Acceptance of Terms:
These Terms and Conditions ("TaC") are a legal agreement between you and Lieb School, which is the assumed name of Lieb School, LLC.
WARNING: You should read these TaC carefully before clicking “I agree with the above terms and conditions” (hereinafter “Agreeing”). Should you not understand any item of the TaC, you should consult with an attorney to receive legal advice prior to Agreeing. By Agreeing, you certify that you have read, understand and agree to abide by this TaC.
This TaC govern your access to and use of Lieb School, which may be accessed via various existing or future media and/or devices. By accessing or using Lieb School, you agree to be bound by this TaC. Prior to activating your account at Lieb School, you must first expressly agree to the TaC by Agreeing at the bottom of this page.
I. Disclaimer:
- As Is:
- INFORMATION ON LIEB SCHOOL IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Information on Lieb School may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Lieb School may also make improvements and/or changes in the products and/or the programs described in this information at any time without advanced notice.
- Confidentiality: Any Feedback sent to Lieb School shall be deemed to be non-confidential. Lieb School shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Lieb School shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
- Other Products: Information Lieb School publishes on the World Wide Web may contain references and/or cross references to Lieb School products, programs and services that are not announced or available in your country, State or local municipality. Such references do not imply that Lieb School intends to announce such products, programs or services in your country, State or local municipality.
- Licensing: Lieb School operates a New York State licensed Real Estate School. It is intended and contemplated that only New York State licensed Real Estate Agents will utilize Lieb School.
- Links:
- Lieb School provides hyper-links to other websites or resources. You acknowledge and agree that Lieb School is not responsible for the availability of such external sites and/or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Lieb School shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Lieb School makes no representations whatsoever about any other website, which you may access through Lieb School. When you access a non-Lieb School website, please understand that it is independent from Lieb School, and that Lieb School has no control over the content on that website. In addition, a link to a non-Lieb School website does not mean that Lieb School endorses or accepts any responsibility for the content or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
- Lieb School encourages you to review the privacy statements and/or Terms and Conditions and/or Terms of Use of websites you choose to visit via hyper-links posted on this website so that you can understand how those websites collect, use and share your information.
- IN NO EVENT WILL LIEB SCHOOL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ITS WEBSITE, OR ON ANY OTHER HYPER-LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Interstate Communications: By utilizing Lieb School to transmit electronic communications, such as Feedback, you will cause communications to be transmitted through Lieb School’s computer networks, portions of which are located across the United States in various States and in locations in other countries. As a result, communications that may appear to be intrastate in nature may result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by visiting the Lieb School website, you acknowledge that your use of Lieb School may result in interstate data transmissions.
- Lieb School Electronic Mail (hereinafter “e-mail”): Subject to applicable law, You hereby acknowledge that acceptance of e-mail from Lieb School is essential to the proper operation of Lieb School and each party's respective performance obligations hereunder, and that from time-to-time, Lieb School may transmit to You the following communications: Forgot Password; Forgot Username; Live Class: Enrollment; Live Class: Cancel Enrollment; Live Class: Enroll Waiting List; Live Class: Enrolled From Waiting List; Live Class: Remove From Waiting List; Live Class: Class Reminder; and/or Activation Link. Accordingly, subject to applicable law, You hereby agree to accept, and to not block or otherwise reject, Lieb School e-mail. Lieb School bears no responsibility for any damage, loss or liability resulting from your failure to respond to such e-mail, whether due to your lack of internet access, to a spam filter or inaccuracies in your e-mail address.
- Noncommercial Use: Lieb School is for the personal use of You only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by Lieb School.
- Fair Housing Act: Lieb School strictly prohibits any Feedback and/or Personality that violates the Fair Housing Act, New York Human Rights Law, New York City Human Rights Law, or local municipal rules concerning fair housing and discrimination. You hereby agree and acknowledge to fully comply with the above referenced laws and regulation while being logged-into Lieb School and/or while not logged-in, when You transmit Feedback to Lieb School. Should any Feedback and/or Personality violate the above referenced laws and/or corresponding regulations, Lieb School reserves its rights to prosecute such conduct to the fullest extent of the law, in its unilateral and sole discretion, whether criminally, administratively or civilly.
- You hereby acknowledge that by visiting the Lieb School website, even without Registering, Agreeing to the Terms and Conditions or even reading this Disclaimer, you will be bound by the terms of this Disclaimer.
