Terms of Use

TERMS OF USE AND PRIVACY POLICY

 

Thank you for visiting the Business Law Corps (“BLC”) Website and reviewing our Terms of Use Policy.

This Website (together with any successor site(s) and all Services (as defined below), the “Website”) is operated by BLC (“we,” “us”). Your use of the Site is governed by these Terms of Use, regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise).

By visiting this Website, you are accepting the policies and practices described in this Notice. This Notice covers the following topics:

 

  • Limitation of Liability
  • Referrals and Links to Other Websites
  • Donations
  • Personal Information and Choice
  • A Special Note about Children
  • Security
  • Rules of Conduct
  • Ownership
  • Claims of Copyright Infringement
  • Indemnity
  • Termination
  • Governing Law
  • Arbitration
  • Contact Us
  • Miscellaneous
  • Privacy Policy

Please note that this Terms of Use Policy is subject to change without notice, and that it reflects BLC’s current business practices. This Terms of Use policy is dated April 1, 2012.

 

LIMITATION OF LIABILITY
BLC makes every effort to ensure that information regarding the legal rights contained on this website is accurate and up to date. However, laws and legal procedures are subject to frequent change and differing interpretations. BLC cannot ensure the information in this website is current nor be responsible for any use to which it is put. Do not rely solely on this information without consulting an attorney or the appropriate agency about your rights in your particular situation.

BLC makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this website or its hyperlinks to other Internet resources. Reference in this website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by BLC, or its employees or agents.

Any content errors or omissions on this website should be reported for investigation.

 

REFERRALS AND LINKS TO OTHER WEBSITES
Regarding the names provided of any agencies, private attorneys, and private law firms on any of our resource pages, BLC is not in any way making a representation as to the quality of work of any agency or attorney listed.

Descriptions and images of, and references to, third-party resources or services appearing on the Website (“Resources”) do not imply our endorsement of such Resources. All descriptions, images, references, features, content, specifications, products and prices described or depicted on this Site, are subject to change at any time without notice. References to any Resources on this Website at a particular time do not imply or warrant that these Resources will be available at any time.

The Website may provide links to other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Website with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.

 

DONATIONS

If you wish to make a donation or contribution through the Website (a “Donation”), please note that we may use one or more third-party payment services (each, a “Payment Service”) to collect such Donations. If you wish to make a Donation, you may be directed to a web page hosted by the applicable Payment Service (or such Payment Service’s service providers) and not by us (the “Payment Service Page”). Your use of the Payment Service Page will be subject to Payment Service’s user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that we are not, and will not be, responsible or liable for Payment Service’s services, its site or any acts or omissions of Payment Service. We note that we reserve the right to discontinue or change any third-party payment service used in connection with this Site.

 

PERSONAL INFORMATION AND CHOICE
“Personal information” is information about a natural person that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history, readily identifiable to that specific individual. A domain name or Internet Protocol address is not considered personal information, however, it is considered “electronically collected personal information.”

According to Government Code S11015.5., “electronically collected personal information” means any information that is maintained by an agency that identifies or describes an individual user, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to an agency by a user, whether electronically or in written form, and information on or relating to individuals who are users, serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business.

“Electronically collected personal information” that we automatically collect includes your domain name or Internet Protocol address, and statistical information about which web pages you visit. If you voluntarily participate in an activity that asks for specific information (i.e., completing a form, personalizing the content of the website, sending an email, or participating in a survey) more detailed data will be collected. If you choose not to participate in these activities, your choice will in no way affect your ability to use any other feature of the website.

If any type of personal information is requested on the website or volunteered by the user, State law, including the Information Practices Act of 1977, Government Code Section 11015.5., and the federal Privacy Act of 1974 may protect it. However, this information may be a public record once you provide it, and may be subject to public inspection and copying if not otherwise protected by federal or State law.

Under Government Code S11015.5., if you choose, you may have any personal information collected about you discarded without reuse or distribution, provided we are contacted in a timely fashion.

 

A SPECIAL NOTE ABOUT CHILDREN
Children are not eligible to use services that require submission of personal information, and we require that minors (under the age of 18) do not submit any personal information to us. This includes submitting personal information to BLC in email or on a form. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.

