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Recent Exclusivity questions

I am signing a P&S agreement. But there is a clause that

I am signing a P&S agreement. But there is a clause that limits the sellers liability to remedy the title to not more than $2,500. Is that typical?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I have published some apps in Apple's App Store. And, for

I have published some apps in Apple's App Store. And, for publishing apps using encryption, I have got an Encryption Registration approval from BIS ("BIS" refers to U.S. Bureau of Industry and Security).According to web page http://www.bis.doc.gov/index.php/policy-guidance/encryption/reporting#One, I need to file a annual self-classification report for every year. The web page says that "A annual self-classification report for applicable encryption commodities, software and components exported or reexported during a calendar year (January 1 through December 31) must be received by BIS and the ENC Encryption Request Coordinator no later than February 1 of the following year.". So, it seems that the report should only include things exported or reexported.And, here are my questions: (1) If one of my apps that I have published in App Store is a free (can get without money) app, should the report include this app? I don't know whether a free thing may be "exported". (2) What is the exporting and reexporting with reference to? Is it the United States? (3) What does "reexport" mean? What is the difference between it and "export"?Please answer my questions. Thanks!

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Damien Bosco

Attorney

Doctoral Degree

3,096 satisfied customers
FOR -BIZAW: Kindly re-read last question you answered for me

FOR RICHARD-BIZAW: Kindly re-read last question you answered for me for context as this relates to the same matter. Does a Canadian company have Nexus by virtue of doing business with U.S. customers and having a U.S. employee located in a U.S. state? If the employee with or without his employer's knowledge colluded/conspired with a 50% partner in a U.S. LLC that was a client of the Canadian company to destroy files on the LLC's hosting account, to block the other partner/officer from accessing files and features of the platform necessary for the LLC to conduct business and then unilaterally deleted the LLC's account in its entirety which destroyed valuable evidence on the server logs which would have identified who did what when -- can the Canadian company be sued and for what causes of action? Can the U.S. employee be sued and especially if he misled his employer about why these actions were taken?Now take into account that the Canadian company's TOS includes non-liability clauses and asserts thati t can cancel any account at any time for any reason in its unilateral discretion. While I recognize that this might protect them from a beach of contract claim, would it protect them from business interference, destruction of private property or evidence (the employee and likely the company knew the two partners were in a legal dispute and are now serving the offending partners separate business), collusion, economic/cyber sabotage, possibly conspiracy to commit these acts, etc?The jurisdiction clause of the TOS states that venue is in Canada. Under the circumstances or with nexus could this be changed to the U.S.? Or since the employee resides in the states could venue be changed to there?

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Richard - Bizlaw

Juris Doctor

9,818 satisfied customers
How do companies get such low shipping prices? I am trying

How do companies get such low shipping prices? I am trying to set up a business but shipping prices seem outrageous.

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Asad Rahman

Attorney

J.D.

3,192 satisfied customers
Law Educator, I have a client who has contracted work from

Law Educator,I have a client who has contracted work from me.I was to develop software for an online product/service. He was to pay money, put forth best efforts to commercialize, establish an operating entity.He is in default on these clauses of the contract. He is no longer communicating. The contract does not define what happens when there is a default or remedies and time to cure. The product/service is complete....each have a non-exclusive right to 100% of the System and all intellectual property developed by the Venture.By the client stonewalling they are enjoying all the benefit of the product/service in their market for free while preventing us from earning any money or other benefit.I do not want to do anything unethical or against business law.The product or service MAY have a large potential. So I want to create a paper trail of facts to deter either their suing us or winning if they do sue. I do not want to sue. I do not want them to cure, I do not believe they will cure, if they do I accept that and will fulfill my responsibilities under the contract.For example;Letter 1; notifying them of the default, setting out the facts and demanding compliance by a reasonable date, or we will be forced to default them out of the contract.Letter 2; You have not responded to the demand letter... you are now in default... you have until (a reasonable time, date) to cure the default... to cure the default you must...Letter 3; The reasonable time has passed, you have not responded, you are beyond the reasonable time to cure... Both parties are free from any and all obligations under the Contract. We will be incurring substantial costs moving forward commercializing the product/service. You have no claims to any future income.I believe something, (maybe more creative than I have shown above) should be a deterrent for them to commence any action against us, and if they did this correspondence should be persuasive to any court.continued...

