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Terms & Conditions Welcome to LexisNexis Examen's
Web sites. LexisNexis Examen Inc. ("Examen") provides collaborative tools and
technology for dynamic outside counsel management. Our solutions and services
include the CounselLink™ Legal Spend Management Application and LegalPrecision™
e-Billing Application, (the "Solutions" and "Services") for use by numerous Corporate
Customers and Legal Customers (law firms). The Solutions, Services and use of
Examen's Internet Web sites (the "Site" or "Sites"), which include Examen.com™,
Right-Source.com™, Online.Examen.com™, LegalPath.com™, LegalPrecision.com™, Legal-Check.com™,
Ciweb.examen.com™ and Reports.examen.com are provided to you and our other Customers
under the provisions of these Terms and Conditions of Use and in conjunction with
any other agreements, rules, policies or protocols presented on the Sites, or
otherwise, including any amendments to them. Description of Solutions
and Services
LexisNexis Examen Inc. does not perform, refer or sell legal
services; nor is it a law firm, attorney or group of attorneys, the agent or affiliate
of, or under the control of, any law firm, attorney or group of attorneys. LexisNexis
Examen provides Corporate and Legal Customers with a variety of Internet products
and services. To review the features for each of these products or services, please
click on the product you wish to review.
Notice of Acceptance of Terms and Conditions of Use
PLEASE READ AND
ACKNOWLEDGE ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE BEFORE USING THE SITES.
THESE TERMS AND CONDITIONS ARE PART OF A LEGAL AGREEMENT BETWEEN LEXISNEXIS EXAMEN
INC. AND THE CUSTOMERS AND USERS, (AS DEFINED BELOW), OF THE SITES. BY CLICKING
ON THE ACKNOWLEDGMENT OR AGREE BUTTONS, YOU ACCEPT AND AGREE TO ALL OF THE TERMS
AND CONDITIONS OF USE FOR THE SITES. YOU FURTHER AGREE THAT EACH SUBSEQUENT USE
OF THE SITES REAFFIRMS YOUR ACKNOWLEDGMENT AND AGREEMENT TO THESE TERMS AND CONDITIONS
OF USE. THE TERMS AND CONDITIONS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN
LEXISNEXIS EXAMEN INC. AND THE USER EXCEPT WHERE THIS AGREEMENT MAY CONFLICT WITH
THE PROVISIONS OF ANY OTHER SEPARATE CONTRACT OR AGREEMENT, WHEREIN THE PROVISIONS
OF THAT CONTRACT OR AGREEMENT TAKE PRECEDENCE. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS, PLEASE DO NOT EXECUTE AGREEMENTS FOR USE OF PRODUCTS OR SERVICES,
DO NOT CLICK ON THE ACKNOWLEDGMENT OR AGREE BUTTONS OR OTHERWISE MANIFEST CONSENT,
AND DO NOT USE THE SITES. THE RIGHT TO USE THE PRODUCTS, SERVICES AND SITES IS
NOT TRANSFERABLE. User
A user is defined as a law firm or business
entity that has completed CounselLink registration, an assignee or employee of
a law firm or business entity registered or any other person authorized to use
the CounselLink application or LexisNexis Examen's other solutions and services
on behalf of the law firm or business entity. Users are also LegalPrecision licensees
and their law firms who submit legal bills to the LegalPrecision e-Billing Application.
