Terms and Conditions
TERMS OF USE OF ATTORNEY JOBS ONLINE WEBSITE(S)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING AJO WEBSITE(S).
Access to and use of AJO Website(s) is subject to the terms and conditions of the Terms of Use of AJO Website(s) ("Agreement"), a legal document between you and West, a Thomson business ("West") or between West and the entity you represent. As used herein, you and/or the entity you represent are collectively referred to as "Subscriber." Please read the Agreement. If you do not agree with the terms and conditions of the Agreement, do not use the AJO Website(s). By continuing, you agree to be bound by the terms and conditions and represent you have the authority to contract on behalf of the entity you represent. The terms and conditions herein also govern access to updates, and/or new versions of AJO Website(s), if any, that may be available from time to time.
1. Subscription.
a. Grant. West grants Subscriber a non-exclusive, non-transferable, limited right to access AJO Website(s) for purposes of 1) posting Subscriber’s resume and/or similar employment candidate submissions ("Candidate Profile(s)"); and/or 2) searching for employment information and/or opportunities. AJO Website(s) are protected by copyright and various U.S. and international patent applications.
b. Copying. Aggregating, copying or duplicating in any manner any of the materials or information available on AJO Website(s) is prohibited. Notwithstanding the foregoing,Subscriber may create print-outs for Subscriber’s own personal use of 1) job postings for which Subscriber is considering applying; and/or 2) Subscriber’s own personal Candidate Profile and/or other Subscriber postings to the AJO Website(s).
c. Security Rules. Subscriber is prohibited from violating or attempting to violate the security of AJO Website(s), including, without limitation: (a) accessing data not intended for such Subscriber or logging into an account which the Subscriber is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any Subscriber, host or network, including, without limitation, via means of submitting a virus to the website,overloading, "flooding", "spamming", "mail bombing" or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or(e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. West may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations.
d. Other Restrictions. AJO Website(s) may be used only for lawful purposes by individuals seeking employment and career information, employers seeking employees, and search firms seeking candidates for their searches. West specifically prohibits any use of AJO Website(s), and all Subscribers agree not to use AJO Website(s), for any of the following: (i) posting any incomplete, false or inaccurate biographical information or information which is not Subscriber’s own accurate Candidate Profile (living individual seeking employment on his or her own behalf); (ii)deleting, revising, or altering any material posted by any other person; (iii) using any device, software or routine to interfere or attempt to interfere with the proper working of AJO Website(s) or any activity being conducted on AJO Website(s); (iv) taking any action that imposes an unreasonable or disproportionately large load on AJO Website(s)’ infrastructure; (v) disclosing to, or sharing Subscriber’s password and/or user ID with, any third parties or using such password or user ID for any unauthorized purpose; (vi) 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 AJO Website(s) other than the AJO Website search engine and search agents and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); (vii) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any AJO website; (viii) framing of or linking to any of the materials or information available from AJO Website(s). Modification of the materials contained on AJO Website(s) or use of such materials for any purpose other than as allowed under this Agreement is a violation of West's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited.
2. Title. Subscriber hereby acknowledges and agrees that all right, title and interest in and to the AJO Website(s) are, and shall remain, vested solely in West , and Subscriber shall not hold itself out as having any ownership or other rights with respect thereto, except as specifically granted hereunder. Unless otherwise noted, all materials, including West and other companies' logos, images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this website are copyrights, trademarks, service marks,trade dress, domain names, and/or other intellectual properties owned, controlled or licensed by West, its affiliates, or the organizations with which West has arranged to post materials on AJO Website(s).
3. Charges and Modification of Charges. Charges payable by Subscriber for access to AJO Website(s) ("AJO Charges") will be as set forth on the AJO Website(s) registration website.Subscriber agrees that AJO Charges will be charged by West to Subscriber’s credit card pursuant to information provided by Subscriber on the AJO Website(s) registration website.Upon conclusion of the Initial Term (as defined below), this Agreement and subscriptions to AJO Website(s) will automatically renew on a month-to-month basis at then-current monthly rates, until such subscription is cancelled upon written request by Subscriber. Subscriber may cancel at any time, but charges will not be prorated. West may modify then-current monthly rates at any time without notice. Information pertaining to cancellation can be found under the Contact Us link. AJO Charges are exclusive of applicable sales, use, value added tax (VAT)or equivalent, and other taxes, which are Subscriber’s responsibility.
