Terms of Use

Effective: August 1, 2019

1. Acceptance of Terms

The Notre Dame Journal of International & Comparative Law (“NDJICL”, “we”, “us”, “our”) provides ndjicl.org and all of its subsidiary sites and pages (collectively, “Website”), subject to your compliance with the following Terms and Conditions of Use (“Terms of Use“, “Terms”), as well as any other written agreement(s) between us and you (“User”).

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this page and these Terms. Your continued use of this Website after such modifications will constitute acknowledgement and acceptance of the modified Terms.

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and delivering this Website and contents and offerings available on this Website.

BY USING THIS WEBSITE AND OFFERINGS ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND THESE TERMS IS TO CEASE USING THE WEBSITE AND ITS PARTICULAR PRODUCTS OR OFFERINGS.

2. Scope of Service

This Website does not offer legal advice. The views presented on the Website are meant to educate and to explore cutting-edge legal issues. The Content on the Website does not replace competent legal advice from a licensed attorney. The Content on the Website is not provided in order to advertise, solicit, or establish attorney-client relationships.

We may change our Services at any time. If you do not like our Services or these Terms, please let us know and provide constructive feedback by sending us an email at ndjicl@nd.edu. We do not promise to make any changes that you suggest, and your sole remedy if you are dissatisfied with our Services or these Terms is that you may discontinue your use of our Services at any time.

We may alter, suspend or discontinue our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer with Internet access that can access our Website.

When using our Services, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.

3. License to Use; Privacy Policy

Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Website and receive and copy our Notifications, in each case, solely in the manner enabled by us and for your personal, non-commercial purposes. Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any of our Website or Notifications or a sale of a copy of our Website or Notifications, and we and our partners and suppliers retain all rights and interest in our Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.

Our Privacy Policy (“Privacy Policy”), describes the collection, use, and disclosure of data and information by us in connection with our Services. The Privacy Policy, as may be updated by us from time to time in accordance with its terms, is hereby incorporated into these Terms, and you agree to the collection, use and disclosure practices set forth therein.

By using our Services, you consent to receiving communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including written communications.

4. Our Services.

A. Notifications. From time to time, we may send you Notifications, which may provide updates about us or the Website; alert you to certain benefits or upcoming events; or confirm certain transactions.

i) Acknowledgement to Receive Email. As a user of our Services, you agree to receive emails from us regarding our Services. We may from time to time send you email messages with information about your use of our Services. You may opt-out from receiving our newsletter by emailing ndjicl@nd.edu or selecting to unsubscribe as may be provided in the applicable email correspondence.

As set forth in Section 2, we reserve the right to alter, suspend, or discontinue our Services or your access to our Services in whole or in part, at any time and for any reason, without notice.

5. Content

Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, nontransferable, nonexclusive, non-sublicensable, revocable license to access and use Content available through our Services, solely for your personal and non-commercial use, and subject to any restrictions on certain types of Content set forth in these Terms.

We reserve the right to make changes to Content, descriptions, or specifications of our Services, or other information without obligation to issue any notice of such changes.

Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed.

6. Prohibited Conduct

As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these Terms. You may not use our Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services. You agree not to use false or misleading information in connection with your use of our Services or to impersonate any other person living or dead and acknowledge that we reserve the right to disable any use of our Services that violates these Terms.

In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to, use our Services to:

i) Transmit any Content, language, or statements that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, hateful, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by NDJICL;

ii) Infringe another’s copyright, trademark or trade secret;

iii) In an unsolicited or unlawful manner, advertise or promote products or services;

iv) Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;

v) Promote, solicit, or participate in any multi-level marketing or pyramid schemes;

vi) Exploit children under 18 years of age;

vii) Engage in disruptive activity;

viii) Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);

ix) Solicit personal information from children under 13 years of age;

x) Use a false identity or impersonate another person or entity; or

xi) Encourage conduct that would constitute a criminal or civil offense.

We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.

