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Terms of Use

Effective February 11, 2016

YOUR USE OF THIS WEB SITE OR A GANN INTERACTIVE E-BOOK (SEE PARAGRAPH 6) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

This web site, including all of its features and content (the "Web Site") is a service made available by Gann Law Books ("Gann") and all content, information, services and software ordered or provided on or through the Web Site ("Content") may be used only under the following terms and conditions ("Terms of Use").

1. Limited License. As a user of the Web Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and Content in accordance with these Terms of Use. By accessing and using the Web Site and Content, you agree to be legally bound by these Terms of Use. If you are accessing and using the Web Site and Content on behalf of any group or entity, you warrant that you have all necessary authority to enter into this Agreement.

2. Limitations on Use. All Content on the Web Site is for your personal use only and not for commercial exploitation and may be displayed, reformatted, and printed for non-commercial, scholarly or reference purposes only. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. 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 the Web Site or Content without Gann's prior written permission. You may not use the 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 the Web Site or Content, except (1) as expressly permitted by these Terms of Use, (ii) with Gann's prior written permission, or (iii) if not expressly prohibited by these Terms of Use, as allowed under the fair use provision of the Copyright Act, 17 U.S.C. § 107. Any unauthorized use of the Web Site or the Content is prohibited. In addition, access to certain Content on the Web Site that is available only through a paid subscription ("Subscriber Content") is limited to registered users and is restricted by single-user login names. It is your responsibility to protect the confidentiality of your login name. Access by individuals using your login name is prohibited, and will result in the loss of your license to use such Subscriber Content.

3. Intellectual Property Rights. Except as expressly provided in these Terms of Use, all elements of the Web Site and all Content, including, but not limited to, text, articles, logos, trademarks, graphics and the overall "look and feel," are the property of Gann and are protected by copyright and other intellectual property laws. The Web Site and Content are also copyrighted as collective works under United States copyright law. Nothing 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 Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

4. Linking to the Web Site. You may provide links to the Web Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the Web Site, including any advertisements, terms of use, copyright notice, and other notices on the Web Site, (b) you immediately deactivate and discontinue providing links to the Web Site if requested by Gann, and (c) Gann may deactivate any links at its discretion.

5. Third Party Content. Third party content may appear on the Web Site or may be accessible via links from the Web Site. Gann 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 the 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 Gann.

6. Interactive E-Book License. This Paragraph 6 applies only if you have purchased a Gann treatise in the form of an interactive electronic book ("Interactive E-Book").

A. Grant of License. Gann has authorized download by you of one copy of the Interactive E-Book you have purchased. Gann grants you a nonexclusive, nontransferable, revocable, limited license ("License") to use the Interactive E-Book for a period of time ending with the publication of the next print edition of that particular book. You may use the Interactive E-Book only as permitted by this License and the Terms of Use. Your download of the Interactive E-Book indicates your acceptance of this License and the Terms of Use. Once your download is complete, you will not be eligible for a refund.

B. Restrictions.This License permits you to install only one copy of the Interactive E-Book on an Apple iPad, iPhone, or iPod touch device, or Android tablet or phone, for your personal use only and for the limited duration set forth in Subparagraph A of this License. You shall not: (1) download the Interactive E-Book to your personal computer or any device other than an Apple iPad, iPhone, or iPod touch device, or Android tablet or phone; (2) sell, rent, lease, sublicense, assign, timeshare, distribute, or otherwise transfer in any way all or part of the Interactive E-Book or any rights granted hereunder to any other person or entity; (3) copy, reproduce, republish, or duplicate the Interactive E-Book; (4) create derivative works from the Interactive E-Book; or (5) remove any proprietary notices, labels, or marks from the Interactive E-Book.

C. Intellectual Property Protection. The Interactive E-Book is owned by Gann and is protected by United States and international copyright and other intellectual property laws. Gann reserves all rights in the Interactive E-Book not expressly granted herein. This License and your right to use the Interactive E-Book terminate automatically if you violate any part of this License or the Terms of Use. Upon termination, you must destroy the original and all copies of the Interactive E-Book.

D. Internet Connection. The Interactive E-Book is a downloadable file that includes the primary text and appendices of the corresponding print edition of the legal treatise that you purchased and most of the cases cited within that text. Links to other materials, including updated statutes, rules, and regulations, require an Internet connection. Your purchase of an Interactive E-Book includes a subscription, coterminous with the Interactive E-Book License, to the corresponding online version of the legal treatise that you purchased, which is accessible by a user name and password initially provided by Gann and is subject to the Terms of Use. Gann does not provide you with a connection to the Internet and is not responsible for the unavailability of any content in the Interactive E-Book due to your inability to connect to the Internet or www.gannlaw.com. If the device on which you have installed the Interactive E-Book does not have access to the Internet, you will not be able to access some of the Interactive E-Book content.

