Wiki Law Database

by lawyers, for lawyers

WikiLDB Terms of Use

December 30, 2010

1. Description and Eligibility

Welcome to Wiki Law Database ("WikiLDB", "we"). WikiLDB allows an open community of attorneys and judges to share information about the practice of law (the "Services"). Use of this site is subject to these Terms of Use, as well as any other terms referenced herein, and all such terms are hereby incorporated herein by this reference (collectively, the "Terms of Use"). By using WikiLDB, which is owned and operated by HOFnet, LLC ("HOFnet", "we" or "our") and by accessing the WikiLDB website located at http://www.WikiLDB.com, and all linked pages owned and operated by WikiLDB (the "Site" and, together with the Services, "WikiLDB"), you agree to be bound by these Terms of Use. These Terms of Use set out the legally binding terms regarding your use of WikiLDB. Please read these Terms of Use carefully. Your use of WikiLDB constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access or use WikiLDB. This site is developed specifically for attorneys and judges. If you do not qualify, do not use WikiLDB. By using WikiLDB, you represent and warrant that you meet this condition.

2. Changes to the Terms of Use or WikiLDB

You agree and understand that these Terms of Use, and WikiLDB itself, may be modified by HOFnet at any time without prior notice, and such modifications will be effective upon WikiLDB's posting of the new terms and/or upon implementation of the new changes on the Site. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of WikiLDB after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by HOFnet, any new features, new services, enhancements or modifications to WikiLDB implemented after your initial access to WikiLDB shall be subject to these Terms of Use.

3. Registration and Security

Before using this site, you are required to register with the Site and to select a password and user name ("User ID"). Information regarding your admission to the Bar will also be required. If you register, you agree to provide WikiLDB with true, accurate information, and that you will promptly update such information with any future changes. If you fail to do so, such failure shall constitute a breach of these Terms of Use, which may result in the immediate termination of your account. You may not: (a) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or (b) use another person's User ID. WikiLDB reserves the right to refuse registration of, or cancel, a User ID in its sole discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to WikiLDB shall be for your personal use only. You agree to (a) immediately notify WikiLDB of any unauthorized use of your User ID or password at support@WikiLDB.com, and (b) ensure that you exit from your account at the end of each sesion. If you violate any of these Terms of Use, WikiLDB may, at its sole discretion, terminate your registration, remove or modify the content that you have contributed, or take any other action that WikiLDB determines to be appropriate.

4. Third-Party Offers and Links

Advertisers support this site by sponsoring links and displaying offers that may be matched to you based on information stored in the Service, queries made through the Service or other information. In connection with offers, the Service will provide links to other web sites belonging to advertisers and other third parties. HOFnet does not endorse or guarantee the products or services available through these offers, whether or not sponsored. HOFnet is not an agent or broker or otherwise responsible for the activities or policies of those web sites

5. Your Use of WikiLDB

Subject to the restrictions on use and postings set forth in these Terms of Use, you may use WikiLDB to create, contribute, search, consume, and share information about the practice of law and matters related to the practice of law, and encourage others to do the same; send content to people you know, whether or not they are existing WikiLDB users; invite eligible people you know to join WikiLDB; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, forms, checklists and other materials available through WikiLDB ("Content"), and other items displayed on the Site. Use of the site is restricted solely to your own personal and professional use. Subject to any express license provided herein, you may not copy or distribute any portion of WikiLDB for any purpose not authorized above without the express written permission of HOFnet.

HOFnet does not control the Content posted by third parties on WikiLDB ("Third Party Content") and does not guarantee the accuracy, integrity or quality of such Third Party Content. Third Party Content may be false, misleading, fraudulent, offensive, indecent and/or objectionable. Under no circumstances will HOFnet be liable in any way for any loss or damamges resulting from reliance on Third Party Content

You agree you will not construe, treat or rely on Content as advice from HOFnet or WikiLDB as to the accuracy or current state of the law. Any Content posted by us on WikiLDB has been posted in order to generate community discussion of such Content. We are not responsible for the accuracy, integrity or quality of such Content and under no circumstances will HOFnet be liable in any way for any Content posted by us on WikiLDB, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of or reliance on any such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the integrity and accuracy of such Content. Do not rely on any Content in any way when making legal decisions. Your use of any and all Content on or through WikiLDB is subject to our Disclaimer, a copy of which is currently located at http://www.WikiLDB.com/disclaimer.html. We strongly urge you to review the terms of the Disclaimer.

