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Terms of Use Agreement

LAWCLECENTER.COM WEBSITE
TERMS OF USE AGREEMENT

Overview

1.0 Agreement
2.0 Access to LAWCLECENTER.COM Website
3.0 Use Restrictions
4.0 Use Limited to Personal and Non-Commercial Purposes
5.0 Proprietary Information
6.0 Hyper-Links
7.0 Changes on the Web Site
8.0 Submissions to LAWCLECENTER.COM
9.0 Disclaimer
10.0 Limitation on Liability
11.0 Termination or Restriction of Access
12.0 Indemnity
13.0 Trademarks and Copyrights or other Intellectual Property Rights
14.0 Security
15.0 Miscellaneous

This site and its content, information or services may be used only under the following terms and conditions. BY ACCESSING AND USING LAWCLECENTER.COM, YOU ("User") AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement").

1.0 Agreement

1.1 Parties

This Terms of Use Agreement ("Agreement") is made by and between ARKFELD PROFESSIONAL EDUCATION, LLC, an Arizona Company, which owns and controls the web site LAWCLECENTER.COM ("LAWCLECENTER.COM") and you ("User," "you," "your"). This Agreement contains the terms and conditions that govern your use of this Web Site.

1.2 Agreement

BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. ARKFELD PROFESSIONAL EDUCATION, LLC RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AS ARKFELD PROFESSIONAL EDUCATION, LLC SEES FIT. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE LAWCLECENTER.COM WEBSITE.

1.3 License

The user is granted a non-exclusive, non-transferrable, revocable, limited license to access and use LAWCLECENTER.COM on any single computer for personal, non-commercial use. ARKFELD PROFESSIONAL EDUCATION, LLC may terminate this license without notice at any time and for any reason.

2.0 Access to LAWCLECENTER.COM Website

At present the LAWCLECENTER.COM website is available with and without registration. However, ARKFELD PROFESSIONAL EDUCATION, LLC may, in its sole discretion, allow access to the LAWCLECENTER.COM website or some of the resources it offers, only if a user provides certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If ARKFELD PROFESSIONAL EDUCATION, LLC believes the information you provide is not correct, current, or complete, ARKFELD PROFESSIONAL EDUCATION, LLC has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3.0 Use Restrictions

3.1 The user may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use LAWCLECENTER.COM content or any portion thereof, in any form or by any means, except:

3.1.1 As expressly permitted by this Agreement,

3.1.2 With ARKFELD PROFESSIONAL EDUCATION, LLC's prior written permission, or

3.1.3 If not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107).

3.2 In using this site for purposes expressly permitted by this site, you recognize that as a condition of your use, you warrant to ARKFELD PROFESSIONAL EDUCATION, LLC that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By way of example, without the express prior written permission of an authorized representative of ARKFELD PROFESSIONAL EDUCATION, LLC, you will not (and will not authorize any party to):

3.2.1 Co-brand this site (e.g., display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the LAWCLECENTER.COM site or content accessible within the LAWCLECENTER.COM site), or

3.2.2 Frame this site (e.g., put your outgoing users in a framed page in which they view your banner or HTML page at the top of the screen while viewing the LAWCLECENTER.COM site), or

3.2.3 Requests to do 3.2.1, and 3.2.2 may be granted to most users who request to do so by contacting a representative of ARKFELD PROFESSIONAL EDUCATION, LLC.

3.3 In using the LAWCLECENTER.COM site, you agree to cooperate with ARKFELD PROFESSIONAL EDUCATION, LLC in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use the LAWCLECENTER.COM website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.

4.0 Use Limited to Personal and Non-Commercial Purposes

The LAWCLECENTER.COM website is for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without ARKFELD PROFESSIONAL EDUCATION, LLC's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the LAWCLECENTER.COM website.

5.0 Proprietary Information

The material and content accessible from the LAWCLECENTER.COM site, and any other websites owned, operated, licensed, or otherwise controlled by ARKFELD PROFESSIONAL EDUCATION, LLC (the "Content") is the proprietary information of ARKFELD PROFESSIONAL EDUCATION, LLC or the party that provided or licensed the Content to ARKFELD PROFESSIONAL EDUCATION, LLC, whereby such providing party retains all right, title, and interest in the Content.

5.1 Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of ARKFELD PROFESSIONAL EDUCATION, LLC, except that you may print out a copy of the Content solely for your personal use.

5.2 In printing out a copy of the Content solely for personal use, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates ARKFELD PROFESSIONAL EDUCATION, LLC's intellectual property rights.