Registration and Passwords
As a Customer, you agree to produce
current, complete and accurate information in the registration section of the
Sites. You also agree to update information so that it is current. Certain authorized
users within each subscribing organization will be issued a User ID and Password,
allowing them to access and use the Solutions and Services on these Sites upon
payment of the registration or other required fee, if any. Each Customer is solely
responsible for maintaining the confidentiality of all access codes issued to
users within your organization. Any password issued to your authorized users is
not transferable. You may not use any device, software or practice to interfere
or attempt to interfere with the proper working of the Sites or any information
contained on the Sites. You agree to immediately notify LexisNexis Examen of any
known or suspected violation of confidentiality of these rules, or of any threat
to LexisNexis Examen's Sites or system security. LexisNexis Examen is not responsible
for any unauthorized use or misuse of the system by any person using a valid or
invalid access code. Ownership, License and Restrictions on Use
LexisNexis Examen owns the content of the Applications, Services and Sites, including
without limitation the graphics, names, text, software, music, videos, sound,
pictures, compilations, gross statistical data, page layout, design, processes,
procedures, magnetic translation, digital conversion or other material contained
in them including all modifications thereto. Subject to your agreement to these
Terms and Conditions of Use of LexisNexis Examen's Web site(s), LexisNexis Examen
Inc. hereby grants you a limited, revocable, nonexclusive, nontransferable license
(without the right to grant sublicenses) to view and use the LexisNexis Examen
Web site(s) (including but not limited to LegalPath.com, LegalPrecision.com, Legal-Check.com,
Examen.com, Online.examen.com, Ciweb.examen.com and Reports.examen.com) and other
Examen materials solely for your own internal business purposes. All ownership
rights are protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. You may not copy, republish, "mirror", reproduce,
"frame", distribute, download, upload, display, sell, post, decompile, reverse
engineer, disassemble, incorporate into another work, use in creating a derivative
work, transfer, make available to third parties any portion of any LexisNexis
Examen Web site or other LexisNexis Examen materials or otherwise exploit the
Solutions, Services and Sites in any way, except that limited reproduction is
permitted for distribution within your internal organization only. In no event
may you remove any copyright or other proprietary notices, legends or logos appearing
on the Sites. Prohibited Uses
By registering with and using
LexisNexis Examen Sites, you agree not to upload or distribute in any way any
files that contain viruses, corrupted files or any similar software or programs
that may damage the operation of anyone else's computer, the Products, Services
or the Sites. You agree not to interfere or disrupt networks connected to the
Applications, Services or Sites. Any attempt by you to gain unauthorized access
to any computer system, including accounts or databases maintained by and for
LexisNexis Examen is strictly forbidden. You agree to comply with all applicable
laws relating to such conduct and all laws, rules and regulations regarding transmission
of technical data exported from the United States. If you engage in any activities
set forth in this paragraph or violate any of the Terms and Conditions of Use,
your account will be terminated and your use of the Products, Services and Sites
prohibited. LexisNexis Examen will report such conduct to the appropriate authorities.
Modification to Applications and Services; Terms and Conditions of
Use
As a Customer or User, you acknowledge and agree that LexisNexis Examen
may, with or without notice, modify, delete or amend the Applications, Services
or Sites; that LexisNexis Examen may further modify, delete or amend the Terms
and Conditions of Use from time to time, including the fees charged for certain
products and services. We will notify each Customer or User of any modification,
deletion or amendment by means including but not limited to posting on the Sites
or electronic mail. LexisNexis Examen shall also have the right at any time to
change or discontinue any aspect of or feature of the Applications, Services or
Sites, including but not limited to content, functionality and equipment needed
for access or use. Such changes, modifications, or additions shall be effective
immediately upon notice to each Customer or User, which notice may be given by
means including but not limited to posting on the Sites or electronic mail. Any
use of the Applications, Services or Sites following such notice will be deemed
to be Customer's or User's acceptance of the changes, modifications additions,
deletion or amendment to the Applications, Services, Sites or Terms and Conditions
of Use. Privacy
LexisNexis Examen is fully committed to protecting
the privacy and confidentiality of information of our Customers. You can review
our privacy policy by visiting the Privacy section of our Sites. Disclaimers
CUSTOMER OR USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PRODUCTS, SERVICES
OR SITES ARE AT A CUSTOMER'S OR USER'S SOLE RISK. THE PRODUCTS, SERVICES AND SITES
ARE PROVIDED ON AN "AS IS" BASIS. LEXISNEXIS EXAMEN ESPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE CONTENTS OF THE PRODUCT, SERVICES AND SITES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. LEXISNEXIS EXAMEN DISCLAIMS ANY LIABILITY OR RESPONSIBILITY
WHATSOEVER FOR ANY ERRORS AND OMMISSIONS IN CONTENT, INCLUDING BUT NOT LIMITED
TO OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS, THE UNAVAILABILITY OF THE SITE
OR ANY PORTION THEREOF, YOUR USE OF THE SITES, OR YOUR USE OF ANY EQUIPMENT OR
SOFTWARE IN CONNECTION WITH THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF LEXISNEXIS EXAMEN HAS BEEN ADVISED OF THE POSSIBILITY
