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Nodine Legal Technologies Terms of Service

June 12, 2007

1. Relationship

1.1 Use of products, software, services and websites (hereinafter, "Services") provided by Nodine Legal Technologies, LLC (hereinafter, "NLT") are subject to the terms of this agreement, unless superceded by another agreement.

1.2 Unless otherwise agreed in writing, the terms of this agreement are the minimum terms of the agreement.

1.3 If there is any contradiction between the terms of this document and an additional or superceding document, the additional or superceding document shall control. These documents are, collectively, the "agreement" of the parties.


2. Accepting the Terms

2.1 To use the Services, you must accept the agreement. If you do not accept all of the terms of the agreement you may not use the Services.

2.2 The agreement can be accepted by: (1) clicking to accept the agreement, or (2) actually using the services. In the case of actual use of services, NLT will treat use as acceptance of the agreement from that point onward.

2.3 If you are not of legal age to form a binding contract or are otherwise barred by law you may not accept the agreement.


3. Provision of Services

3.1 You acknowledge and agree that the form and nature of the Services provided may change periodically without prior notice.

3.2 You acknowledge and agree that NLT may stop (permanently or temporarily) providing the Services or any part thereof to you or any other party at NTL's sole discretion, without prior notice. You may stop using the Services at any time. You do not need to specifically inform NLT when you stop using the Services if the services are provided at no cost to you. If the Services provided are based on a fee, you must specifically inform NLT and receive confirmation of the notice.

3.3 You acknowledge and agree that if NLT disables access to your account, you might be prevented from accessing the Services or any part or data thereof.

3.4 NLT may limit use of Services in any way, at any time at NLT's discretion.


4. Service Use

4.1 You agree that any information you supply to NLT will be true and accurate.

4.2 You agree that your use of the Services will comply with the agreement and any applicable law, regulation or generally accepted practice(s) or guidelines in the relevant jurisdiction.

4.3 You agree not to access or attempt to access the Services except through the interface(s) provided by NLT, unless otherwise specifically agreed.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services or any services, networks, software or hardware used to provide the Services.

4.5 Unless otherwise specifically agreed, you agree to not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.6 You agree that you are solely responsible for any breach of obligations and consequences under the agreement.


5. Account Security

5.1 You acknowledge and agree that you are responsible for maintaining confidentiality of account information used to access the Services.

5.2 You agree that you are solely responsible to NLT for all activities that occur under your account.

5.3 If, at any time, you become aware of unauthorized activity of your account, you agree to immediately notify NLT.


6. Privacy

6.1 You agree to use your data in accordance with NLT's privacy policy which is maintained at http://www.nodinelegal.com/Main/PrivacyPolicy.aspx.


7. Content

7.1 You acknowledge that all information access via the Services is "Content" and the sole responsibility of the author of the content.

7.2 Content may be protected by intellectual property rights. You are responsible to research and acquire all required permissions to modify, rent, lease, resell, sell, distribute or create derivative works based on this Content.

7.3 You agree that NLT cannot provide the required permissions to modify, rent, lease, resell, sell, distribute or create derivative works based Content to which it does not have legal right.

7.4 NLT reserves the right but has no obligation to modify, review or censor any Content.

7.5 You agree that you might be exposed to Content which you find offensive and in this respect, you use the Services at your own risk.

7.6 You agree that you are solely responsible for any Content you provide, transmit or create while using the Services and for the consequences of your actions including loss of NLT and/or others.


8. Proprietary Rights

8.1 You acknowledge and agree that NLT owns all legal right, title and interest in and to the Services, including but not limited to any intellectual property right existing in the Services (registered or not).

8.2 You agree that neither you nor any party under your control will disclose any confidential information contained in the Services or about the Services no matter how it is obtained.

8.3 You agree that unless otherwise specifically agreed in writing, you may not use any NLT trade name, trade mark, service mark, logo, domain name or any other distinctive brand feature.

