This is an agreement between you (the user of this website for any purpose) and Litigation Analytics Institute regarding your use of, without limitation, Litigation Analytics Institute website, database, computer, interactive information, communication, and transaction service allowing access to the Expert listings, directory searches, consultation, advertising, and other Expert services (the "Litigation Analytics Institute Services"). BY REGISTERING WITH AND/OR USING Litigation Analytics Institute Services, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, please exit our site at this time.
1. Definitions
This Agreement ("User Agreement" or "Agreement" or "Terms of Service" or "Terms of Usage"), including the Privacy Statement, contains the entire terms and conditions that apply to your use of Litigation Analytics Institute Services ("Services") and its website and/or co-branded websites which Litigation Analytics Institute may operate or host from its or co-host servers (collectively referred to herein as "Site"). In this Agreement, "Expert" or "Experts" means any person or entity that is an authority in a specific area of expertise, discipline or subject matter that requires specialized knowledge and experience.
2. Fees
Litigation Analytics Institute, Inc, products and services fees may be subject to change periodically. Litigation Analytics Institute reserves the right to modify dues, fees, charges, rates, or company financial structure at any time upon notice consistent with this Agreement. You as the User are responsible for paying all applicable taxes for services and any other costs you incur through the use of or access to our servers. All fees are quoted and payable in Canadian Dollars, and transactions outside of Canada simply auto convert on the backend.
3. Privacy
You are providing your contact information ("email" or "phone" or "address") for the purposes of registering as an Expert, Consultant, Law Firm, Litigator, Insurer, or Company, communication, and access to Litigation Analytics Institute Services. Occasionally you may receive updates, information and notices, etc. with information that we deem to be of interest to you and relevant to you as a client. Litigation Analytics Institute may display URLs or icons that allow Users to link to other websites. Any content, representations, or warranties made on such other web sites regarding privacy or any other matter are the sole responsibility of the operator of the site, and Litigation Analytics Institute assumes no liability, obligation, or responsibility for such content, representations, or warranties.
4. Guidelines for Use
Litigation Analytics Institute Services and Site are only available for use by individuals who are age 18, or older. The Services and Site may not be used by scripts, machines or automated services. Litigation Analytics Institute Services and Site may be used only for lawful purposes. You must comply with all applicable local, provincial, national and international laws, regulations, or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the Litigation Analytics Institute Services or Site for any criminal or illegal activities or any activities that might be legally actionable. Litigation Analytics Institute reserves the right to determine what constitutes Internet abuse and objectionable conduct. If the Litigation Analytics Institute believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal, or inappropriate information or content, or suspension or termination of your membership and access to Litigation Analytics Institute Services.
Examples of objectionable conduct and content that violate these Guidelines include, but are not limited to, the following: A) Posting, transmitting, or linking to any text, image, file, code, or any other content or material on the Site in violation of any applicable state or federal laws. B) Posting, transmitting, or linking to any text or images that are sexually explicit, pornographic, racially or ethnically objectionable, or grossly offensive to the online community. C) Posting, transmitting, or linking to defamatory and libelous statements, or other statements that would violate any third party's privacy or publicity rights. D) Impersonating any person or using a name that you are not authorized to use. E) Planning illegal activities, such as creating computer viruses, building a bomb, or counterfeiting money. F) Promoting any products or services that are unlawful at the location at which the content is posted or received. G) Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment. H) Posting, transmitting, or linking to statements or reviews that are slanderous, intentionally false or misleading. I) Spamming, flaming, or other similar activities, including using information obtained from Litigation Analytics Institute to communicate uninvited solicitations or to promote your products or services. J) Violating the guidelines for academic honesty, or other unethical behavior, and hiring experts like hired guns, or in the reverse where unethical communication and participation between the litigator, insurer, and expert require the expert to provide opinions that are false, misleading, unethical, fraudulent, or criminal. K) Defamation, or slander.
Violations of system and network security are prohibited. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any session being conducted on the Site. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for your own account. You also agree not to use your Litigation Analytics Institute issued password for any unauthorized or prohibited purpose. If you notice a problem with other members not following these Guidelines, please notify us by contacting Customer Support at ceo@litigationanalyticsinstitute.com
5. Internet Commerce
Litigation Analytics Institute,Inc. and its affiliates make no warranties or representations whatsoever with respect to your participation in Litigation Analytics Institute goods and services, number of cases that you may be retained for, number of connections made, or with respect to the qualifications of any member. You agree not to resell, reproduce, or copy information obtained from Litigation Analytics Institute, or through Litigation Analytics Institute Inc., Services, nor exploit your membership or association with Litigation Analytics Institute for a commercial or advertising purpose, except as otherwise authorized herein, without the express written permission of a corporate officer of Litigation Analytics Institute.
