B&B Terms of Use

By using this site, you're agreeing to the following terms of use. So please give them a read. It's boring, but important.

These terms of use (as amended from time to time, together with any documents referred to in them, such as our Privacy Policy, the “Terms of Use”) were last updated on August 15, 2016.

Welcome to www.blacklinesandbillables.com, a website of Firm Formula LLC (“FF”).  The Terms of Use apply to your use of the www.blacklinesandbillables, including any content, functionality and services offered on or through the website (collectively, the “Website”), whether as a guest or a registered user.

Note About These Terms of Use

The Terms of Use has been adapted from that of the good folks at Automattic at wordpress.com (creators of wordpress.com, Gravatar, Askimet.com), as adapted by that of the (also good) folks at Seneca and Marcus, LLC at fourhourworkweek.com (creators of fourhourworkweek.com and timeferriss.com), who have made their own terms of  use (links from entity names above) available for use by others under a Creative Commons Sharealike license, which means that others can use and adapt the licensed content for their own purposes so long as they make the adapted content available to others under the same license.  See the quick, human-readable summary of the license here.  Please feel free to use the following under the terms of that license.

Your Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the Website.  By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to abide by these Terms of Use, including our Privacy Policy.  If you do not agree to these Terms of Use, you must exit the Website.

The Terms

The following terms and conditions govern all use of the Website.  The Website is owned and operated by FF.  The Website is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy and The Issues List’s Community Rules https://blacklinesandbillables.com/forums/forum/community-rules/) and procedures that may be published from time to time by FF on the Website (collectively, the “Agreement”).

Please read the Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Website or use any of the related services. If these terms and conditions are considered an offer by FF, acceptance is expressly limited to these terms. The Website is offered for use only to individuals who are at least 13 years old.

1.  Responsibility of Contributors.

If you post material to the Website (including blog and forum posts or comments), links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (all such material, collectively, “Content”), you are entirely responsible for the content of, and any harm resulting from, such Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio files, or computer software. By making Content available, you represent and warrant that:

  • the Content does not contain any confidential information of any kind whatsoever that you are not entitled, in your sole discretion, to disclose, including without limitation information that is deemed confidential under applicable professional rules or as a result of your employment (past or present);
  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by FF or otherwise.

Without limiting any of those representations or warranties, FF has the right (though not the obligation), in FF’s sole discretion, (i) to refuse or remove any content that, in FF’s reasonable opinion, violates any FF policy or is in any way harmful or objectionable, or (ii) to terminate or deny access to and use of the Website to any individual or entity for any reason.

2.  Responsibility of Website Visitors.

FF has not reviewed, and cannot review, all of the material posted to the Website, and therefore cannot be responsible for that material’s content, use or effects. By operating the Website (and absent an explicit endorsement), FF does not represent or imply that it endorses the material posted on the Website, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself from inaccurate, not useful, or harmful content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FF disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted on the Website.

3.  Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Website links, and that link to the Website. FF does not have any control over those non-B&B websites and webpages, and is not responsible for their contents or their use. By linking to a non-B&B website or webpage, FF does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself from harmful or destructive content. FF disclaims any responsibility for any harm resulting from your use of non-B&B websites and webpages.

4.  Copyright Infringement.

As FF asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify FF in accordance with the Digital Millennium Copyright Act. FF will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of FF or others, FF may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, FF will have no obligation to provide a refund of any amounts previously paid to FF.

5.  Corrections, Suggestions, and Complaints.

We welcome comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted by email to feedback [at] blacklinesandbillables (dot) com.

6.  Intellectual Property.

(a)  This Agreement does not transfer to you from FF any FF or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FF.  FF, the Firm Formula, www.blacklinesandbillables.com, the “Blackines & Billables” logo, and all other trademarks, service marks, graphics and logos used in connection with the Website (including “Biglaw Basics”) are trademarks or registered trademarks of FF or Christian Lang. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FF, Christian Lang or third-party trademarks.

(b) You hereby grant FF an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (x) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or FF services or the promotion thereof and (y) to use your name, likeness and image for any purpose, including commercial or advertising, each of (x) and (y) on or in connection with FF or the promotion thereof.

7.  Changes.

FF reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. For your convenience, we will note the most recent date of any changes at the top of this page. FF may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8.  Termination.

FF may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to incur no further obligations under this Agreement, you may simply discontinue using the Website. All rights and obligations under this Agreement that relate to your prior use of the Website shall survive your discontinuance of using the Website for the longest period permitted under applicable law, including, without limitation, the effectiveness of any ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.  Disclaimer of Warranties.

The Website is provided “as is”. FF and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FF nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

10.  Limitation of Liability.

In no event will FF, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FF under this agreement during the twelve (12) month period prior to the cause of action. FF shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11.  General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement (including the Privacy Policy) and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12.  Indemnification.

You agree to indemnify and hold harmless FF, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

13.  Miscellaneous.

This Agreement constitutes the entire agreement between FF and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FF, or by the posting by FF of a revised version. Except to the extent applicable law provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the State of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FF may assign its rights or delegate its duties under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

 

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