II. Credits:
- New York State Laws and Regulations: While utilizing any of Lieb School’s products and/or services you acknowledge that Real Estate Agents in the State of New York are bound by the following laws and regulations - http://www.dos.ny.gov/licensing/lawbooks/RE-Law.pdf. You further acknowledge that you will comply with these laws and regulations while utilizing Lieb School’s products and/or services. You still further acknowledge that Lieb School is a licensed Real Estate School in New York State, which is also bound by these laws and regulations. You hereby agree to abstain from any conduct that will cause Lieb School to violate the applicable laws and regulations with specific reference, but not exclusive of other laws and regulations, to the following:
- Title 19 of the New York Code of Rules and Regulations (hereinafter “NYCRR”) at Part 177 regulates Continuing Education for Real Estate Brokers and Salespersons in the State of New York.
- Credit Period: Pursuant to 19 NYCRR 177.1(a) No renewal license shall be issued to any real estate broker or salesperson for any license period commencing on or after 11/1/95 unless such licensee shall provide evidence of completion of 22½ hours of approved continuing education within the two-year period immediately preceding such renewal.
- One Course Per Cycle: Pursuant to 19 NYCRR 177.18(c) No continuing education course will be considered for continuing education credit more than once within the two year cycle of renewal.
- Certificates: Pursuant to 19 NYCRR 177.1(b) Evidence of successful completion of the course must be furnished to students in certificate form. The certificate must indicate the following: the name of the approved entity, the name of the course, the code number of the course, and that the student who shall be named has satisfactorily completed a continuing education course approved by the Department of State and the number of hours earned. The certificate must be signed and dated by the owner or course coordinator.
- Exempt: Pursuant to 19 NYCRR 177.1(a) However, such continuing education requirement shall not apply to any licensed real estate broker who is engaged full-time in the real estate business and who has been licensed prior to July 1, 2008 for at least 15 consecutive years immediately preceding such renewal.
- Instruction Time: Pursuant to 19 NYCRR 177.7 Computation of instruction time; to meet the minimum statutory requirement, attendance shall be computed on the basis of an hour equaling 60 minutes.
- Attendance: Pursuant to 19 NYCRR 177.8(a) No licensed person shall receive credit for any course or course module presented in a classroom setting if he or she is absent from the class room, during any instructional period, for a period or periods totaling more than 10 percent of the time prescribed for the course or course module pursuant to section 177.3(g) or section 177.21(e) of this Part, and no licensed person shall be absent from the classroom except for a reasonable and unavoidable cause. If a course or course module is computer based and is not presented in a classroom setting, no licensed person shall receive credit for the course or course module if he or she fails to complete any portion of the course or course module.
- Fair Housing: Real Property Law §441(3)(a) requires no renewal license shall be issued any licensee under this article for any license period commencing November 1, 1995 unless such licensee shall have within the two year period immediately preceding such renewal attended at least 22½ hours which shall include at least three hours of instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property and successfully completed a continuing education real estate course or courses approved by the Secretary of State as to method, content and supervision, which approval may be withdrawn if in the opinion of the Secretary of State such course or courses are not being conducted properly as to method, content and supervision.
- CrediTracker™:
- You acknowledge that CrediTracker™, inclusive of all of its services and features, is provided for informational purposes ONLY.
- You acknowledge that Lieb School may establish general practices and limits concerning use of CrediTracker™, including the maximum number of days that uploaded Content will be retained by Lieb School and the maximum number of times (and the maximum duration for which) that you may access CrediTracker™.
- Lieb School has no responsibility or liability for the deletion or failure to store any credits, certificates and/or diplomas or other Personality maintained or transmitted by You or automated to CrediTracker™ through Lieb School’s algorithm.
- You acknowledge that CrediTracker™ does not warrant or guarantee the accuracy of credits displayed thereon; the user’s license expiration date; the license renewal countdown or any other aspect of CrediTracker™.
- You acknowledge your independent and sole responsibility to verify the accuracy of any information and/or Personality on CrediTracker™ and to comply with the continuing education requirements delineated by applicable laws and regulations.
III. Lieb at Law, P.C.:
- That this provision of the TaC is provided because Andrew M. Lieb, Esq. is an attorney (lawyer) and shareholder (owner) of Lieb at Law, P.C. who is also a member (owner) of Lieb School.
- Lieb School is not owned and/or operated by Lieb at Law, P.C.
