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GANN LAW
Effective June 11, 2018 - Revised May 2021
YOUR ACCESS OR USE OF THIS WEB SITE OR A GANN INTERACTIVE E-BOOK (SEE PARAGRAPH 6) OR ANY OTHER GANN INTERNET PROPERTIES SUCH AS A MOBILE WEB SITE OR MOBILE APPLICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.
PLEASE READ THIS AGREEMENT CAREFULLY! IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION FOR CLAIMS OR DISPUTES, INCLUDING CLASS ACTIONS AND ACTIONS BASED ON FEDERAL OR STATE STATUTES. (See Paragraph 16).
Table of Contents
3. Intellectual Property Rights
5. Your Content and Third-Party Content
5F. Notice of Copyright Violations
5G. Terms Specific to Your Content
(iii) License for Your Content
6C. Intellectual Property Protection
14. Access Conditioned on Payment
15. Privacy and Consent to Receive Promotional Materials and Notifications
17. Governing Law and Jurisdiction
18. Severability of Provisions
20. Entire Agreement; Non-Waiver
DEFINITIONS
You refers to you, a User of the Site.
User refers to someone who accesses, browses, crawls, scrapes, or in any way uses or interacts with the Site.
Content means all text, images, information, photos, audio, video, code, services and software and all other forms of data or communication ordered or provided on or through the Site.
Your Content means Content that you post, submit or transmit to, or in connection with the Site and information displayed in your account profile.
Third-Party Content means any Content posted, submitted to or transmitted to or in connection with the Site by any entity other than you or Gann Law.
Site means this Web site or any other Gann internet properties, including but not limited to a mobile web site, or mobile application.
The Site, including all features and Content, is a service made available by Gann Law ("Gann") and all Content provided on or through the Site may be used only under the following terms and conditions ("Terms of Use").
1. Limited License. You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Site and Content in accordance with these Terms of Use. By accessing and using the Site and Content you agree to be legally bound by these Terms of Use. If you are accessing and using the Site and Content on behalf of any group or entity, you warrant that you have all necessary authority to enter into this Agreement. You further agree and warrant that any account you create, including your username and password, is personal to you and may not be used by any other individual or entity. In addition, access to the Site is available only to registered users and is restricted by single-user login names. Access by individuals using your login name is prohibited, and will, at a minimum, result in the loss of your license to use the Site. You are responsible for protecting the confidentiality of your username and password and for any activities conducted under your username and password whether or not authorized by you.
2. Limitations on Use. All Content on the Site other than Your Content 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 Site or Content (other than Your 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 Site or Content without Gann's prior written permission. You may not use the Site to transmit any false, misleading, fraudulent, threatening, abusive, defamatory, discriminatory 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 Site or Content (other than Your 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 Site or the Content is prohibited.
3. Intellectual Property Rights. Except as expressly provided in these Terms of Use, all elements of the Site and Content (other than Your 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 Site and its 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 Site and Content (other than Your Content) are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
4. Linking to the Site. You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the Site, including any advertisements, terms of use, copyright notice, and other notices on the Site, (b) you immediately deactivate and discontinue providing links to the Site if requested by Gann, and (c) Gann may deactivate any links at its discretion.
5. Your Content and Third-Party Content.
5A. Generally. Third-party content may appear on the Site or may be accessible via links from the Site.
Additionally, Gann offers Users the opportunity to interact with each other and Content by publicly sharing information, materials or other permitted content via the Site, subject to these Terms of Use.
Gann may at its discretion but does not warrant that it will pre-screen Your Content and Third-party Content before it is accessible publicly. While Gann reserves the right to remove any Content at its discretion, Gann does not control and is not responsible for information or material shared on the Site or for the actions or comments of Users of the Site.
5B. Etiquette. Gann prohibits sharing via the Site any Content that is illegal, false, defamatory, abusive, profane, threatening, offensive, discriminatory, misleading, fraudulent, or infringes others rights or encourages activity that is illegal or infringes the rights of others.
However, you agree that you may be exposed to material via the Site that violates this prohibition, you accept that risk and acknowledge Gann accepts no liability for such violations.
5C. Liabilities. Gann shall not be responsible for and assumes no liability for any infringement; mistakes; misstatements of law; misleading information or misrepresentation; fraud; defamation; slander; libel; omissions; falsehood; obscenity; pornography; profanity; abusive, threatening, offensive or discriminatory language; or illegality in the statements, opinions, representations or any other form of content contained in Your Content or Third-party Content appearing on the Site. You are responsible for Your Content and assume all risks and liabilities associated with Your Content, including any reliance by others on Your Content. You acknowledge that Gann shall not be responsible for and assumes no liability relating to Your Content.
You agree you will not use or disclose any Third-party Content in any manner that violates these terms of use or any applicable law, rule or regulation. Additionally, Gann accepts no responsibility and assumes no liability for the illegal or improper use, copying, publication or distribution or other activities conducted by You or third-parties with regard to any Content.
5D. No endorsement. You acknowledge that the information and opinions in Third-party Content are neither endorsed by nor reflect the belief or opinion of Gann
Gann does not endorse any lawyers or other professionals or service providers or products sharing Content on the Site or referenced in any Content shared on the Site. You may not suggest or imply, on the Site or elsewhere, that Gann endorses Your Content.
5E. Duration. Gann reserves the right in its discretion to remove any Content, including Your Content, and to modify or temporarily or permanently discontinue your use of the Site including but not limited to your ability to post or share Your Content on the Site, prior to the expiration of your license to use the Site. Gann shall not be liable for such modification or discontinuation of use and will not issue any refunds in the event of such termination or suspension.
