myStateBar STATE BAR OF WISCONSIN
ON-DEMAND EDUCATION
TERMS OF USE
On-demand education is a streaming audio/video recording of a past seminar and accompanying written materials (collectively “Materials”).
ACCEPTANCE OF TERMS OF USE
By purchasing and using the Materials provided on this site, you signify your agreement to all terms, conditions, policies and notices contained or referenced in this Agreement. If you do not agree with any provision of this Agreement, do not purchase the Materials.
NO LEGAL ADVICE RENDERED
The State Bar of Wisconsin does not render any legal, accounting or other professional services by providing the Materials. The attorneys who appear in or drafted the Materials are not creating an attorney-client relationship by providing the Materials.
NON-ATTORNEY PURCHASERS
Non-attorneys should consult a licensed attorney for any legal problems. The State Bar of Wisconsin does not provide legal advice. The Materials are not a substitute for the advice of an attorney.
Non-attorneys are reminded that only licensed attorneys may represent others in legal matters. By providing the Materials, the State Bar of Wisconsin does not endorse or encourage their use by non-attorneys nor should they be used by non-attorneys on behalf of third parties. This admonition is not meant to restrict the use of these materials on behalf of third parties by non-attorneys working directly under the supervision of an attorney representing that third party.
INTELLECTUAL PROPERTY
The Website, Wisbar.org, and any related websites (collectively “Sites”), as well as the Materials and all other products available thereon, are copyrighted by the State Bar of Wisconsin or by other companies providing content or products sold through the sites. Reproduction, in whole, or in part, of the Sites, the Materials, or other products available thereon is strictly prohibited, except as expressly licensed in this agreement. The Materials and other products available on the Sites may not be transferred, sold, assigned or redistributed to other persons. Any copyright notices appearing on the Materials may not be removed or altered. The Materials and other products available on the Sites may not be republished or translated, nor may they be used to make any derivative work for any third party (as that term is defined under the Federal Copyright Act, 17 U.S.C. § 101, et seq.).
Purchasers are granted a nonexclusive license to view the Materials an unlimited number of times during the 90 days immediately following each purchase. Purchasers are granted a nonexclusive license to download and print the written materials and to reproduce and adapt the written materials only on behalf of themselves, or, for purchasers who are attorneys, on behalf of their clients.
The Materials must be used only in accordance with this Agreement regardless of whether they are protected under federal copyright laws.
ASSIGNMENT OF RIGHTS
Except with the prior written consent of State Bar of Wisconsin, the purchaser may not assign, delegate, pledge, or otherwise transfer the license to view the Materials or any other rights or obligations under this Agreement to any third party.
MODIFICATION OF TERMS AND CONDITIONS
The State Bar of Wisconsin reserves the right to modify these terms and conditions at any time, without prior notice.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Wisconsin; by entering into this Agreement the purchaser hereby consents to the personal jurisdiction of such courts for the purpose of litigating any such action.
SEVERABILITY
If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions will remain in effect.
Disclaimer of Warranties and Liabilities
THE MATERIALS ARE PROVIDED WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO THEIR LEGAL EFFECT OR COMPLETENENSS. Due to the rapidly changing nature of the law, information contained in the Materials may be outdated. As a result, an attorney using the Materials must always research original sources of authority and update the Materials to ensure accuracy when dealing with a specific client’s legal matters. Purchasers assume the entire risk of using the Materials.
THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
EACH PURCHASER AND USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS. THE STATE BAR OF WISCONSIN AND ITS AGENTS, OFFICERS, AND AFFILIATES DISCLAIM ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THE SITES. THE STATE BAR OF WISCONSIN WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS, OR THE INABILITY TO USE SUCH MATERIALS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OF NOT THE STATE BAR OF WISCONSIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EACH PURCHASER AGREES TO INDEMNIFY AND HOLD HARMLESS THE STATE BAR OF WISCONSIN FROM ANY THIRD-PARTY CLAIM, ACTION, DEMAND, LOSS, OR DAMAGES (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF OR RELATING TO PURCHASER'S VIOLATION OF THIS AGREEMENT, USE OF THE MATERIALS, OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE STATE BAR OF WISCONSIN, FOR ANY TYPE OF DAMAGES, SHALL BE LIMITED TO THE TOTAL SUBSCRIPTION FEES PAID BY THE USER MAKING THE CLAIM, WITHIN THE IMMEDIATELY PRECEDING 12-MONTH PERIOD. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