You are responsible for complying with all laws applicable to the Content you submit to WikiLDB.

6. Alerts

WikiLDB may provide account-related alerts from time to time. Alerts may be sent to you following certain changes made online to your WikiLDB account, such as a change in your User ID. WikiLDB may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be sent to the email address you have provided as your primary email address for WikiLDB.com. If your email address changes you are responsible for informing us of that change Because alerts are not encrypted, we will never include your password. However, alerts may include your WikiLDB.com User ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts.

Any alerts we send you may be delayed or prevented by a variety of factors. WikiLDB does its best to provide alerts in a timely manner with accurate information. We do not guarantee the delivery or the accuracy of the content of any alert. You agree that WikiLDB shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

7. Content Submission

This site grows because of contributions of Content by its users. We encourage you to contribute Content to WikiLDB. When you contribute Content to WikiLDB, you agree to do so on the following terms:

  • You are solely responsible for any Content and other material that you submit to, WikiLDB or transmit to other WikiLDB users (hereinafter, "Contributed Content").
  • You may not submit any Contributed Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or that is subject to any restrictions, or imposes any obligations, on the use or further distribution thereof.
  • Your Contributed Content should not imply that such Content or material is sponsored or endorsed by WikiLDB or HOFnet.
  • You may not provide any Contributed Content that is unlawful or that promotes or encourages illegal activity.
  • You understand and agree that HOFnet may review and delete any Contributed Content that in the sole judgment of HOFnet violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of WikiLDB.
  • You agree that you will only provide Contributed Content that you believe to be true, and you will not purposely provide any false or misleading information.
  • By posting Contributed Content on WikiLDB, you hereby grant, and you represent and warrant that you have the right to grant and do hereby grant to HOFnet a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, to use, copy, publicly perform, digitally perform, publicly display and distribute such Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. This license survives the termination of this agreement.
  • You represent and warrant that none of your Contributed Content is subject to a confidentiality obligation.
  • WikiLDB encourages active and open debate among its members in a lawful and civil manner. The following is a partial list of the kind of Content and communications that are illegal or prohibited. We reserve the right to take appropriate action, including legal action, in our sole discretion against anyone who violates this provision. Our options include removing the offending communication from the Site and terminating the membership of such violators or blocking your use of WikiLDB.
  • You may not post Content that:
    1. is false or misleading;
    2. is patently offensive to users of WikiLDB, such as Content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. harasses or advocates harassment of another person or includes personal information about another person, such as their address, email address or telephone number;
    4. involves the transmission of unsolicited mass mailing (i.e. "spamming") or other forms of solicitation (including, but not limited to, advertising, promotional materials, chain letters and/or pyramid schemes);
    5. violates the intellectual property or other rights of any person (including rights arising under contractual or fiduciary obligations);
    6. promotes illegal activities or conduct that is abusive;
    7. violates any applicable law or regulation;
    8. is threatening, obscene, defamatory or libelous;
    9. is pornographic or sexually explicit in nature (except as required to discuss the subject to the topic, e.g., FCC v. Pacifica, 438 US 726 (1978)); and/or
    10. seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

8. Submission of Forms

You warrant that any form you submit is original to you as the author and that you have authority to grant permission to WikiLDB and its users to reproduce and use the form. You further warrant that its use does not infringe or invade the rights of others and will not cause harm to anyone and that you have the full power to authorize and allow use of any submitted form. As a form provider, you agree to indemnify and hold harmless WikiLDB and HOFnet, LLC from any and all claims, suits, actions or proceedings of any kind arising out of use of forms you submit to this site.