- Lieb School maintains separate staff, books and records from Lieb at Law, P.C.
- Lieb at Law, P.C. attorneys instruct courses at Lieb School as New York State Licensed Real Estate Instructors, when licensed, when licensed as such, and not in their capacity as attorneys at law (lawyers).
- Lieb at Law, P.C. attorneys draft course materials at Lieb School as New York State Licensed Real Estate Instructors, when licensed as such, and not in their capacity as attorneys at law.
- Lieb at Law, P.C. attorneys certify that Lieb School and its course offering is licensed by the Department of State, State of New York, to issue continuing education course credit to New York State Licensed Real Estate Agents and nothing further, pursuant to Lieb School’s retention of Lieb at Law, P.C. as its counsel. Any and all references to “License Law compliance certified by the attorneys of Lieb at Law, P.C.”, or statements similar thereto, only refer to the fact that Lieb at Law, P.C. has performed a forensic audit of Lieb School’s courses and certify that the courses are fully licensed by the Department of State, New York, prior to the same being offered to You. Lieb at Law, P.C.’s client is Lieb School and not You. You hereby agree that you have not received legal advice from Lieb at Law, P.C. or any of its attorneys as a direct result of utilizing Lieb School’s products and/or services.
- Nothing herein prevents You from independently retaining Lieb at Law, P.C. and its attorneys to provide You with legal services. The same is subject to a separate agreement between You and Lieb at Law, P.C., without respect to Lieb School.
- Lieb School consists of non-legal services. Said services are distinct from legal services that are provided by an individual attorney or by the law firm, such as Lieb at Law, P.C. You acknowledge this fact pursuant to Rule 5.7, Responsibilities Regarding Non-legal Services, of the New York Rules of Professional Conduct - http://www.nysba.org/Content/NavigationMenu/ForAttorneys/ProfessionalStandardsforAttorneys/NYRulesofProfessionalConduct4109.pdf.
- By clicking that “I agree with the above terms and conditions”, You agree that the services on Lieb School are not the subject of a client-lawyer relationship pursuant to Rule 5.7, Responsibilities Regarding Non-legal Services, of the New York Rules of Professional Conduct.
IV. Express Disclaimers and Representations:
- You acknowledge that the Department of State, State of New York, is the sole and ultimate authority in renewing Real Estate Agent licenses in the State of New York and approving credit(s) for continuing education.
- You hereby represent and warrant that You are over the age of eighteen (18).
- Further Cooperation. At the request of Lieb School or its counsel, Lieb at Law, P.C., and at no additional charge to Lieb School, You shall execute, acknowledge and deliver any and all documents or instruments that Lieb School may determine necessary, in its reasonable discretion, to carry out the intent of this TaC.
- Exclusive License:
- You hereby grant to Lieb School, in the Personality submitted to Lieb School by You, a worldwide, irrevocable, perpetual, fully-paid up, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display for promotional use or profit or otherwise, distribute, and perform, transmit, edit, modify, alter, create derivative works of, publish, sell, exploit, use, remove and dispose of such Personality for any purpose and in all forms and all media whether now known or to become known in the future ("Exclusive License").
- You hereby agree and acknowledge that under the Exclusive License, Lieb School shall have and is hereby granted a minimum of the following:
- All rights to any revenue and income derived from your Personality;
- Any and all rights to assert claims of infringement (past, present, or future) against any third-party arising out of or in relation to your Personality; and
- Any and all other related rights of whatever kind or nature.
- Pursuant to this Exclusive License, You hereby waive and agree never to assert any and all IP Rights You may have in or with respect to any such Personality in connection with Lieb School's use thereof, including without limitation any moral rights or other literary property or authors' rights.
- Control and Review: By utilizing Lieb School, You are granting Lieb School permission to upload and store your Personality on Lieb School. You hereby agree and acknowledge that:
- Upon Your submission of your Personality hereunder, Lieb School may, but is not obligated to, exercise any or all of its rights stated in this TaC. Without limiting the foregoing, Lieb School may, but is not obligated to, publish any Personality or other identifying information.
- Notwithstanding anything to the contrary contained herein, You agree and acknowledge that Lieb School may, at any time and in its sole discretion, refuse to use and/or remove You from Lieb School without advance notice.
- Lieb School is under no obligation of confidentiality with respect to any Personality that You submit.
