Terms and Conditions

TERMS AND CONDITIONS OF USE

The Legal Balance Inc. ("TLB") is a powerful online membership community where women attorneys can network, share advice, learn tips and find resources for creating a better work-life balance. We strive to bring you resources that create convenience in your daily life.

1. ACCEPTANCE OF TERMS Welcome to our website! The Legal Balance is a private membership community open only to licensed attorneys or law students currently enrolled in an accredited law school. There are a few rules that our users must follow when using our website, so we ask all our users to read this Terms and Conditions of Use (“Terms and Conditions”) carefully. By using this website, you are agreeing to these Terms and Conditions. We do not intend to make changes to our Terms and Conditions very often, but reserve the right to modify these Terms and Conditions at any time by publishing the modified Terms and Conditions on thelegalbalance.com. You should check for changes to these Terms and Conditions periodically. Any changes in our Terms and Conditions will be prospective only. We will not make any changes to our Terms and Conditions that have a retroactive effect unless legally required to do so. You agree to accept any changes to these Terms and Conditions if you use the website after the Terms and Conditions have changed, whether or not you have reviewed the changes. Please do not use our website if you do not agree to these Terms and Conditions. TLB provides its websites and associated services to you subject to the following Terms and Conditions. These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with previous Terms and Conditions. You can find the most current version of these Terms and Conditions at www.thelegalbalance.com/terms. These Terms and Conditions represent a binding agreement between TLB and you. This agreement governs your use of thelegalbalance.com (the “Service”), including, but not limited to, all content such as text, information, images, the TLB blogs, message boards, chat rooms, forums community groups, and all information made available to you or by you through this website by TLB and/or third parties.

2. DESCRIPTION OF SERVICE The Service consists of computing and information services and software, information and other content provided by TLB. In addition, third parties provide information, software, and other content (collectively, “Third Party Content”) which may be accessed over the Service. These Terms and Conditions are provided to make online information usage and communications a positive and secure experience for you. The Service is designed to comply with U.S. law and regulations. The Service including, but not limited to, all content such as text, information, images, the TLB blogs, message boards, chat rooms, forums community groups, and all information made available to you or by you through this website by TLB. or other interactive service on the website. The Service includes public areas as well as private areas of the website. Contributing to or posting to the Service requires you to register with the Service, thus becoming a member of the Service. You understand and agree that the Service may include advertisements and that these advertisements are necessary for TLB to provide the Service, and that the Service may include certain communications from TLB, such as service announcements and administrative messages. You acknowledge that the Service is provided “as-is” and that TLB assumes no responsibility for failure to store any communication or personalization settings. The Legal Balance is not a law firm and nothing on this site constitutes legal advice.

3. LINKS These Terms and Conditions do not apply to your use of websites not owned and operated by TLB, even though the Service may link to such websites. The linked websites are not necessarily under the control of TLB and TLB is not responsible for and does not certify the content of any linked website or any link contained in a non-affiliated linked website. TLB does not endorse or take responsibility for the content, advertising, products or other materials available through any other website. If you decide to access any of the third party sites linked to the Service, you do this entirely at your own risk. Under no circumstances will TLB be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or reliance on, any content, goods or services available on any other website.

4. PRIVACY POLICY Registration data and certain other data about you and other users are subject to TLB'sPrivate Policy.

5. MEMBERSHIP TLB membership is available to women attorneys and law students who are at least 18 years of age, and by registering to use TLB, you represent and warrant that you are at least 18 years of age. TLB reserves the right in its sole discretion to suspend or terminate your use of the Service and refuse any and all future use of all or any portion of the Service. During the collection of information, such as during registration to become a member, you are required to give your contact information (such as name and email address, and the like). An email address is used to contact you about materials and information about the Service. When the Service requests this type of information, the Service will clearly indicate the purpose of the inquiry before the information is requested. General access to the Service is subject to an annual membership fee. Your membership fee (your payment) is good for one (1) year from date of payment and is nonrefundable. TLB may charge fees for various premium features and services that we offer. TLB reserves the right to change this policy and begin charging for access to our website and other features and services we offer or the fees (including the amount and/or type of fees) we charge at any time. If we introduce a new service, we will establish the fees for an existing service, such new or revised fees shall automatically be effective thirty days after they are initially posted on the Service. Once fees and changes become effective, you agree to pay all fees and charges specified and all applicable taxes for the services provided. If you wish to use such services, TLB is not responsible for any charges and expenses you incur resulting from being billed by us in accordance with this Agreement (e.g., overdrawn accounts, exceeding account limits, etc.). After completing the registration process, you will become a member and you will receive a password enabling you to access all relevant areas. Some areas may be limited to paid subscribers. As a member, you agree to the following: (a) to maintain the confidentiality of your password; (b) to immediately notify us of any unauthorized use of your password or any other breach of security; and (c) to be fully responsible for all liability and damages resulting from your failure to maintain confidentiality and all activities that occur through the use of your password, and that TLB cannot and will not be liable for any loss or damage arising from your failure to comply.