9. Restrictions on Rights to Use of Site

You agree that, subject to any express license provided herein, without the express written consent of HOFnet, you shall not:

  1. modify any portion of the underlying program that runs WikiLDB;
  2. remove any copyright, trademark or other proprietary rights notices contained in or on WikiLDB or in or on any Contributed Content or other material obtained via WikiLDB;
  3. except for tools provided through WikiLDB, use any automated device, process or means to access, retrieve or index any portion of WikiLDB;
  4. access, retrieve or index any portion of WikiLDB for the purpose of publishing such Content, including using such Contributed Content to create a searchable database of information;
  5. collect or store personal data or any other information about other users or members of WikiLDB in connection with the prohibited activities described in this paragraph, or for any other purpose other than for your own personal, non-commercial use;
  6. reformat, frame or place pop-up windows over any portion of WikiLDB, or otherwise affect the way that WikiLDB is displayed;
  7. add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on WikiLDB;
  8. create user accounts by automated means or under false or fraudulent pretenses;
  9. create or transmit unwanted electronic communications such as "spam" to other users or members of WikiLDB or otherwise interfere with other users' or members' enjoyment of WikiLDB;
  10. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  11. forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through WikiLDB or to manipulate your presence on WikiLDB;
  12. use WikiLDB to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  13. copy or store any Content offered on WikiLDB for other than your own personal use;
  14. use any device, software or routine that interferes with the proper working of the WikiLDB or otherwise attempt to interfere with the proper working of WikiLDB;
  15. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; or
  16. use WikiLDB, intentionally or unintentionally, to violate any applicable local, state, national or international law.
Unauthorized access to WikiLDB is a breach of these Terms of Use. You agree not to access the Site by any means other than through the interfaces that we provide to you for accessing the Site. HOFnet may at any time, without prior notice and at our sole discretion, remove any post, terminate the membership of, or take any other appropriate action against any person who violates the above provisions. WikiLDB will investigate any illegal or unauthorized uses of the Site and reserves the right to take appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.

10. Copyright Dispute Policy

HOFnet has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of HOFnet's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this paragraph.

  1. HOFnet Policy
    It is HOFnet's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content Providers, members or users; and (ii) remove and discontinue service to repeat offenders.
  2. Procedure for Reporting Copyright Infringements
    If you believe that material or Content residing on or accessible through WikiLDB infringes your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    2. Identification of copyrighted works or materials claimed to have been infringed, or a representative list thereof if multiple copyrighted works at a single online site are covered by a single notification; c. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that HOFnet is reasonably capable of finding and verifying its existence; d. Contact information about the notifier including address, telephone number and, if available, email address; e. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and f. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the owner of an exclusive copyright that is allegedly infringed.

      HOFnet will not accept or open attachments, so be sure that you include all required information in the body of the email..
  3. Upon Receipt of a Bona Fide Infringement Notification
    Once the Designated Agent receives Proper Bona Fide Infringement Notification, it is HOFnet's policy:
    1. to remove or disable access to the infringing material;
    2. to notify the Content Provider, member or user that it has removed or disabled access to the material; and for repeat offenders, HOFnet may also terminate such Content Provider's, member's or user's access to WikiLDB.
  4. Procedure for Submitting a Counter-Notice to the Designated Agent
    If the Content Provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content Provider, member or user believes that he or she has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content Provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
    1. A physical or electronic signature of the Content Provider, member or user;
    2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
    3. A statement under the penalty of perjury that the Content Provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
    4. The Content Provider's, member's or user's name, address, telephone number, and, if available, email address and
    5. A statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content Provider's, member's or user's address is located, or if the Content Provider's, member's or user's address is located outside the United States, for any judicial district in which HOFnet is located, and that such person or entity will accept service of process from the complaining party.
  5. Removal
    If the Designated Agent receives a counter-notice, HOFnet will forward a copy of the counter-notice to the original complaining party informing that person that it will replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user and notice is received by the Designated Agent, the removed material will be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice,.
  6. Address for Designated Agent
    Please contact HOFnet's Designated Agent to Receive Notification of Claimed Infringement at the following address: Copyright Agent HOFnet, LLC 200 Spring Street Eau Claire, WI 54703 or email us at support@WikiLDB.com

11. HOFnet's Proprietary Rights

The Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising WikiLDB are also copyrighted works. Except for the Content submitted by members or users, WikiLDB, Wiki Law Database and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by HOFnet or its licensors and licensees. You acknowledge that WikiLDB and any underlying technology or software used in connection with WikiLDB contain HOFnet's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on WikiLDB, in whole or in part, except as expressly provided in HOFnet's policies and procedures made available via WikiLDB. Except as expressly provided herein, HOFnet and its suppliers do not grant you any express or implied rights. HOFnet retains all rights in WikiLDB not expressly granted by HOFnet to you.

