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The NACLNC® Online Directory (“Directory”), NACLNC Association (“NACLNC”), including any educational and/or other materials (“Online Educational Materials”) are services offered within the proprietary websites operated by LegalNurse.com (the “Institute”), a division of Medical-Legal Consulting Institute, Inc., on behalf of, and for the benefit of, the membership of the National Alliance of Certified Legal Nurse Consultants (“NACLNC”). The Directory consists of services, which are solely for use either by individual NACLNC Association members who are authorized Member Users or by website visitors and/or qualifying members of the legal community who access the Directory as visitors. The NACLNC Association consists of those resources and services solely for access and use by individual NACLNC Association members who are authorized Member Users.
If you do not wish to be bound by this EULA or do not agree with any of the terms of this EULA click Decline at the end of this EULA, and you will be taken from the Institute’s website.
Use of this website, and any of the proprietary websites operated the Institute constitutes an acceptance of this EULA.
ONLINE EDUCATIONAL MATERIALS
All Online Educational Materials provided in or through the Member Services are copyrighted by Medical-Legal Consulting Institute, Inc./LegalNurse.com, and are provided to the Member User as the original licensee under a personal education license. These Online Educational Materials may not be transferred, sublicensed, resold, reproduced, copied or otherwise redistributed in whole or in part in any form without prior written permission of the licensor. By opening, viewing and/or listening to and/or continuing to use the Online Educational Materials you agree to the terms of the personal education license and this EULA.
Depending upon your Certification System purchase and/or permission level, the Institute hereby gives you a nonexclusive license to access and/or use some or all of the materials contained in the Online Educational Materials.
SCOPE OF LICENSE
All Online Educational Materials are licensed and not sold. This EULA only gives you some rights to view, access and/or download some or all of the Online Educational Materials where applicable. The Institute retains all other rights. You may use the Online Educational Materials only as expressly permitted in this EULA.
For those Online Educational Materials for which you have been granted access you may:
- Access and/or print the relevant portions of the Online Educational Materials for your personal use only, provided any copy contains the Institute’s copyright and any proprietary notices that may have been included in the same; and
- Access and/or view any videos for your personal use only (where applicable).
You may NOT:
- Copy or modify the Online Educational Materials or any portion thereof;
- Permit other individuals to use the Online Educational Materials or distribute, publish all or any portion of the same for others to view, listen, use or copy;
- Modify, translate, reverse engineer, decompile or disassemble (except to the extent applicable laws specifically prohibit such restriction) the Online Educational Materials;
- Create derivative works based on the Online Educational Materials other than for noncommercial or demonstrative use with attorneys;
- Rent, lease, broadcast or otherwise transfer rights to the Online Educational Materials.
USERNAME AND PASSWORD
Member Users will use their email address on file with the Institute as their username. NACLNC Association members have an initial password set by the Institute and, if they agree to become a Member User, they will be directed to change their password the first time they log in to or enter the Directory.
The username and password are required to access Member Services. Member Users may only access Member Services using their own username and password. They may not allow any other person to access any portion of the Member Services using their username and password and may not disclose the same to any other person.
Each Member User agrees to use their best efforts to ensure that their username and password remain secure and confidential, and Member Users are solely responsible for the security of their login information. Member Users are solely liable for all uses of any portion of the Member Services under their username and password, whether such use is authorized or unauthorized, and agree to be liable for any damages related to any unauthorized use.
In the event that a Member User forgets or changes their username, the username and password may be reset by the Institute. Any resetting of username or password may result in temporary delays in a Member User’s access to Member Services.
In the event that a Member User suspects that a loss, theft, unauthorized disclosure or unauthorized use of their username or password has occurred, the Member User must inform the Institute as soon as possible after discovering or suspecting the same. Until such time as the Institute receives notice of any breach of security, the Member User remains responsible for any damages resulting from any unauthorized use of any portion of the Member Services which may occur or result from the use of the Member User’s username or password.
GRANT/SCOPE OF LICENSE – USE OF MEMBER SERVICES
Upon acceptance of this EULA, a Member User is granted a nonexclusive license to use Member Services only in accordance with this EULA. As part of this EULA, a Member User may perform searches of the Directory and may print copies of any search results for personal use only as defined herein so long as any such print copy displays the Institute’s/NACLNC‘s copyright information and is not sold or otherwise redistributed.
Permitted Personal Uses
Permitted personal use of information contained in the Directory includes:
- Searching for CLNC subcontractors, employees, expert witnesses, consulting experts, testifying experts or for CLNC consultants to provide other CLNC-related services for the Member User;
- Advertising the availability of a Certified Legal Nurse Consultant/NACLNC Association member to perform any of the above CLNC services.