Liquidated Damages. You understand and agree that because damages are often difficult to quantify, if The Legal Balance is required to pursue legal action against you to enforce these Terms and Conditions, you will be liable to pay The Legal Balance the following amounts as liquidated damages, which you accept as reasonable damages for the following breaches of these Terms and Conditions:

If you attempt to join TLB by fabricating your identity and submiting a fraudulent application in an attempt to circumvent the eligibility requirements set forth above, you agree that the reasonable damages for such a breach is $10,000.00.

TLB reserves the right in its sole discretion to ban any person or business from using TLB. USERS WHO VIOLATE THE TERMS and CONDITIONS MAY BE PERMANENTLY BANNED FROM MEMBERSHIP OF THE LEGAL BALANCE.

6. USER INFORMATION User information includes any information post or other material you provide (directly or indirectly), including through the registration process or through the use including, but not limited to, all content such as text, information, images, the TLB blogs, message boards, chat rooms, forums, community groups, and all information made available to you or by you through this website by TLB. You are solely responsible for your user information and TLB only acts as a passive conduit for your online distribution and publication of user information publicly. Any user information, through the use of the Service or otherwise, you submit or make available for inclusion on publicly accessible areas of the Service is considered Public Information (i.e. your name, if provided and city location (not your full address) are considered Public Information); any other portion of user information is considered private information. Public Information may be accessible by and made public by search engines, metasearch tools, crawlers, metacrawlers and other similar programs. In consideration of your use of the Service, you agree that your user information: (a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (g) shall not link directly or indirectly to any materials to which you do not have a right to link to or include. In addition, you agree to provide us with your valid, current email address, both at the time of your registration with TLB and from time to time as your email address changes. TLB reserves the right to collect, disseminate, sell, and otherwise disclose non-personal information provided by you. But, as provided in our Privacy Policy, TLB does not intend to sell, rent or otherwise disclose any personally identifiable information about members to any third party (this includes members’ email addresses). Personal information is used only for internal purposes. You acknowledge and agree that TLB may disclose user information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on TLB or the Service, (b) respond to claims that user information violates the rights of third parties; or (c) protect the rights, property or personal safety of TLB, its employees, users and the public.

7. RESTRICTIONS ON USE OF MATERIAL You must not place copyrighted or trademarked material or any other material you are forbidden, by law or contract, to post (collectively, “Prohibited Material”) on the Service without the permission of the owner(s) of the materials or person(s) they specifically authorize to grant permission. Only the owner(s) or such authorized person(s) may upload Prohibited Material to the Service. TLB shall terminate your use of the Service if you post Prohibited Material without the permission of the owner(s) or such authorized person(s) (pursuant to the SERVICE TERMINATION section of these Terms and Conditions). You may download any posted material for your personal, non-commercial use, so long as you neither change nor delete any author attribution, trademark legend, or copyright notice. Except as expressly provided by relevant intellectual property law, copying, redistribution, commercial use, or publication of posted materials must be with the express permission of TLB and the owner(s) or such authorized person(s), if other than TLB. Permission must be specified in the document, on the Service, or must be obtained directly from TLB and the owner(s) or such authorized persons(s), if other than TLB. In any copying, redistribution, or publication of posted material, any changes to or deletion of author attribution, trademark legend, or copyright notice are prohibited. TLB respects the intellectual property rights of others, and TLB expects you to do the same. If you suspect that your intellectual property is being infringed by data posted on the Service, you can file a complaint with our designated agent. The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is Steve Reed, Northwestern University School of Law 375 East Chicago Avenue Chicago, Illinois 60611 (312) 503-0119, steve-reed@law.northwestern.edu. You agree that your membership profile, message board postings, or any other portions of the website reserved solely for member use may not be used by you for commercial activity, sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of TLB. A posting includes uploading, posting, emailing, transmitting or otherwise making information available anywhere on the Service.

8. PROPRIETARY RIGHTS TLB does not claim ownership of user information or content posted to the Service, and user information will only be used in accordance with our privacy policy. However, by posting content and public information on the Service, you grant TLB a worldwide, perpetual, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the content for the purpose of providing the Service or for the purpose of any commercial endeavor later developed from the Service. You are not entitled to any compensation for any materials you may post on the Service. You warrant that you own or otherwise control all of the rights of the content you have posted to the Service and that the public posting and use of such content by us will not infringe the rights of any third party.

9. CONTENT & USES OF THE SERVICE You agree not to post on or over the Service any information, software or other content that violates or infringes upon the rights of any others or that would be abusive, profane or sexually offensive to an average person, libelous, obscene, or that, without the approval of TLB, contains any advertising or any solicitation of other members to use goods or services. This paragraph, however, shall not be interpreted to restrict advertising or any solicitation of other members to use goods or services. This paragraph shall not be interpreted to restrict you from utilizing TLB Mail in the conduct of a legitimate business except that you may not, without the approval of TLB, send unsolicited advertising or promotional material to other members. You agree not to use the facilities and capabilities of the Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law or to solicit members to become members of other competitive information services. You agree not to send mass mailings to any other members that contain commercial advertisements.