4. Limitation of Liability. AJO Website(s) only act as venues for candidates to post Candidate Profiles, search for jobs, and/or obtain career information and advice, and for employers and search firms to search for Candidate Profiles and/or post jobs, and in the case of search firms, to post Candidate Profiles. West is not involved in the actual transaction between employers and candidates or search firms and candidates. As a result, West is under no legal obligation to ensure and has no control over the quality, safety or legality of the information posted, the truth, accuracy, or timeliness of the information, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. The use of AJO Website(s), job information, career information, Candidate Profiles, and information received from employers and search firms is at Subscriber’s own risk. Subscriber acknowledges and agrees that he/she is solely responsible for the form, content and accuracy of any information placed by Subscriber on AJO Website(s). By posting information on AJO Website(s),Subscriber acknowledges that he/she is cognizant that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. Subscriber assumes all risks associated with dealing with other users with whom he/she comes in contact through AJO Website(s).Because user authentication on the Internet is difficult, West cannot and does not confirm that each user is who he, she, or it claims to be. Because West does not and cannot be involved in user-to-user dealings or control the behavior of participants on AJO Website(s), in the event that Subscriber has a dispute with one or more users, Subscriber hereby releases West (and its agents, employees, and/or affiliates) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If Subscriber is a California resident, Subscriber waives California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Subscriber’s exclusive remedy and West’s and/or its’ affiliates’ entire liability under this Agreement, if any, for any claim(s) for damages relating to AJO Website(s) which are made against them individually or jointly, whether based in contract or negligence shall be limited to the aggregate amount of charges paid by Subscriber relative to the AJO Website(s) subscription during the 12-month period immediately preceding the event giving rise to such claim(s).
5. DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AJO WEBSITE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF AJO WEBSITE(S). THE PERFORMANCE OF AJO WEBSITE(S) VARIES WITH VARIOUS MANUFACTURERS' EQUIPMENT WITH WHICH IT IS USED. CERTAIN SOFTWARE USED BY SUBSCRIBER MAY NOT BE CAPABLE OF SUPPORTING AJO WEBSITE(S). WEST DOES NOT WARRANT THE LEVEL OF PERFORMANCE OF AJO WEBSITE(S) OR THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET SUBSCRIBER'S REQUIREMENTS,OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. WEST MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, ADEQUACY, OR CURRENCY OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF AJO WEBSITE(S) ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA.SUBSCRIBER ACKNOWLEDGES AND AGREES THAT USE OF INFORMATION FROM AJO WEBSITE(S), USE OF LINKS FROM THIS WEBSITE, AND/OR DISCLOSURE OFSUBSCRIBER’S POSTINGS/COMMUNICATIONS TO THIRD PARTIES IS ATSUBSCRIBER’S OWN RISK. WEST DOES NOT CONTROL THE AVAILABILITY AND CONTENT OF OUTSIDE SERVICES AND RESOURCES AND ANY CONCERNS REGARDING ANY SUCH SERVICE OR RESOURCE, OR ANY LINK THERETO, SHOULD BE DIRECTED TO THE PARTICULAR SERVICE OR RESOURCE. WEST DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF COMMUNICATIONS POSTED BY CANDIDATES, EMPLOYERS, SEARCH FIRMS, OR OTHER USERS, OR ENDORSE ANY OPINIONS EXPRESSED BY THEM. SUBSCRIBER ACKNOWLEDGES THAT ANY RELIANCE ON MATERIAL POSTED WILL BE ATSUBSCRIBER’S OWN RISK. WEST DOES NOT WARRANT THAT SUBSCRIBER’SACCOUNT INFORMATION WILL REMAIN SEGREGATED FROM OTHER ACCOUNT INFORMATION WITHIN WEST’S INTERNAL SYSTEMS. AJO WEBSITE(S) ACT AS PASSIVE CONDUITS FOR THE