Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. This site (www.litmgmt.org) and
all content, information and services accessible through it is made available by
Council on Litigation Management ("CLM") and may be used only under the
following terms and conditions.
By accessing this web site, you are agreeing to be bound by these web site Terms
and Conditions of Use, all applicable laws and regulations, and agree that you are
responsible for compliance with any applicable local laws. If you do not agree with
any of these terms, you are prohibited from using or accessing this site. The materials
contained in this web site are protected by applicable copyright and trade mark
law.
1. License
1.1 Grant. User is granted a non-exclusive, non-transferable, revocable,
limited license to access and use this website on any single computer for personal,
non-commercial use. This license may be terminated by CLM without notice at any
time and for any reason.
1.2 Limitations. Permission is granted to temporarily download
materials on CLM's web site for personal, non-commercial transitory viewing only.
This is the grant of a license, not a transfer of title, and under this license
you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (whether
commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on CLM's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other
server.
2. Registration. Portions of this website may require registration
to access and use information and services. If User elects to register, User agrees
to provide CLM with accurate, complete registration information. User agrees to
be responsible for access and use of this site under User’s name and password, whether
User has knowledge or, or authorizes, such access.
3 Use of the Site.
3.1 For Lawful Use Only. The User may not publish, submit or otherwise
make available any materials on this site that are unlawful or deceptive in any
way. CLM may delete any of User's materials at any time, without prior notice and
at CLM’s sole discretion.
3.2 No Obligation to Monitor. CLM has no obligation to edit, monitor
or screen materials on this website and is not responsible for the content in, or
linked to or from such materials.
3.3 Attorney-Client Relationship & Confidentiality. User acknowledges
that no attorney-client relationship is, or will be, formed through the use of this
site, and that User has no expectation of privacy or confidentiality of communications
occurring through User’s use of this site. The hiring of an attorney is a critical
decision and should not be predicated solely on comments, recommendations, advertisements,
or other materials contained on this site or any other website.
4. Attorney Ethics & Practice of Law. If User is an attorney, User
acknowledges that the Rules or Codes of Professional Conduct ("Rules")
of the jurisdiction(s) in which User is licensed shall apply to all aspects of User's
participation. CLM disclaims all responsibility for User's compliance with these
rules.
5. No Legal Advice or Practice of Law. CLM provides information
on law and legal topics and is designed for informational purposes only. Under no
circumstances is CLM, or any third party participating in this website, providing
legal advice or representation, and nothing on this site shall be intended as a
substitute for legal advice from an attorney.
5(a) No Endorsement. CLM does not select, approve, or otherwise
endorse any particular attorney, law firm, or provider of legal services on this
site. Any and all such recommendations are from third parties and are inherently
subjective in nature, could be inaccurate or incomplete, and are difficult or impossible
to verify. Therefore, CLM expressly disclaims any representation or warranty that
such Posted Materials are correct or reliable. UNDER NO CIRCUMSTANCE SHALL CLM HAVE
ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH
THIS SITE. SUCH RELIANCE SHALL BE SOLELY AT USER'S OWN RISK.
6. Third Party Content. Third party content, messages and services
may appear on this site or may be accessible through links on this site. CLM is
not responsible, and assumes no liability, for any mistakes, misstatements of law,
defamation, slander, libel, omissions, falsehood or obscenity in the statements,
opinions, representations or any other form of content contained in any third party
content appearing on or accessible from this site. User acknowledges that the information
and opinions in the third party content are neither endorsed or controlled by, nor
reflect the beliefs of, CLM.
7. DISCLAIMER OF WARRANTIES. THIS WEBSITE IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, CLM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
CLM MAKES NO WARRANTY THAT ACCESS TO THIS SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED,
SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CLM DISCLAIMS ALL
RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING
FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) USE OF THIS SITE, (B) THE ACCESS
OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN
THIS SITE, (C) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, OR (D) USER'S
USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THIS SITE.
8. Limitations. In no event shall CLM or its suppliers be liable
for any damages (including, without limitation, damages for loss of data or profit,
or due to business interruption,) arising out of the use or inability to use the
materials on CLM's Internet site, even if CLM or a CLM authorized representative
has been notified orally or in writing of the possibility of such damage.
8(a) Indemnification. User agrees to defend, indemnify and hold
CLM harmless from any and all liabilities, costs and expenses, including reasonable
attorney’s fees, related to any violation of these terms and conditions by you.
9. Limitation of Claims. Except for claims relating to improper
use of this site, no claim, regardless of form, which in any way arises out of this
Agreement, may be made, if such claim is brought more than one year after the basis
for the claim becomes known to the party asserting it.
10. Modifications. CLM may revise these terms of use for its web
site at any time without notice. By using this web site you are agreeing to be bound
by the current version of these Terms and Conditions of Use.
11. General Provisions. Any claim relating to CLM's web site shall
be governed by the laws of the State of New York without regard to its conflict
of law provisions. The parties agree that the state and federal courts sitting in
New York will have exclusive jurisdiction over any claim arising out of this Agreement
and each party consents to the exclusive jurisdiction of such courts. Should any
provision of this Agreement be held to be void, invalid, unenforceable or illegal
by a court, the validity and enforceability of the other provisions will not be
affected thereby. Failure of any party to enforce any provision of this Agreement
will not constitute or be construed as a waiver of such provision or of the right
to enforce such provision.
Updated May 30, 2009