- Notwithstanding anything contained herein, Lieb School is not an archive and Lieb School shall have no liability to You or any other person for any loss, damage, or destruction of your Personality with express reference to CrediTracker™, which is offered for informational purposes only. You shall be solely responsible for maintaining independent archival and backup copies of Your Personality.
- Term: The term of this TaC shall commence upon You clicking that “I agree with the above terms and conditions” and continue in perpetuity unless you otherwise send an executed notice to Lieb School in writing by certified mail return receipt requested stating your username and password, the date, and “I wish to terminate this TaC”; or if Lieb School sooner unilaterally terminates your Account in its sole discretion and control, without notice. Lieb School’s Exclusive License shall not be amended, modified, altered, or otherwise affected as a result of a termination.
- Newsletters: Lieb School utilizes electronic mail marketing to promote its products and/or services. You hereby authorize Lieb School to utilize the electronic mail address provided in your Registration to contact you concerning its products and/or services. You can unsubscribe from electronic mail marketing by following the instructions included in the electronic mails that you receive. As part of its administration of its New York State Licensed Real Estate School, inclusive of, but not limited to enrollment in classes, the provision of classes, and the provision of credits and/or certificates and/or diplomas for class completion, Lieb School will transmit electronic mails concerning your activities (hereinafter “Administration”). Occasionally, Lieb School will transmit electronic mails concerning website disruptions, course information updates, new products and/or services and/or other news about Lieb School’s products and/or services (hereinafter “Updates”). E-mails concerning both Updates and Administration are sent to all account holders and are not subscription-based. Such electronic mails are considered a part of this TaC and can only be avoided by termination of your account.
V. Copyright Statement:
- All Information on Lieb School is subject to copyrights owned by Lieb School and other individuals or entities, of which Lieb School is a licensee concerning those copyrights.
- Any reproduction, retransmission, republication, or other use of all or part of any document found on this website is expressly prohibited, unless prior written permission has been granted by Lieb School or the appropriate copyright owner. All other rights reserved.
- The names, logos, trademarks, and service marks of Lieb School that appear on this website may not be used in any advertising, publicity, promotion, or in any other manner implying Lieb School’s endorsement, sponsorship of, or affiliation with any product or service, without Lieb School’s prior express written permission.
- Should any entity determine that this website is infringing on any copyrighted and/or trademarked and/or patented material, please promptly notify Lieb School by certified mail return receipt requested while providing the details of the purported infringement and your concerns will be addressed within fifteen (15) days following receipt thereof. If a visitor to this website is infringing on any copyrighted and/or trademarked and/or patented material through use of this website, please promptly notify Lieb School by certified mail return receipt requested and such infringer’s posting will be withdrawn from the website within a reasonable time of receipt of notice and following an investigation of such claim of infringement and the verification thereof. Content posted on this website by third-parties is NOT screened.
- You hereby acknowledge that by visiting the Lieb School website, even without Registering, Agreeing to the Terms and Conditions or even reading this Copyright Statement, you will be bound by the terms of this Copyright Statement.
VI. Privacy Policy:
- You can access limited features of the Lieb School website without disclosing Personality. In order to access the entire Lieb School website, You must register for an account, which will provide You with full access to the website, including, but not limited to access to the website’s CrediTracker™, dashboard, online classes and live classes.
- Lieb School utilizes personal information that it collects and receives, including your past use of Lieb School. Personal information includes identifiable data including your Personality.
- Lieb School collects personal information when you Register to Become a Member of Lieb School, when you manage your class enrollment, utilize CrediTracker™ or transmit Feedback to Lieb School. Lieb School may combine information about you that we have with information that we obtain from business partners or other companies.
- Lieb School uses information for the following general purposes: to customize our web content, fulfill your requests, improve our services, contact you, promote and advertise our products and/r services, conduct research, develop future products and/or services, among others.
- Lieb School rents, sells, and shares personal information about you with other people or non-affiliated companies without prior notice to you.
- Limitations of Liability.
- COMMUNICATIONS DECENCY ACT. LIEB SCHOOL IS A PROVIDER OF INTERACTIVE COMPUTER SERVICES, SUBJECT TO THE PROTECTIONS, IMMUNITIES AND LIMITATIONS OF LIABILITY AFFORDED BY THE COMMUNICATIONS DECENCY ACT (47 U.S.C. 223 et seq.) AND OTHER APPLICABLE LAWS.