ONLINE DISTRIBUTION AND PUBLICATION OF USER SUBMITTED INFORMATION AND WEST HAS NO OBLIGATION TO SCREEN COMMUNICATIONS OR INFORMATION IN ADVANCE. WEST IS NOT RESPONSIBLE FOR SCREENING OR MONITORING MATERIAL POSTED BY USERS. IF NOTIFIED BY A USER OF COMMUNICATIONS THAT ALLEGEDLY DO NOT CONFORM TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WEST MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN GOOD FAITH AND IN ITS SOLE DISCRETION WHETHER TO REMOVE OR REQUEST THE REMOVAL OF THE COMMUNICATION. WEST HAS NO LIABILITY OR RESPONSIBILITY TO USERS FOR PERFORMANCE OR NONPERFORMANCE OF SUCH ACTIVITIES. WEST RESERVES THE RIGHT TO EXPEL USERS AND PREVENT THEIR FURTHER ACCESS TO AJO WEBSITE(S) FOR VIOLATING THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE LAW AND ALSO RESERVES THE RIGHT TO REMOVE COMMUNICATIONS THAT ARE ABUSIVE, ILLEGAL,OR DISRUPTIVE. WEST MAY TAKE ANY ACTION WITH RESPECT TO USER SUBMITTED INFORMATION THAT IT DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION IF IT BELIEVES SUCH INFORMATION MAY CREATE LIABILITY FOR WEST AND/OR ITS AFFILIATES, OR MAY CAUSE WEST TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF ITS INTERNET SERVICE PROVIDER(S) OR OTHER SUPPLIERS. BY SUBMITTING CONTENT TO AJO WEBSITE(S), SUBSCRIBER PERMITS ANY SUBSCRIBER TO ACCESS, SEARCH, DISPLAY, VIEW, STORE AND REPRODUCE SUCH CONTENT FOR PERSONAL USE. THE INFORMATION CONTAINED AT THIS WEBSITE HAS BEEN PREPARED BY WEST AS A SERVICE TO OUR USERS AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. CONTENT ON AJO WEBSITE(S) MAY BE PROVIDED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES,OFFERS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, USERS OR OTHERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND DO NOT NECESSARILY STATE OR REFLECT THOSE OF WEST. WEST IS NOT TO BE CONSIDERED AN EMPLOYER WITH RESPECT TO SUBSCRIBER’S USE OF AJO WEBSITE(S) AND SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON MADE, MADE BY ANY INDIVIDUAL OR ENTITY USING AJO WEBSITE(S). IN NO EVENT WILL WEST AND/OR ITS AFFILIATES BE RESPONSIBLE FOR INADVERTANT CONTACT OF SUBSCRIBER BY WEST’S AND/OR ITS AFFILIATES’ EMPLOYEES,REPRESENTATIVES OR AGENTS. IN NO EVENT WILL WEST, AND/OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT,INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OF AJO WEBSITE(S), EVEN IF WEST, AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification. Subscriber agrees to defend, indemnify, and hold harmless West, 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 Subscriber’s use of AJO Website(s) or Subscriber’s breach of the terms of these Terms and Conditions of Use.
7. Candidate Submissions. As a candidate for employment, Subscriber is responsible for his/her own communications and is responsible for the consequences of posting of any such communications. Subscriber agrees not to do the following: (i) post material that is copyrighted, unless Subscriber is the copyright owner or has the permission of the copyright owner for such posting; (ii) post material that reveals trade secrets, unless Subscriber owns them or has the permission of the owner; (iii) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v) post a sexually-explicit image or statement; (vi) post advertisements or solicitations of business; (vii) post chain letters or pyramid schemes; (viii) impersonate another person and/or provide false information on the AJO Website(s) registration site; and/or (ix) post material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
8. Registration, Information, User ID, and Password. Subscriber is responsible for maintaining the confidentiality of his/her registration, information, user ID, and password.Subscriber shall be responsible for all uses of his/her registration, information, user ID, or password, whether or not authorized by Subscriber. Subscriber agrees to immediately notify West of any unauthorized use of his/her registration, information, user ID, or password.