Restrictions and Prohibited Uses
Member Users may not assign, transfer or license any rights created by this EULA to any other party without the prior written consent of the Institute/NACLNC.
Member Users may not sell, distribute, redistribute, loan, lease or otherwise commercially exploit any Member Services, any search results from the Directory or any individual listings displayed in the Directory. Member Users may not transfer or forward any portion of Member Services. Member Users may not create any derivative works from Member Services or any portion of Member Services or combine all or any portion of the contents of Member Services with any other information for resale, redistribution, loan, lease or other commercial use. Member Users may not use the information contained in the Directory to enhance any existing database, directory book, electronic directory, directory website or other listing, online or otherwise.
Member Users may not market products or services of any character other than those described as “Permitted Personal Uses” (above), including, but not limited to, website design, educational offerings, association memberships, newsletters, exhibiting services, directories or other services, to any NACLNC Association member or party listed in the Directory or to any visitor.
To protect the NACLNC Association members from such advertising or solicitation, the Institute/NACLNC reserves the right to restrict the number of emails that a Member User may send to other Member Users in any 24-hour period to a number that the Institute/NACLNC deems appropriate in its sole discretion. In the event that any such marketing or excessive emailing is reported to the Institute/NACLNC, the access rights of the Member User violating this EULA shall be permanently terminated and will not be subject to reinstatement.
NACLNC ASSOCIATION MEMBER USER INFORMATION
As an NACLNC Association member or student, when you become a Member User, you have access to your address, phone numbers and other information currently on file with the Institute/NACLNC. As a Member User, you agree to provide the Institute/NACLNC with certain required information on the registration, account and shopping cart screens or forms. That information must be truthful, accurate, current and complete. It may include, but not be limited to, your legal name, company name (if any), address, telephone numbers, email address and other information. Any required information will be designated on any of these screens or forms with an asterisk (*).
The Institute/NACLNC expressly reserves the right, but not the obligation, to verify the accuracy of any registration information at any time, or from time to time.
If you have and maintain current CLNC Certification status you will also be given an opportunity to choose whether or not to participate in the Directory (i.e., have your information available to other Member Users and to visitors). In the event that you choose to participate in the Directory your information (address, phone numbers, etc.) will be available to other Member Users and visitors. Please choose carefully the information you agree to display in the Directory. Be aware that whenever you voluntarily post information to the Directory, that information can be accessed by other Member Users and visitors.
Additionally, you understand that members of the legal community, as well as other NACLNC Association members, may access the Directory and use the information contained therein. This may include hospital or corporate counsel, and plaintiff or defense attorneys. If you are a testifying expert, your listing is discoverable.
TERMINATION OF MEMBER USER ACCESS RIGHTS BY THE INSTITUTE/NACLNC
Please note that your Member User access to Member Services, Online Educational Materials and to any of your personal information will immediately cease upon expiration of your CLNC Certification or upon default on, or other failure to maintain current account payment status. Your CLNC Certification status, Directory listing and any Premium Features (Listing Upgrades, Priority Positions, etc.) you have purchased will also cease at that time. You may not be able to obtain the same or similar Premium Features upon reinstatement of your CLNC Certification. There are no refunds for unused or unexpired purchases of Premium Features.
Additionally, the Institute/NACLNC reserves the right to terminate at any time, or from time to time, the license and/or rights of any Member User to access all or any portion of Member Services and/or Online Educational Materials with or without cause, in the Institute’s sole and absolute discretion and without prior notice to the Member User. Reasons for any such termination may include, but are not limited to, violation of all or any portion of the Institute’s EULA and/or personal education licenses contained or referenced in any of the Institute’s educational programs/products and/or misuse of any of the Institute’s various trademarks, collective marks and/or service marks.
Texas state law and federal intellectual property law (construed without regard to Texas’ conflict of law rules) govern the interpretation of this EULA and applies to claims for breach of the same or misuse of the Online Educational Materials.
Title, ownership rights and intellectual property rights in and to the Online Educational Materials shall remain property of the Institute. The Online Educational Materials are protected by international copyright treaties.
You must accept the terms of this EULA in order to access the Online Educational Materials.
DISCLOSURE OF USER INFORMATION
The Institute/NACLNC expressly reserves the right to reveal any registration information regarding a Member User to comply with valid legal processes issued by a court of competent jurisdiction, such as search warrants, subpoenas or court orders, to protect the Institute’s/NACLNC‘s rights and property, or during emergencies when we believe the physical safety of a Member User, visitor or other party may be at risk.
USER WARRANTIES AND INDEMNIFICATION
As a Member User, you represent and warrant that you own all of any content you post on or through Member Services (i.e., resume, website link, etc.) or that you otherwise have a valid license to do so. You also represent and warrant that any content you post on or through Member Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of any such content you post on or through Member Services.
