- Website Content and Distribution: The website is the sole property of MLP, with all rights, title and interest thereof exclusively reserved for itself. It is protected by all applicable United States and international trademark, service mark, copyright and other applicable laws. Except as otherwise provided in these Terms or by written agreement, neither the website nor any portion of it may be copied, reproduced, displayed, published or sold for any purpose.
- MLP Trademarks, Service Marks and other Intellectual Property: All names, terms, slogans, mottos, designs, logos, and graphical elements on the website, including but not limited to the layout, combinations of color, test and images, pages, buttons, links, domain names, URLs, HTML code and the general “look” and “feel” of the website, are service marks, trademarks, design marks and/or copyrights (collectively, “website intellectual property”) of MLP. Specific instances of the website intellectual property include but are not limited to the names/terms “Moster,” “Moster Legal Placement,” “MLP,” “Interview BootCamp ®,” (or “Interview Bootcamp ®”), “Interview Professor,” “Tipping the Scales in your Favor,” “MLP Charity Initiative,” the image of a woman similar to Lady Justice holding scales and lifting up part of her blindfold (“Lady Justice”), Lady Justice combined with the phrase “Tipping the Scales in your Favor!,” and the image of a woman in a pinstriped suit standing in front of a conference table. All website intellectual property of MLP is the exclusive property of MLP, which shall have the exclusive right to use such property throughout the world in all media now known or hereafter devised.
- Website and MLP Services Do Not Constitute Practice of Law: MLP and its website are intended to assist job seekers or others seeking new employment or attorney partnership opportunities (“candidates”), and likewise, for employers seeking employees or partnership relationships with individuals or business entities (“employers”) to locate qualified candidates for their hiring needs. No communications or actions of MLP or this website shall constitute or be construed as the provision of legal advice or the practice of law.
- Website for Lawful Purposes Only: Your viewing or use of this website shall be subject to these Terms and all applicable laws, be they federal, state, local or obligations governed by international treaty. By viewing or using the website, you are agreeing to not communicate, post, publish or otherwise distribute any material on the website or elsewhere that is unlawful, fraudulent, misleading, harassing, obscene, defamatory, or otherwise harmful to any person. You are also agreeing to not use the intellectual property or confidential or proprietary information of any person without permission or as otherwise permitted by law.
- No Employment or Other Relationship Created: The viewing or use of this website does not constitute an employment, partnership, joint venture, agency or independent contractor between you or any other person and MLP.
- No Warranties: The website is made available on an “as is” or “as available basis” without any express or implied warranties of any kind, including but not limited to warranties of merchantability, title, non-infringement of third party rights, or fitness or a particular purposes (“warranty[ies]”). Although MLP will endeavor within its sole discretion to make the website as useful and accurate as possible, MLP disclaims any warranty that the website will be complete, up-to-date, reliable, accurate, uninterrupted, secure from unauthorized third parties such as hackers, or virus free.
- No Guarantee of Results: Although MLP and this website will endeavor within its sole discretion to provide effective assistance to candidates and employers, they make no warranties or guarantees of results, including but not limited to securing employment opportunities of any kind or at all for candidates, or locating or presenting candidates of any kind or at all for employers.
- Damage Limitations: Your viewing or use of the website is at your own risk. MLP, including any parents, subsidiaries, affiliates, principals or employees, shall not be liable for damages of any kind in connection with the viewing or use of this website, including but not limited to consequential, indirect, incidental, business interruption, lost profits, expenses or any other form of recovery, except as permitted by applicable law (“damages”). In those jurisdictions which restrict or deny the ability of parties to exclude or limit damages, the aggregate liability by MLP for damages shall not exceed $500.
- Communications of Third Parties: MLP does not have control or responsibility over communications of any kind sent or posted by others to the website, be they set forth in emails, forum contributions or in any other form. MLP is not responsible for screening, reviewing, monitoring or taking or not taking any action in connection with such communications, except such actions or non-actions, including but not limited to removal of content, that it deems appropriate in its sole discretion or as required by law.