9. Customer Confidential Information. "Customer Confidential Information" shall mean Customer’s 1) Candidate Profile or other resume-type document posted to AJO Website(s);and/or 2) other postings to AJO Website(s) related to Customer’s employment and/or search for employment not generally known by third parties. Customer West will use commercially reasonable efforts to protect Customer Confidential Information and will only disclose Customer Confidential Information to its officers, directors, employees, affiliates, agents and representatives who have a "need to know" and will only use Customer Confidential Information in order to fulfill its obligations hereunder. West will not use Customer Confidential Information as a basis for marketing and/or sales activity. Customer Confidential Information will not include information which: (a) is or becomes available to the general public through no fault of West; (b) is independently developed by West; (c) is rightfully received by West from a third party without a duty of confidentiality; (d) West can document was known to it or in its possession on a non-confidential basis prior to the date of disclosure by Customer, or (e) West is required by law to disclose. Upon termination of this Agreement and upon Customer’s written request, West agrees to destroy any material that contains Customer Confidential Information provided to West by Customer that West has in its possession or that is under West’s control, excluding however, copies of this Agreement and any account set-up or other information that West is legally required maintain for audit or similar purposes.
10. Term and Termination. This Agreement will become effective on the date Subscriber’s order is processed by West and will continue in effect for the initial term selected by Subscriber at the time of registration ("Initial Term"). Upon conclusion of the Initial Term, this Agreement will automatically renew on a month-to-month basis. Notwithstanding the foregoing, (i) West may terminate this Agreement or suspend Subscriber’s ability to access AJO Website(s), including AJO Website(s) content and services, at any time for any reason,with or without notice; (ii) Subscriber’s ability to access or use AJO Website(s) will terminate immediately without notice if, in West’s sole discretion, Subscriber fails to comply with any term or provision in this Agreement or if West is unable to verify or authenticate any information Subscriber submits to West; or (iii) Subscriber may terminate this Agreement immediately upon giving written notice of termination to West. Upon termination for any reason, Subscriber must destroy all materials obtained from AJO Website(s) and all copies thereof, whether made under the terms and conditions of this Agreement or otherwise.
11. Effect of Agreement. This Agreement embodies the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Except as otherwise provided in this Agreement,West may amend the terms and conditions of this Agreement by giving Subscriber at least 30 days prior online notice.
12. Force Majeure. West shall not be liable for any delay or failure in performing hereunder if caused by factors beyond its reasonable control, such as acts of God, acts of any government, war or other hostility,civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute,inability to obtain necessary supplies and the like.
13. Notices. Except as otherwise provided herein, all notices must be in writing to West at 610 Opperman Drive, P.O. Box 64833, St. Paul, Minnesota 55164-1803, Attention: Customer Service, and to Subscriber at the address provided during the registration process.
14. General Provisions. This Agreement will be governed by and construed under the law of the state of Minnesota, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sub licensed or otherwise transferred by Subscriber without West's prior written consent. Any attempt to assign or transfer in violation of this Section shall be null and void. 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. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
15. U.S. Government Customers. Use, duplication or disclosure by the Government is subject to restrictions set forth in sub paragraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Product clause in DFARS 252.227-7013, or in subdivision (c)(1) and (c)(2) of the Commercial Computer Product – Restricted Rights clause at 48 CFR 52.227-19, as applicable, and in similar clauses in the NASA FAR Supplement.
TERMS OF USE OF ATTORNEY JOBS ONLINE ("AJO") WEBSITE(S) FOR LAW SCHOOL CAREER SERVICES OFFICES
AGREEMENT entered into between ________ (“Subscriber”) and WEST, a Thomson business (“West”) regarding Westlaw, its Attorney Jobs Online (“AJO”) website(s), as follows:
1. Subscription.
a. Grant. West grants Subscriber a non-exclusive, non-transferable, limited right to access AJO Website(s) for purposes of making AJO Website(s) available to 1) law students currently enrolled at or graduating from, or graduates of, or incidental walk in patrons; or 2) faculty, staff and/or administrative personnel (collectively “Users”) of the law school identified below (“Law School”) to enable Users a) post User’s resume and/or similar employment candidate submissions (“Candidate Profile(s)”); and/or 2)search for employment information and/or opportunities. AJO Website(s) are protected by copyright and various U.S. and international patent applications.
