibit any and all current or future use of the Services (or any portion thereof) by that Member. We handle Registration Data in accordance with the Redline Privacy Policy. The privacy policy is applicable only when you are on the Site.
3.2 Sign-On Credentials; Private Guild Codes. When creating an account and launching private guilds, you will receive or be permitted to create sign-on credentials (user name and password), and private guild access codes, respectively (such credentials and codes, "Sign-On Credentials"). You are solely responsible for maintaining the confidentiality of Sign-On Credentials. You will not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent, except that you may disclose to and receive from other Members private guild access codes for membership invitation in such guilds. You acknowledge that anyone with the access code for a private guild that you have launched may access and join that guild and access private guild queries. You will not access or attempt to join any private guild, or access an associated query of such guild, to which you have not been invited by such private guild's moderator. Your access to a private guild may be revoked at any time and for any or no reason. You will provide any reasonably requested information we may request in connection with any guild moderator access revocation request. We will not be liable for any loss or damage arising from: (a) your or a Member's failure to comply with this section; (b) unauthorized use of Sign-On Credentials; (c) an inability to access Redline or any private guild; or (d) unauthorized private guild access. You will immediately notify us at help@redline.net of any unauthorized use of Sign-On Credentials or any other breach of security.
3.3 Change of Username. We may require you, as a condition of membership, to change your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
4.0 SITE INTEGRITY
4.1 Prohibited Uses. You will not use the Site in any manner that could damage, disable, overburden, or impair any Redline server, or the network(s) connected to any Redline server, or interfere with any other party's use and enjoyment of the Site and Services including without limitation falsifying or altering Content posted by others, except via normal and intended operation of the Services. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means, or exploit bugs or vulnerabilities in the Site or Services. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any Member, user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited email or messages, including, without limitation, promotions, or advertisements for products or services; (e) publishing or linking to malicious content intended to damage or disrupt another Member’s browser or computer or to compromise a Member’s privacy or anonymity; (f) forging any TCP/IP packet header or any part of the header information in any email or in any posting; (g) accessing or tampering with non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (h) accessing or searching or attempting to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (i) deep-linking to the Site for any purpose (ie, posting a link to a Site web page other than the home page); (j) aggregating Content (other than your own) in whole or in part with data, content, or information available from other websites or services; or (k) removing or obscuring any form of advertising on the Site or displayed via the Services.
4.2 No Harvesting or Crawling. You will not engage in harvesting or other collection of information about other Members, including email addresses, without our prior and each such Member's prior written consent. You agree not to “crawl” or "scrape" the Site or use or launch any automated system, including without limitation, "robots", "spiders", etc. that accesses the Site or pulls Content therefrom (other than those used by public search engine providers for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials), including in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using conventional on-line web browsers.
4.3 No Framing. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services on the Site. The Site and all Services on it are for your Professional Use only. Except in furtherance of your Professional Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content not authored by you. Without limiting the generality of the foregoing, you will not publish, distribute or transmit to the general public via any medium, whether via print, online, or otherwise, the Content (other than your own) or Services, except through the Site or as otherwise authorized by these Terms or by us, you will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site or its Services, and you will not send messages purporting to be from us. You will not remove or attempt to obscure any copyright, trademark or other proprietary rights notices contained in or on the Site or associated with the Services, including ours and our licensors.
4.4 Account Data. While we will endeavor to back up Site data and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any Content. You acknowledge and agree that your Content shall not be retrievable or accessible except via your authorized use of the Services and that we are under no obligation to compile and return to you your Content, including if Services terminate for any reason or if you elect to deactivate your membership. We reserve the right to mark as "inactive" and archive Redline accounts and/or queries, projects, guilds, groups, forums, discussions or similar interactions that are inactive for an extended period of time. Further, you acknowledge that we may monitor and collect information (including but not limited to technical and diagnostic information) about your usage of the Services in order to improve the Services and to verify compliance with these Terms.
4.5 Notifications to Us. If you believe that you are entitled or obligated to act contrary to these Terms under any mandatory or applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you so act, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
4.6 Notifications to You. For purposes of service messages and notices about the Services to you, we may place a banner notice across Site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and otherwise in relation to these Terms through your account or through other contact information you have provided to us, including email, mobile number, telephone, or delivery services including the postal service. You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.7 Network Security Risks. Because no online system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured, you accept security risks associated with or arising from your use of the Services, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
4.8 Network Access. You acknowledge that use of the Services requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator or other service provider. It is your responsibility to obtain at your cost all equipment, software and internet access necessary to use the Services.
