01
TLJ No. 01 · Summer 2023
Effective Date: 2/18/2025
This User Agreement (the “Agreement”) constitutes a legally binding agreement between you and CloudLex, Inc (“TLJ,” “we,” or “our”). TLJ is the owner of “The Trial Lawyer’s Journal”, inclusive of the website located at https://www.triallawyersjournal.com (the “Site”). This Agreement outlines the terms and conditions governing your use of the Site and any related services, events, or products (collectively with the Site, the “Service”). By accessing or using the Service, in whole or in part, you agree to comply with this Agreement. If you do not agree to be bound by the terms of this Agreement, please do not use the Service.
Modification of the Agreement and Policies
TLJ reserves the right, at its sole discretion, to amend, modify, or update this Agreement, or any related policies (collectively, the “Terms”) at any time without prior notice. Any such changes will be posted on the Site and will include the effective date of the updated version. Unless otherwise specified, changes will take effect immediately upon their posting on the Site.
Although TLJ may notify you of changes via email or other forms of communication, such notifications are not guaranteed, and you agree that your continued use of any portion of the Service following the posting of an updated version of the Terms constitutes your acknowledgment and acceptance of those changes. It is your responsibility to regularly review the Terms and ensure your account information, including your email address, is up to date in your account. TLJ assumes no liability for your failure to receive or review any notification regarding changes.
You acknowledge and agree that TLJ is not obligated to send you individualized notifications of modifications to the Terms. Any email notifications that are sent, whether on one occasion or multiple occasions, shall not create an ongoing obligation for TLJ to notify you of future changes in the same manner.
Additionally, TLJ reserves the right to modify, suspend, or discontinue any aspect of any membership(s) offered through the Services, including features, services, or benefits offered, at our discretion and without prior notice. Any such changes will not entitle members to refunds or other compensation unless explicitly stated otherwise in this Agreement or other relevant policies.
No waiver of any provision of this Agreement or any related policy by TLJ will be effective unless it is provided in a written document explicitly signed by an authorized representative of TLJ.
Membership
In order to access and use most of the Services available to the public, you will need to register and create an account (“Account”), and, via registration, you will be required to identify yourself by providing information required through the registration process, including providing a valid email address and, phone number capable of receiving SMS text messages, and you will be required to select a password. If you are registering an Account for an organization, you agree that you have authority to (i) register the Account for the organization stated in the registration application and (ii) bind such organization to these Terms (such Account being an “Enterprise Account” and all references to “you” in these Terms shall be references to the applicable organization (the “Organization”)).
If an Enterprise Account is registered, the Organization may permit its employees and other individual authorized to provide services on behalf of the Organization (each an “Authorized Representative”) to use the Services on behalf of the Organization; provided, however, the Organization agrees to be responsible for all actions taken by its Authorized Representatives and ensure each Authorized Representative agrees to these Terms as if each Authorized Representative was the Organization.
You agree to provide accurate, current and complete information about the Account. TLJ reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading.
You have complete responsibility for your Account and everything that happens on your Account, including for any harm or damage cause by someone using your Account without your permission. You are solely responsible for maintaining the confidentiality of your password and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.
Your Account is personal to you and may not be transferred or assigned to any other person or entity. If your Account is registered to an individual, in the event of your death, your Account will be closed and terminated. If you get locked out of your Account for any reason, we may request information from you, as we deem necessary, to confirm that you are indeed the owner of your Account prior to unlocking your Account or allowing you to reset your password.
By providing your phone number capable of receiving text messages (your “Text Enabled Number”), you agree to receive recurring automated advertisements, commercial messages, solicitations, marketing or promotional materials, or commercial messages or other content from TLJ and any such messages shall not be considered to be unsolicited in any manner. These messages include text messages that may be sent using an automatic telephone dialing system to your Text Enabled Number. You give TLJ permission to send text messages to your Text Enable Number through your wireless phone carrier, unless and until you end permission by delivering written notice of your withdrawal of consent to TLJ by emailing us at info@trialawyersjournal.com or responding to our text with “Unsubscribe”. Consent to receive automated marketing text messages is not a condition of any purchase of Services. Message & data rates may apply.