If BLC decides to begin collecting personal information from children, it will notify parents that it is being requested, disclose the reasons for collecting it, and disclose our intended use of it. BLC will seek parental consent before collecting any personally identifiable information. If it does collect it, parents may request information on the type of data being collected, view their child’s information, and, if they choose, prohibit BLC from making further use of their child’s information. BLC will not provide personal information about children to third parties.

 

SECURITY
BLC, as developer and manager of this website, has taken several steps to safeguard the integrity of its telecommunications and computing infrastructure, including but not limited to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation, and day-to-day practices of this website. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via BLC’s website.

This website is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this website expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.

 

RULES OF CONDUCT

If you use the Website, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. We may terminate your use of the Webite for any conduct that we consider to be inappropriate. You agree that you will not:

  • Post, transmit, or make available through or in connection with the Website:
    •  Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
    • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
    • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
    •  Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
    •  Any personal information about or pertaining to any third party without such party’s prior written consent.
    •  Any material, non-public information about a company without the proper authorization to do so.
    •  Use the Website for any fraudulent or unlawful purpose.
    • Use the Website to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
    •  Impersonate any person or entity; lie about your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
    • Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
    •  Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
    • Use the Website to advertise or offer to sell or buy any goods or services without our express prior written consent.
    • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
    • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
    •  Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
    •  Frame or mirror any part of the Website without our express prior written consent.
    • Create a database by systematically downloading and storing Website content.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Operators of public search engines are allowed use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

 

Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

OWNERSHIP
In general, information presented on this website, unless otherwise indicated, is considered in the public domain. It may be distributed or copied as permitted by law. However, BLC does make use of copyrighted data (e.g., photographs) which may require additional permissions prior to your use. In order to use any information on this website not owned or created by BLC, you must seek permission directly from the owning (or holding) sources. BLC shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site except those submissions made under separate legal contract. BLC shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.

 

CLAIMS OF COPYRIGHT INFRINGEMENT.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Gregory Kim
Business Law Corps

P.O. Box 4214
Honolulu, Hawaii 96801
T: T 866.278.8750
E: info@businesslawcorps.org

We suggest that you consult your legal advisor before filing a notice or counter-notice.

 

INDEMNITY

You agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.

TERMINATION

This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Website. If we terminate your access to the Website, you will not have the right to bring claims against us with respect to such termination. We shall not be liable for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site). Sections 2, 3, 5, 7-11, and 13-22 shall survive any expiration or termination of this Agreement.

GOVERNING LAW

This Agreement is governed by and shall be construed in accordance with the laws of the State of Hawaii, U.S.A., without regard to its principles of conflicts of law.

We do not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

ARBITRATION

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to this Agreement shall be settled by a single arbitrator in an arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration Rules”), as modified by this Agreement. The Arbitration Rules are available online athttp://www.adr.org/sp.asp?id=22440. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the county of Honolulu in the State of Hawaii. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude us from seeking any injunctive relief in U.S. state or federal courts for protection of rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in the county of Honolulu in the State of Hawaii, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

CONTACT US

If you have any questions regarding the meaning of application of this Agreement, please direct such questions to info@businesslawcorps.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

MISCELLANEOUS

This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that 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. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

 

 

PRIVACY POLICY

BLC is concerned about online privacy and we want you to understand how we collect, use and disclose your personal information through our Website. This Privacy Policy does not address our practices regarding information that we collect through any website, or by any other means, other than through the Website. By using the Website, you agree to this Privacy Policy.

 

What Types of Information Do We Collect From You?

We gather two basic types of information through the Website: “Personally Identifiable Information” (or “PII”) and “Non-Personally Identifiable Information” (or “Non-PII”).

Personally Identifiable Information identifies a person as an individual. You do not have to provide PII to use the Website, but we may ask that you do so in order to provide you with certain Website functionality and to further assist you once you reach out to us. The information we ask for may include your name, postal address, telephone number and e-mail address.

