Terms of Service


Please read the terms of service carefully before using the website. 

By accessing this Website, you affirm that you are of legal age to assent to the terms of service and agree to be bound by the terms of service.  If you do not agree to TalksOnLaw’s terms of service, please do not use the Website.  We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.  Please check these terms periodically for changes.  You can determine when this terms of service was last revised by referring to the “LAST UPDATED” legend at bottom.  Your continued use of the Website following the posting of changes to these terms will mean you accept those changes.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify or waive any fees charged in connection with the Site; or offer opportunities to some or all users of the Site.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site.  Your continued access to or use of the Site after such changes will indicate your acceptance of such changes.

 

Member Account

If you register as a user of this Website, you will be assigned a username and password that is unique to you.  You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password.  You agree to notify TalksOnLaw of any unauthorized use of your username and password or any other breach of security by emailing info@talksonlaw.com.

 

Privacy

Registration data and certain other demographic information about you are subject to TalksOnLaw's privacy policy.  For more information, see our privacy policy .

 

Annual Enrollment

TalksOnLaw’s annual enrollment members pay for yearly access to TalksOnLaw's on-demand continuing education programs.  Each member's access is defined at the time of enrollment and members must have an active membership to receive CLE credits.

 

Automatic Membership Renewal

For user convenience, TalksOnLaw operates an Automatic Membership Renewal program to ensure your membership never lapses. For Premium Unlimited Members, TalksOnLaw will store the credit card you use at time of initial purchase in a secure database and charge you each year on the anniversary of your purchase date.

Each year, approximately three days before your annual membership expiration, you will receive an email from us reminding you of the Automatic Membership Renewal.  Your card will then be charged on the date of your membership expiration.  If you wish to opt out of the program at any time, you may email info@talksonlaw.com.

 

Fees and Payments

You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred.  You shall pay all applicable taxes relating to use of the Website through your account.

 

Refund Policy

TalksOnLaw will provide full refunds of a la carte purchases requested within seventy-two (72) hours of the purchase date unless you have received continuing education credit for a course. Once you have claimed the continuing education credit and/or received a certificate for a course, the course can no longer be refunded.  After the seventy-two (72) hour period, no refunds may be given.  However, exchanges or substitutions will be provided where necessary at TalksOnLaw’s discretion.

 

Restrictions on Use Of Course Materials 

Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Website (collectively, the "Content") are protected by copyright and owned, controlled or licensed by TalksOnLaw, or the party credited as the provider of the Content.  You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Website.

No Content from the Website may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non- commercial use only, provided you keep intact all copyright and other proprietary notices.  Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from info@talksonlaw.com, or the copyright holder identified in the copyright notice contained in the Content.

If you wish to build a hyperlink to the Website, you may do so provided you agree to cease such link upon request from TalksOnLaw.  No other use is permitted without prior written permission of TalksOnLaw. 

Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content is strictly forbidden. 

Modification of the Content or use of the Content for any other purpose is a violation of TalksOnLaw's copyright and other proprietary rights.  For purposes of these terms, the use of any Content on any other website or networked computer environment is prohibited.  All trademarks, service marks and trade names are proprietary to TalksOnLaw.

 

E-Mail and Public Communication

"Forum" means letters, e-mails or other types of communications to the webmaster(s) or employees of TalksOnLaw, and messages posted in connection with online seminar discussions on the Website.  You shall not upload to, distribute through, or otherwise publish through a Forum on the Website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

The Forums shall be used only in a noncommercial manner.  You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.  You specifically acknowledge that soliciting other guests of the Website to join or become members of any commercial online or offline service or other organization is expressly prohibited.

Subject to the terms of the TalksOnLaw’s privacy policy, in general, we will not monitor or edit the contents of Forum materials unless required in the course of normal maintenance of the Website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on TalksOnLaw; (2) protect and defend the legitimate business interests, rights or property of TalksOnLaw, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications.  TalksOnLaw has the right but not the obligation to monitor and edit or remove any Forum communications and content.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.  In addition, you warrant that all so-called "moral rights" in those materials have been waived.

 

Third Party Communication and Content

Third Party Communications.  Talk On Law 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.  TalksOnLaw 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 Website.