5.0 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 Disclaimer. EACH MEMBER'S USE OF REDLINE AND SERVICES IS AT HIS OR HER SOLE RISK. REDLINE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE OR DISPLAY ANY CONTENT, MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE OR SERVICES. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) Redline or any Service will meet your requirements, goals or needs, (b) the Site or Services access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies will be corrected. Further, scheduled and preventive maintenance, required and emergency maintenance work, or disruption of services from internet service and hosting providers, may interrupt services or access to the Site.
5.2 Liability Limitation. EXCLUDING ONLY DAMAGES ARISING OUT OF OUR LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY EXCLUDE LIABILITY, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MEMBER'S USE OR INABILITY TO USE THE CONTENT, SITE OR ANY SERVICE; FAILURE TO COMPLY WITH THE PRIVACY POLICY OR THESE TERMS; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR DELETION OR ALTERATION OF A MEMBER'S CONTENT; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO US, THE SITE, CONTENT, THESE TERMS, THE PRIVACY POLICY, OR ANY SERVICE. EXCLUDING ONLY OUR LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY LIMIT LIABILITY, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $10 IN THE AGGREGATE. 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.
5.3 Indemnification. You agree to defend, indemnify, release and hold harmless us, our suppliers, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively "Protected Parties") in full from and against any and all claims (including third party claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with: (a) your unauthorized access to or use of, the Content, Site or Services, (b) your breach of these Terms, (c) your use of Content or conduct engendered thereby, and any activities you conduct on or through the Site, or (d) your infringement, or infringement by any other user of your account, of any intellectual property right or other right of any person or entity. Further, in the event you have a dispute with one or more Members, you hereby release the Protected Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes.
FOR CALIFORNIA, USA RESIDENTS: You further agree that these Terms waive and release any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides: “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 understand that you are releasing us from all claims, whether known or unknown to you, and whether or not you suspect that those claims may exist at this time.
6.0 PAYMENT TERMS
To the extent we charge membership dues, fees and any other charges for membership in Redline, and the use of the Services, are described on the Site and are nonrefundable. Fees may change from time to time. If we change fees or charges, we will give you reasonable notice. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees in any applicable jurisdiction. Your obligation to pay fees continues through the end of the membership period during which you cancel your membership.
7.1 Code of Conduct. Redline is a global association of Legal Professionals dedicated to elevating our profession—legal artisans coming together in a unique and dynamic online collaboration environment. Members must treat other Members with the utmost courtesy, deference, respect and consideration. Online or offline conduct that violates these norms or these Terms, in our sole judgment, may result in account termination, including without limitation: (a) ad hominem attacks; (b) questioning another Member's honesty, judgment, competence or intelligence; (c) dealing with a Member in a personal and belittling way; (d) revealing another Member's identity when that Member has chosen anonymity; (e) posting private correspondence openly; (f) impersonating any person or entity or misrepresenting any affiliation or relationship; (g) conveying unsolicited marketing, spam, or similar promotional content or materials; (h) stalking or otherwise harassing or abusing a Member; (i) using a Member's Content against that Member in any litigation, proceeding, or negotiation in order to show inconsistency or contradiction, in violation of section 8.2; and (j) conduct that violates applicable law or standards of professional responsibility. In addition, reference is made to the Core Rules of Netiquette, with which you agree to comply to the best of your ability:
1) remember the human;
2) adhere to the same standards of behavior online that you follow in real life;
3) know where you are in cyberspace;
4) respect other people's time and bandwidth;
5) make yourself look good online;
6) share expert knowledge;
7) help keep flame wars under control;
8) respect other people's privacy;
9) don't abuse your power; and
10) be forgiving of other people's mistakes.
A single flagrant and intentional, or particularly egregious, violation of these rules, or repeated transgressions, may result in account termination, in our sole judgment.
If there is a conflict between the Core Rules of Netiquette and these Terms, these Terms will prevail.
7.2 Mojo and Bounty. Redline relies on the honesty and integrity of its Members, especially with respect to the mojo and bounty system. Upvoting and downvoting should be undertaken solely as a means of expressing the voting Member's honest assessment of the quality of posted content. Mojo and bounty should be sought and obtained honestly and in good faith. Attempts to game the mojo or bounty system, or otherwise recoup mojo or bounty in a manner inconsistent with the purposes of such system, may result in recalculation and reposting of your mojo and bounty accounts, or expulsion from Redline.
7.3 Invitations. We permit and in fact encourage members to invite trusted colleagues to join. Please use your best judgment in selecting lawyers for membership. You agree to invite only lawyers, and only those lawyers that you believe will elevate the quality of our discourse. We may deny or terminate membership for any of your invitees for any reason, including for failure to satisfy membership eligibility.
