Hotshot Inc. (referred to as “Hotshot”, “Company”, “we” or “us”) provides the website, videos, content and services located at www.hotshotlegal.com or through authorized third-party content providers (collectively, the “Website”), subject to your compliance with all the terms, conditions and notices contained or referenced herein (the “Policy”).
BY USING THE WEBSITE, YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.
1. ACCESSING THE WEBSITE
You are responsible for arranging access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
2. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your personal, professional training and development use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; and (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable subscription or end-user license agreement for such applications. Any subscription or end-user license agreement that you may sign shall govern your use of and access to the Website. If there is a conflict between this Policy and any subscription or end-user license agreement, the terms of the subscription or end-user license agreement shall control.
You shall not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
3. YOUR OBLIGATIONS AND REPRESENTATIONS
You shall only use the Website only for lawful purposes and in accordance with this Policy.
You represent and warrant that: (i) you are of legal age to form a binding contract with the Company; (ii) you shall not use the Website in any way that violates any applicable local or international law or regulation; (iii) you shall not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you shall not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (v) you shall not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you shall not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you shall not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you shall not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company, other than as permitted by Section 11.
4. REGISTRATION; USER NAMES AND PASSWORDS
You need to register to use the Website. You represent and warrant that all information submitted to us in connection with any such registration is complete and accurate. We may, in our sole discretion, reject any user. We may reject, or require that you change, for any reason, any user name, password or other registration information that you provide. Your user name and password are for your personal use only, may not be shared, and should be kept confidential; you (and not Hotshot) are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Website account. We are not liable for any loss or damage arising from your failure to comply with any of these obligations.
5. INTELLECTUAL PROPERTY INFRINGEMENT
We take claims of copyright, trademark, or other infringement seriously. We will respond to notices of alleged infringement where appropriate. If you believe any materials accessible on or from the Website infringe your intellectual property, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted or otherwise protected work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted or otherwise protected material is not authorized by the intellectual property owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our Copyright Agent to receive DMCA or other infringement Notices is:Hotshot Inc.
79 Madison Avenue, Second Floor
New York, NY 10016
Attn: General Counsel
If you don’t comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).
6. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is only for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information, or its applicability in your jurisdiction, or the current state of the law or new precedent. Any reliance you place on such information is strictly at your own risk. The Website may include content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third party, for the content or accuracy of materials that may be provided by any third parties.
7. WE ARE NOT PROVIDING LEGAL SERVICES
Hotshot is a provider of educational videos and related materials to inform and support its and users' practice of law, subject to their own professional expertise, judgment and responsibilities. The Website is general and educational in nature, may not reflect the current state of the law or customs in your jurisdiction, all recent legal developments and may not apply to the specific facts and circumstances of individual transactions and cases. Hotshot, its affiliates and their editorial staff are not a law firm, do not represent or advise clients in any matter and, in acting in this manner, may not be bound by the professional responsibilities and duties of a legal practitioner. Nothing on the Website or in this Policy or otherwise, if applicable, nor any receipt or use of the Website, shall be construed or relied on as advertising or soliciting to provide any legal services, creating any attorney-client relationship or providing any legal representation, advice or opinion whatsoever on behalf of Hotshot, its affiliates, their editorial staff or any law firm, lawyer or other independent contributor of any materials to the Website.
We may solicit from you, or you may provide, feedback, suggestions, and ideas on our Website, products and services. You grant us the irrevocable right to use your feedback and incorporate your suggestions into our products and services without any obligation of confidentiality or any obligation to provide attribution or compensation to you or any third party. We reserve the right to alter, modify, or incorporate in part only any idea or suggestion received.
10. LINKS FROM THE WEBSITE
If the Website (including, without limitation, through third-party content providers) contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We neither assume nor do we seek to assert control over the contents of third-party content providers, those sites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to or from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites or content providers.
11. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, as long as you do not:
- Establish a link from any website that is not owned by you;
- Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy.
You hereby consent to, and shall cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features, if any, and any links at any time without notice in our discretion.
12. "AS IS" AND "AS AVAILABLE" / USE AT YOUR OWN RISK
YOUR USE OF THE WEBSITE, WHETHER DIRECTLY OR INDIRECTLY, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, SPECIAL PURPOSE, OR ANY OTHER KIND. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
13. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, REPUTATIONAL DAMAGE, LOSS OF PRIVACY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $25.
We reserve the right, in our sole discretion, to change the terms of this Policy at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.
15. EQUITABLE RELIEF
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you hereby consent to the Company instituting an action to enjoin you and any agents from any and all acts in violation of those provisions.
16. GOVERNING LAW AND VENUE
This Policy shall be construed and governed by the laws of the State of New York, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding relating to, or in any way in connection to the Website or the contents thereof, shall be brought in the federal or state courts for the State of New York, County of New York, and you expressly waive, and shall not assert, any objection to personal jurisdiction, venue or forum non conveniens.
If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
18. WAIVER AND AMENDMENT
If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under this Policy, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
19. GEOGRAPHIC RESTRICTIONS
Software, functionality, and/or features (collectively, “Services”) that may be available on or through the Website from time-to-time, are subject to United States Export Controls. No Products from the Website may be downloaded or exported (i) into (or to a resident of) Iraq, Cuba, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any Products, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside the United States or particular jurisdictions within the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
20. FUTURE BUSINESS TRANSACTIONS
As we continue to develop our business, we may undergo a change in corporate structure or change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances.
21. COMPLETE UNDERSTANDING
This Policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the Company with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
22. YOUR COMMENTS AND CONCERNS
The Website is operated by Hotshot Inc., a Delaware corporation, located at 79 Madison Avenue, Second Floor, New York, NY 10016. If you have any questions, please contact us via email at email@example.com or mail us at the above address.