Site Usage Terms
Welcome to Contemporary Intellectual Property Licensing and Information Law (“Site”). Use of the Site is governed by these Site Usage Terms as amended from time to time (“Terms”). BY USING THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. “You” are the individual and/or entity using the Site (if your use is on behalf of a principal, then “you” includes both you as an individual and your principal).
- You may print or make a copy of these Terms. You may also make and distribute verbatim copies of entries in this Site and lawfully use Ray’s text to the extent allowed by principles of fair use. If you would like broader rights, you need to first get permission from Ray in a record. The foregoing rights are revocable and all intellectual property rights not expressly granted here are reserved.
- Agreement from You; Privacy and Copyright. The Site does not collect information that personally identifies you. If you decide to send some such information to Ray, such as in an email, sending it will constitute your agreement that Ray may freely use the information and content without any claim by you of copyright or privacy. The Site does automatically collect certain information that does not personally identify the User.
- No Abuse. You agree not to (a) use any device, software or routine to interfere or attempt to interfere with the proper working or functions of the Site; or (b) access the Site by any means other than through the interface that is provided by lexBlog.
- No Legal Advice; No Association. This Site contains Ray’s personal views as to general legal issues; unless you and Ray have entered into a separate retainer agreement in a non-electronic record, Ray is not your attorney. Even if you have such an agreement with Ray, you agree not to rely on any Site information as legal advice or a legal opinion. Ray’s personal views are his own and not those of the University of Houston (where Ray is a professor of law).
- NO WARRANTIES. YOU AGREE THAT THE SITE AND ALL OF ITS FUNCTIONALITY (INCLUDING ALL LINKS) AND ALL INFORMATION ON IT IS PROVIDED AS IS AND AS AVAILABLE. IF THERE ARE ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS THAT RELATE TO SAID SITE, FUNCTIONALITY OR INFORMATION, YOU AGREE THAT THEY ARE ALL DISCLAIMED, INCLUDING WITHOUT LIMITATION, ANY (IF ANY) DUTIES OF WORKMANLIKE EFFORT, ACCURACY, AND LACK OF NEGLIGENCE OR VIRUSES. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, FUNCTIONALITY OR INFORMATION OR AGAINST INFRINGEMENT.
- NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. YOU AGREE THAT NEITHER LEXBLOG, RAY NIMMMER OR THE UNIVERSITY OF HOUSTON WILL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER INDIRECT DAMAGES THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE SITE OR INFORMATION, EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.
- YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING CONTRACT AND TORT) RELATING TO ANY ASPECT OF THE SITE SHALL BE, AT RAY’S OPTION: (1) SUBSTITUTION, RETRACTION, OR REPLACEMENT OF ALL OR PART OF THE INFORMATION THAT ALLEGEDLY GAVE RISE TO ANY DAMAGES (IF ANY); OR (2) EXCEPT AS EXCLUDED IN SECTION 6, THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT (IF ANY) ACTUALLY PAID BY YOU TO RAY FOR THE INFORMATION CAUSING THE DAMAGES. ALL DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Linked to Sites: For various reasons, the Site contains links to sites of third parties. They are independent sites not controlled or endorsed by lexBlog or Ray. You agree that if you visit them and use their services or information, you do so at your own risk.
- Linked from Sites: You are welcome to link to this Site so long as the link does not intentionally distort the content provided or positions taken by Ray, or violate any applicable law including tort law. In his sole discretion Ray can terminate this permission to link to the Site at any time, for any or no reason and without prior notice. If you continue or resume linking after such termination, those links are unauthorized by Ray or lexBlog unless you receive authorization from Ray in a non-electronic record.
- Any disputes regarding anything in the preceding sentence shall be litigated or otherwise heard exclusively in the appropriate federal or state forum in Harris County, Texas. You hereby consent to jurisdiction in a state or federal court sitting in Harris County, Texas and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Texas or federal law.
- Termination or Cancellation; Survival; Amendment. You have no continuing right to access the Site and your access may be terminated or cancelled at any time without prior notice. However, termination or cancellation shall not eliminate any previous obligation or liability incurred by you and they shall survive cancellation or termination. This Site is like a private park provided by Ray where he has a soapbox to express his opinions: every time you enter the park you are bound by the rules in effect when you enter. These Terms may change from time to time and you agree to review them each time you enter; use of the Site constitutes your acceptance of the then version in effect.
- Notice of Copyright Agent. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Site to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of Raymond T. Nimmer, in the following manner:
University of Houston Law Center
100 Law Center
Houston, Texas 77204-6060
by phone: 713 -743-2152
by fax: 713-743-0597
by email: Rnimmer@uh.edu