7.4 Removal of Content. We may delete or withdraw Content that violates these Membership Norms.
8.1 No Lawyer-Client Relationship. The Services are not a substitute for the advice of a lawyer licensed to practice law in your area and familiar with your personal situation. Transmission of Content is not intended to create, and the receipt thereof does not constitute the formation of, a lawyer-client relationship, either between or among Members or between us and any one or more Members. Because the law changes frequently, and differs from jurisdiction to jurisdiction, the information contained on the Site may not reflect the most current legal developments, and we do not make any warranty that any Content on the Site is correct, accurate or complete. NOTHING CONTAINED IN OR AVAILABLE VIA THE SERVICES IS INTENDED TO RENDER LEGAL ADVICE, AND NO SUCH LEGAL ADVICE WILL BE INFERRED. YOU ARE WHOLLY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS, RULES OR REGULATIONS APPLICABLE TO YOUR ACTIVITIES AND OPERATIONS, AND YOU ARE WHOLLY RESPONSIBLE FOR OBTAINING FROM YOUR OWN LEGAL COUNSEL ANY REPRESENTATION AND ADVICE NECESSARY OR APPROPRIATE IN CONNECTION THEREWITH.
8.2 Not Representative of Other Parties’ Opinions. The opinions, viewpoints, and positions expressed by Members in Content contributed by such Members do not necessarily represent the opinions, viewpoints, and positions of such Members’ clients or employers, and such representation will not be implied. As such, each Member agrees that he or she will not, in furtherance of advancing his or her individualized client's or employer's positions or claims, and as part of his or her advocacy on behalf of such client or employer in any negotiation, proceeding, or litigation, use, quote or display any other Member's Content derived solely from such other Member's Redline postings, in a manner adverse to the positions or claims of such other Members' clients or employers in such specific negotiation, proceeding, or litigation (such as, for example, quoting a Member's Content in order to show that the position such Member is advancing on behalf of such Member's client is inconsistent, hypocritical or contradictory). Each Member is an intended third party beneficiary of this section.
8.3 Antitrust Compliance. The Services will not be used in any attempt to bring about any understanding or agreement, express or implied, among or between competitors with regard to prices, discounts, terms or conditions of sale, distribution, territories, customers, allocation of markets, or marketing practices, or to share competitively sensitive information, or to disparage or boycott vendors, suppliers or other Members. Members will comply with competition and antitrust laws of all applicable jurisdictions.
8.4 Membership; Service Discontinuance/Modification. Within the constraints of applicable law, we alone decide on the criteria for membership in the Redline association of lawyers, and whether a given applicant satisfies that criteria, in our sole discretion. We are under no obligation to reveal this criteria. We reserve the right to loosen, tighten or change membership criteria from time to time. We anticipate that satisfying membership criteria will become more difficult as the membership grows. We may from time to time modify or discontinue access to, temporarily or permanently, the Site or any Service thereon (or any part, feature, or functionality thereof, as well as internal rules of operation, eligibility, pricing, gamification, visibility to or accessibility of the public, and other aspects). We will not be liable for any such modification, suspension or discontinuance, even if certain features or functions, your settings, and/or any Content you have contributed or have come to rely on, are permanently lost.
8.5 Account & Service Termination. We may deny membership or terminate your or any other Member’s Redline account for cause, including without limitation for: (a) failure to meet membership eligibility; (b) violation of these Terms; (c) abuse of Site resources or any attempt to gain unauthorized entry to the Site or Services; (d) use of the Site or any Service in a manner inconsistent with the purpose of the Services; (e) behavior or conduct that is inconsistent with or detrimental to the reputation of Redline or the membership; (f) failure to maintain Legal Professional status; and (g) requirements of or for failure to comply with applicable law, regulation, court or governing agency order, or ethical requirements. We may in addition terminate the availability of the Site and Services for our own business reasons, including if we elect to cease being in the business of providing the Services. Our termination of any Member's access to the Site or any Service hereunder may be without notice and, on such termination, we may immediately deactivate or delete any Member's account and Content, and/or bar any further access to the Site and Services. We will not be liable for any termination of Member's access to the Site or Services. After account termination, you will not attempt to register a new account without our permission.
8.6 Membership Deactivation. Upon your deactivation, your profile page (with a notice that your membership has been deactivated) will still be visible after deactivation; all your posted content will still be accessible to the Members; you will no longer receive subscription notification emails; and logging back into your account at any time will reactivate your membership.