5.3 Neither title nor intellectual property rights are transferred to you by access to the LAWCLECENTER.COM site.

6.0 Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, ARKFELD PROFESSIONAL EDUCATION, LLC. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the LAWCLECENTER.COM site. ARKFELD PROFESSIONAL EDUCATION, LLC has not reviewed any of such hyper-linked sites and is not responsible for the content of those sites. Nor is ARKFELD PROFESSIONAL EDUCATION, LLC responsible for webcasting or any other form of transmission received from any hyper-linked site. A user uses any Hyper-link on the LAWCLECENTER.COM site at their own risk, and ARKFELD PROFESSIONAL EDUCATION, LLC makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to LAWCLECENTER.COM. LAWCLECENTER.COM provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by LAWCLECENTER.COM of that site or any association with its operators.

7.0 Changes on the Web Site

In the sole editorial discretion of ARKFELD PROFESSIONAL EDUCATION, LLC and without notice, this web site may be altered in form, content, coverage, features, focus, or time or form of delivery. In addition, the form of delivery, timing, access, as well as methods for distribution may be altered or changed in the sole discretion of ARKFELD PROFESSIONAL EDUCATION, LLC.

8.0 Submissions to ARKFELD PROFESSIONAL EDUCATION, LLC

Unless otherwise agreed, you hereby grant to ARKFELD PROFESSIONAL EDUCATION, LLC royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to ARKFELD PROFESSIONAL EDUCATION, LLC through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.

8.1 ARKFELD PROFESSIONAL EDUCATION, LLC will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, unless otherwise agreed to, and will not incur any liability as a result of any similarities that may appear in future ARKFELD PROFESSIONAL EDUCATION, LLC operations.

8.2 ARKFELD PROFESSIONAL EDUCATION, LLC will treat any personal information that you submit through this site in accordance with its Privacy Policy.

9.0 Disclaimer

9.1 You understand that ARKFELD PROFESSIONAL EDUCATION, LLC is not engaged in rendering legal or other professional advice, and that ARKFELD PROFESSIONAL EDUCATION, LLC, its Web site(s) and its databases are not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or professional. Because ARKFELD PROFESSIONAL EDUCATION, LLC provides information on law and legal topics and is designed for informational purposes only, the user also acknowledges that under no circumstances is ARKFELD PROFESSIONAL EDUCATION, LLC, its agents, affiliates or customers, providing legal advice or representation through LAWCLECENTER.COM, and that nothing on LAWCLECENTER.COM is intended as a substitute for legal advice from an attorney.

9.2 You understand that ARKFELD PROFESSIONAL EDUCATION, LLC presents information and opinions as an informational and educational service to subscribers. The content of this information should not be relied upon as legal advice and is not intended to create an attorney-client relationship.

9.3 User acknowledges that no attorney-client relationship is formed through the use of ARKFELD PROFESSIONAL EDUCATION, LLC services, and that User has no expectation of privacy or confidentiality of communications occurring through use of such Services.

9.4 If User is an attorney participating in any aspect of the LAWCLECENTER.COM site, User acknowledges that the Rules or Codes of Professional Conduct ("Rules") of the jurisdictions in which User is licensed apply to all aspects of User's participation and that User will abide by such Rules. ARKFELD PROFESSIONAL EDUCATION, LLC disclaims all responsibility for User's noncompliance with these rules. User warrants that its use of services provided by ARKFELD PROFESSIONAL EDUCATION, LLC will be used to provide general information only, and not for the provision of legal advice or the practice of law.

9.5 You understand that ARKFELD PROFESSIONAL EDUCATION, LLC cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. ARKFELD PROFESSIONAL EDUCATION, LLC does not assume any responsibility or risk for your use of the Internet.

9.6 You understand and agree that the Content on LAWCLECENTER.COM is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by LAWCLECENTER.COM.

9.7 YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ARKFELD PROFESSIONAL EDUCATION, LLC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

ARKFELD PROFESSIONAL EDUCATION, LLC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARKFELD PROFESSIONAL EDUCATION, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ARKFELD PROFESSIONAL EDUCATION, LLC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ARKFELD PROFESSIONAL EDUCATION, LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ARKFELD PROFESSIONAL EDUCATION, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

9.8 All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and ARKFELD PROFESSIONAL EDUCATION, LLC does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

10.0 Limitation on Liability

ARKFELD PROFESSIONAL EDUCATION, LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ARKFELD PROFESSIONAL EDUCATION, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ARKFELD PROFESSIONAL EDUCATION, LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1 OR THE AMOUNT YOU HAVE PAID TO ARKFELD PROFESSIONAL EDUCATION, LLC FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

10.1 In no event shall ARKFELD PROFESSIONAL EDUCATION, LLC be liable to user for any claim relating in any way to:

10.1.1 User's inability or failure to use LAWCLECENTER.COM properly or completely, even if assisted by ARKFELD PROFESSIONAL EDUCATION, LLC, or any decision made or action taken by User in reliance upon ARKFELD PROFESSIONAL EDUCATION, LLC delivered information and services; or

10.1.2 Any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to user's rights under this agreement or use of, or inability to use LAWCLECENTER.COM even if ARKFELD PROFESSIONAL EDUCATION, LLC has been advised of the possibility of such damages. ARKFELD PROFESSIONAL EDUCATION, LLC shall have no liability whatsoever to user for any claim relating to any way to any third party content or feature.