8.4 NLT obtains no right, title or interest in any Content you submit and that you are solely responsible for the protection and enforcement of rights associated with that Content and that NLT has no obligation to do so on your behalf.

8.5 You agree to not modify or remove any proprietary rights notices affixed to or contained within the Services.

8.6 You agree to not use any proprietary notice in any way that could cause confusion about the owner of such marks or marked materials.


9. License from NLT

9.1 NLT provides you a personal, royalty-free, non-assignable and non-exclusive license to use the Services.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless expressly agreed in writing or required by law.

9.3 You may neither assign or delegate rights or duties nor grant a security interest in or over your rights without express written permission from NLT.


10. Content license from you

10.1 You agree that you have all rights to grant the below license.

10.2 You retain copyright and all other rights already held in Content transferred, posted or displayed through the Services. By transferring, posting, creating or displaying the Content you grant NLT a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content that you submit, post, display or transfer on or through the Services.

10.3 You agree that this license includes a right for NLT to make such Content available to other entities with whom NLT has relations.

10.4 You acknowledge that NLT may transmit or distribute your Content over various networks, both public and private, and make such changes to your Content as are necessary to make such transfers and to meet other technical requirements. You agree that this license shall permit NLT to take these actions.


11. Service Updates

11.1 You agree that NLT can provide updates by whatever method NLT deems acceptable whenever NLT decides.


12. Termination

12.1 This agreement and its terms shall apply until terminated as detailed below.

12.2 You agree to terminate the agreement by both notifying NLT at any time and closing your account(s) for all Services.

12.3 NLT may terminate this agreement at any time if:

(A) You have breached any term of the agreement; or

(B) Acted in any manner clearly showing you intended or are unable to comply with the terms of the agreement; or

(C) NLT is required by law; or

(D) NLT is no longer providing the Service(s); or

(E) The Service(s) being provided to you are no longer economically viable.

12.4 Nothing in this section shall affect NLT's rights under Section 3 above.

12.5 Termination does not cease rights and obligations intended to carry on for a fixed or indefinite amount of time.


13. EXCLUSION OF WARRANTIES

13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".

13.2 NLT DOES NOT REPRESENT THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (2) THE ABILITY TO USE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR (3) ANY INFORMATION OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (4) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.

13.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13.4 NO ADVICE OR INFORMATION, IN ANY FORM, OBTAINED BY YOU FROM NLT OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13.5 NLT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


14. LIMITATION OF LIABILITY

14.1 NLT SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH NLT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE NLT WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

14.2 THE LIMITATIONS ON NLT’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT NLT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.


15. Advertisements

15.1 NLT reserves the right to embed or remove advertisements in any or all Services at any time.


16. Other Services

16.1 NLT has no control over resources of other services.

16.2 You acknowledge and agree that NLT is not responsible for the availability of any external resource, and does not endorse any advertising, products or other materials on or available from such resources.

16.3 You agree NLT is not liable for any loss or damage which you might incur by as a result of the availability of those external resources or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.


17. Changes to Terms

17.1 From time to time, NLT may make changes to these Terms of Service, when changes are made the new copy of the Terms of Service will be displayed at http://www.nodinelegal.com/Main/ToS.aspx.

17.2 You agree that your continued use of the Services after the date that the Terms of Service are changed, will be treated as acceptance of the updated Terms of Service.


18. Generally

18.1 You agree that if NLT does not exercise or enforce any legal right or remedy which is contained in this agreement (or any provided by law), this will not be taken to be a waiver of the rights and those rights will still be available to NLT.

18.2 If any court of law, having appropriate jurisdiction, rules any provision invalid, then that provision will be removed from the agreement without affecting the remaining terms. The remaining terms will remain in force.

18.3 This agreement shall be governed by the laws of the State of Kansas without regard to any conflict of laws provisions. You and NLT agree to submit to exclusive jurisdiction of the courts located in the county of Shawnee, Kansas to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that NLT shall still be allowed to apply for injunctive remedies (or equivalent relief) in any jurisdiction.