- DIGITAL MILLENNIUM COPYRIGHT ACT. LIEB SCHOOL IS AN INTERACTIVE SERVICES PROVIDER, SUBJECT TO THE PROTECTIONS , IMMUNITIES AND LIMITATIONS OF LIABILITY AFFORDED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT (17 U.S.C. 512 et seq.) AND OTHER APPLICABLE LAWS.
- IN NO CASE SHALL LIEB SCHOOL OR ITS RELATED PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN CONNECTION WITH OR ARISING OUT OF THIS PRIVACY POLICY (INCLUDING LOSS OF PROFIT, USE OR OTHER ECONOMIC ADVANTAGE), WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES, OR ANY OTHER LEGAL THEORY. LIEB SCHOOL AND ITS RELATED PARTIES' TOTAL LIABILITY BASED UPON, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS PRIVACY POLICY, SHALL IN NO CASE EXCEED TEN DOLLARS (U.S. $10.00).
- YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS REFLECT A FAIR ALLOCATION OF RISK AND THAT LIEB SCHOL WOULD NOT PROVIDE THIS WEBSITE TO YOU WITHOUT THESE LIMITATIONS ON ITS LIABILITY, AND YOU AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, THE PARTIES AGREE THAT THE LIABILITY OF LIEB SCHOOL AND ITS RELATED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION, WHILE ACKNOWLEDGING THE CHOICE OF LAW OF NEW YORK STATE IN INTERPRETING THIS PRIVACY POLICY.
- The federal government provides a website offering practical tips to help you guard against Internet fraud, secure your computer, and protect your personal information.
- Username and Password: When you register, you will select a username and password for your Lieb School account. You are solely responsible for maintaining the confidentiality of your username and password. You must notify Lieb School immediately of any suspected unauthorized use of your username and password or any other breach of security. You have the ability to modify your password at any time. Lieb School recommends that you modify your password regularly. You are also fully responsible for all activities that occur under your username and password, and any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account and you may be referred to law enforcement agencies, at Lieb School’s sole discretion. Lieb School cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
- You acknowledge, consent and agree that Lieb School may access, preserve and disclose your Personality and related account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process and/or Court Order; (ii) enforce the Terms and Conditions applicable to You if You are a Registered User; (iii) respond to claims that any Personality violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Lieb School, its users and the public.
- Cookies: Lieb School’s website may use cookies to assist you with making your online experience more individualized. A cookie is a text file that is placed on a hard disk of your computer by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookies to you. Cookies are used for convenience and to save you time when you next visit Lieb School. The purpose of a cookie is to tell the web server that you have returned to a specific page, so that when you visit the site again, the experience will be personalized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to set your computer to accept cookies from this website, you may also choose to be logged into the site automatically. If you choose to decline cookies, you may not be able to fully experience the interactive features of this website or the other websites that you visit and you may experience technical problems receiving current information from the cookie-disabled websites.
- Web Beacons: Lieb School’s website may contain electronic images known as web beacons – also referred to as single-pixel gifs – that permit Lieb School to count users who have visited those pages and for other related website statistics. Web beacons are not used to access your personal information on Lieb School’s websites; they are solely used to compile aggregated statistics concerning the use of Lieb School. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.
- Lieb School welcomes feedback regarding this Privacy Policy. If at any time you believe that Lieb School has not adhered to this Privacy Policy, please provide Lieb School with Feedback and we will use all commercially reasonable efforts to promptly determine and correct the problem.
- You hereby acknowledge that by visiting the Lieb School website, even without Registering, Agreeing to the Terms and Conditions or even reading this Privacy Policy, you will be bound by the terms of this Privacy Policy.
VII. Restrictions on Use:
- You may not transmit Feedback or otherwise make available on Lieb School any Personality that:
- Is offensive; promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult Website.
- Harms minors in any way;
- Impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You do not have a right to make available under any law or under contractual or fiduciary relationships;
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You may not circumvent, or attempt to circumvent, by any means, any controls or other identity-verification controls implemented by Lieb School.
VIII. Definition of Terms:
- "You" or "you" means any individual or entity identified in the “Registration for the site” and/or “Become a Member of Lieb School” and/or “Create Profile” section of the Lieb School website, whether such identification was made by such person or such affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this TaC.
