Welcome to our website. Modern CLE, LLC (“Modern CLE”) maintains this website, www.moderncle.com (“Website”) and related services (“Services”) as a benefit to its visitors (“Users”), who are each bound by these Terms of Use, as well as Modern CLE’s Privacy Policy. By using this Website, you agree that you have read, understood, and agree to comply with and be bound by these Terms of Use (“Agreement”). As such, please review the following terms carefully.

1. Copyright, Trademark, and Intellectual Property

“Modern CLE,” the Modern CLE logo, and other marks, page headers, scripts, logos, and button icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Modern CLE and may not be used, copied, or imitated without the prior written consent of Modern CLE.

All content—including, without limitation, any articles, images, photos, computer source code, object code, html code or other code, video and audio and streaming files, navigation schemes, and layout comprising this Website—is owned by or licensed to Modern CLE. The copyright in and to this Website and all content is owned by Modern CLE. Modern CLE retains and reserves all rights in and to this Website and all content. The reproduction, distribution, transmission, display, or use of this Website and any content is prohibited without the prior written consent of Modern CLE.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Modern CLE.

2. Restrictions

You are granted a nonexclusive, nontransferable, revocable, limited license to access and use our Website in accordance with this Agreement, for your personal, non-commercial use only. As a condition of your use of our Services, you warrant to us that you will not use our Services for any purpose prohibited by these terms, conditions, and notices, and will do none of the following:

  • use this Website in any way that is or may be damaging to this Website;

  • use this Website in any way that impacts access to this Website;

  • use this Website contrary to applicable laws and regulations, a way that violates the intellectual property rights of another, or in any way that may cause harm to the Website, or to any person or business entity;

  • engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;

  • attempt to gain access to secured portions of the Website to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website

Certain areas of this Website may be restricted from your access, and Modern CLE may further restrict access by you to any areas of this Website, at any time, in absolute discretion.

You agree to cooperate with us in causing any of the prohibited activities set forth in this section to immediately cease.

3. Editing, Deleting, and Modification

Modern CLE reserves the right in its sole discretion to edit, delete, modify, suspend, or discontinue any content, feature, aspect, product, or service comprising, or available through, this Website at any time. Modern CLE may alter the availability of any feature of this Website or Service at any time.

4. Links to Other Websites

The Website may contain links to other websites, including those of our advertisers. We are not responsible for the content, accuracy, or opinions expressed in such sites and such sites are not investigated, monitored, or checked for accuracy or completeness by Modern CLE. Inclusion of any linked site does not imply approval or endorsement of the linked site by Modern CLE. If you decide to leave the Website or access these third-party sites, you do so at your own risk, and should review that site’s own policies.

5. Indemnification

You agree to defend, indemnify, and hold harmless Modern CLE, its independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses—including, but not limited to, reasonable attorneys’ fees, and including, without limitation, any actual or threatened suit, demand or claim made against Modern CLE or its independent contractors, service providers, employees, directors, agents, or consultants—which may arise out of or are in any way connected with your access, visitation or use of the Services, unauthorized use of content obtained on or through the Website, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Services.

6. Disclaimers, Liability Limits

Except as expressly provided to the contrary in a writing by Modern CLE, the Website, the materials contained therein, and the Services are provided on an ‘as is’ basis without warranties of any kind, either express or implied. Modern CLE disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and as to accuracy or reliability of the information, content, forms, or other website materials accessed through the Website. Modern CLE does not represent or warrant that the Website, the Website materials, or the Services are accurate, complete, reliable, current, or error-free.

Modern CLE is not responsible for typographical errors or omissions, including those relating to pricing, text, or photography. While Modern CLE attempts to make your access and use of the Website and Services safe, Modern CLE cannot and does not represent or warrant that the Website, the Website materials, or the server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.

Modern CLE reserves the right to change any and all content contained in the Website and any Services offered through the Website at any time without notice. The Website may need updating from time to time. These updates may temporarily disrupt use of our Website and are designed to improve, enhance, and further develop our Services and may take the form of bug fixes, enhanced functions, new service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.

In no event shall Modern CLE or our employees, agents, or volunteers be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort—including but not limited to negligence—or otherwise, arising out of or in any way connected with the use of or inability to use the Website, the Services, the content, or the Website materials contained in or accessed through the Website, including, without limitation, any damages caused by or resulting from reliance by user on any information obtained from Modern CLE, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Modern CLE’s records, programs, or services. In no event shall the aggregate liability of Modern CLE, whether in contract, warranty, tort—including negligence, whether active, passive, or imputed—product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Website or the Website materials exceed any compensation you pay, if any, to Modern CLE for access to or use of the Website.

Some jurisdictions do not allow limitations on implied warranties and exclusion of certain damages so the above limitations may not apply to you.

7. Use of Information

Modern CLE reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy. To know what privacy measures Modern CLE has taken and what information we retain from your visit to this Website, please read our Website Privacy Policy, which is incorporated herein by reference.

8. Digital Millennium Copyright Act

Modern CLE, pursuant to the Digital Millennium Copyright Act, designates ­its Editor to receive complaints and notices of suspected copyright infringement.  If you believe that your work has been copied and is accessible on this Website in a way that constitutes infringement, you may notify Modern CLE by providing the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  3. Identification of the URL or other specific location on this Website where the material that you claim is infringing is located;

  4. Your address, telephone number, and e-mail address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Modern CLE’s Editor can be reached via e-mail at editor@moderncle.com. Modern CLE may terminate the account and access rights of any repeat infringer of intellectual property rights.

Any individual who feels a DMCA notice has been improperly submitted may submit a Counter-Notice, pursuant to Sections 512(g) of the Digital Millennium Copyright Act.

9. Change of Terms

These Terms of Use supersede any prior and contemporaneous agreements, representations, warranties, and understandings with respect to the Website or the content provided by or through the Website and the subject matter thereof. By using this Website, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. (Please see the Modern CLE homepage for announcements regarding modifications to these terms.) If you do not agree to Modern CLE’s Terms of Use, do not use this Website.

10. Venue and Jurisdiction

Claims relating to this Website, to the use of this Website, and to the information, content, material, and services available through this Website are governed by the laws of the United States of America and the State of Ohio, as applicable. You hereby unconditionally, voluntarily, and irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Ohio, Eastern Division, and the Court of Common Pleas of Cuyahoga County, Ohio in any claim or dispute concerning, relating to, or arising from this Website and any information received from or through this Website. You agree not to plead forum non conveniens in any such action and you consent to service of process.

The Website is controlled and offered by Modern CLE from the United States of America. Modern CLE makes no representations that the Website is appropriate or available for use in other locations. Users who access or use the Website from other jurisdictions do so at their own risk and must at all times comply with local law, including but not limited to the export and import regulations of other countries.

11. General Provisions

If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of this Agreement. The section headings are for reference and the convenience of the readers and shall not constitute part of this Agreement for interpretation purposes. This Agreement—and the other Modern CLE agreements referenced above—constitutes the entire and only agreement between you and Modern CLE and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the subject matter hereof. The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. You agree that all notices, disclosures, and other communications that Modern CLE provides to you electronically, including by e-mail, satisfy any legal requirement that such communications be in writing.

Acceptance

I understand that by using this Website, I am subject to the terms and conditions set forth herein and I accept and agree to be bound by all such terms and conditions.

If you do not agree to the terms and conditions herein, you may not use this Website.