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Terms and Conditions The term "Web Site" as used herein refers to the web site www.distributedinsight.com and www.lawfirmelearning.com. The following Terms and Conditions apply to the Distributed Insight Associates, Inc. (“the Company”) Web Site and to the software, services, multimedia, courseware, products, resources, information, content, materials, and results or output derived from such services or products on the Web Site ("Site content"). By using the Web Site or Site contents, you accept and agree to comply with the following Terms and Conditions. Your use of certain resources made available on the Web Site or the conduct of certain transactions may be subject to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. We reserve the right to modify, alter, update, or remove portions of these Terms and Conditions at any time, so please check these Terms and Conditions (and our Privacy Policy) from time to time. Your continued use of the Web Site signifies your acceptance of any changed items. If you do not agree with our Terms and Conditions, your sole remedy is to discontinue your use of the Web Site. The failure of the Company to enforce these Terms and Conditions, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Web Site for any reason. The term "Material" as used herein refers to all content provided by the Company itself or through its content suppliers on the Web Site or in e-mails sent by the Company. Use of Material The Company authorizes you to view and download a single copy of the Material and Content on the Web Site solely for your personal, noncommercial use. The Material and Content on this Web Site, including the "Look" and "Feel" of the Web Site, text, graphics, images, logos, button icons, and software, are protected under both United States and international copyright, trademark, patent and other laws. All Material and Content are the property of the Company or its content suppliers or customers. The "Compilation" refers to the collection, arrangement and assembly of all Material and Content on this Web Site is the exclusive property of the Company and protected by United States and international copyright laws. Unauthorized use of the Material or Content may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material and Content on any copy you make of the Material or Content. You may not sell or modify the Material or Content or reproduce, display, publicly perform, distribute, or otherwise use the Material or Content in any way for any public or commercial purpose. The use of the Material or Content on any other web site or in a networked computer environment for any purpose without the written permission of the Company is prohibited. It is an infringement of the Company's copyright to copy or adapt the HTML code that the Company creates and/or uses to generate its pages. Standards for Internet Conduct / Acceptable Site Use In connection with your use of the Web Site, you may not: Post, transmit, distribute, store, upload, or destroy Material or Content (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. Post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortuous, otherwise objectionable, or that may invade another's right of privacy or publicity. Impersonate any person or entity, including without limitation a Company employee or agent, an authorized user of the Web Site's services, a continuing education educator, an organization employing professionals, or otherwise misrepresent your affiliation with any person or entity. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships. Delete or modify any Material posted by any other person or entity without their permission. Submit an e-mail address that you do not own or for which you do not have the express permission of the owner to submit. Violate or attempt to violate the security of the Web Site including, without limitation: Accessing data not intended for such user or logging into a server or account that the user is not authorized to access; Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host or network, including, without limitation: submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, flooding, spamming, mailbombing or crashing; Sending unsolicited advertising, promotional materials, e-mail, junk mail, chain letters, or any other form of solicitation; or Forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Specific Prohibitions on Use The Web Site may be used only for lawful purposes by individuals seeking to gain knowledge about provided e-learning and online learning tools, products and services. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site. Taking any action which imposes an unreasonable or disproportionately large load on the Web Site's infrastructure. Using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation: browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer), except as provided herein. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. Aggregating, copying or duplicating in any manner any of the Material or Content available from the Web Site. Framing of or linking to any of the Materials or Content available from the Web Site. User Information When you register to purchase materials or services or when you identify yourself in order to request more information from the Company, you will be asked to provide the Company with certain information including, without limitation, a valid e-mail address. In addition to the terms and conditions that may be set forth in any privacy commitment on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your information. Disclaimer of Consequential Damages IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE, THE MATERIAL, OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Links to Other Sites The Web Site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of information on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. No Resale or Unauthorized Commercial Use You agree not to resell or assign your rights or obligations under these Terms and Conditions. You also agree not to make any unauthorized commercial use of the Web Site, the Materials, and the Content. Limitation of Liability The aggregate liability for the Company to you for all claims arising from the use of the Web Site, Materials, and Content is limited to $100 Indemnity You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material and the Content or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding. General The Company makes no claims that the Material or Content may be lawfully viewed or downloaded outside of the United States. Access to the Material and Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts serving Monroe County, New York. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in guidelines and/or additional terms of use for areas of the Web Site, a particular Legal Notice or Software License, or Material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of the Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page. Additional Terms of Use Certain areas of this Web Site are subject to guidelines and/or additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. Copyright © 2007 Distributed Insight Associates, Inc. All Rights Reserved.
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