YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This web site, including all of its features and content (this "Web Site") is a service made available by Bengoshinow.com or its affiliates ("Provider") and all content, information, services and software ordered or provided on or through this Web Site ("Services"). BY ACCESSING AND USING THIS SITE, OR USING PRODUCTS OR SERVICES OFFERED BY BENGOSHI AND/OR ITS AFFILIATES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE AND/OR THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF GOOGLE APPS SERVICES AT http://www.google.com/apps/intl/en/business/index.html AND PAYPAL AT http://www.paypal.com. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Bengoshinow.com Web Site and all Services.
Where you use the Service in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization which you represent, and references in this Agreement to "you", “your” “customer” or user” shall mean both you as the individual user of the Service and you in your capacity as a representative of your organization. “Bengoshi”, “us” or “we” refers to Bengoshi.
In addition, when using particular Bengoshinow.com owned or operated services, you and Bengoshinow.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions of Use.
- 1. Web Site Limited License.
- As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Services in accordance with these Terms and Conditions. Provider may terminate this license at any time for any reason.
- 2. Limitations on Use; Third Party Communications.
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- 2.1. Limitations on Use. The Services on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing and to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Services. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Services without Provider's prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Services in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Services is prohibited.
- 2.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- 2.3 You agree that you are solely responsible for (and that Bengoshi has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bengoshi may suffer) of any such breach.
- 2.4. Third Party Communications. Provider disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Web Site.
- 3. Not Legal Advice.
- The Services provided on Bengoshinow.com are not intended to and do not constitute legal advice, Bengoshinow.com is not a lawyer referral service, and no attorney-client relationship is formed by use of the Web Site, nor is anything submitted to this Web Site treated as confidential. The attorney listings on Bengoshinow.com are paid attorney advertisements and do not in any way constitute a referral or endorsement by Bengoshinow.com or any approved or authorized lawyer referral service.
If you contact an attorney that is listed on Bengoshinow.com, Bengoshinow.com will not be liable for the accuracy or usefulness of any advice given to you by the attorney or work done for you by the attorney.
- 4. Proprietary Rights.
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4.1. Bengoshi’s Rights. Except as expressly provided in these Terms and Conditions, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Services and Web Site and the domain name Bengoshinow.com are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
A. You acknowledge and agree that Bengoshi (or Bengoshi’s licensors) own all legal right, title and interest in and to the Services and domain name Bengoshinow.com, including any intellectual property rights which subsist in the Services and domain name (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Bengoshi and that you shall not disclose such information without Bengoshi’s prior written consent.
B. Unless you have agreed otherwise in writing with Bengoshi, nothing in the Terms gives you a right to use any of Bengoshi’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
C. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
D. Unless you have been expressly authorized to do so in writing by Bengoshi, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
E. You agree that you are solely responsible for (and that Bengoshi has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Bengoshi may suffer) of any such violation of Bengoshi’s or any third party’s proprietary rights.
- 4.2 You grant to Provider an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit (collectively, "Postings") to this Web Site. Said license is without restrictions of any kind and without any payment due from Provider to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute -, display, perform and sublicense Postings- in any form, medium, or technology now known or hereafter developed.
- 4.3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Provider a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you in section 4.2 of these Terms and Conditions and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right.
- 4.4. You acknowledge and agree that your submitting Postings to this Web Site does not create any new or alter any existing relationship between you and Provider.
- 4.5. By submitting Postings to this Web Site, you acknowledge and agree that Provider may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary or other right in the Postings you provide to Provider.
- 5. Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement
- Bengoshinow.com respects the intellectual property of others, and we ask our users to do the same. Bengoshinow.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Bengoshinow.com's Copyright Agent the following information:
- 5.1 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- 5.2 A description of the copyrighted work or other intellectual property that you claim has been infringed;
- 5.3 A description of where the material that you claim is infringing is located on the site;
- 5.4 Your address, telephone number, and email address;
- 5.5 A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 5.6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Bengoshinow.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: legalnotices@bengoshinow.com.
- 6. Linking to this Web Site.
- You may provide links to this Web Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Web Site, including any advertisements, Terms and Conditions, copyright notice, and other notices on this Web Site, (b) you immediately deactivate and discontinue providing links to this Web Site if requested by Provider, and (c) Provider may deactivate any link(s) at its discretion.
- 7. No Solicitation.
- You shall not distribute on or through this Web Site any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Provider. Notwithstanding the foregoing, in any interactive areas of this Web Site (the "Interactive Areas"), which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own web site's URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
- 8. Advertisers.
- This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
- 9. Registration.
- Certain sections of this Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing legalnotices@bengoshinow.com.
- 10. Postings in interactive areas of this Web Site.
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- 10.1. Postings to be Lawful. If you participate in Interactive Areas on this Web Site, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the any securities exchange commission, any rules of any securities exchange, either intentionally or unintentionally. Provider may delete your Postings at any time for any reason without permission from you.
- 10.2. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
- 10.3. No Monitoring of Postings. Provider has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Provider however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.
- 10.4. Non-Commercial Use only of Interactive Areas. Any Interactive Area is provided solely for your personal use. Any unauthorized use of any Interactive Area of this Web Site, its Services, or Postings is expressly prohibited.