Content and User Content
Content
All content, materials, software, and services made available through the Service, including but not limited to articles, podcasts, interviews, text, graphics, images, audio clips, video, design, code, print publications, and other intellectual property (collectively, “Content”), are owned by TLJ or its affiliates, licensors, or suppliers, excluding user-generated content submitted by authorized users of our Services (“User Content”). Users of our Services are referred to herein, individually as a “User” and collectively as “Users”.
For clarity, all trademarks, logos, trade dress, and service marks on the Site or through use of the Services are either trademarks of TLJ or its advertisers, partners, or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TLJ.
Submission of User Content
By submitting User Content to TLJ, you retain ownership of the copyright to your original work. However, you grant TLJ a perpetual, irrevocable, royalty-free, worldwide license to publish, reproduce, distribute, adapt, and create derivative works based on your submissions for any lawful purpose. This includes, but is not limited to, use in print publications, digital platforms, podcasts, videos, generative AI, other media formats, and marketing materials.
You acknowledge that the Service and all Content provided by TLJ or its licensors are the exclusive property of TLJ and that unauthorized use, reproduction, or distribution of such Content is strictly prohibited and may result in legal action. You also agree and covenant that any User Content submitted by you through use of our Service:
Is original and created by you; provided, however, if any portion of your User Content contains any third-party elements, you have secured all necessary rights and permissions for any such third-party elements.
Does not violate any intellectual property, privacy, or other legal rights.
Complies with all applicable laws and regulations.
Does not infringe on intellectual property, privacy, or publicity rights of any person or entity.
Is free from malicious software, spam, or inappropriate materials such as pornography or hate speech.
You warrant that you have not been paid or incentivized by a third party to submit any User Content. TLJ is not responsible for User Content generated by you or other Users of our Services, but reserves the right to review, edit, or remove any submissions at its discretion.
Protecting Copyrights and Intellectual Property
TLJ is committed to respecting the intellectual property rights of others and expects Users to do the same. The unauthorized use, reproduction, or distribution of any materials that infringe upon another’s intellectual property rights is strictly prohibited. This includes, but is not limited to, copyrights, patents, trademarks, trade secrets, and other proprietary rights.
Prohibited Activities
You may not:
Upload, post, transmit, or otherwise distribute any material that infringes on the intellectual property rights of any individual or entity.
Use the Service to distribute pirated software, music, videos, or other materials that violate copyright law.
Circumvent any copyright protections or digital rights management systems associated with content available on the Service.
Digital Millennium Copyright Act (DMCA) Compliance
If you believe that any content on the Service infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA). Your notification must include the following information:
Identification of the copyrighted work: Clearly describe the copyrighted work you claim has been infringed, or if multiple works are covered by one notification, provide a representative list.
Identification of the infringing material: Provide sufficient detail to enable us to locate the material on the Service, such as a URL or specific description.
Contact Information: Include your full name, address, telephone number, and email address so that we can contact you.
Statement of Good Faith: Include a statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
Accuracy Statement: Include a statement under penalty of perjury that the information provided in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Signature: Provide your physical or electronic signature to validate the notice.
DMCA notices should be sent to the Trial Lawyer’s Journal — info@trialawyersjournal.com
TLJ will respond to valid DMCA notifications in accordance with applicable laws and may remove or disable access to the allegedly infringing material. Repeat infringers may have their accounts terminated.
Counter-Notification
If you believe that content you uploaded was removed or disabled in error, you may file a counter-notification with our Copyright Agent. The counter-notification must include:
Identification of the material that was removed and the location where it appeared before removal.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in your location or, if outside the U.S., the jurisdiction of the courts where TLJ is located.
Your physical or electronic signature.
Upon receipt of a valid counter-notification, TLJ may reinstate the material unless the copyright owner files a court action against you.
