CONSENT TO TERMS OF USE

This website, 5MinuteBriefs.com, (“THE WEBSITE”) refers to, but is not limited to, all content published electronically through THE WEBSITE and any printed material that is either downloaded and subsequently printed, or printed from a web browser, as well as the 5MinuteBriefs.com Listener Forum (“LISTENER-FORUM”).

THE WEBSITE is owned and produced by Legal Franca Publishing (“THE PUBLISHER”) in association with any number of affiliated law firms, legal service providers and other business entities (“THE AFFILIATES”). By accessing and browsing THE WEBSITE you accept, without qualification or limitation, all of the following terms of use (“TERMS OF USE”). If you do not agree with all of the following Terms of Use you should immediately discontinue your use of THE WEBSITE.

We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated TERMS OF USE and/or an updated Privacy Policy on THE WEBSITE. Please check these TERMS OF USE and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these TERMS OF USE or the Privacy Policy shall be effective immediately upon posting. Your continued use of THE WEBSITE following the posting of updated TERMS OF USE or an updated Privacy Policy will mean that you agree to those changes.

By using THE WEBSITE, you acknowledge that we do not provide legal advice. You acknowledge that any and all content on the WEBSITE comes with no guarantee of accuracy. You agree to hold THE PUBLISHER and THE AFFILIATES blameless and harmless for any and all errors and/or omissions. You also agree to indemnify and defend THE PUBLISHER and THE AFFILIATES against any and all claims that result either directly or indirectly from your use of THE WEBSITE.

COPYRIGHT

The content of THE WEBSITE (“THE CONTENT”) includes, but is not limited to, the text, graphics, data, design, organization, compilation, concept, and all other matters relating to this Website, including without limitation, the “look and feel” of the Website. THE CONTENT, with the exception of Press Release Materials (“RELEASES”), is intended for your personal use and is protected by copyright according to United States laws and international treaties.

RELEASES may be freely reproduced “as-is” or used as source material for derivative stories under the following restrictions and conditions:

(a) You may not misquote or misrepresent the content of RELEASES, in any literal or contextual sense.

(b) THE WEBSITE and the guest appearing on the program (“THE GUEST”) must be acknowledged (“ACKNOWLEDGEMENT”) in any and all reproductions and/or derivative stories which use RELEASES as source material. ACKNOWLEDGEMENT must conform to the guidelines in c.1 and c.2.

(c.1) If RELEAES are reproduced or used as source material for derivative stories published in print or in a broadcast medium, THE WEBSITE will be cited as “5MinuteBriefs.com.” THE GUEST citation will include (1) THE GUEST’s name, (2) the name of his/her firm and (3) the city in which the firm is located (e.g., Robert Pinkman of White, Pinkman and Cross in San Diego, CA.). Citing the state name is optional.

(c.2) If RELEAES are reproduced or used as source material for derivative stories published online, ACKNOWLEDGEMENT will be placed in text hyperlinks using the format specified in c.1.

The hyperlink’s target URL for THE WEBSITE citation will be http://www.5MinuteBriefs.com. The hyperlink’s target URL for the GUEST citation will be the “Link-URL listed with guest’s contact information in the press release. In the event that no “Link-URL” is provided for the guest in the press release, the URL for the press release itself will be used instead.

USER MATERIALS

Through the LISTENER-FORUM portion of THE WEBSITE, through the Contact the Program page, through the Get our Monthly Content Guide page, through the Be an On-Air Contributor page, and through other features of THE WEBSITE, users may post, upload, transmit and/or otherwise submit ("SUBMIT") comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through THE WEBSITE which THE PUBLISHER considers user materials ("USER MATERIALS").

You acknowledge that USER MATERIALS may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by THE PUBLISHER staff and on the Internet by the general public. You acknowledge that THE WEBSITE, the LISTENER-FORUM, and other features of THE WEBSITE, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit USER MATERIALS at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen USER MATERIALS, there may be a delay in the posting of such content to allow for a review process. If we have questions about your USER MATERIALS, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the USER MATERIALS.