- 11. Errors and Corrections.
- Provider does not represent or warrant that this Web Site or the Services or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Services or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Services or Postings at any time.
- 12. Third Party Content.
- Third party content (including, without limitation, Postings) may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Provider. Further, information and opinions provided by employees and agents of Provider in Interactive Areas are not necessarily endorsed by Provider and do not necessarily represent the beliefs and opinions of Provider.
- 13. Attorney Ethics Notice.
- If you are an attorney participating in any aspect of this Web Site, including but not limited to Interactive Areas, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any Interactive Area on this Web Site, that you will not offer legal advice, but will only provide general information.
- 14. Orders for Programs and Services for Attorney Registrants
- Provider may make certain programs and services available to attorney registrants of the Web Site. By accessing or using this Web Site or the Programs and Services found at this Web Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Bengoshinow.com. You agree to pay all applicable taxes. If payment is not received from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand. Certain programs and services that you purchase and/or download on or through the Web Site may be subject to additional Terms and Conditions presented to you at the time of such purchase or download or thereafter.
In exchange for the fees you pay in advance, we will host your website on one or more of our servers or our Supplier’s servers, so long as you abide by the Terms and Conditions, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the package you select during the signup process.
- 15. Payment
- If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment on your account for automatic renewal at all times, failure to do so can result in your account being suspended or cancelled automatically.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, Bengoshinow.com shall have the right to delete all data uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is Bengoshi’s policy when it comes to data retention, and waive all rights in and to your data in these situations.
We use Paypal and bank wire transfers (the “Payment Processors”) to bill you for goods and services. We will share your Personal Information as necessary for Payment Processors to provide these services. We will not be responsible for the theft of any personal data due to any security breach of the Payment Processors services. Please see the Payment Processor’s privacy policies for more about their security and privacy practices at http://www.paypal.com.
- 16. DISCLAIMER. THIS WEB SITE,
- THE INTERACTIVE AREAS, THE SERVICES, AND POSTINGS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE SERVICES, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE SERVICES, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE SERVICES, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE SERVICES, OR THE POSTINGS.
- 17. LIMITATION OF LIABILITY.
- IN NO EVENT SHALL BENGOSHI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES), INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR SERVICES OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL SERVICES, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BENGOSHI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
- 18.Indemnification.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS TO THIS WEB SITE HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR ARISING FROM OR RELATED TO ANY POSTINGS UPLOADED OR SUBMITTED BY YOU.
- 19. Third Party Rights.
- The provisions of paragraphs 16 (Disclaimer), 17 (Limitation of Liability), and 18 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- 20. Unlawful Activity.
- Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
- 21. Remedies for Violations.
- Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular internet address to this Web Site and any other Provider web sites and their features.
- 22. Governing Law and Jurisdiction.
- The Terms and Conditions are governed by and construed in accordance with the laws of the District Of Columbia and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Washington, D.C. and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
- 23. Additional Terms
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- 23.1 Privacy. Your use of this Web Site is subject to Provider's Privacy Policy
- 23.2.Emails. Emails assigned to Attorney’s accounts will be through Google Apps Services. Your use of the Google Apps Services is also governed by the Terms of Service for use of Google Apps Services, and if applicable, Google’s Privacy Policy, located at http://www.google.com/apps/intl/en/business/index.html, all of which are incorporated by reference herein. Your registration with Bengoshi for an Attorney Account constitutes your acceptance of Google’s Terms of Service and Privacy Policy. If you do not agree with any of Google’s Terms of Service and Privacy Policy, you are not permitted to access Google’s Apps Services. We will not be responsible for the theft of any personal data due to any security breach of the Google’s App Services.
In addition, Bengoshi explicitly reserves the right to terminate Your account if it comes to Bengoshi’s attention that You are using Service for objectionable activities, including sending, storing or any activities associated with unsolicited email or SPAM; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; or activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way.
You agree that you are solely responsible for (and that Bengoshi has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bengoshi may suffer) of any such breach.
- 23.3 You agree that you are solely responsible for (and that Bengoshi has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bengoshi may suffer) of any such breach.
- 24. Force Majeure
- Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Bengoshi is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel the Service(s), but there shall be no liability on the part of Bengoshi.
Bengoshi will not be liable for failure or delay in the performance of Google Apps Service, email server issues including email cyber-attacks, nor will Bengoshi be responsible for correcting the problems caused by the failure or delay of the performance of these services.
- 25. Severability of Provisions.
- These Terms and Conditions incorporate by reference any notices contained on this Web Site and constitute the entire agreement with respect to access to and use of this Web Site, the Interactive Areas, and the Services and Postings. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms and Conditions, if you have a separate signed written agreement with a Provider that applies to your use of any of that Provider's Services, that agreement constitutes the entire agreement between you and that Provider with respect to the affected Services subject thereto (the "Otherwise Covered Services"), and these Terms and Conditions shall be treated as having no force or effect with respect to the Otherwise Covered Services.
- 26. Modifications to Terms and Conditions.
- Provider reserves the right to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions. Continued use of this Web Site after any such changes constitutes your consent to such changes.