Terms & Conditions: Site Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Access and use of westlegaledcenter.com ("West LegalEdcenter", "us", "we", or "the Site") is subject to compliance by you (referred to as "you" or "user") with the terms and conditions set forth herein. This document should be examined carefully before accessing or using West LegalEdcenter.

By accessing or using West LegalEdcenter, you agree to be legally bound by the terms and conditions set forth herein, and you may not access or use West LegalEdcenter if you do not agree to be so bound.

The terms and conditions set forth herein may be modified, at the discretion of West LegalEdcenter, at anytime, and any such modification shall be effective immediately upon the posting of the modified terms and conditions. Through your continued access and use of West LegalEdcenter you agree to periodically review these terms and conditions and to be bound by such future modification. Continued use of the Site following any such change means you accept and will abide by the change.

Under no circumstances is West LegalEdcenter providing legal advice. This site provides information of a legal nature and is designed for educational purposes only. It is not meant to be a substitute for legal advice from an attorney, with whom you should consult with for any specific legal concern. Neither West LegalEdcenter, nor West Group, endorses any of the viewpoints contained in any seminar, case or material expressed in or accompanying a seminar. Such viewpoints are solely those of the relevant content providers.

West LegalEdcenter takes no responsibility for the timeliness of the information presented in the seminars, on the site, or in our database. The primary source materials included in our database are included only for the reference of the user. West LegalEdcenter does not warrant that any seminar or information is up-to-date or that any case or material referenced in a seminar or included in our database is the law at the current moment.

West LegalEdcenter takes no responsibility for the accuracy of the information related to continuing legal requirements in any jurisdiction. Such information is provided only for the convenience of the user. Such requirements information is subject to change without notice, and each user should consult his or her local bar association or continuing legal education board for up-to-date information.

USE OF MATERIALS

NO CONTENT FROM THIS SITE MAY BE COPIED, REPUBLISHED, UPLOADED, OR OTHERWISE DISTRIBUTED. NOTWITHSTANDING, YOU MAY DOWNLOAD ONE COPY OF THE MATERIALS ON ANY SINGLE COMPUTER FOR YOUR PERSONAL, NON-COMMERCIAL USE, SO LONG AS ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES REMAIN INTACT AND ARE PROMINENTLY DISPLAYED. YOU MAY NOT SUBLICENSE, TRANSFER OR OTHERWISE MAKE AVAILABLE ANY CONTENT TO ANY THIRD PARTY FOR COMMERCIAL PURPOSES OR FINANCIAL GAIN OR USE THE CONTENT IN ANY OTHER MEDIA OR IN ANY LOCATION. YOU MAY NOT ALTER OR MODIFY THE CONTENT IN ANY WAY.

USER PRIVACY

West LegalEdcenter respects the privacy of its users. Therefore, we will not monitor, edit, or disclose the contents of any e-mail or other communication with West LegalEdcenter unless required in the course of normal maintenance of West LegalEdcenter and its systems or unless required to do so by law or in the good faith belief that such action is necessary to (a) comply with the law or comply with legal process served on West LegalEdcenter or West Group; or (b) protect or defend the rights or property of West LegalEdcenter or West Group. Users shall remain solely responsible for the content of their messages, regardless of what the content is. All personal information collected through West LegalEdcenter is provided on a voluntary basis by West LegalEdcenter users and visitors through a visible means of data entry or by collecting information using a registration form.

Upon request, West LegalEdcenter will (a) remove you and your personal information from our database; (b) correct personal information that you state is erroneous; or (c) permit you to "opt out" of further e-mail contact (excepting notification of major changes to the service) while still allowing you to access West LegalEdcenter.

West LegalEdcenter logs IP addresses for systems administration and troubleshooting purposes. Your IP address indicates the location of your computer on the Internet.

West LegalEdcenter may also gather anonymous information that may be used by West LegalEdcenter or West Group or shared with third parties. This information does not personally identify you, but may be helpful in improving the services offered. Generally this information is collected through "traffic data" and may entail the use of "cookies," "IP addresses," or other numeric codes used to identify a computer.

COOKIES

"Cookies" give users a special, random ID that are small text files, which are stored on the hard drive of a user's computer. The use of cookies is an industry standard. West LegalEdcenter employs cookies to recognize you and your access privileges for certain locations on the West LegalEdcenter sites as well as to track site usage. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. Members or visitors who do not accept cookies from West LegalEdcenter cannot access some areas of West LegalEdcenter.

West LegalEdcenter may, in its sole discretion, perform statistical analysis of the collective characteristics and behavior of users to measure interests in the various areas of West LegalEdcenter (for product development and other business development purposes).

Users should be aware that when they are on West LegalEdcenter, they could be directed to other sites that are beyond the control of West LegalEdcenter. There may be links to other sites from West LegalEdcenter pages that take you outside our services. These may include links from sponsors and partners that may use the Site as part of a co-branding agreement with West LegalEdcenter. These other sites may send their own cookies to users, collect and track data, or solicit personal information.West LegalEdcenter does not endorse the content found on such third-party sites. You assume sole responsibility for your use of third-party links and pointers.

