All content, including, but not limited to, text, graphics, photographs, trademarks, logos, sounds, music, and computer code (that content, the “Content”) arranged to create the design, structure, coordination, expression, appearance and feel of the Site is owned, controlled or licensed by or to TOA, and is protected by United States and international patent, copyright, trademark and trade secret laws of general applicability.
The above notwithstanding, you may use information purposefully made available by TOA for download from the Site provided that you: (1) not remove any proprietary notice language in all copies of such documents (2) use such information only for your personal, noncommercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media (3) make no modifications to any such information (4) make no additional representations or warranties relating to such documents.
License and Site Access
Third Party Links
Links to other websites are provided for the convenience and information of visitors to the Site. Clicking on these links will navigate you to another website. The inclusion of links on the Site does not represent, unless specifically noted in the link, an endorsement, authorization, sponsorship, or affiliation with the linked website. Unless otherwise indicated, any sites linked to from the Site are not under the control of TOA. TOA is not responsible for the content or presentation of any linked site. TOA makes no representation regarding the accuracy or completeness of the information contained in any linked sites.
Links to Josh’s Blog, Podcast or Newsletter will take you to the Legal to English Website. Legal to English is not associated with TOA. Any communication with Josh through Legal to English is not considered to be communication with an attorney. No attorney client relationship may be created through Legal to English.
Sites that are included in the above links are those of various social media sites, such as Facebook, LinkedIn, and Twitter. These links are provided for the purpose of helping site visitors learn more about TOA and its representatives.
Blog and Social Media Sites
All editorial comments published through the Site reflect the personal opinions of the author and not necessarily the opinion of TOA.
At times, TOA or the authors of the blog may post reviews related to certain products. The author of a given entry related to reviews or other product information will give an indication if they or TOA was compensated for the review. The above notwithstanding, it is TOA’s policy only to endorse products it or it’s authors would endorse with or without compensation.
For blog entries, you are granted limited rights to copy, distribute, transmit or even adapt the entries from TOA as long as you provide a link to the original work and give credit to TOA and the original author.
For social media commentary, you are granted limited rights to copy, distribute, transmit or even adapt the entries from TOA as long as you provide a link to the original work and give credit to TOA and the original author.
User Generated Content/Comment Policy
Users may generate content on the Site or on Social Media Sites, such as in comments, as long as the content is not illegal, obscene, threatening, defamatory, does not invade the privacy or infringe on the intellectual property rights of others, injure third parties or contain objectionable material and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead the public as to the source of such content. TOA reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content.
User’s Representations and Warranties
By using the Site, you represent and warrant that:
• You are of legal age and sufficient authority to enter a binding agreement.
• All personal data supplied will be complete and accurate to the best of your ability. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• You will not transmit any content that is unlawful, defamatory, obscene, pornographic, trade libelous, threatening, harassing, tortious, invasive of another’s privacy, hateful, or racially, ethnically, religiously or otherwise objectionable.
Intellectual Property Infringement
It is TOA’s policy to respond to claims of intellectual property infringement. TOA will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. As required by the DMCA, notifications of claimed copyright infringement should be sent to TOA’s designated agent (the “Designated Agent”). Below is the information for Designated Agent for the Site:
The Outsourced Associate, LLC
Attn: Josh Andrews
PO Box 381722
Birmingham, Alabama 35238
Any written communication under this section should include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Products or Services Offered on the Site
TOA may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The information on the Site regarding products and services may be out of date, and TOA is not obligated to update such information on the Site.
TOA MAKES NO CLAIM THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TOA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES TO WHICH YOU MAY NAVIGATE FROM THE SITE. YOUR SOLE REMEDY AGAINST TOA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the Site, whether for breach of contract, tort, negligence or any other cause of action.
TOA reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
TOA is not liable to you, except where prohibited by law, for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if TOA has been advised of the possibility of such damages.
You agree to indemnify and hold TOA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against TOA by any third party due to or arising out of or in connection with your use of the Site.
TOA may disclose any information about you (including your identity) if it determines such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (intentional or not) TOA’s rights or property, or the rights or property of visitors to or users of the Site, including TOA’s customers. Some violations may include:
◦ Using the Site without the requisite ability or authority to ratify legally binding contracts, or while temporarily or indefinitely suspended from the Site;
◦ Circumventing or manipulating the billing process, or any fees owed to TOA;
◦ Distributing or posting spam, chain letters, or pyramid schemes;
◦ Distributing viruses or any other technologies that may harm TOA or the interests or property of TOA customers;
◦ Copying, modifying, republishing or distributing content from the Site or TOA’s copyrights and trademarks;
◦ Impersonating another person or otherwise misrepresenting your affiliation with another person or entity
◦ Conducting fraud, hiding or attempting to hide your identity
◦ Providing inaccurate contact information
◦ Harvesting or otherwise collecting information about users, including email addresses, without their consent;
◦ Transmitting to TOA or any user any information or materials of any kind that (1) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party (2) are libelous, defamatory, obscene, pornographic, abusive (3) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
TOA reserves the right at all times to disclose any information it deems necessary to comply with applicable law, regulation, legal process or governmental request. TOA may also disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that TOA may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to: (1) requests by law enforcement or other government agencies (2) a request by you (3) discontinuance or material modification of the Site or any service offered on or through the Site or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
TOA administers and operates the Site from its location in Alabama, USA. Although the Site is accessible worldwide, it is intended for use within the United States. If you choose to access the Site from outside the United States, you are responsible for complying with applicable local laws.
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, but not limited to, United States export laws and regulations.
Feedback and Information
Any feedback you provide regarding the Site is not considered confidential. TOA is free to use such information without restriction.
The information contained in this Site is subject to change without notice.
© 2008-2013 The Outsourced Associate, LLC All rights reserved.
The Outsourced Associate, LLC
PO Box 381722
Birmingham, Alabama 35238
Updated by TOA’s General Counsel on April 16, 2013.