OF SAME. LEXISNEXIS EXAMEN MAKES NO WARRANTIES THAT THE PRODUCTS, SERVICES
OR SITES WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES LEXISNEXIS
EXAMEN MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE
PRODUCTS, SERVICES OR SITES, THAT DEFECTS IN THE SOFTWARE FOR THE PRODUCTS OR
SERVICES WILL BE CORRECTED OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. AS A CUSTOMER OR USER, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE PRODUCTS, SERVICES
OR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA. LEXISNEXIS EXAMEN MAKES NO WARRANTY
REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR
ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE PRODUCTS, SERVICES OR
SITES. LEXISNEXIS EXAMEN DISCLAIMS ANY RESPONSIBILITY FOR ADVICE, LEGAL
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH MAY BE OBTAINED BY CUSTOMER
BY, THROUGH OR AS A RESULT OF USING THE PRODUCTS, SERVICES OR SITES AND EXPRESSLY
DISCLAIMS ANY WARRANTY REGARDING SAME WHATSOEVER. In jurisdiction where
an exclusion of implied warranties is not permitted, those disclaimers will not
apply. To the extent that the above disclaimers and limitations conflict with
the corresponding provisions of any other agreement with LexisNexis Examen related
to the Products or Services to which you are a party, then the provisions of such
other agreement or agreements shall prevail. Limitation of Liability
NEITHER LEXISNEXIS EXAMEN, NOR ANY SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES
THEREOF SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY
KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED
TO ANY ERRORS OR OMISSIONS FROM THESE SITES AND THEIR CONTENT, THE UNAVAILABILITY
OF THE SITES OR ANY PORTION THEREOF, YOUR USE OF THE SITES, OR YOUR USE OF ANY
EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES, WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LEXISNEXIS EXAMEN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Trademarks
"Examen", "Examen.com",
"LegalPath.com" and "LegalPath" are all registered trademarks of LexisNexis Examen
Inc. "LegalPrecision," "LegalPrecision.com," "LegalCheck," "Legal-Check.com,"
"RightSource," "Right-Source.com," "FactMine," "The Sourcing Room," SmartReview"
and "Freedom to focus on your legal work" are all trademarks of LexisNexis Examen
Inc. Other solutions, services or company names mentioned on these sites may be
trademarked of their respective owners including LexisNexis Examen. Links
The hypertext links to Web sites of third parties provided on this site are a
convenience for our customers. By linking to these external sites, LexisNexis
Examen is not endorsing the products, services, businesses or sites provided by
these sources, in any way for any purpose. These external Web sites contain information
and content provided by individuals and companies other than LexisNexis Examen
Inc., LexisNexis Examen has no control over the content and is not responsible
for any information found on these sites. LexisNexis Examen is also not responsible
for the practices or data collection methods employed by these external sites.
When you link to an external Web site, LexisNexis Examen's privacy policies and
terms and conditions of use are not applicable to the linked site. LexisNexis
Examen disclaims any responsibility for advice, products, services or information
that may be obtained by you through or as a result of using the hypertext links,
and expressly disclaims any and all warranties regarding same. You assume sole
responsibility for the use of third-party links. As a customer, you understand
and agree that any software, material or data downloaded or otherwise obtained
by linking to an external or third-party site is done at your own discretion and
risk and that you will be solely responsible for any damage to your computer system,
loss of use or loss of data that results from the download of such software, material
or data. To create a hypertext link from your organization to any part
of the Site, please contact our Web site Administrator, webmaster@examen.com.
Indemnification
As a Customer, you are responsible for you
own use and the use of your authorized users of the Products, Services and Sites
and for their consequences. Therefore you agree to defend, indemnify and hold
harmless LexisNexis Examen, its subsidiaries, affiliates, officers, directors
and employees for any and all claims, demands, and damages, including attorneys'
fees, due to or arising from your use of the Products, Services or Sites and other
conduct related in any way to the Products, Services or Sites, including but not
limited to breaching any warranty or provisions contained in these Terms and Conditions
of Use. The Terms and Conditions of Use will apply to any LexisNexis Examen successors,
licensees and assignees. Future Product Offerings or Enhancements
These Sites may contain descriptions of future product offerings, changes or enhancements.
You should not rely on prospective statements regarding any future offerings about
the improved functionality or product enhancements until they are actually publicly
released and in use on the Sites. News Releases, News and Events
These Sites contain user news, future events and press releases about LexisNexis
Examen and our products and services. At the time these informational statements
are or were produced, it is believed they are accurate. LexisNexis Examen further
disclaims any liability for inaccurate product descriptions that may be contained
on other Web sites that may provide a link to our Sites. Governing
Law
These Terms and Conditions of Use shall be governed by and construed
in accordance with the laws of the State of California, without regard to its
conflicts of law provisions. Any legal action or proceeding arising out of or
relating to these Terms and Conditions of Use, Products, Services or the Sites
shall be exclusively subject to the jurisdiction of the federal courts of the
United States of America and/or the state courts of California located in Sacramento,
California.
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