Non-Personally Identifiable Information does not personally identify you. Non-PII may include your MAC address, your computer type, screen resolution, OS version, Internet browser, cookies, pixel tags, web beacons and other similar technologies to better serve you with more tailored information and facilitate your ongoing use of the Website. (If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/.) Non-PII may also include your Internet Protocol (IP) address, which is a number that is automatically assigned to your computer by your Internet Service Provider (ISP), and which is logged automatically in our server log files whenever you visit the Website, along with the time of your visit and the pages that you visited. Additionally, Non-PII may include demographic data (such as your location), aggregate data, or other data that has been de-identified such that it no longer identifies a particular individual.

How Do We Collect Information?
BLC does not use a third-party data collection service when you are asked to enter information through the Website.

The BLC may use one or more third-party payment services (each, a “Payment Service”) to collect donations or contributions made through the Site (each such donation or contribution, a “Donation”). If you wish to make a Donation through the Site, you may be directed to a web page hosted by the applicable Payment Service or Payment Service’s service providers and not by us (the “Payment Service Page”). Your use of the Payment Service Page will be subject to Payment Service’s user agreement and privacy policy, not this Privacy Policy. You acknowledge and agree that we are not, and will not be, responsible or liable for any Payment Service’s services, its site or any acts or omissions of such Payment Service. We note that we reserve the right to discontinue or change any third-party payment service used in connection with this Site. We have no control over a Payment Service’s use of information collected through the Payment Service Page. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH THE PAYMENT SERVICE PAGE OR THE PRIVACY OR INFORMATION PRACTICES OF PAYMENT SERVICE.

How Do We Use the Information That We Collect?
Personally Identifiable Information. We may use PII:

  • To fulfill your requests, such as to send newsletters to you.
  • To send to you important information about the Website, or changes to our terms, conditions, and policies. Because this information may be important to your use of the Website, you may not opt-out of receiving these communications.
  • Tto tell you about products, programs, services, opportunities and promotions that we believe may be of interest to you. 
  • For internal business purposes, such as data analysis, audits, improving Website functionality and identifying usage trends. 

Non-Personally Identifiable Information. Non-PII does not personally identify you. Accordingly, we may use this information and share it with third parties for any purpose. We may combine Non-PII with PII, such as combining your geographic location with your name, but if we do this the information will be treated by us as PII for so long as it is combined. We may aggregate PII such that the end-product does not personally identify you or any other user of the Site.

Legal Requirements. We may use PII and Non-PII for any purpose required or permitted by the law of any country.

How Do We Disclose Information?
We may disclose PII as follows:

  • Third parties who provide services to us, so that they can provide the services, such as data analysis, infrastructure provision, IT services, e-mail delivery services and other similar services.
  • To a third party if we reorganize, merge, sell, assign, transfer or dispose of all or any part of our business, assets or stock.
  • To comply with legal process, to respond to requests from governmental and/or public authorities of any country in which we operate, to enforce our terms and conditions, to protect our operations, to protect your and our rights, privacy, safety or property, and to enable us to pursue available remedies or limit the damages that we may sustain.

As noted above, because Non-PII does not personally identify you, we reserve the right to share such Non-PII with third parties, for any purpose.

Security

We seek to use reasonable measures to protect PII under our control; however, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send to us any sensitive information via e-mail. If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at the contact address given below. If you choose to notify us by physical mail this will delay the time it takes for us to respond to the problem.

Opt-Out

If you change your mind, and no longer wish to receive electronic newsletters and other informational e-mails from us (except for administrative e-mails from which you may not opt-out), you may opt-out of receiving these e-mails by following the “unsubscribe” instructions contained in the most recent such message that you have received from us. We will endeavor to comply with your request as soon as reasonably practicable. If you do opt-out, we will not be able to remove your PII from the databases of third parties with which we have already shared your PII.

Updating PII

If you would like to update PII about you that has been previously provided to us through the Website, you may do so by notifying us at info@businesslawcorps.org. We will endeavor to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed. We are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared PII about you.

Note Regarding the Use of the Site by Children

The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide PII through the Website.

Updates to this Privacy Policy

We may update this Privacy Policy from time to time – you can see when it was last updated by referring to the “LAST UPDATED” legend at the top of this page. Any updates are effective when the updated Privacy Policy is posted on the Website. You may wish to review the Privacy Policy from time to time to see any updates to the way in which we use your personal information. By using the Site after the Privacy Policy has been updated, you agree to the terms of the Updated Privacy Policy.