You agree not, and will not permit any person or entity, to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using our Services; (iii) obtain unauthorized access to any computer system through our Services; (iv) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (v) introduce viruses, worms, Trojan horses, and/or harmful code to our Services; or (vi) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of our Services or any Content, except as permitted by Website’s infrastructure.

We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above reasons or for any other reason, and if we do so, we may terminate your access to our Services.

7. Indemnification

By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of our Services. At our option, you agree to defend us from any such Claims.

8. Intellectual Property Rights

You agree and acknowledge that the structure, organization, and code used in conjunction with our Services are proprietary to us and our Affiliates. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing, or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.

Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

9. Copyright Infringement; DMCA Policy

If you believe that any materials on our Website infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Website, or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to our Services is:

Notre Dame Journal of International & Comparative Law
1100 Eck Hall of Law
Notre Dame, IN 46556
ndjicl@nd.edu

In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing, and terminate the account of a repeat infringer.

10. Links to Third-Party Websites

Our Services may contain links to third-party websites. These links are provided to you as a convenience, and we are not responsible for the content of any linked third-party website. Any third-party website accessed from our Services is independent from us, and we have no control over the content of those websites. In addition, a link to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such website. Use of any third-party website is subject to its terms of service and privacy policy. We request that you exercise caution and good judgment when using third-party websites.

11. Providers of Third Party Platforms

You hereby acknowledge and agree that all of our licensors, suppliers, or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to NDJICL; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule, or regulation; and (iv) have no responsibility to investigate, defend, settle, or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.

12. Disclaimer

Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on information from our Services, or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through our Services.

OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

13. Limitation of Liability

A. Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, ANY THIRD-PARTY PROVIDERS, OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

B. Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (i) $100.00 OR (ii) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, FOR THE SERVICES IN THE PRIOR TWELVE-MONTH PERIOD.

C. Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Jurisdictional Issues

We make no representation that information on our Services is appropriate or available for use outside the United States. Those who choose to access our Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using our Services, you consent to having any personal information that you provide transferred to and processed in the United States subject to the restrictions on such data as provided in our Privacy Policy posted through our Website.

15. Modifying and Terminating Service

We may terminate your access to our Services, in our sole discretion, for any reason and at any time. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features, including, without limitation, making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services.

The following Sections of these Terms and any accrued obligations will survive any termination of these Terms: 1, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22.

16. Unsolicited Ideas and Feedback

We welcome your feedback, ideas, and suggestions (collectively, “Suggestions”). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become(s) our property, and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.

17. Governing Law; Dispute Resolution

These Terms, and any dispute between you and us, shall be governed by the laws of Indiana without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 18 is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Indiana, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.

18. Agreement to Arbitrate; Waiver of Class Action

Except for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or for items (1)–(3) set forth in Section 17, you and we agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms, our Services, and/or our Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in South Bend, Indiana, U.S.A., under the Commercial Arbitration Rules of the American Arbitration Association (AAA), and you and we hereby expressly waive trial by jury. You and we shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and we cannot agree within thirty days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies, or awards that conflict with these Terms, including, without limitation, the provisions of Section 13.

Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor us will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the arbitration procedures described in this Section (“Arbitration Procedures”) (other than a change to any notice address or Website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty days after the version of these Terms not containing the Arbitration Procedures is posted to our Website, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.

In accordance with Section 15, this arbitration section will survive the termination of your relationship with us.

19. Miscellaneous

You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees, or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings, and agreements (whether oral or written) other than any click-through or end-user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Website. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

20. Minors

Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law, or by individuals who are 13 years and older under the supervision of a parent or guardian. If you are a parent or guardian of a child, you may allow your child to use our Services under your supervision, in which case you are responsible for any and all activities of your child. If you are a parent or guardian and you discover that your child has used our Services without authorization, please contact us at ndjicl@nd.edu and we will take steps to remove your child’s information.

21. Additional Information

If you have any questions about these Terms, please email us at ndjicl@nd.edu or contact us by mail at:

Notre Dame Journal of International & Comparative Law
1100 Eck Hall of Law
Notre Dame, IN 46556