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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.
COUNSELLINKTM Legal Spend Management Application
LEGALPRECISION® e-Billing Application
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. If you should have inquiries concerning your personal data or the
types of data transferred, please contact the law firm or business entity responsible for
entering your data into our products or Web sites. You can also obtain information about
the entities in control of your data by contacting Customer Support at 1.800.600.2282.
International Data
All data is processed in Sacramento, California. LexisNexis Examen Inc. is a data processor,
not a data controller as defined by EU data protection laws or regimes. Data must be entered by
the responsible user into the application software. If any personal data is transferred to
LexisNexis Examen, the law firm or business controlling the data must notify the individuals to
who the data pertains.
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 USER'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 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
"LegalPrecision” and “CounselLink" are all registered trademarks of
LexisNexis Examen Inc. Other solutions, services or company names
mentioned on these sites may be trademarks 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 users. 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.
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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