- “Personality” means any information and/or content that you upload; post; electronic mail; transmit or otherwise make available to Lieb School, including Registration, Feedback, comments, survey responses, Blog posts, reviews, and information identifying you, inclusive of your username, password, security question, security answer, email address, first name, middle initial, last name, suffix, mobile number, how you heard about Lieb School, local memberships, preferred mailing address, company name, work address, license type, license number, license expiration date, exemptions from New York State Continuing Education licensing requirements, courses enrolled, courses completed, courses withdrawn, courses waitlisted, completed courses, credits, username, password, your computer hardware and software, your IP address, browser type, domain names, access times and referring website addresses or any derivative of any of the foregoing information.
- "IP Rights" means any and all forms of intellectual property rights and protections throughout the world, whether currently existing or hereafter developed or acquired and whether now known or hereafter recognized, including all right, title and interest arising under United States or New York State or foreign common or statutory law in and to all: (i) patents and all filed, pending or potential applications for patents, including any patent disclosure, reissue, reexamination, division, continuation or continuation-in-part applications throughout the world now or hereafter filed; (ii) trade secret rights, know-how, technical information, rights in databases, rights to confidential or other proprietary information and equivalent rights; (iii) copyrights, copyright registrations, design registrations and applications therefore, moral rights, other literary property or authors' rights, whether or not protected by copyright or as a mask work; (iv) rights of privacy, rights of publicity, and equivalent or related rights, and (v) proprietary indicia, trademarks, service marks, trade names, trade dress, logos, symbols, domain names, logos and/or brand names and all goodwill associated therewith.
- “Lieb School” means Lieb School, LLC, inclusive of its website, dashboard, CrediTracker™, course catalog, online classes, live classes, and resources; its systems, networks, and servers, and inclusive of any corresponding URLs. Lieb School’s website shall include any and all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Lieb School’s World Wide website located at www.liebschool.com and its webpages.
- “Feedback” means data, such as questions, comments, suggestions, or the like that is sent and/or transmitted by You through and/or by the Contact Us function on the Lieb School website or through electronic mail to any identity at the domain @liebschool.com.
- “Information” means any and all content on Lieb School’s website.
- “Register” or “Create Profile” or “Become a Member” shall be utilized synonymously for signing-up for Lieb School’s website.
- “TaC” means Terms and Conditions, which is a legal contract between You and Lieb School. If you are not logged-in, you can find the Terms and Conditions by clicking Register at the top of this page. If you are logged-in, you accepted the Terms and Conditions by Registering for this website and a copy of the Terms and Conditions are available by hyperlink at the bottom right of this page.
IX. Miscellaneous
- Non-waiver: No failure of any party to exercise or enforce any of its rights under this TaC shall act as a waiver of such right.
- Choice of Law: This TaC shall be construed and interpreted in accordance with the laws of the State of New York.
- Forum Selection Clause: Any and all litigation and/or claims arising under this Tac shall be brought in the Courts of Suffolk County, New York.
- Severability: If any provision of this TaC is held to be unenforceable, this TaC will remain in full force and effect with the provision omitted, unless omission would frustrate the intent of the parties, which shall be determined by a Court of competent jurisdiction, in which case this TaC will immediately terminate.
- Entire Agreement: This TaC contains the entire understanding of the parties with respect to the parties’ interests in Lieb School and its information coupled with You and your Personality and supersedes all existing and/or prior agreements between the parties.
- Cooperation: The parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary and appropriate to give full force and effect to the basic terms and intent of this TaC.
- Force Majeure: Neither party shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters, webserver and/or webhost crashes, bandwidth meltdown, or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
- Plural: Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it.
- Notices: Any notices required under the terms of this TaC shall be provided by either: (1) certified mail return receipt requested or (2) electronic mail with request return receipt. The following designated addresses shall be utilized for notices to parties pursuant to this TaC:
- If to Lieb School, to:
Lieb School in the care of: Lieb at Law, P.C.
376A Main Street
Center Moriches, New York, 11934
- If to You, notices shall be sent by either electronic mail to your General Account Information’s designated Email Address or by regular mail to your Preferred Mailing Address specified by you in your Profile.
- Indemnification: You agree to indemnify and hold Lieb School, subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees and/or costs, made by any third party due to or arising out of your use of Lieb School.
- Breach Rights: Should either party breach this TaC:
- The non-breaching party may pursue reasonable attorney’s fees and costs in connection with enforcing its rights under this TaC; and
- Injunctive relief shall be an available right and remedy, in addition to monetary damages, as each party acknowledges the irreparable injuries will follow should injunctive relief not be available.
Enjoy Lieb School – This is only the Beginning!