6. Litigation Analytics Institute Property Rights
The content, layout, design, concept, and organization of the Litigation Analytics Institute Site and Services are subject to Litigation Analytics Institute patents, copyrights, trade secrets, and other intellectual property rights. All rights are reserved. You acknowledge and agree that Litigation Analytics Institute owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the Litigation Analytics Institute Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited. You agree that you will obtain the express written permission from Litigation Analytics Institute before you copy, upload, transmit, reproduce, distribute or in any way exploit any Litigation Analytics Institute Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the Litigation Analytics Institute Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use Litigation Analytics Institute trade names, service marks or any other trade insignia. Any use of Litigation Analytics Institute trade names, services marks or any other trade insignia shall be subject to Litigation Analytics Institute prior written consent.
7. Agent for Notification of Claimed Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, Litigation Analytics Institute has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent at Litigation Analytics Institute at ceo@litigationanalyticsinstitute.com
8. Disclaimers of Warranty
YOU EXPRESSLY AGREE THAT USE OF ExpertAnalytic Group, Inc. SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE PRODUCTS & SERVICES ARE PROVIDED ON AN "AS IS" BASIS. Litigation Analytics Institute MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. Litigation Analytics Institute DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Litigation Analytics Institute MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Litigation Analytics Institute Litigation Analytics Institute DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL ,OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL Litigation Analytics Institute ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("Litigation Analytics Institute Inc. AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS, OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF Litigation Analytics Institute Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY Litigation Analytics Institute Inc. SHALL BE CANCELLATION OF YOUR MEMBERSHIP TO THE SERVICES. ALL Litigation Analytics Institute SERVICES ARE NON REFUNDABLE.
10. No Agency
Litigation Analytics Institute is completely independent from you. You agree that you are not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or any other similar type of relationship with Litigation Analytics Institute and no such relationship(s) are intended, nor created by this Agreement.
11. Indemnification
Litigation Analytics Institute provides its Services and Site to Users on the assumption that you will act professionally and responsibly. If you do not, you must bear full responsibility for your actions. As a User of the Litigation Analytics Institute Inc. Services, you agree to defend, indemnify and hold harmless Litigation Analytics Institute its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and Experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your name (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. Litigation Analytics Institute reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of Litigation Analytics Institute which shall not be unreasonably withheld.
12. Term, Termination
This Agreement shall be effective for as long as you use the Services. You may terminate this Agreement with or without cause. Should you choose to terminate this Agreement you will not be refunded the remaining months of your subscriptions. Litigation Analytics Institute may terminate this Agreement immediately if, based on Litigation Analytics Institute Inc, sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of Litigation Analytics Institute Services or Site, (ii) infringed or violated any intellectual property right of Litigation Analytics Institute or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party. Litigation Analytics Institute reserves the right to modify or discontinue the Service or any portion thereof with or without notice to any User. Litigation Analytics Institute shall not be liable to any User or any third party should Litigation Analytics Institute exercise its right to modify or discontinue the Service, except that, if the service is discontinued through no fault of the User. The termination of this Agreement shall terminate your access to the Services. Litigation Analytics Institute shall not be liable to you or to any third party for termination of the Services for any reason.
13. Export Control Compliance
You agree to abide by Canada, U.S., and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the Canada and the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.
14. Consumer Rights
Pursuant to California Civil Code Section 1789.3 if you are a California resident you may have these Terms of Service e-mailed to you by sending a letter to the foregoing address with your email address and a request for this information; may obtain service pricing information on membership dues, fees, charges and rates by reviewing these Terms of Service, sending a letter to the foregoing address with your email address and a request for this information or by emailing ceo@litigationanalyticsinstitute.com
15. No Assignment
Your rights and obligations under this Agreement shall not be transferred or assigned directly, or indirectly without the prior written consent of Litigation Analytics Institute
16. Severability
If any provision of this Agreement or portion thereof is held to be invalid, or unenforceable, the remaining provisions shall continue in full force and effect. Litigation Analytics Institute failure to act with respect to a breach by you or others does not waive Litigation Analytics Institute right to act with respect to subsequent or similar breaches.
17. Force Majeure
Litigation Analytics Institute will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war, pandemic, COVID-19, illness, or act of God.
18. Applicable Law and Jurisdiction
You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the Province of Ontario and Canada, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada. The courts of the Province of Ontario located in Toronto shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by either email or registered mail sent to the address you provide Litigation Analytics Institute in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.