You retain the copyright and other ownership rights in any USER MATERIALS that you SUBMIT on or through THE WEBSITE. However, by SUBMITTING USER MATERIALS on or through THE WEBSITE, you hereby grant THE PUBLISHER and THE AFFILIATES a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your USER MATERIALS in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, THE WEBSITE, THE PUBLISHER’s other web sites, third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant THE PUBLISHER and THE AFFILIATES the right to contact you in connection with your USER MATERIALS and to use your name, city and state and other information that you have provided in connection with the USER MATERIALS.

In addition, you grant each user of THE PUBLISHER’s other web sites, a non-exclusive, royalty-free, worldwide license to access your USER MATERIALS on or through THE WEBSITE and THE PUBLISHER and THE AFFILIATES to use your USER MATERIALS pursuant to these TERMS OF USE and the terms of use of THE PUBLISHER’s other web sites, and as permitted by the functionality of THE WEBSITE and THE PUBLISHER’s other web sites (such as through widgets and API Content distribution).

For any USER MATERIALS you SUBMIT on or through THE WEBSITE, you agree to abide by the RULES FOR USE OF WEBSITE set forth below, the Listener Forum Rules (for USER MATERIALS SUBMITTED through the LISTENER-FORUM), and these TERMS OF USE. You further agree to the representations and warranties, and indemnification obligations, set forth in the "REPRESENTATIONS; INDEMNITY" section below.

RULES FOR USE OF WEBSITE

THE WEBSITE provides its users with helpful information related to the law and the legal process. WE DO NOT OFFER LEGAL ADVICE. Content is published for educational purposes without guarantee of accuracy. If you have a pending legal matter for which you need help, we recommend that you contact a licensed, qualified attorney.

By using THE WEBSITE, including by registering and/or participating through the LISTENER-FORUM, by SUBMITTING USER MATERIALS , by using the Contact the Program page, by using the Get our Monthly Content Guide page, by using the Be an On-Air Contributor page, by listening to webcasts, or by using any other features of THE WEBSITE, you agree to the following rules:

1. You must be at least eighteen (18) years of age to register for or participate in the LISTENER-FORUM or other social networking features of THE WEBSITE, SUBMIT any USER MATERIALS or personally-identifying information on and/or through THE WEBSITE. If you are between the ages of 13 and 18, you may browse THE WEBSITE or request the Monthly Content Guide. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

2. You may not SUBMIT any USER MATERIALS anonymously or under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.

3. You may not SUBMIT any USER MATERIALS or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

4. You may only SUBMIT USER MATERIALS for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize THE PUBLISHER and THE AFFILIATES (to the extent permitted by these TERMS OF USE) to use and distribute any USER MATERIALS.

5. THE WEBSITE can only be used for personal, non-commercial purposes. You cannot SUBMIT any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use THE WEBSITE for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

6. You may not SUBMIT any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use THE WEBSITE to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of THE WEBSITE.

7. You may not interfere with or disrupt the integrity or performance of THE WEBSITE, or any portion or contents thereof, or use these web sites in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to these Web Sites or related systems or networks.

8. By SUBMITTING any USER MATERIALS on or through THE WEBSITE, you hereby grant THE PUBLISHER and THE AFFILIATES (to the extent permitted by the TERMS OF USE) the licenses to use those USER MATERIALS as set forth above in the "User Materials" section.

9. You are solely responsible for any USER MATERIALS SUBMITTED using your account. THE PUBLISHER does not and cannot review all USER MATERIALS SUBMITTED by you or others and is not responsible for any USER MATERIALS SUBMITTED by you or others on or through THE WEBSITE. However, THE PUBLISHER has the right (but not the obligation) to review, screen, delete, edit and/or move any USER MATERIALS that it deems, in its sole discretion, to be in violation of the RULES FOR USE OF WEBSITE, the Listener Forum Rules (for USER MATERIALS SUBMITTED through LISTENER-FORUM), or these TERMS OF USE, or for any other reason, as determined in THE PUBLISHER's sole discretion.