Payment
You agree to pay all applicable fees and charges incurred through your use of the Service, including but not limited to subscriptions, event registrations, or product purchases. All fees are non-refundable unless otherwise explicitly stated. In certain circumstances, TLJ may offer refunds or pro-rate cancellations based on specific terms associated with your membership or subscription plan.
If you need assistance with billing, wish to cancel a subscription, or need to update your payment information, please contact TLJ Customer Service at info@trialawyersjournal.com. Users are responsible for maintaining the confidentiality of their account information and for notifying TLJ immediately of any unauthorized use.
TLJ reserves the right to modify pricing or payment terms with reasonable notice to Users. Continued use of the Service following any changes indicates your acceptance of the revised terms.
Use of the Service
The Service is provided for your personal, non-commercial use. You may download or print portions of the Content for personal reference, provided you do not remove any copyright or trademark notices. You agree to:
Use the Service only for lawful purposes and in accordance with this Agreement.
Access Content and User Content generated by others solely through authorized means provided by TLJ.
You agree not to:
Decompile, reverse engineer, or disassemble any software, services, Content, or User Content generated by others that is available through the Service.
Use the Service to engage in data mining, scraping, or similar unauthorized data collection activities.
Modify, distribute, reproduce, or publicly display Content without prior authorization.
Interfere with the operation or security of the Service.
Requests for permission to use Content beyond the scope of this Agreement should be directed to Trial Lawyer’s Journal — info@trialawyersjournal.com. TLJ may, at its sole discretion, grant or deny such requests.
General Provisions
You acknowledge that all rights to the Content on the Service are reserved and owned by TLJ or its licensors. Unauthorized use of intellectual property may result in civil or criminal penalties under applicable laws. TLJ reserves the right to take legal action against Users who violate these provisions.
Privacy Policy
TLJ’s Privacy Policy is incorporated herein for all purposes and you agree to the provisions contained therein. If any portion of these Terms conflicts with any portion of the Privacy Policy, these Terms shall govern unless applicable laws require application of the Privacy Policy in which case the will govern.
Limitation of Liability
We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, TLJ AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF TLJ OR AFFILIATES, PARTNERS, SUBSIDIARIES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, MEETING ANY SPECIFIC REQUIREMENTS, ERRORS, ACCURACY, RELIABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, NOT CONTAINED IN THESE TERMS SHALL BE DEEMED TO BE A WARRANTY BY TLJ. TLJ MAKES NO WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY THIRD PARTY SOFTWARE USED BY YOU IN CONNECTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY 3RD PARTY MODULES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TLJ AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF TLJ OR AFFILIATES, PARTNERS, SUBSIDIARIES, SUPPLIERS AND DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, GOODWILL, INTANGIBLE LOSSES REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TLJ HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) THE MAXIMUM COMPENSATORY DAMAGES (INDIVIDUALLY OR IN THE AGGREGATE) FOR ALL CLAIMS RELATING TO THE SERVICES THAT WILL BE PAYABLE TO YOU BY TLJ SHALL BE THE GREATER OF AMOUNTS PAID BY YOU FOR USE OF THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE OF THE EVENT(S) GIVING RISE TO THE LIABILITY OR $50.
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION ENTITLED (LIMITATION OF LIABILITY) (i) SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW; (ii) REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES; (iii) SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT; AND (iv) SHALL APPLY IN ANY AND ALL CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION IN THE EVENT OF ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY PROVIDED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Rights to Publish User Content and Author Likeness
By submitting any articles, interviews, or other contributions to TLJ (each a “Submission”), you grant TLJ a perpetual, irrevocable, royalty-free, worldwide license to publish, reproduce, distribute, and create derivative works based on your Submission(s) in any format or medium now known or later developed. This includes the right to use your name, likeness, and biographical information in connection with the promotion, marketing, and distribution of such Submission(s). You acknowledge and agree that TLJ may edit, adapt, or modify your Submission(s) for editorial or formatting purposes while maintaining the essence of your original work. You further confirm that you have obtained all necessary permissions for any third-party materials included in your Submission(s). This section does not restrict your ability to use your Submission(s) for personal or professional purposes, provided such use does not conflict with TLJ’s rights as outlined above.