Trade names, trademarks and service marks of HOFnet include, without limitation, WikiLDBtm, Wiki Law Databasetm and all associated logos. All trademarks and services marks on the Site that are not owned by HOFnet are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any HOFnet trade names, trademarks or service marks without the express prior written consent of HOFnet.

12. Transactions with 3rd Parties

If you engage in commercial transactions with third parties in connection with your use of WikiLDB, such activity is solely between you and the applicable third party. You hereby release HOFnet from all claims arising from such activity.

13. Privacy

Use of the Site and/or WikiLDB, and all information that you provide to HOFnet in order to register for WikiLDB, is governed by our Privacy Policy. We strongly urge you to review the terms of the Privacy Policy.

14. Term

These Terms of Use will remain in full force and effect while you use WikiLDB or use any Content that you have obtained from WikiLDB. WikiLDB may modify or terminate these Terms of Use for any reason, at any time. Any provisions in these Terms of Use that by their nature or as specified hereunder are intended to continue beyond termination or expiration of these Terms of Use shall survive any termination or expiration of these Terms of Use.

15. Disclaimer

WikiLDB is provided by HOFnet, LLC on an "as is" and "as available" basis. We make no, and affirmatively disclaims all, representations or warranties of any kind, express, statutory or implied as to the operation of WikiLDB or software or the information, content, materials, or products included on, or in association with, this site. To the fullest extent permissible by applicable law, HOFnet and its licensors and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HOFnet and its licensors and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within WikiLDB. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. HOFnet is not responsible for the conduct of any user of WikiLDB. HOFnet does not warrant or covenant that WikiLDB will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that WikiLDB is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of WikiLDB is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any user from HOFnet or through or from WikiLDB shall create any warranty not expressly stated herein.

Neither HOFnet nor the service is intended to provide legal, tax or financial advice. HOFnet is not a legal, tax or financial advisor. The service is intended only to assist you in the practice of law. Each situation is unique, and any information and advice obtained through the service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should consider obtaining additional information.

16. Limitation on liability

HOFnet shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond HOFnet's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). Without limiting the foregoing, HOFnet and its affiliates and suppliers will not be liable under any theory of law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding anything to the contrary contained herein, HOFnet's maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) the amount paid, if any, by you to HOFnet for WikiLDB in the 12 months prior to the action giving rise to liability or (ii) $100. If you are a California resident, you waive your rights with respect to California civil code section 1542, which says "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

17. Indemnity

You agree to indemnify and hold HOFnet, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of, (i) your submission of Contributed Content, (ii) the violation of these Terms of Use by you, (iii) your violation of law in your use of WikiLDB or in your dealings with other users of WikiLDB, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

18. Certain Third Party Content

Any Content on the Site that is subject to the GNU General Public License, the GNU Free Documentation License or any similar type of "open" licensing regime ("Open Content") is expressly excluded from the ownership rights claimed by HOFnet under these Terms of Use. The use and distribution of any Open Content on the Site labeled by HOFnet as subject to open license terms is subject to those terms, and not to the restrictions in these Terms of Use.

19. Removing your account from WikiLDB

This Agreement will continue to apply until terminated by either you or HOFnet as set out below. If you want to terminate your legal agreement with HOFnet, you may do so by closing your account for the Service.

To close and delete your account, please email HOFnet at support@WikiLDB.com. Your WikiLDB.com account data will be removed subject to and as explained in our Privacy Policy.

20. Miscellaneous

By using WikiLDB, you agree that any dispute will be governed by the laws of the State of Wisconsin, without regard to its conflict of law provisions. You further agree to exclusive personal jurisdiction by, and venue in, the state courts of Eau Claire County, State of Wisconsin, for any and all claims about or involving WikiLDB. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind HOFnet in any respect whatsoever. HOFnet may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail or postings on WikiLDB. These Terms of Use, accepted upon use of WikiLDB, and all terms, guidelines and rules referenced herein contain the entire agreement between you and HOFnet regarding the use of WikiLDB. The failure of HOFnet to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable or transferable by you except with HOFnet's prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include WikiLDB's acceptable use policy for Contributed Content, WikiLDB's Privacy Policy, WikiLDB's Disclaimer and any notices regarding WikiLDB.

21. Contact and Violations

If you have questions regarding these Terms of Use or to report any violations of these Terms of Use, please contact us at support@WikiLDB.com.