Trial Lawyer Nation Application Terms and Conditions of Use

Effective as of November 4, 2020.

This document (the “Agreement”) is a legally binding agreement between you and Michael Cowen Law Firm P.C., a Texas company hereinafter referred to as “Trial Lawyer Nation”, that governs your use of Trial Lawyer Nation’s software application, “The Trial Lawyer Nation Application.” The Trial Lawyer Nation Application is a free-to-the-user service having no monthly cap on listening hours or a cap on number of plays. Please note that you must read and agree to the terms and conditions of this Agreement before you use the Trial Lawyer Nation Application. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Trial Lawyer Nation Application.

1. Contract Formation

By creating a Trial Lawyer Nation account, or commencing download of the Trial Lawyer Nation Application, you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in the United States, that any registration information that you submit to Trial Lawyer Nation is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the Trial Lawyer Nation Privacy Policy.

2. Changes to the Agreement and Notices

Trial Lawyer Nation may make changes to this Agreement at its sole discretion. Changes will be communicated to you by us posting the new version of the Agreement on the Trial Lawyer Nation Website or as otherwise determined by Trial Lawyer Nation in its sole discretion and your acceptance of and / or continued use of the Trial Lawyer Nation Application after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to reacknowledge and reaccept this Agreement following any material changes.

3. Grant of License

You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the Trial Lawyer Nation Application (including a right to download said application) in the United States. You do not have a right to transfer or sublicense your rights under this Agreement.

4. The Mobile Service

You are required to have the most recent mobile version of the Trial Lawyer Nation Application (the “Mobile Client”) on your mobile handset in order to use the Mobile Service. You agree that your access to and right to use the Mobile Service is expressly conditioned on your registering as a mobile subscriber via the authentication process associated with the Mobile Client, which authentication process may include additional terms and conditions applicable to the Mobile Service (the “Mobile Terms”) and any Mobile Terms shall form part of this Agreement.

5. Use of Cached Content

The Trial Lawyer Nation Application permits you to download temporary copies of content through Apple Podcasts and play it locally without the “online” use of the Trial Lawyer Nation Application.

6. Trial Lawyer Nation Social

The Trial Lawyer Nation Application has features that allow you to integrate your activities on the Trial Lawyer Nation Application with functionality offered by third party social networking services, including Facebook, Twitter, LinkedIn, Instagram and YouTube. If you choose to share Trial Lawyer Nation Application content on your Facebook, Twitter, LinkedIn, Instagram, or YouTube, this information will become publicly viewable. You agree that the Trial Lawyer Nation Application is not responsible for content once it is shared to Facebook, Twitter, LinkedIn, Instagram, or YouTube. Unacceptable behavior will result in your account being terminated and you being blocked from accessing the Trial Lawyer Nation Application.

Examples of unacceptable behavior include, but are not limited to:

1. giving podcast shows offensive, abusive, defamatory, pornographic or obscene titles;
2. harassing or bullying others; and
3. using a photo on your profile that infringes the copyright of a third party, or is offensive, abusive, defamatory, pornographic, or obscene.

7. Restrictions of Use

For the avoidance of doubt, you agree that you may not (without limitation):

1. sell or attempt to sell any invite to access the Trial Lawyer Nation Application;
2. provide your password to any other person or use any other person’s user name and password;
3. reverse-engineer, decompile, disassemble, modify or create derivative works based on the Trial Lawyer Nation Application or any part thereof;
4. rent or lease any part of the Trial Lawyer Nation Application;
5. use the Trial Lawyer Nation Application in a way that violates the terms of this Agreement;
6. artificially increase play count or otherwise manipulate the Trial Lawyer Nation Application by using a script or other automated process.

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Trial Lawyer Nation Application and its content. You also acknowledge and agree that Trial Lawyer Nation may remove or reclaim your username at any time if Trial Lawyer Nation in its absolute discretion considers such action appropriate.

8. Advertising and Use of Computational Resources

As consideration for your rights under this Agreement, you agree that the Trial Lawyer Nation Application and its business partners have a right to provide promotional offers, advertising and other information to you by email, text, or mobile notification.

9. Customer Support

If you have any questions concerning the Trial Lawyer Nation Application or this Agreement, please contact customer support by sending an email to podcast@triallawyernation.com.

10. Term and Termination

This Agreement will become effective in relation to you when you create a Trial Lawyer Nation Application account or when you start using the Trial Lawyer Nation Application and will remain effective until terminated by you or the Trial Lawyer Nation Application. Trial Lawyer Nation Application reserves the right to terminate this Agreement or suspend your Trial Lawyer Nation Application account at any time in case of unauthorized, or suspected unauthorized use of the Trial Lawyer Nation Application whether in contravention of this Agreement or otherwise. If Trial Lawyer Nation terminates this Agreement, or suspends your Trial Lawyer Nation Application account for any of the reasons set out in this section, Trial Lawyer Nation shall have no liability or responsibility to you.

11. NO WARRANTY

THE USE OF THE TRIAL LAWYER NATION APPLICATION (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. THE TRIAL LAWYER NATION APPLICATION IS PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, TRIAL LAWYER NATION DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE TRIAL LAWYER NATION APPLICATION OR WARRANTY OF TITLE OR NON-INFRINGEMENT. In addition, the Trial Lawyer Nation Application does not warrant, endorse, guarantee or assume responsibility for any Third Party Application Content or any other product or service advertised or offered by a third party on or through a Trial Lawyer Nation Application hyperlinked website.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIAL LAWYER NATION, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TRIAL LAWYER NATION APPLICATION (INCLUDING BUT NOT LIMITED TO ITS CONTENT), THE THIRD PARTY APPLICATIONS OR THE THIRD PARTY APPLICATION CONTENT EVEN IF YOU HAVE ADVISED TRIAL LAWYER NATION ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.

Your only right with respect to any problems or dissatisfaction with the Trial Lawyer Nation Application is to uninstall the Trial Lawyer Nation Application.

13. Indemnity

You agree to indemnify and hold Trial Lawyer Nation and its directors and employees harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

14. Technology Limitations and Modifications

Trial Lawyer Nation Application will make reasonable efforts to keep the Trial Lawyer Nation Application operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Trial Lawyer Nation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Trial Lawyer Nation Application with or without notice.

15. Privacy

You agree that the Trial Lawyer Nation Application has a right to collect and process your personal information in accordance with the Trial Lawyer Nation Application Privacy Policy.

16. Assignment by Trial Lawyer Nation

Trial Lawyer Nation may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

17. Entire Agreement

This Agreement together with the Trial Lawyer Nation Application Privacy Policy, constitutes all the terms and conditions agreed upon between you and the Trial Lawyer Nation Application and supersedes any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to the Trial Lawyer Nation Application are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Trial Lawyer Nation not contained in this Agreement.

18. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.