10.2 No claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.

11.0 Termination or Restriction of Access

ARKFELD PROFESSIONAL EDUCATION, LLC reserves the right, in its sole discretion, to terminate your access to any or all of ARKFELD PROFESSIONAL EDUCATION, LLC's websites and the related services or any portion thereof at any time, without notice and for any reason.

12.0 Indemnity

You will indemnify and hold ARKFELD PROFESSIONAL EDUCATION, LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

13.0 Trademarks and Copyrights or other Intellectual Property Rights

13.1 Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of ARKFELD PROFESSIONAL EDUCATION, LLC or the party that provided the trademarks, services marks, logos, and copyrighted works to ARKFELD PROFESSIONAL EDUCATION, LLC. ARKFELD PROFESSIONAL EDUCATION, LLC and any party that provided trademarks, service marks, logos, and copyrighted works to ARKFELD PROFESSIONAL EDUCATION, LLC retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. Nothing in this agreement shall be construed to confer a license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. User acknowledges that ARKFELD PROFESSIONAL EDUCATION, LLC is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.

13.2 Information about the contents of LAWCLECENTER.COM website is available at:
LAWCLECENTER.COM (www.LAWCLECENTER.com).

13.3 Upon notice of alleged copyright infringement, ARKFELD PROFESSIONAL EDUCATION, LLC will remove or block access to the material, provide notice to the User who posted the material and proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C.A. § 512). ARKFELD PROFESSIONAL EDUCATION, LLC may block access to areas of its site to repeat infringers. All notices of alleged copyright infringement through LAWCLECENTER.COM should be sent to:

Arkfeld Professional Education, LLC
Atten: Michael Arkfeld
Copyright
9602 North 35th Place
Phoenix
AZ
Fax: (866) 617-0736

14.0 Security

14.1 Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). ARKFELD PROFESSIONAL EDUCATION, LLC will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that ARKFELD PROFESSIONAL EDUCATION, LLC considers insecure, ARKFELD PROFESSIONAL EDUCATION, LLC will be entitled to require the password to be changed and/or terminate your account.

14.2 You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ARKFELD PROFESSIONAL EDUCATION, LLC reserves the right to release details of this to system administrators at other sites in order to assist them in resolving security incidents.

14.3 ARKFELD PROFESSIONAL EDUCATION, LLC reserves the right to investigate suspected violations of these Terms of Use. ARKFELD PROFESSIONAL EDUCATION, LLC also reserves the right to fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing ARKFELD PROFESSIONAL EDUCATION, LLC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. For this purpose, you acknowledge, consent and agree that ARKFELD PROFESSIONAL EDUCATION, LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms Of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ARKFELD PROFESSIONAL EDUCATION, LLC, its users and the public.

14.4 BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ARKFELD PROFESSIONAL EDUCATION, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ARKFELD PROFESSIONAL EDUCATION, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ARKFELD PROFESSIONAL EDUCATION, LLC OR LAW ENFORCEMENT AUTHORITIES.

15.0 Miscellaneous

15.1 These Terms of Use will be governed and interpreted in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions. You agree that any claim or dispute you might have against ARKFELD PROFESSIONAL EDUCATION, LLC must be resolved by a court located in Maricopa County, Arizona, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.

15.2 If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

15.3 You agree that no joint venture, partnership, employment, or agency relationship exists between you and ARKFELD PROFESSIONAL EDUCATION, LLC as a result of this agreement or use of ARKFELD PROFESSIONAL EDUCATION, LLC websites.

15.4 These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and ARKFELD PROFESSIONAL EDUCATION, LLC with respect to ARKFELD PROFESSIONAL EDUCATION, LLC websites.

15.5 A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15.6 Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

15.7 ARKFELD PROFESSIONAL EDUCATION, LLC may revise these Terms of Use at any time by updating this posting.

15.8 Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by User without ARKFELD PROFESSIONAL EDUCATION, LLC's prior written consent. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.

Dated: July 14, 2011