10. THE PUBLISHER is not responsible or liable for any USER MATERIALS SUBMITTED by you or a third party, including any USER MATERIALS, on or through THE WEBSITE. THE PUBLISHER cannot verify the accuracy of statements that users make or place on or through THE WEBSITE, and does not guarantee that any USER MATERIALS have been SUBMITTED with the permission of the copyright or proprietary owner or are otherwise in compliance with the RULES FOR USE OF WEBSITE, the Listener Forum Rules (for USER MATERIALS SUBMITTED through the LISTENER-FORUM), or these TERMS OF USE.

11. By using THE WEBSITE, you agree to abide by these rules. You acknowledge that THE PUBLISHER has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the RULES FOR USE OF WEBSITE, the Listener Forum Rules (for USER MATERIALS SUBMITTED through LISTENER-FORUM), or these TERMS OF USE, or for any other reason, in its sole discretion. You further acknowledge that THE PUBLISHER has the right to limit or terminate your access, or any other person's access, to or registration in THE WEBSITE for any reason, in its sole discretion, including violation of the RULES FOR USE OF WEBSITE or these TERMS OF USE.

12. You agree to comply with the Listener Forum Rules, as they may be updated from time to time by THE PUBLISHER.

FRAMING

THE PUBLISHER does not allow framing of THE WEBSITE.

LINKING TO THE WEBSITE

THE PUBLISHER permits and encourages links to content on THE WEBSITE. However, THE PUBLISHER is a public service organization dedicated to providing the highest quality information, education and self-help resources. As such our standards require that we maintain independence to any political or social cause. Therefore, the linking should not (a) suggest that THE PUBLISHER promotes or endorses any third party's causes, ideas, web sites, products or services, or (b) use THE WEBSITE content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

REPRESENTATIONS; INDEMNITY

You represent and warrant that (a) if you SUBMIT any USER MATERIALS or personally-identifying information on or through THE WEBSITE, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any USER MATERIALS you SUBMIT on or through THE WEBSITE that may be necessary for their use as contemplated by THE PUBLISHER and these TERMS OF USE, (c) there are no encumbrances or restrictions on the USER MATERIALS or their use as contemplated by THE PUBLISHER and these TERMS OF USE, (d) the USER MATERIALS, and their use by THE WEBSITE, their licensees, and users of THE WEBSITE (pursuant to these TERMS OF USE) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any RULES FOR USE OF WEBSITE, the Listener Forum Rules (for USER MATERIALS SUBMITTED through LISTENER-FORUM), or these TERMS OF USE, and (e) your use of THE WEBSITE complies with these TERMS OF USE. You agree that you will indemnify and hold harmless THE PUBLISHER, THE AFFILIATES, and their respective directors, officers, employees, members, licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of THE WEBSITE, (3) the USER MATERIALS you have SUBMITTED on or through THE WEBSITE, or (4) THE PUBLISHER's publication, distribution or use of such USER MATERIALS, or the authorized publication, distribution or use of your USER MATERIALS by THE PUBLISHER's affiliated websites, licensees, and users.

DISCLAIMER

THE PUBLISHER makes every effort to publish current and accurate information. THE CONTENT and RELEASES are provided on an “as is” basis without warranties of merchantability and/or fitness for particular purpose. THE PUBLISHER and THE AFFILIATES assume no responsibility arising from use of this information. It is the user’s responsibility to verify the accuracy of THE CONTENT. Furthermore, by using or reproducing RELEASES in any way, you agree that you will indemnify and hold harmless THE PUBLISHER, THE AFFILIATES, and their respective directors, officers, employees, members, licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from your use or reproduction RELEASES.

TRADEMARK

"Legal Franca", "Legal Franca Publishing" and "5-Minute Briefs" are considered legal trademarks owned wholly by Legal Franca Publishing.