You agree to indemnify, defend and hold harmless the Institute, the NACLNC Association and their owners, officers, directors, employees, divisions, licensors, independent contractors and providers from and against any and all liability and costs (including attorneys’ fees and costs) incurred by any of said parties in connection with any claim arising out of any breach by you or by any third party through your username of any provision of this EULA or the above warranties.
You also agree to cooperate as fully as reasonably required in the defense of any such claims. The Institute/NACLNC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree that you shall not settle any claim related to your use of Member Services without the written consent of the Institute/NACLNC.
MEMBER SERVICES CONTENT AND HYPERTEXT LINKS
The Institute/NACLNC has no control over the content of any World Wide Web sites that may be accessed via hypertext links from Member Services or from any of the individual Member Users’ or advertisers’ listings therein. Member Users should be aware of the dangers presented by computer viruses, spyware, malware and content that may be offensive or harmful to a Member User and which may be distributed via the World Wide Web. Accessing any website from or through a link in Member Services is done at the sole risk of the Member User. The Institute/NACLNC is not liable or responsible for the content of any such site. If a Member User feels any content contained on a site linked from or through Member Services is inappropriate, this may be reported to the Institute/NACLNC via email to [email protected].
In the event that any website or webpage linked to or from Member Services is altered in such a way that the Institute/NACLNC, in its sole discretion, considers inappropriate, or if said website or webpage adds or contains links to any other website or webpage the Institute/NACLNC, in its sole discretion, considers inappropriate, the Institute/NACLNC reserves the right to reject or remove same. The Institute/NACLNC is under no obligation to remove the link to any such site whether or not such is reported to the Institute or NACLNC by any user.
Additionally, the Institute/NACLNC is not responsible for the propriety of any communication arising out of or through use of Member Services.
In the event that a third party links to the NACLNCdirectory.org website, this is not necessarily an indication of an endorsement, authorization, sponsorship, joint venture, partnership or other affiliation with or by the Institute/NACLNC or any of its affiliates or affiliated websites. In addition, in the event that a third party links to the NACLNCdirectory.org website, this does not imply that the Institute/NACLNC endorses or approves of such third-party website or any product, process or service offered for sale by such third party.
DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY AND REMEDIES
The Institute/NACLNC is not and shall not be liable for any claim, loss, injury or damages arising from the participation in, use of or inability to use Member Services. This disclaimer of liability includes, but is not limited to, any errors, omissions, interruptions in service, deletions of content, delay in delivery, transmission or operation, computer virus, spyware, malware, theft, destruction, copying, unauthorized access to, alteration of or use of records, files, images or data contained in Member Services, whether for breach of contract, tortious behavior, negligence or any other cause of action.
Although the Institute/NACLNC reserves the right to verify the accuracy of information published in Member Services, no warranty, express or implied, is made regarding any such information. This disclaimer applies to both isolated and aggregate uses of such information.
THE INSTITUTE/NACLNC PROVIDES THE MEMBER SERVICES ON AN “AS IS” BASIS. THE AUTHORS AND INSTITUTE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY, USEFULNESS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM.
YOU AGREE THAT ALL PARTICIPATION IN AND USE OF MEMBER SERVICES IS AT YOUR OWN RISK, AND THAT THE INSTITUTE/NACLNC WILL NOT BE HELD LIABLE FOR ANY ERRORS IN, OR OMISSIONS FROM, THE CONTENT OF MEMBER SERVICES OR FOR THE QUALITY OF THE SERVICES PROVIDED BY ANY MEMBER USER.
THE INSTITUTE IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS REPUTATION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES CAUSED BY OR RELATED TO USE OF, INABILITY TO USE OR FAILURE TO USE, THE MEMBER SERVICES.
The Institute/NACLNC assumes no liability or responsibility for the quality, content, accuracy or completeness of the information, text, graphics, links and any other items contained in Member Services or any other system or service of the Institute/NACLNC. The materials contained in this Directory are subject to change without notice. Changes may periodically be made to the materials, and these changes may or may not be incorporated in Member Services. If you have obtained information from a source other than this site, including sites accessed via hypertext links through Member Services, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out of date.
In no event shall the Institute/NACLNC be liable for any indirect, special, incidental, punitive or consequential damages, including personal injury or lost profits, arising out of the use, inability to use, or misuse of Member Services, even if the Institute/NACLNC has been advised or warned of the possibility of such damages.
Whether or not you choose to work with or for any Member User, visitor, attorney, law firm, or other individual or company as a result of contact through Member Services, it is at your own risk and is based on your subjective judgment after you or your representative interview the party. You agree that contact with any such Member User, visitor, attorney, law firm, or other individual or company is provided without any warranties by the Institute/NACLNC, written or oral, express or implied, including warranty of fitness for particular purpose, use or otherwise. The Institute/NACLNC assumes no liability or responsibility for any relationship you may form with such party.
