Terms and Privacy Policy
The following terms (“Terms of Use”) constitute an agreement between The Dunham Legal Group, LLC (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to all websites administered by Company (“Websites”), located at: https://rivistajournal.com
Throughout these terms, the collective content from the Websites and any product/service sold by Company on the Websites will be referred to as “Company Content.”
Your use of the Websites constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Websites, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
PURCHASE POLICIES
The following purchase policies constitute an agreement between The Dunham Legal Group, LLC (“Company”), and you that governs your purchase of the following downloadable digital products (“Digital Products):
PURCHASE AND ACCESS
When you purchase any of our Digital Products, you will receive immediate access to the Digital Products at the time your purchase is completed. All purchases of Digital Products are paid in full at the time of purchase either for an annual subscription or a single print license.
SUBSCRIPTION RENEWAL
Credit card holder’s account is automatically charged on the same date as the original transaction date on each corresponding year.
Dunham Legal Group may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information. Right of access granted under these Terms is effective only upon payment of the subscription fees.
CANCELLING THE ACCOUNT
The only valid method for canceling your Plan is via written cancellation through email notification. Notification must be received prior to 10 days before the subscription renews. Email cancellation notification should be sent to info@rivistajournal.com Once you cancel your membership subscription, you will not lose access immediately. Your membership will continue through the end of your current charge cycle.
REFUNDS
Refunds are not available for The Rivista Journal or any/other Digital Products.
LICENSE TO USE DIGITAL PRODUCTS
All Digital Products, including any content contained within the Digital Products, available for sale on the Websites were developed solely for your legal firm use and may not be reproduced for publication except as specifically provided for in the agreement for your clients without permission from Company.
This means that you, as the purchaser, are permitted to use the content you purchased, including using it within your business. Additionally, you may not reproduce or resell the information to any third parties.
USE OF THE WEBSITES
Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Company Content. Subject to the license stated herein, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your client’s personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content;
Reproduction or duplication of any content on the Company Content for commercial purposes;
Modification of any content in the Company Content;
From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.
PROHIBITED USES OF THE WEBSITE
You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Websites without Company’s express written permission.
You must not use the Websites to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You must not use the Websites for any third-party marketing without Company’s express written permission.
PRIVACY
The Dunham Legal Group, LLC. will only use the information obtained from the sale of the content for the use of subscription expiration notification, product updates or any other manner to notify the end user of changes to the content. We will neither sell nor distribute the information gained from the sale of the content to third parties except as required by the credit card companies for purchase of the product.
COPYRIGHT
Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
TRADEMARKS
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
CONTENT CONTRIBUTED TO THE WEBSITES
In limited circumstances, you may contribute content to the Company Content, including, but not limited to, suggestions, notes, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on Company’s servers; or, (iii) hosted or published on the Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Company Content.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
COMMUNICATION
If you send Company an email, register to use the Websites or Products, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
THIRD PARTIES
The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Company Content. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Company Content, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Websites and all Company Content is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Websites, Company Content, or the information and materials provided therein.
Company makes no warranty the Websites or Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Websites and Company Content are written in English and makes no warranty regarding translation or interpretation of content in any language.
COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND COMPANY CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Georgia. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Marietta, Georgia. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Websites offered by Company.
All notices with respect to the Terms of Use must be in writing and may be via email to info@rivistajournal.com for Company and to your email address