Please keep in mind that whenever you give out information online – including, for example, posting a message to a discussion group – that information can be collected and used by people you do not know. West LegalEdcenter cannot guarantee the security of any information you disclose online, and you do so at your own risk. West LegalEdcenter cannot control the acts of its members or visitors who use the interactive features of West LegalEdcenter. You provide personal information, such as name, e-mail address, mailing address, and phone number during such use at your own risk, as they may be used by other parties outside of West LegalEdcenter for unsolicited e-mail or other contact.

Your account with West LegalEdcenter is password-protected so that only you can access it. West LegalEdcenter strongly recommends that you do not provide your password information to anyone.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site, are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by West LegalEdcenter and/or West Group.

By publishing, uploading or submitting any materials to us, including messages posted in our discussion groups or chat rooms, you automatically grant (or warrant that the owner of such rights has expressly granted) West LegalEdcenter and West Group a perpetual, royalty-free, irrevocable, nonexclusive right and license (with the right to grant sublicenses) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute such materials, incorporate such material and otherwise exploit all content or information you publish on the Site into any form, medium or technology, now known or later developed. You further agree that all such communications you make to the Web site shall not be deemed confidential. By your acceptance of these terms and conditions you agree to waive all recourse against West LegalEdcenter or West Group for any alleged or actual infringement or misappropriation of any proprietary or confidential publications or communications to West LegalEdcenter.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

West LegalEdcenter makes no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdiction. If you choose to access the Site, you do so on your own initiative and risk and you are responsible for compliance with all applicable laws.

WEST LEGALEDCENTER DOES NOT IN ANY WAY OPERATE, CONTROL OR ENDORSE ANY PRODUCTS, SERVICES OR INFORMATION APPEARING ON WEST LEGALEDCENTER. YOU UNDERSTAND AND AGREE THAT WEST LEGALEDCENTER CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT FILES, SOFTWARE OR INFORMATION OF ANY KIND OR FROM ANY SOURCE AVAILABLE FOR DOWNLOADING THROUGH WEST LEGALEDCENTER WILL BE FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MAY MANIFEST HARMFUL AND DESTRUCTIVE PROPERTIES.

BECAUSE OF THE POSSIBILITY OF HUMAN, TECHNICAL AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, WEST LEGALEDCENTER IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. THE MATERIALS IN WEST LEGALEDCENTER ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEST LEGALEDCENTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, WEST LEGALEDCENTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE WEST LEGALEDCENTER SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEST LEGALEDCENTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON WEST LEGALEDCENTER IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WEST LEGALEDCENTER) SHALL BEAR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE CREDIT TRACKING SECTION OF WEST LEGALEDCENTER CONTAINS SOME INFORMATION A USER HAS PROVIDED TO WEST LEGALEDCENTER. ALTHOUGH WEST LEGALEDCENTER WILL MAINTAIN A RECORD OF THIS INFORMATION, WEST LEGALEDCENTER IS NOT RESPONSIBLE FOR CONFIRMING WHETHER AN EXTERNAL COURSE ATTENDED BY ANY USER WAS ACTUALLY ACCREDITED FOR CONTINUING LEGAL EDUCATION IN ANY JURISDICTION OR WHETHER THAT USER IN FACT EARNED THOSE CREDITS. AS A CONSEQUENCE WEST LEGALEDCENTER IS NOT LIABLE FOR ANY MISINFORMATION, OMISSION OR MISSTATEMENT ARISING FROM THE CREDITS RECORDED AND MAINTAINED IN THE CREDIT TRACKING SECTION.

UNDER NO CIRCUMSTANCES SHALL WEST LEGALEDCENTER BE LIABLE TO THE USER AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, ARISING FROM THE USE OF THIS SITE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF WEST LEGALEDCENTER OR A WEST LEGALEDCENTER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WEST LEGALEDCENTER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

CHOICE OF LAW

The user’s access to and use of the West LegalEdcenter Web site, and the terms of this disclaimer are governed by the laws of the State of Minnesota, without reference to conflicts of laws and without regard to its location of execution or performance.

FORUM

You hereby agree that any and all disputes which may arise shall be litigated before a Court located in the State of MINNESOTA, U.S.A., to the exclusion of the Courts of any other state or country.

WESTLAW

All usage of Westlaw as a result of linkage from West LegalEdcenter is governed by the terms of the applicable Westlaw subscriber agreement. Users are responsible for all Westlaw fees generated when linking from West LegalEdcenter.

TERMINATION

These terms and conditions are effective until terminated by either party. You may terminate these terms and conditions at any time by destroying all copies of seminars and materials obtained from West LegalEdcenter, whether accepted under the terms and conditions hereof or otherwise. These terms and conditions will terminate immediately without notice from West LegalEdcenter if, in the sole discretion of West LegalEdcenter, you fail to comply with any term or condition or provision of a term or condition of this Agreement. Upon termination by West LegalEdcenter, you must destroy any copy of a seminar or materials obtained from this Site, whether accepted under the terms and conditions hereof or otherwise.