Terms of Service

ELAWCLINIC – Terms and Conditions for users of the ElawClinic.com website, and its services

GENERAL TERMS & CONDITIONS FOR USE OF ELAWCLINIC.COM, ITS WEBSITE, ITS ONLINE SERVICES, AND THE MATERIALS CONTAINED WITHIN May 13, 2013

The terms and conditions listed below govern use of the online services (the “Online Services”) and materials available therein (“Materials”) provided by Elawclinic.com, a division of Trial Masters Movie Company. and its affiliated companies (collectively “TMMC”). The terms “you” and “your” in uppercase or lowercase shall mean the entity (e.g., company, corporation, partnership, sole proprietor, etc.) or government agency becoming a registered user with TMMC. Only registered users are authorized to enter, use, view and interact with ElawClinic.com’s website and its services, and hereby agree to these General Terms and Conditions by clicking “I agree.”

Use of Elawclinic.cm does not create an Attorney-Client Relationship

Users agree that use of the online services and materials contained with Elawclinic.com will not, and do not, create an attorney-client relationship with any person or persons, or any company or companies, nor any agents or agencies. Users agree that the materials contained within the online services do not constitute legal advice for any particular case or individual, and agree to hold TMMC, Elawclinic.com, and its employees, representatives, agents, and assigns free from any and all liability from any actions or inactions stemming from information contained within. TMMC, and Elawclinic are not liable for any legal actions that may result from relationships that result from users of our online services. Users are advised to seek legal representation, and sign an attorney-client retainer agreement if they wish to seek legal counsel for a specific legal issue. Elawclinic, and TMMC, its representatives, employees, agents, and assigns are not liable for any legal advice that may be provided by attorney-users of the website.

Use of Online services and Materials

ElawClinic.com encourages authorized and registered users to view our video materials, interact on the message board, and comment. All materials within the website are the sole property of Elawclinic.com, and copying, distribution, and presentation of materials without permission from TMMC is strictly prohibited. Educational legal training videos are intended to be used by lawyers as MCLE materials, to guide and encourage professional growth for California Bar-licensed attorneys. The general public may view our video materials out of interest in the law, but are not authorized to practice law unless duly licensed by the California State Bar.

Privacy Policy

This privacy policy ("Policy") applies to the Web site owned and operated by Trial Masters Movie Company ("Elawclinic.com" "we" or "us") located at www.elawclinic.com (the "Site"). The Policy is designed to tell you how we gather and use personal information (as defined below) so you can make an informed decision about using our Site. Please read this statement before using our Site or giving any personal information to us. We reserve the power to change the provisions of this privacy policy at any time, without notice. By using our Site, you represent that you are 18 years old or older and you consent to the information gathering and use practices described herein. We will notify you of these changes by posting a revised privacy policy on the Site and indicating on the privacy policy the date it was last updated. Your use of the Site After the posting of such changes or revisions shall constitute your consent to any such changes. We encourage you to review our privacy policy every time you visit our Site to determine if any changes have been made and to make sure that you understand how any personal information you provide will be used.

PERSONAL INFORMATION DEFINITION

As used herein, the term "personal information" generally means information that specifically identifies an individual (such as user's name, address, telephone number, e-mail address, home address, credit card or other account number) or that is associated with an identifiable person (such as demographic information or information about a person's activities when that information is linked to personally identifying information). Personal information does not include "aggregate" information, which is data we gather about the use of the Site or categories of Site users, from which any personal information has been removed. Personal information also does not include, and this policy does not cover, any publicly available information and public records about professionals, including without limitation information obtained from licensing authorities, associations, accrediting bodies, clubs, courts, law enforcement agencies, and websites that are available to the public.

WHAT PERSONAL INFORMATION DO WE GATHER?

Personal information may be gathered from you in many ways when you visit our Site or use the various services and activities available on our Site. At some places on our Site, we may gather certain information you voluntarily provide to us which may include personal information. For example, if you register for the Site, send us an email, contact a professional, we may collect your name, address, phone number, email address, and other personal, professional, demographic and business information that you provide. If you are a professional and claim or update your profile ("Profile"), we may also collect your credit card information, photographs and professional and business information about you, your area of practice or specialty areas and your educational background. Additionally, we may collect demographic, contact or other personal or demographic information you provide in connection with your participation in surveys, promotional offers, forums and other interactive areas of the Site.

When you visit our Site, some information is also automatically gathered through the use of log files, such as your computer's Internet Protocol (IP) address, your computer's operating system, the browser type, the address of a referring web site and all of your activity on the Site. We use this information for purposes such as improving customer service, examining trends, administering the Site, diagnosing problematic areas with our servers, tracking user movement, and collecting a broad demographic information for aggregate use. We may automatically collect certain information through the use of "cookies." Cookies are small data files that are stored on a user's hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as user preferences and history. If combined, cookies with or link them to any of the personally identifying information, we would treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or click on your browsers help tab to learn about these functions. However, if your browser is set not to accept cookies or if a user rejects a cookie, you will not be able to be able to access certain Site features or services.