- Other Websites: MLP's website may at times include links to the websites of third parties (“third party site[s]”). MLP makes no representation about, and has no control over, the content or use of any third party site accessed or otherwise obtained through the MLP website, and the inclusion of a link to a third party site shall not constitute an endorsement or expression of opinion of any kind regarding the contents, accuracy, use or other characteristics of the third party site. The inclusion of such a link shall also not constitute an endorsement or expression of opinion of any kind by the third party regarding the contents, accuracy, use or other characteristics of the MLP website.
- Claims of Third Parties: You agree to indemnify, defend and hold MLP, including any parents, subsidiaries, affiliates, principals or employees, harmless from or against any claims, liability or damages sought by a third party[ies] through legal action or demand which has resulted, or alleged to have resulted, in connection with your use of the website, including but not limited to the sending or posting of communications, or your breach of these Terms.
- Equal Opportunity: MLP and this website will not discriminate or permit discrimination against any person or group of persons on the grounds of age, sex, sexual orientation, race, color, religion, national origin, disability or status as a veteran, or in any matter prohibited by the laws of the United States or the state(s) where services are performed.
- MLP Discretion Regarding Provision of Services: The sending of a resume, job posting, email, inquiry or any other form of communication to the website by a candidate, employer or any other individual does not trigger any obligation by MLP to work with, communicate or provide services of any kind with that person. The decision to communicate or provide services of any kind to a candidate, employer or any other individual, including the scope of any such communications or services, is within the sole discretion of MLP. MLP reserves the right to terminate any agreement or other arrangement with a candidate, employer or any other individual for any or no reason without notice.
- Miscellaneous: “U.S. News & World Report” is the registered copyright of U.S. News & World Report.
- These Terms are governed by the laws of the state of California without regard to conflict of law principles which might require the application of the laws of another jurisdiction . The exclusive jurisdiction over any dispute arising out of or connected in any way with MLP or the website shall be in the courts of general jurisdiction located in the County of Los Angeles, California.
- Types of Information Gathered: The personal information received by MLP through its website and other sources typically falls into two categories. The first category is specific personal information, such as an individual's or entity's name, address, email information and the like (“personal data”). Personal data is treated as confidential information by MLP, meaning that it will not be disclosed to third parties without the permission of the person who provided the data, or as otherwise set forth below or required by law. The second category is general information pertaining to groups of individuals or entities that is collected for statistical, research or other purposes, but does not identify any person specifically (“statistical data”). Statistical data is used largely for website administration purposes, such as tracking the number of hits on specific pages or links; monitoring the number and types of requests for specific information; detecting trends in hiring or job seeking needs; compiling suggestions to enhance website or company performance; and gathering other useful information useful to MLP's business and community services. Statistical data is treated as non-confidential.
- Receipt of Personal Information: MLP receives only that personal data which is provided voluntarily by persons using the company or the website, or gathered at the request or authorization of the person involved (such as contacting references). Anyone with concerns or reservations about submitting personal data should not do so.
- Disclosure of Information to Employees or Third Parties: MLP may disclose personal and statistical data to employees, agents or third parties under a variety of circumstances related to its business operations. Such circumstances include but are not limited to utilizing employees of MLP to recruit and submit the resumes of candidates, or communicate with clients regarding hiring needs or submitted candidates; database, website or technical administration, updating or repair activities; and the utilization of legal, accounting or other professional services.
- Disclosures Required by Law: MLP may also disclose personal or statistical data to law enforcement agencies, governmental agencies or other persons as required by law. The circumstances in which such disclosures may occur include but are not limited to the receipt of subpoenas, warrants or other demands by law enforcement or other entities to investigate or prevent crimes or other unlawful conduct; actions required to protect the legal rights of MLP and its employees or agents; and any other circumstances related to legal, individual or public safety situations.
- Unauthorized or Unlawful Acts of Others: Although MLP employs security procedures to protect against the disclosure of personal and statistical data, it does not warrant and disclaims any ability to prevent disclosures caused by, among other things, the unlawful or unauthorized acts of others, such as theft, “hacking,” and breakdowns associated with the use and state of Internet technology. See also Section 7 of the Terms above.