Profile Removal and Content Retention
If you choose to cancel your membership or request the removal of your public profile from TLJ, we will take reasonable steps to remove your profile from public view within a reasonable timeframe. However, any User Content and/or Submission(s) you have contributed, including but not limited to articles, interviews, podcasts, videos and submissions, will remain a part of TLJ’s archive and may continue to be published, distributed, or displayed by TLJ in perpetuity.By submitting any content to TLJ, you agree that TLJ retains the right to use, reproduce, and distribute your contributions indefinitely, even if your profile is no longer active. This ensures the integrity and continuity of TLJ’s publication and archival records.
Annex: Celebrating Justice Podcast
If you agree to participate in or contribute to the any podcast published by TLJ, inclusive of the “Celebrating Justice” podcast (collectively, the “Podcasts”) as an interviewer, interviewee, panelists, guest or otherwise, you grant TLJ, a perpetual, irrevocable, royalty-free, worldwide license to repurpose, distribute, and reuse the Podcasts’ content, including but not limited to social media promotions, video content, and collaborations with artificial intelligence tools, or distribution and/or publication in other formats (e.g., transcriptions, vlogs, etc.). TLJ reserves the right to edit, adapt, or modify the Podcasts’ content to fit promotional or creative purposes while maintaining its original context.
This license ensures TLJ’s ability to maximize the reach and impact of the Podcasts’ while preserving the integrity of the content. Contributors acknowledge that their participation and contributions may be used across various mediums and platforms in perpetuity.
Moreover, you hereby release and discharge and agree to release and discharge, TLJ, its employees, agents, successors, licensees and assigns from any and all claims you might have in connection with TLJ’s use, display, dissemination or exploitation of any Podcast for which you participate in any manner, including, but not limited to, any claims for defamation; violation of any moral or artist rights; and/or any right of privacy or publicity. For clarification purposes only, the consent and release contained herein shall be deemed a “prior consent” for purposes of California Civil Code Section 3344.
Community Standards and Guidelines
To foster a respectful and professional community, TLJ expects all Users to adhere to the following guidelines. These standards apply to behavior and activity across all TLJ-related spaces, including but not limited to the TLJ website, events hosted by TLJ, third-party platforms such as Discord, and any other affiliated forums or channels. By using the Service or participating in TLJ-affiliated activities, you agree not to:
Harass, bully, or intimidate other Users, attendees, or participants.
Post, share, or engage in content or behavior that is racist, hateful, obscene, defamatory, or discriminatory based on race, religion, gender, sexual orientation, disability, or any other legally protected status.
Engage in abusive, threatening, or disruptive behavior towards other members of the TLJ community, whether in person or online.
Promote or distribute spam, unauthorized advertisements, or other irrelevant or inappropriate content.
upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
solicit passwords or personal identifying information for commercial or unlawful purposes from users of the Services;
promote pyramid or ponzi schemes;
upload, post, email, transmit or otherwise make available any material that contains software viruses, trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use or attempt to use another’s Account or create a false identity of any kind;
commit or cause the commitment of any “click-fraud” or other act, such as using spiders, robots, web scrapers, screen scrapers, internet macros, or other automated software programs that intentionally misrepresents advertising, page-views, or voting metrics.
TLJ reserves the right to monitor, review, and take action against any content or behavior that violates these guidelines or this Agreement. Such actions may include, but are not limited to, the removal of content, suspension or termination of accounts, or removal from events. Users found to engage in repeated or egregious violations may face permanent bans from TLJ platforms and activities.
If you encounter or witness inappropriate content or behavior, whether at a TLJ event, on third-party platforms, or within any TLJ-affiliated space, you are encouraged to report it to [Insert Contact Information]. TLJ is committed to maintaining a safe, inclusive, and professional environment for all participants.
For further inquiries or assistance, please contact Trial Lawyer’s Journal — info@trialawyersjournal.com.