8.7 US Government Restricted Rights. Services are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Services and related materials by the U.S. Government constitutes acknowledgment of our proprietary rights in same.
8.8 Trademarks. You are granted no right, title or license to any third party trademarks by these Terms, or to any of our trademarks or servicemarks except as expressly set forth in these Terms. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, trade dress, domain names, and similar identifiers, including without limitation Juridiko, lawyers with mojo, lawyer up, and Redline ("Marks"). You will not: (a) challenge our ownership or use of the Marks; (b) attempt to register any Marks; or (c) incorporate any Marks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. Any and all use of the Marks by or for you inures to our benefit. If you acquire any rights in any Marks by operation of law or otherwise, you will immediately and at no expense to us, assign such rights to us along with any associated goodwill, applications and registrations.
8.9 US DMCA. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement in the United States, you may notify us by providing the following in writing: (a) identification of the copyrighted work that you claim has been infringed; (b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (c) your name, address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not fair use and is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. The above writing must be electronically or physically signed by you, as the owner of the content claimed to be infringed or the owner's authorized agent. If we receive such a claim, we may refuse or delete Content, or terminate a Member's account in accordance with these Terms. Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (Agent No. DMCA-1000779, +14152873207, 1320 San Anselmo Ave., San Anselmo, CA 94960) can be contacted via dmca@redline.net. In addition to forwarding your notice to the person who provided the allegedly illegal Content, we may send a copy of your notice (with your personal information removed) to Lumen (https://lumendatabase.org/) for publication and/or annotation. A link to your published notice will be displayed on Redline in place of the removed Content. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a Member’s account if the Member is determined to be a repeat infringer.
If you believe that a notice of infringement has been improperly submitted against you, you may submit a counter-notice, electronically or physically signed by you, and containing the following:
f) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
g) your name, address, and telephone number;
h) a statement, made under penalty of perjury, that you have a good faith belief that the removal of the material was a mistake or misidentified, or that your use of the material is fair; and
i) a statement that you consent to the jurisdiction of Federal District Court (i) in the judicial district where your address is located if the address is in the United States, or (ii) for the Northern District of California (San Francisco County), if your address is located outside the United States, and that you will accept service of process from the complainant submitting the infringement notice or his/her authorized agent.
8.10 Governing Law. These Terms, the Services, the Site and Content, membership in Redline, and any disputes related to or concerning any of the foregoing (including tort as well as contract claims, and whether pre-contractual or extra-contractual), will be governed by and settled in accordance with the substantive and procedural laws of California and controlling US law, notwithstanding the choice of laws rules of any jurisdiction to the contrary. The American Law Institute's Principles of the Law of Software Contracts will not apply and will not be invoked in any judicial or arbitral proceeding concerning these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Services, Redline membership, the Site or Content, must be filed within one year after such claim or cause of action arose, or be forever barred.
8.11 Dispute Resolution. Any disputes between or claims brought by you or us arising out of or related to these Terms, the Services, Redline membership, the Site or Content (including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) will be referred to and finally settled by binding arbitration with JAMS (jamsadr.com) in accordance with JAMS' Streamlined Arbitration Rules in effect at the time of arbitration except as inconsistent with this section 8.11. The arbitration will be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings will be held in San Francisco County, California unless another location is mutually agreed upon by the parties. The arbitrator will apply the law specified in section 8.10 above. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, will be kept confidential. Except as required by law, no party will make any public announcements with respect to the proceeding or the award, except as required to enforce same. The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Notwithstanding the foregoing, nothing in this section 8.11 will preclude the right and ability to bypass arbitration and file and maintain at any time an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable thereto. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers' fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.
8.12 Assignment. These Terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms and/or the Privacy Policy without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
8.13 Injunctive Relief. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Content, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto. Notwithstanding section 8.11, our right to seek such relief, and the validity of this section, are not subject to arbitration.
8.14 California-Based Site. The Site is controlled by Juridiko from its offices in California. We make no representation that any of the Services or Content are appropriate for use in other jurisdictions. Your use of or access to the Site will not be construed as our purposefully availing ourselves of the benefits or privileges of doing business in any other state or jurisdiction other than California, USA.
8.15 Miscellaneous. The Terms constitute the entire agreement between each you and us and govern each Member's use of the Site and Services, superseding any prior agreements. Each Member may be subject to additional terms and conditions that may apply when that Member uses affiliate services, third party content or third party software. If any provision of the Terms 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 Terms remain in full force and effect. No waiver of any provision of these Terms will be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party. The parties hereby confirm that they have requested that these Terms and all attachments and related documents, if any, be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