We may also use third parties to serve advertisements on the Site, present certain functionalities (such as maps), or to gather, track and analyze non-personally identifiable usage and volume statistical information from users, such as the user's browser type, operating system, browsing behavior and demographic information. These third parties may collect personal information from you in connection with the services they provide and may place cookies, web beacons or other devices on your computer to collect nonpersonal data which may be used, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. We are not held responsible for, and do not control, any actions or policies of any third party service providers.

Disclosure and Usage

In general, we use personal information we collect from you through the Site to make easy your use of the Site, to process your requests or transactions, to provide you with information, products and services you demand, to administer and assist us with operating the Site and our business, and for the purpose for which the information was provided. For example, we may use the information we gather:

to send you an email contacting you about your use of the Site, such as for administrative purposes or to provide you with customer service;

to request feedback and to enable us to improve the Site.

to verify your identity when attempting to claim your Profile.

to respond to your emails if it be a complaint or comment.

for the specific purpose for which the information was given.

In addition, we may use the information we collect to send you news relevant to your profession, product and service updates, notifications of activity in your profile, and to contact you about special events, promotions or offers and for other marketing, informational, product development and promotional purposes;

We may also receive information from third parties with whom we have business relationships, and may combine this information with the other personal information we have about you. In such cases, this Policy governs our use and disclosure of such information.

WHAT PERSONAL INFORMATION DO WE SHARE WITH THIRD PARTIES?

We do not sell, share, or rent any personal information we collect from you through the Site in ways different from what is disclosed in this Policy, although we may provide aggregate information or other nonpersonal information to third parties without your authorization. We may share your personal information with third parties if you have indicated to us that you wish to receive information from such parties or if you otherwise give us your consent to do so, including if we notify you on the Site that the information you provide will be shared in a particular manner and you provide such information. In the event that we engage or partner with third party vendors, consultants or other service providers in connection with the operation of the Site and our business ("Service Providers"), we may share personal information with such Service Providers who need access to such information to carry out their work for us. For example, we may use credit card processing or verification service companies to verify credit card information. In addition, we may offer various features through a third party service provider. For example, mapping services are provided by Google Maps. When you use these services, you are providing information directly to the provider of these services, and the provision of such information is subject to such party's own privacy policy. We are not responsible for the actions of Service Providers or other third parties or for any information you provide to these parties directly, and we encourage you to become familiar with their practices before disclosing information directly to such third parties with which you come into contact.

You should also note that personal information that you post to public areas of the Site, may become publicly available. For example, information you post in your Profile or in client or patient ratings, peer endorsements, forums, blogs or any other interactive areas, or other information that is provided for the purpose of being shared may be made publicly available and can potentially be viewed by anyone. Your posting to such public areas of the Site constitutes your consent to share such information publicly.

We also may disclose personal information when we are required to or we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this privacy policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our customers' rights, property or safety; to protect our customers from fraudulent, abusive, or unlawful use of our Site; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of personal information. In addition, information about our customers, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the Company.

Please note: The Site may contain links to other sites, including websites or blogs or other interactive forums hosted by a third party. Please be aware that although we may participate in or utilize such other sites, we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy policies of any Web site that collects personally identifiable information. Similarly, if you entered this Site through another Web site, we are also not responsible for the privacy practices of that site, and you should review the privacy policy of the originating site before providing any personal information to that site. This privacy policy applies solely to information collected by us.

WHAT STEPS DO WE TAKE TO PROTECT YOUR INFORMATION ONLINE?

TMMC endeavors to secure your personal information from unauthorized access, use or disclosure by putting into place physical, electronic and managerial procedures to safeguard the information we collect through this Site. For example, when we collect credit card information, we use a secure server with Secure Socket Layer (SSL) encryption software and store such credit card information using encryption methods designed to prevent unauthorized access. Additionally, your account information is accessible online only through the use of a password. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password. Please advise us immediately by emailing us if you believe your password has been misused. You should also note that email is not secure, and you should not send any confidential or sensitive information to us via an unsecured email.

HOW CAN YOU CORRECT AND UPDATE YOUR PERSONAL INFORMATION OR OBTAIN ADDITIONAL INFORMATION

If you have any questions or comments about this Policy or the practices relating to this Site, or you wish to verify, correct or delete any personal information we have collected, please contact us, and we will endeavor to respond to your inquiry or to correct, update or remove the personal information you have provided us as you indicate to the extent possible. You can correct certain information by logging into your account and changing the information, and you may also delete certain information by closing your account. In addition, lawyers may change certain information contained in their Profile by claiming their Profile and editing the information contained therein, or by sending us an email. However, please note that in certain circumstances, we may not, or may not be able to, remove or change certain information, even in the event an account is closed. For example, we may retain certain information, such as credit card information, for a certain period of time, and we also may retain and continue to display any information you provided in connection with a lawyer Profile or a blog or other interactive forum.