19. Notices
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by emailed, to Litigation Analytics Institute at ceo@litigationanalyticsinstitute.com and to the email address you provide Litigation Analytics Institute during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained. Litigation Analytics Institute may modify the terms of this Agreement at its sole discretion. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications of services provided, or offered, you should cancel your membership to the Services and terminate this Agreement. We do not offer refunds for partially used subscription periods. Upon cancellation, customers will continue to have access to the subscription service until the end of the current billing cycle, and no further charges will be incurred.
20. Accessing the Web Portal and Account Security
We reserve the right to withdraw, delete, or amend this Web Portal (Website), and any service or material we provide, both on the Web Portal and at Litigation Analytics Institute based on our sole discretion without notice. We will not be liable if for any reason all or any part of the Web Portal is unavailable at any time, or for any period. From time to time, we may restrict access to some parts of the Web Portal to users, including registered users.
21. You are responsible for:
Making all arrangements necessary for you to have access to the Web Portal. Ensuring that all persons who access the Web Portal through your internet connection are aware of these Terms of Service and comply with them. Ensuring that all persons who access the Web Portal comply with all applicable laws, including the Health Insurance Portability and Accountability Act of 1996, as amended (including by the Health Information Technology for Economic and Clinical Health Act) (collectively, “HIPAA”)and (PIPEDA). To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide, including but not limited to through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, and/or password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username and/or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any, or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
22. Compliance with Confidentiality Obligations HIPAA & PIPEDA
To the extent you have a written agreement with us regarding the protection of confidential information and/or protected health information (“PHI”), you agree to comply with the terms of that agreement in your use of the Web Portal, including the submission of any PHI in connection therewith. Alternatively, if you are a covered entity or business associate that does not have a written agreement already in place with us, then you hereby agree to the terms of our standard Business Associate Agreement or Agreement to Protect Privacy and Security of HIPAA-Protected Information and/or PIPEDA-Protected Information as applicable. You may request a copy of those agreements by emailing ceo@litigationanalyticsinstitute.com
23. Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Web Portal. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service. Nothing herein shall be construed to supersede, amend or revise any term or condition contained in a written agreement between you and the Company. Welcome to the website of Litigation Analytics Institute ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.expertanalyticsgroup.com including any content, functionality and services offered on, or through www.expertanalyticsgroup.com (the "Website").
24. Intellectual Property Rights
The Website, Experts Court Infinity App, and products and services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Canada, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: A) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. B) You may store files that are automatically cached by your Web browser for display enhancement purposes. C) You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. D) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. You must not: A) Modify copies of any materials from this site. B) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. C) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. D) You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
25. Trademarks
The Company name, the Company logo and all related names, logos, product and services names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
26. Prohibited Uses
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
· Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
27. User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other public interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. In the event the Website does contain such Interactive Services or User Contributions, they are governed by these Terms of Use as follows. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assign the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings. You represent and warrant that: A) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. B) All of your User Contributions do and will comply with these Terms of Use. C) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
28. Monitoring and Enforcement; Termination
We have the right to: A) Remove or refuse to post any User Contributions for any or no reason in our sole discretion. B) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company. C) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. D) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. E) Terminate or suspend your access to all or part of the Website for [any or no reason, including without limitation,] any violation of these Terms of Use. F) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
29. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: A) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. B) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. C) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. D) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. E) Be likely to deceive any person. F) Promote any illegal activity, or advocate, promote or assist any unlawful act. G) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. H) Impersonate any person, or misrepresent your identity or affiliation with any person or organization. I) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. J) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. If you believe that any User Contributions violate your copyright, please contact:
ceo@litigationanalyticsinstitute.com
It is the policy of the Company to terminate the user accounts of repeat infringers.
30. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
31. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
32. Web Portal, Email and Form Submissions
In addition, referral requests and/or business inquiries made through our Website, and the use of any referral forms, web portals and emails (including to form business transactions through the Website or as a result of visits made by you) are governed by our Terms of Service, which are hereby incorporated into these Terms of Use.
33. Geographic Restrictions
We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. USA, and UK. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
34. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
35. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
36. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
37. Limitation on Time to File Claims
ANY CAUSE OF ACTION, OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE MONTH AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
38. Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
39. Entire Agreement
The Terms of Use, our Privacy Policy and Terms of Service constitute the sole and entire agreement between you and the Company with respect to the Litigation Analytics Institute, Inc Website, and Services supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Litigation Analytics Institute Website, and Services.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.