10. COMMUNITY STANDARDS.TLB is an online membership community where female attorneys can network, share advice, and find resources to creating a better work-life balance. Because our site allows members to create and participate in discussions, the standards below have been established to help maintain a positive and encouraging atmosphere for these discussions to take place.

When using our site, users should be aware that real-world laws are still in effect. Therefore, any uploads or posts that contain child pornography, nudity, sexually graphic material, and explicit material will be deleted and the user will be reported to the appropriate authorities when necessary.

In addition, users should not post offensive, hateful, prejudiced or discriminatory material. Posts that contain threats of violence against a living person or dangerous acts will also be deleted.

Users of TLB are subject to meeting basic identity standards to ensure the user is a real person and not an automated system. We encourage our members to take full advantage of all resources, services, groups, discussions and tools that TLB provides. While pages and discussions will be monitored by TLB staff, it is the responsibility of the members to ultimately govern the community. Please report any violations of the community standards and site guidelines to our staff. The above guidelines are designed to create a positive and encouraging atmosphere for members to communicate. We take the Community Standards seriously and ask that you respect both the established standards as well as the other members of our site. Any post on our website is subject to deletion and any member who violates the above listed standards is subject to removal from our site.

11. EDITING AND DELETING CONTENT TLB reserves the right in its sole discretion to edit or delete any information, software, or other content appearing on the Service, regardless of whether it violates the standards for content. TLB, however, is not responsible for screening any material posted on the Service by any user or member.

12. SERVICE TERMINATION TLB reserves the right in its sole discretion to suspend or terminate the Service to any member at any time. Upon termination, you will cease use of the Service.

13. WARRANTIES TLB EXERCISES NO CONTROL WHATSOEVER OVER THE CONTENT OF THE INFORMATION PASSING THROUGH OR POSTED ON THE SERVICE. TLB PROVIDES THE INFORMATION ON THE SERVICE “AS-IS” AND WITHOUT ANY WARRANTIES. TLB DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION, ALTHOUGH TLB’S CURRENT PRACTICE IS TO UTILIZE REASONABLE EFFORTS TO MAINTAIN SUCH CONFIDENTIALITY. TLB IS NOT RESPONSIBLE FOR ANY DAMAGE YOU SUFFER FROM THE USE OF THE SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES, SERVICE INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS CAUSED BY OUR OWN NEGLIGENCE OR YOUR OWN ERRORS OR OMISSIONS, OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY SERVICE INTERRUPTIONS CAUSED BY OUR OWN NEGLIGENCE OR YOUR OWN ERRORS OR OMISSIONS, OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU. USE OF ANY INFORMATION OBTAINED VIA THE SERVICE AND USE OF SERVICE IS AT YOUR OWN RISK. TLB SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH THE SERVICE. IN NO EVENT WILL THE LEGAL BALANCE, INC., NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE MATERIAL AND INFORMATION ON THE SERVICE, BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE, OR DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), THE TOTAL LIABILITY TO YOU OF TLB SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO TLB BY YOU, IF ANY, FOR ACCESSING THE SERVICE. TLB DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED ON THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTIONS BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

14. INDEMNIFICATION You agree to indemnify and hold TLB harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms and Conditions, including these rules or any information, software or other content placed on the Service by you. The use of the Service to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since TLB exercises no control whatsoever over the information that is received abroad or by foreign nationals within the United States, you agree to comply with all export and import requirements. Since TLB exercises no control whatsoever over the content of information passing through its Service, the entire burden of complying with all laws and regulations is the obligation of members. You agree to comply with such laws and regulations and to indemnify and hold TLB harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.

15. CONFIDENTIALITY YOUR CONFIDENTIAL USE OF THIS SITE CANNOT BE GUARANTEED BY US. WE SHALL NOT BE RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY IN RESPECT TO YOUR USE OF THE SITE, REGARDLESS OF THE MANNER OR REASON SUCH BREACH OF CONFIDENTIALITY OCCURRED.

16. MISCELLANEOUS PROVISIONS Entire Agreement. I understand and agree that the username I create will appear to others inside the site. I understand and agree that the username I create is how I will be identified to other users with The Legal Balance community website. The Legal Balance is not liable or responsible for any privacy issues associated with any username I create.

These Terms and Conditions constitute the entire agreement between you and TLB and govern your use of the Service, superseding any prior agreements between you and TLB with respect to the Service.

Choice of Law and Forum. These Terms and Conditions and the relationship between you and TLB shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and TLB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois.

Waiver and Severability. The failure of TLB to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Titles. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. This page was updated last on October 15, 2009.