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Terms of Use

Last Updated: March 1, 2024

Introduction

The following Terms of Use ("Terms" or "Agreement") constitute a legal agreement between you and Massachusetts Continuing Legal Education, Inc. ("MCLE"), governing your use of MCLE products, services, and communications ("MCLE Products"), which are offered solely as an aid to developing and maintaining professional competence. Please take the time to fully understand how these Terms govern your relationship with MCLE and your use of MCLE Products.

YOUR RIGHT TO USE MCLE PRODUCTS IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS. BY USING, VIEWING, READING, OR OTHERWISE ACCESSING MCLE PRODUCTS, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE MCLE PRODUCTS.

Contributors and Content

MCLE Products contain text, scripts, graphics, photos, sounds, videos, and other media (collectively, "Content") created by authors, speakers, and contributors for MCLE products (collectively, "Contributor(s)"). Contributors are not agents of MCLE. The Content in MCLE Products (a) is not ratified, endorsed, or verified by MCLE or its trustees, officers, sponsors, exhibitors, or staff, and (b) does not reflect the position of MCLE or its trustees, officers, sponsors, exhibitors, or staff. The Content in MCLE Products may not apply to your circumstances, and no legal, tax, accounting, or other professional advice is being rendered by MCLE or its trustees, officers, sponsors, exhibitors, or staff, or by its Contributors. No attorney-client relationship is formed by your purchase, receipt, custody, or use of MCLE Products or access to the Content therein. Your use of MCLE Products is at your own risk, and MCLE, its trustees, officers, sponsors, exhibitors, staff, and Contributors do not have liability or responsibility arising from your use of MCLE Products, or from any inaccuracies, errors, or information missing from the Content in MCLE Products.

No right, title, or interest (including as to copyrights and other intellectual property rights) in or to MCLE Products or any Content therein are transferred to you, and all rights not expressly granted are reserved by MCLE or the Contributor(s). Your use of MCLE Products is limited to use as an aid in the development and maintenance of your professional competence.

Due to the rapidly changing nature of the law, the statements and other Content in MCLE Products may become outdated. Attorneys using MCLE Products should research original and current sources of authority. Non-attorneys using MCLE Products are encouraged to seek the legal advice of a qualified attorney.

Contributors' Use of Artificial Intelligence

Contributors may utilize computational technologies including, but not limited to, generative artificial intelligence tools or applications (collectively, "Artificial Intelligence") in preparing Content intended for use in MCLE Products. MCLE expects Contributors who use Artificial Intelligence in preparing Content intended for use in MCLE Products to do so responsibly and ethically in accordance with the Massachusetts Rules of Professional Responsibility. Contributors are solely responsible for the accuracy and integrity of Content submitted for inclusion in MCLE Products.

Acknowledgements and Indemnification

By using MCLE Products, you agree that neither MCLE nor its trustees, officers, sponsors, exhibitors, staff, or Contributors shall be held accountable or responsible for any legal implications, consequences, losses, injury, claims, or damages of any kind that may arise from such use.

You agree to indemnify MCLE, its trustees, officers, sponsors, exhibitors, staff and Contributors for any legal implications, consequences, losses, injury, claims, or damages of any kind arising from your access to or use of any Content, materials, or information obtained from any MCLE Products.

As the user of MCLE Products, you agree to the terms and conditions set forth herein. To the fullest extent permitted by applicable law, MCLE Products are provided on an "As Is," "As Available" basis and no warranties or representations of any kind, express or implied (including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose), with respect to MCLE Products are made by MCLE or its trustees, officers, sponsors, exhibitors, or staff, individually or jointly. To the fullest extent permitted by applicable law, neither MCLE nor its trustees, officers, sponsors, exhibitors, or staff are responsible for the statements and other Content in MCLE Products or liable for any claim, loss, injury, or damages of any kind (including, without limitations, attorney fees and costs) arising from or involving, contribution to, or the use of MCLE Products (including, but not limited to, the use or output of any Artificial Intelligence in connection therewith).

These terms and conditions will be governed by the laws of the Commonwealth of Massachusetts, notwithstanding any principles of conflicts of law. If any provision of this Terms of Use is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable, and this Terms of Use shall be construed and enforced as if the illegal or invalid provision had never been included herein. Failure to enforce any provision of this Terms of Use will not be deemed a waiver of that provision or any other provision. The Terms of Use may be changed from time to time without notice. Continued use of MCLE Products following any such change constitutes acceptance of the change.

Reporting Claims of Copyright Infringement

MCLE takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content or materials obtained or accessible through any MCLE Products or MCLE's website infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

MCLE's designated copyright agent to receive DMCA Notices is:

Executive Director
Massachusetts Continuing Legal Education, Inc.
10 Winter Place
Boston, MA 02108
Email: copyright@mcle.org

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is MCLE's policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.