Third Party Content.  Third party content (including, without limitation, Postings) may appear on this Website or may be accessible via links from this Website.  TalksOnLaw 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 Website.  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 TalksOnLaw.  Further, information and opinions provided by employees and agents of TalksOnLaw in Interactive Areas are not necessarily endorsed by TalksOnLaw and do not necessarily represent the beliefs and opinions of TalksOnLaw.

 

Not Professional Advice

The Content contained on the Website has been prepared by TalksOnLaw as a service to its readers and the Internet community and is not intended to constitute legal, accounting, tax or financial advice from a professional attorney, accountant, certified financial planner, or tax preparer.  TalksOnLaw has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Website.  Users of information from the Website or links do so at their own risk.

 

Other Products

Any reference made by the Website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by TalksOnLaw.  Content on the Website may be provided by third parties and users.  Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of TalksOnLaw.

 

Links to Other Web Sites and Services

To the extent that the Website contains links to outside services and resources, TalksOnLaw does not control the availability and content of those outside services and resources.  Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

 

Non-Transferability

Your right to use this Website is not transferable.  Any password or right given to you to obtain information is not transferable.

You may not transfer any rights you receive hereunder.  You may not transfer any continuing education credits you receive to a third party.

 

Indemnification 

You agree to indemnify, defend and hold TalksOnLaw harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation or alleged violation of this Agreement or use of the Website.

 

Disclaimer

The content in the website is provided "as is" and without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, TalksOnLaw disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  TalksOnLaw does not warrant that the functions contained in the content will be uninterrupted or error- free, that defects will be corrected, or that the website or the server(s) that makes the website available are free of viruses or other harmful components.  TalksOnLaw does not warrant or make any representations regarding the use or the results of the use of the content on the website in terms of its correctness, accuracy, reliability, or otherwise.  You (and not TalksOnLaw) assume the entire cost of all necessary servicing, repair, or correction.  Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The information contained in this Website, and its associated websites, including but not limited to TalksOnLaw, is provided as a service to the internet community, and does not constitute legal, accounting, tax or financial advice.  We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites.  As legal and other professional advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of a competent counsel or professional accountant, certified financial planner, tax preparer, or other licensed professional.

 

Limitation of Liability 

Under no circumstances, including, but not limited to, negligence, shall TalksOnLaw be liable for any special or consequential damages that result from the use of, or the inability to use, the content on the Website, even if TalksOnLaw or a TalksOnLaw authorized representative has been advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.  In no event shall TalksOnLaw's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the website.

 

Jurisdiction

Unless otherwise specified, the Content on the Website is presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates.  The Website is controlled and operated by TalksOnLaw from its office within the State of New York.  TalksOnLaw makes no representation that Content on the Web site is appropriate or available for use in other locations.  Those who choose to access the Website from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.

All users, including those users who access the Website from a country other than the U.S., agree that the laws of the State of New York shall govern any dispute, including those arising from TalksOnLaw's use of personal information or otherwise relating to privacy, as specified in the Privacy Policy.

These terms shall be governed by and construed in accordance with the laws of the State of New York.  You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Website and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by TalksOnLaw.

To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  TalksOnLaw's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

Termination 

These terms are effective until terminated by either party.  You may terminate these terms at any time by destroying all Content obtained from any and all Website(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.  The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from TalksOnLaw if, in TalksOnLaw's sole discretion, you fail to comply with any provision of these terms.  Upon termination, you must destroy all Content obtained from the Website and all copies thereof, whether made under these terms or otherwise.  TalksOnLaw may take such further action as TalksOnLaw determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and TalksOnLaw shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from TalksOnLaw 's exercise of its rights under these terms and conditions.

 

Members Can Only Receive Credit One (1) Time for Each Course

Members can only receive continuing education credit one time for each continuing education course.  Therefore if you take the same course in two separate reporting periods, you will only receive credit the first time you complete the program.

 

Certificates

TalksOnLaw is not responsible for retaining or keeping a history of any certificates you receive for continuing education credit.  You are responsible for keeping a copy of any continuing education credit certificates you earn.

 

Contact Information 

Email: info@talksonlaw.com

If you have questions regarding the Website, please contact us by emailing info@talksonlaw.com or calling us at (646) 893-3079.

 

Notice for California Residents: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


LAST UPDATED: October 15, 2014