Terms and Conditions

TERMS OF USE

Thank you for subscribing to Litigation Finance Journal  (the “LFJ”). On this Web site (the “Web Site”), you can access the current content and past content of the LFJ. By subscribing to the LFJ or by initiating and conducting a trial subscription of the LFJ, you (“you” or a “Subscriber”) agree to be bound by these Terms of Use (“TOU”).

1.  Binding Agreement. These TOU constitute a legally binding agreement  among you and  LitFin Journal LLC  (“LFJ”).  LFJ publishes the LFJ and LFJ owns and operates the Web Site. We may modify these TOU without notice to you, so you are advised to check the TOU periodically.

2.  Eligibility. You must be eighteen (18) years of age or over to subscribe to the LFJ.

3.  Term. These TOU will remain in full force and effect as long as you are a Subscriber. Certain of these TOU will continue to be in effect even if you terminate your subscription.

4.  Ownership of LFJ Content and Services. LFJ owns all proprietary rights in the LFJ and the Web Site. These rights include, without limitation, all trademark rights in the LFJ name and logo, all services such as our news aggregator service, our original content and all copyright and other rights in the LFJ and any other content or services that we offer or display or post on the site (“LFJ Content”).

5.  License to Use LFJ Content and Services

a.  You may print out the current issue of the LFJ or individual articles from any issue, subject to these TOU.  However, you may not share your log in credentials or any printed copy of any issue of the LFJ or any printed individual article from any issue with any person that is not a subscriber to the LFJ, including persons at your organization that are not subscribers to the LFJ.  For example, content of the LFJ and individual articles in such issues may not be printed and circulated within a department, firm or office.  Additionally you may not:

(i) e-mail any article from the LFJ to more than one (1) recipient that is not a subscriber to the LFJ, including individuals at your firm that are not subscribers (“Nonsubscribers”);

(ii) e-mail more than one (1) article from the LFJ to any Nonsubscriber during any trial subscription of the LFJ; or

(iii) use the function on the LFJ Web Site that enables e-mailing of articles to circumvent these TOU.  You may not display or distribute any LFJ Content unless expressly authorized in writing by LFJ to do so.

b.  You may not

(i) delete, add to, translate, or otherwise modify any LFJ Content;

(ii) create any other content based on any LFJ  Content in any form or medium;

(iii) incorporate any LFJ  Content into any other content or material of any kind, in any form or medium;

(iv) sell or offer to sell any LFJ  Content;

(v) store any LFJ  Content on or save any LFJ  content to any disk drive or computer server; or

(vi) do anything with or to any LFJ  Content that isn’t expressly permitted by Section 5a.

c.  You may not display the LFJ  name or logo for any purpose other than as part of any LFJ  Content.

d. You may only use our services and display the content of the services for your own use as a paid individual subscriber and licensee to our services and content and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not take the results from our news aggregation services and reformat and display them, or share the results with any other individual or organization that is not a paid subscriber and licensee.  If you are uncertain whether your intended use of the Service is permissible, please contact us. In addition, we shall have the right in its sole discretion to suspend or terminate the services or your access to it.

6. Breach/Termination.  If we discover that you have breached any part of this agreement , we may terminate your subscription without any refund of any previously paid subscription amount, and take whatever other actions we feel are necessary to protect our rights in the LFJ Content or Services, including, without limitation, bringing a lawsuit for infringement.

7.  Representations and Warranties. You represent and warrant that you have the right, authority, and capacity to enter into and abide by these TOU.

8.  Indemnity. You will indemnify LFJ  and hold LFJ, its owners, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demand, fees and expenses, including reasonable attorney’s fees, made by any third party (which means anyone other than you or LFJ) due to or arising out of your use of the Web Site, including, without limitation, any claim arising from your breach of these TOU, your breach of your representations and warranties set forth above, or your sharing of any information from the Web Site with any third party other than as permitted by these TOU. This obligation will survive termination of this Agreement, which means that even if you stop using the Web Site and the LFJ Content, you will still be bound.

9.  No Legal or Tax Advice.  The LFJ  is prepared and provided for general informational and educational purposes only.  The LFJ  does not and is not intended to provide or present specific legal or tax advice to any person or entity.

10.  LIMITATION OF LIABILITY

a.  UNDER NO CIRCUMSTANCES SHALL LFJ BE LIABLE FOR THE RESULTS OF ANY ACTIONS THAT YOU OR ANYONE TO WHOM YOU PROVIDE LFJ CONTENT MAY TAKE OR ANY DECISIONS THAT YOU OR SUCH OTHER PERSON MAY MAKE BASED ON ANY LFJ CONTENT OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB SITE OR ANY LINKS ON THE WEB SITE.

b.  UNDER NO CIRCUMSTANCES SHALL LFJ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LFJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF ANY LFJ CONTENT OR THE WEB SITE OR THE USE OF LFJ CONTENT OR THE WEB SITE BY ANY PERSON TO WHOM YOU PROVIDE LFJ CONTENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED, SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

11.  Governing Law, Jurisdiction, and Time Limit on Claims.  If you have any dispute with LFJ, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.   Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the LFJContent or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12.  Additional Terms.  Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the TOU invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU will remain in full force and effect.