7. Not Legal Advice. The Content and/or any Interactive E-Book are not intended to and do not constitute legal advice, and no attorney-client relationship is formed between you and Gann. Nothing submitted to the Web Site is treated as confidential. The accuracy, completeness, adequacy or currency of the Content and/or any Interactive E-Book is not warranted or guaranteed. Your use of the Website, any Content, any materials linked from the Web Site, and any Interactive E-Book is at your own risk.

8. Errors and Corrections. Gann does not represent or warrant that the Web Site, the Content, or any Interactive E-Book, or access to any of them, will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected or that they will always be accessible. Gann does not warrant or represent that the Content available on or through the Web Site, or the information in any Interactive E-book, will be correct, accurate, timely, or otherwise reliable. Gann may make improvements and/or changes to the Web Site, any Interactive E-Book, and their features, functionality or Content at any time.

9. DISCLAIMER. THE WEB SITE, ALL CONTENT, AND ANY INTERACTIVE E-BOOK ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. GANN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GANN 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 THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK, 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 THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF ALL OR ANY PORTION OF THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK, (E) YOUR USE OF THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK.

10. LIMITATION OF LIABILITY. GANN SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM (A) YOUR USE OF THE WEB SITE, ANY CONTENT, OR ANY INTERACTIVE E-BOOK, OR (B) ANY THIRD PARTY COMMUNICATIONS. GANN SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK, OR (B) ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT EITHER OF THE FOREGOING LIMITATIONS OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, GANN'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00, OR THE PURCHASE PRICE OF THE INTERACTIVE E-BOOK IN QUESTION, WHICHEVER IS LOWER.

11. Indemnification. You agree to indemnify, defend and hold Gann, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.

12. Third Party Rights. The provisions of paragraphs 9 (Disclaimer), 10(Limitation of Liability), and 11 (Indemnification) are for the benefit of Gann and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the 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.

13. Remedies for Violations. Gann reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Web Site and any other Gann web sites and their features.

14. Access Conditioned on Payment. Access to Subscriber Content will be granted upon entering into a subscription agreement with Gann, whether paid by credit card or invoiced to an established Gann account. However, invoices for online access must be paid within 10 business days. Otherwise, continued access to Subscriber Content may be denied. Purchasing online access to a Gann treatise allows you online access to Subscriber Content for a limited time only. When purchased in association with a print edition of a particular treatise, online access to Subscriber Content will expire when Gann publishes the next print edition of that treatise, no matter when such publication occurs. When purchased separately, online access to Subscriber Content will expire one year from the date of purchase.

15. Privacy and Consent to Receive Promotional Materials and Notifications. Your use of the Web Site, any Interactive E-Book, and all Content is subject to Gann's Privacy Policy. By providing your contact information, you consent to receiving, from us and our affiliates: (i) promotional materials, and (ii) notifications about new cases, legislation, and/or regulations affecting the publications to which you subscribe. If you no longer wish to receive these materials and notifications, you may "opt out" by (i) taking the specific action described in any such material or notification for opting out or unsubscribing; (ii) sending an e-mail to optout@gannlaw.com stating that you no longer wish to receive promotional materials and notifications from us; or (iii) calling us at (973) 268-1200 during normal business hours and communicating to us your preference to opt out. Please allow a reasonable time period for your opt-out to take effect. Notwithstanding your decision to opt out, we reserve the right to send you non-promotional notices about any account you may have with us.

16. Arbitration. Any claim or dispute arising out of or relating to these Terms of Use (except for (i) claims by Gann arising out of your violation of these Terms of Use, and (ii) claims filed by Gann in the Special Civil Part of New Jersey Superior Court alleging nonpayment of licensing or subscription fees) shall be referred to the American Arbitration Association ("AAA") and resolved by arbitration pursuant to this arbitration provision and the AAA's code of procedure. When a claim or dispute is referred to the AAA in accordance with this provision, neither you nor Gann will have any right to litigate that claim or dispute in court or to have a jury trial on that claim or dispute. The arbitrator's decision will be final and binding. Neither you nor Gann shall have any right to participate in a representative capacity or as a member of any class of claimants in connection with any claim or dispute subject to arbitration hereunder. No claim or dispute may be arbitrated on anything other than an individual basis.

17. Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey. You hereby consent and submit to the personal jurisdiction of the state and federal courts located in New Jersey for the purpose of litigating any claim not subject to arbitration under Paragraph 16 of these Terms of Use.

18. Severability of Provisions. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with any other written agreement between you and Gann that is in effect as of the date of your use of the Web Site, Content, or Interactive E-Book, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

19. Modifications. Gann reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Web Site and are effective immediately upon their appearance. You are responsible for regularly reviewing the Terms of Use. Your use of the Web Site, Content, or Interactive E-Book after any such changes constitutes your consent to such changes.

20. Entire Agreement; Non-Waiver. These Terms of Use constitute the entire agreement between you and Gann and supersede any prior agreement concerning the Web Site, the Content, and/or Interactive E-Book. The failure of Gann to enforce any provision of this Terms of Use shall not constitute a waiver of its right to enforce that provision or any other provision in the future.

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