5F. Notice of Copyright Violations. If you believe any Content infringes your copyright or other intellectual property rights, please provide information concerning the violation, the location and description of the alleged infringing content and your contact information to support@Gannlaw.com or report such information in writing by certified mail to Gann Law, 550 Broad Street, Suite 906, Newark, NJ 07102.
5G. Terms Specific to Your Content.
(i) Your Warranties. By sharing Your Content on the Site, you represent and warrant Your Content complies with these Terms of Use; you own the copyright for Your Content or either have received permission from the copyright owner or it is in the public domain; and you have the right to grant the license discussed below in subsection (iii) of this section. You also agree to comply with all applicable federal and state laws, rules and regulations including but not limited to antitrust and privacy laws.
(ii) Public Disclosures. You acknowledge that Your Content disclosed on the Site will be publicly accessible and Gann cannot ensure or warrant the security of such content and that by sharing Your Content on the Site you do so at your own risk. You agree to use caution to prevent disclosure of any client information, personal information or other confidential or sensitive information.
You further acknowledge that others may copy or republish or otherwise mis-use Your Content and Gann shall not be responsible and assumes no liability for the disclosure of Your Content or the actions of others with regard to Your Content.
(iii) License for Your Content. By using the Site and/or sharing Your Content, you grant Gann and its subsidiaries, affiliates, successors and assignees a non-exclusive, irrevocable, royalty-free, worldwide license to display, copy, publish, distribute, transmit, print, repurpose, create derivative works from, incorporate into other works, or otherwise use Your Content which you share on the Site in any form, media, or technology, now known or later developed.
This license is perpetual and may be transferred, assigned, or sublicensed. You agree that this license extends to other Users of the Site allowing them to access Your Content. You also grant Gann the permission to use your name (or alias if one is chosen) connected to Your Content.
(iv) Prohibited Uses. Your Content may not contain advertisements, solicitations or unsolicited commercial communications. Gann also prohibits you from collecting information from or about other Users of the Site for promotion or any other purposes. You also agree that you will not share or post in Your Content, or otherwise, any material containing any virus or code or other harmful components that may interfere with the operations of the Site or otherwise adversely affect its Users.
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").
6A. 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.
6B. 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.
6C. 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.
6D. 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 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 Site, any Content, any materials linked from the Site, and any Interactive E-Book is at your own risk.
8. Errors and Corrections. Gann does not represent or warrant that the 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 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 Site, any Interactive E-Book, and their features, functionality or Content at any time.
9. DISCLAIMER. THE 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 SITE, ANY 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 SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
(D) THE UNAVAILABILITY OF ALL OR ANY PORTION OF THE SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK,
(E) YOUR USE OF THE SITE, ANY CONTENT, OR ANY INTERACTIVE E-BOOK, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE, ANY 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 SITE, ANY CONTENT, OR ANY INTERACTIVE E-BOOK,
(B) SHARING YOUR CONTENT ON THE SITE; OR
(C) 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 SITE, ANY 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.
GANN DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR SIMILAR HARMFUL COMPONENTS. YOU AGREE THAT WHEN SHARING YOUR CONTENT VIA THE SITE YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OF AND PARTICIPATION ON THE SITE.
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 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, including but not limited to any liability for claims that Your Content infringes or otherwise violates copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party.
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 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 Site.
14. Access Conditioned on Payment. Access to the Site and Content is conditioned on purchase of a Gann product or service. Invoices must be paid within 10 business days. Otherwise, continued access to the Site and Content may be denied.
15. Privacy and Consent to Receive Promotional Materials and Notifications. Your use of the Site, any Interactive E-Book, and all Content is subject to Gann's Privacy Policy.
By providing your contact information, you agree to receive (in accordance with our Privacy Policy):
1. Gann News and Promotions, keeping you up-to-date with product and service offerings from Gann such as new books and added materials to our website;
2. General Notifications, including but not limited to Gann Alerts about new cases, legislation, and/or regulations or other developments affecting the publications to which you subscribe; and
3. Business Notifications regarding a transaction, a subscription or any account you may have with us, including print and online access, renewals, billing, payment and any other information relating to your relationship with us.
You may "opt out" of (1) Gann News and Promotions or (2) General Notifications 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 (1) Gann News and Promotions and/or (2) General Notifications; 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 as described above, we reserve the right to send you Business Notifications described in (3) above.
16. ARBITRATION. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE INCLUDING ANY CLAIM OR DISPUTE BASED ON A FEDERAL OR STATE STATUTEEXCLUDING (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 FEESSHALL BE REFERRED TO THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AND RESOLVED BY ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION AND THE AAA'S CODE OF PROCEDURE.
WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION UNDER THIS PROVISION SHALL BE DECIDED BY THE ARBITRATOR.
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. The laws of the State of New Jersey will apply to any disputes arising out of or relating to the Site or these terms of use. 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 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 Site and are effective immediately upon their appearance. You are responsible for regularly reviewing the Terms of Use. Your continued use of the 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 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.
Privacy Policy: Gann Law Books and other wholly-owned legal entities ("Gann" or "we") receive and store information you enter on our Web site or give us in any other way. We receive and store certain types of information whenever you interact with us. Like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Gann web pages. Gann collects information on this site during the registration process for business purposes that will allow us to better and more efficiently serve you. We collect this information for internal use only. Some uses Gann makes of this information are processing and verifying subscriptions, billing, and sending material related to the books and/or Web site offerings to which you subscribe. In addition, we may send promotional information about Gann's latest products and services. We do not sell or redistribute this information to outside organizations
Please forward any questions about these policies or the Site to support@gannlaw.com.
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