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I am 60-yr old gastroenterologist (GI) practicing in Fresno,

I am 60-yr old gastroenterologist (GI) practicing in Fresno, CA. The hospital has electronic medical record called Cerner. It has contracted most of the gastroenterologists to take ER calls and have agreed to pay $1,400 per night as long as they meet their expectations which I found unacceptable to me, so I have not chosen to take their bait of $1,400.A new program called Provation is installed by the hospital for endoscopy reports which have been created by GIs like me for last several years in Cerner. The reports I have been generating are in 12 font size and nicely formatted for me to communicate to my referring physicians. They have all the key elements which should be included in endoscopy reports as per the national guidelines. But the coding and extraction of the data have to be done by the hospital as per the setting for all these years. Now, with the new Provation program that burden is being shifted to us. Provation generates a very lengthy report which I do not think any referring physician is going to read. It has very small fonts and a lot fluff. The main thing it does do is that it does the coding and data entry which have been done by hospitals all this time. It takes up time which I usually spend with the patient and the family after the procedure. It also puts stress on me to avoid errors in this templated and very lengthy report and does not allow me to relax sufficiently for the next case.Now the hospital is demanding that I only use Provation for the endoscopy report. This is when the older method of generating reports in Cerner is still available and I continue to use it to meet the national standards. I had a talk with the administrative person and she agreed that the real issue is that the hospital is having personnel expense (which they have had all this time) with my reports. All my colleagues who take the money from the hospital have agreed to comply with the hospital's demand about using Provation as the exclusive way of reporting endoscopy findings.I feel that using Provation is not in the interest of my patients, referring physicians and for me. I feel that my freedom of expression is being violated. As a professional, I must be allowed express my findings in a manner that meets the standards and I am most comfortable with.I would like to know if I am in a legally sound position to continue to use the older reporting method which is still acceptable to the medical records at the hospital and not yielding to the bullying efforts by my colleagues being paid by the hospital. I must point out that this software Provation is available at almost all the facilities in our area, but no other facility has made it mandatory and kept it optional for the providers to use it if they want to.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
While working with a previous business, I spent months

Hello.While working with a previous business, I spent months designing & creating a very creative business display showcase for an industry show. To be noted-I owned every single item that was on display. This showcase is a portion of my resume and, obviously, both the other business and myself have images of the showcase display many places online as promotion. I am unsure when this occurred, but it has recently been brought to my attention that the other business has removed myself and my business name from the 'credits' on all of the images associated with this event. In addition, there are numerous additional ways in which they are using photos, in which, the photographer, the dress designer, the florist, etc. are ALL given their deserved credit, but I am not as the stylist and/or decor designer. Do I have any rights in this situation?

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MDLaw

Attorney

Post-Doctoral Degree

4,330 satisfied customers
I commissioned a copy writer to write text website which he

i commissioned a copy writer to write text for my website which he did and got paid for.then proceeded to hire him for another project which i prepaid him $100 as a down payment. i explained to him during a phone conversation that the job was to edit some material that have for another website I own, and informed him that I will be emailing the text to edit, but I never did.it seems he got greedy and instantly jacked up his rates, at which point i declined to proceed with sending the text to edit and called off the deal and asked him to return my money, which I had send through paypal.the copy writer, refused to return the money and pretended that it was for the time he spent researching info about what I had "briefed him about on the phone" , when this excuse didn't fly too far, he changed it to extra work he had done on "the previous job" that I didn't pay for (we had agreed on a flat rate, it was paid. case closed) and in fact I owed him a little bit more money that he is demanding that I pay "immediately". days later he then proceeded to send me a stop and desist email claiming that I would be infringing on his copy right asking me to remove immediately from my website the material i had paid for from the first project.I disputed the matter with paypal, but it seems that what he sent them was convincing enough to decline my dispute. so i took the dispute to the credit card company.my question : does he have any legal rights on the copy of the first project ? (the ideas were mine, he just edited the sentences and sent them back)any ideas how i can prove to paypal that 1- this guy did not deliver any work for the 2nd payment I sent especially that he didn't have anything to work on? and that the 2nd payment was exclusively for a new project and not to cover anything that was done before?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I'm planning to record my workshops on audio or video

Hi! I'm planning to record my workshops on audio or video and to offer them on the internet for fun and to make money. Pls let me know how to go about this and where to obtain the legal agreements I would need. Thanks!

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
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