You agree that it shall be your sole obligation and duty to negotiate fees with any such Member User, visitor, attorney, law firm, or other individual or company you choose to work with and to collect any fees owed for your services or pay fees you owe for services you receive from any other Member User. You further agree to release the Institute/NACLNC from any liability related thereto. You agree that the Institute/NACLNC is not and shall not be liable for any claim, loss, injury or damages arising from your participation in Member Services or listing in the Directory.
Additionally, you agree that the Institute/NACLNC is not and shall not be liable for any claim, loss, injury or damages arising from your correspondence or business dealings with, or participation in promotions of, other Member Users or visitors found in or through Member Services, including payment for or delivery of related services or goods, or any other terms, conditions, warranties or representations associated with such dealings. Any such actions or dealings are solely between the Member User and such other Member User or visitor. You agree that the Institute/NACLNC shall not be responsible or liable for any such claim, loss, injury or damage of any sort incurred as the result of any such dealings.
TERMINATION OF ACCESS RIGHTS BY THE MEMBER USER
If you wish to terminate your access rights as a Member User, please do so by contacting the Institute/NACLNC in writing either by sending an email to [email protected] or by contacting the Institute/NACLNC in writing at: National Alliance of Certified Legal Nurse Consultants, 12645 Memorial Drive, Ste F1 #181, Houston, Texas 77024.
The Institute/NACLNC may or may not, in its sole discretion, send you a confirmation notice to either your email address or regular mailing address that your access rights have been terminated.
RESTORATION OF ACCESS RIGHTS BY THE MEMBER USER
In the event that you voluntarily terminate your access rights as a Member User, you may re-enable those rights at any time, or from time to time, as long as your rights were not terminated by the Institute/NACLNC as set out above and you have current CLNC Certification status. To re-enable your Member User rights, you must contact the Institute to receive instructions for again becoming a Member User. Such re-enabling may take up to three (3) business days.
In the event your access rights as a Member User were terminated by the Institute/NACLNC for failure to maintain current payment status you may re-enable your Member User rights upon payment of any outstanding balances owed as of the date of reinstatement and restoration of your account to “current” (not past-due or arrears) status. To re-enable your Member User rights, you must contact the Institute to verify your account status and receive instructions for again becoming a Member User. Such re-enabling may take up to two (2) business days.
NOTIFICATION OF CHANGES
The Institute/NACLNC may at any time, or from time to time, modify, delete, change, add, eliminate or restrict use of any features, data or content of Member Services including, but not limited to, availability of access, hours of access, number of email messages permitted or persons permitted to use or access Member Services.
In the event that you disagree with any modification to this EULA, access changes or limitations, content of Member Services or practice of the Institute/NACLNC, your only remedy is to terminate your use of Member Services and deliver proper notice to the Institute/NACLNC of the same.
PROPRIETARY MATERIALS, TRADEMARKS AND SERVICE MARKS
The database and all other information contained within Member Services are the sole property of the Institute and the NACLNC Association and are protected under federal and international copyright law. NACLNC® Directory, NACLNCdirectory.org, NACLNC® and CLNC® are trademarks, service marks or certification marks belonging to the Institute. Other logos or trademarks, service marks or certification marks may also be present in Member Services and are the sole property of the respective mark owners.
The contents of Member Services including, but not limited to, photographs, text, design elements, graphics, images and search technology design, are the sole property of the Institute/NACLNC.
You agree that the Institute/NACLNC may select, use, resell or reassign any Premium Features left unselected by the CLNC consultant after thirty (30) days.
The failure of the Institute/NACLNC at any time, or from time to time, to enforce any provisions of this EULA shall not be construed as a waiver of any rights of the Institute/NACLNC or of any particular provision of this EULA.
This EULA and your agreement to the same constitute the entire agreement between you and the Institute/NACLNC regarding Member Services, Online Educational Materials and the use of the NACLNCdirectory.org website. This EULA and your agreement supersede any prior agreements, EULAs or understandings between you and the Institute/NACLNC with respect to Member Services and/or Online Educational Materials.
This EULA is accepted upon your use of any Member Services, Online Educational Materials or the NACLNCdirectory.org website and is further affirmed by your becoming a Member User.
The section titles in this EULA are for convenience only and have no legal or contractual effect.
This EULA operates to the fullest extent permissible by law. If any provision of this EULA is unlawful, void or unenforceable, that provision is deemed severable from this EULA and does not affect the validity and enforceability of any remaining provisions.
Use of this, or any of the Institute’s proprietary websites, constitutes an acceptance of its EULA.
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