b.Copying. Aggregating, copying or duplicating in any manner any of the materials or information available on AJO Website(s) is prohibited. Notwithstanding the foregoing,Subscriber may create print-outs for internal use of 1) job postings for which Users are considering applying; and/or 2) Users’ personal Candidate Profiles and/or other User postings to the AJO Website(s).
c. Security Rules. Subscriber and its Users are prohibited from violating or attempting to violate the security of AJO Website(s), including, without limitation: (a) accessing data not intended for such Subscriber and/or Law School Users or logging into an account which the Subscriber is not authorized to access; (b) attempting to probe,scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other subscriber or users, host or network, including, without limitation,via means of submitting a virus to the website, overloading, "flooding", "spamming","mail bombing" or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. West may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations.
d. Other Restrictions. AJO Website(s) may be used only for lawful purposes by individuals seeking employment and career information. West specifically prohibits any use of AJO Website(s), and all Subscribers and Users agree not to use AJO Website(s), for any of the following: (i) posting any incomplete, false or inaccurate biographical information or information which is not User’s own accurate Candidate Profile (living individual seeking employment on his or her own behalf); (ii) deleting,revising, or altering any material posted by any other person; (iii) using any device,software or routine to interfere or attempt to interfere with the proper working of AJO Website(s) or any activity being conducted on AJO Website(s); (iv) taking any action that imposes an unreasonable or disproportionately large load on AJO Website(s)’infrastructure; (v) 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 AJO Website(s) other than the AJO Website search engine and search agents and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); (vi)attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any AJO website; (vii) framing of or linking to any of the materials or information available from AJO Website(s).Modification of the materials contained on AJO Website(s) or use of such materials for any purpose other than as allowed under this Agreement is a violation of West's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited.
2. Title. Subscriber hereby acknowledges and agrees that all right, title and interest in and to the AJO Website(s) are, and shall remain, vested solely in West , and Subscriber shall not hold itself out as having any ownership or other rights with respect thereto, except as specifically granted hereunder. Unless otherwise noted, all materials, including West and othercompanies' logos, images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this website are copyrights, trademarks, service marks,trade dress, domain names, and/or other intellectual properties owned, controlled or licensed by West, its affiliates, or the organizations with which West has arranged to post materials on AJO Website(s).
3. Charges and Modification of Charges. Charges payable by Subscriber for access to AJO Website(s) (“AJO Charges”) will be as set forth on the AJO Order Form. Upon conclusion of the Minimum Term (as defined in the AJO Order Form), this Agreement and subscriptions to AJO Website(s) will automatically renew on a month-to-month basis at up to then-current monthly rates, until such subscription is cancelled upon written request by Subscriber.Subscriber may cancel at any time after the Minimum Term elected by Subscriber, but charges will not be prorated. West may modify then-current monthly rates at any time without notice. AJO Charges are exclusive of applicable sales, use, value added tax (VAT) or equivalent, and other taxes, which are Subscriber’s responsibility.
4. Limitation of Liability. AJO Website(s) only act as venues for candidates to post Candidate Profiles, search for jobs, and/or obtain career information and advice, and for employers and search firms to search for Candidate Profiles and/or post jobs, and in the case of search firms, to post Candidate Profiles. West is not involved in the actual transaction between employers and candidates or search firms and candidates. As a result, West is under no legal obligation to ensure and has no control over the quality, safety or legality of the information posted, the truth, accuracy, or timeliness of the information, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. The use of AJO Website(s), job information, career information, Candidate Profiles, and information received from employers and search firms is at Subscriber’s and Users’ own risk. Subscriber acknowledges and agrees that he/she is solely responsible for the form, content and accuracy of any information placed by Subscriber on AJO Website(s). By posting information on AJO Website(s), Subscriber acknowledges that he/she is cognizant that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals,underage persons or people acting under false pretenses. Subscriber assumes all risks associated with dealing with other users with whom Subscriber comes in contact through AJO Website(s). Because user authentication on the Internet is difficult, West cannot and does not confirm that each user is who he, she, or it claims to be. Because West does not and cannot be involved in user-to-user dealings or control the behavior of participants on AJO Website(s),in the event that Subscriber has a dispute with one or more users, Subscriber hereby releases West (and its agents, employees, and/or affiliates) from claims, demands and damages(actual and consequential, direct and indirect) of every kind and nature, known and unknown,suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If Subscriber’s Law School is located in California, Subscriber waives California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."Subscriber’s exclusive remedy and West’s and/or its’ affiliates’ entire liability under this Agreement, if any, for any claim(s) for damages relating to AJO Website(s) which are made against them individually or jointly, whether based in contract or negligence shall be limited to the aggregate amount of charges paid by Subscriber relative to the AJO Website(s)subscription during the 12-month period immediately preceding the event giving rise to such claim(s).
5. DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AJO WEBSITE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF AJO WEBSITE(S). THE PERFORMANCE OF AJO WEBSITE(S) VARIES WITH VARIOUS MANUFACTURERS' EQUIPMENT WITH WHICH IT IS USED. CERTAIN SOFTWARE USED BY SUBSCRIBER MAY NOT BE CAPABLE OF SUPPORTING AJO WEBSITE(S). WEST DOES NOT WARRANT THE LEVEL OF PERFORMANCE OF AJO WEBSITE(S) OR THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET SUBSCRIBER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. WEST MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, ADEQUACY, OR CURRENCY OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS. SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF AJO WEBSITE(S) ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT USE OF INFORMATION FROM AJO WEBSITE(S), USE OF LINKS FROM THIS WEBSITE, AND/OR DISCLOSURE OF SUBSCRIBER’S POSTING/COMMUNICATIONS TO THIRD PARTIES IS AT SUBSCRIBER’S OWN RISK. WEST DOES NOT CONTROL THE AVAILABILITY AND CONTENT OF OUTSIDE SERVICES AND RESOURCES AND ANY CONCERNS REGARDING ANY SUCH SERVICE OR RESOURCE, OR ANY LINK THERETO, SHOULD BE DIRECTED TO THE PARTICULAR SERVICE OR RESOURCE. WEST DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF COMMUNICATIONS POSTED BY CANDIDATES, EMPLOYERS, SEARCH FIRMS, OR OTHER USERS, OR ENDORSE ANY OPINIONS EXPRESSED BY THEM. SUBSCRIBER ACKNOWLEDGES THAT ANY RELIANCE ON MATERIAL POSTED WILL BE AT SUBSCRIBER’S OWN RISK. WEST DOES NOT WARRANT THAT SUBSCRIBER’S ACCOUNT INFORMATION WILL REMAIN SEGREGATED FROM OTHER ACCOUNT INFORMATION WITHIN WEST’S INTERNAL SYSTEMS. AJO WEBSITE(S) ACT AS PASSIVE CONDUITS FOR THE ONLINE DISTRIBUTION AND PUBLICATION OF USER SUBMITTED INFORMATION AND WEST HAS NO OBLIGATION TO SCREEN COMMUNICATIONS OR INFORMATION IN ADVANCE. WEST IS NOT RESPONSIBLE FOR SCREENING OR MONITORING MATERIAL POSTED BY USERS. IF NOTIFIED BY A USER OF COMMUNICATIONS THAT ALLEGEDLY DO NOT CONFORM TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WEST MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN GOOD FAITH AND IN ITS SOLE DISCRETION WHETHER TO REMOVE OR REQUEST THE REMOVAL OF THE COMMUNICATION. WEST HAS NO LIABILITY OR RESPONSIBILITY TO USERS FOR PERFORMANCE OR NONE PERFORMANCE OF SUCH ACTIVITIES. WEST RESERVES THE RIGHT TO EXPEL USERS AND PREVENT THEIR FURTHER ACCESS TO AJO WEBSITE(S) FOR VIOLATING THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE LAW AND ALSO RESERVES THE RIGHT TO REMOVE COMMUNICATIONS THAT ARE ABUSIVE, ILLEGAL,OR DISRUPTIVE. WEST MAY TAKE ANY ACTION WITH RESPECT TO USER SUBMITTED INFORMATION THAT IT DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION IF IT BELIEVES SUCH INFORMATION MAY CREATE LIABILITY FOR WEST AND/OR ITS AFFILIATES, OR MAY CAUSE WEST TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF ITS INTERNET SERVICE PROVIDER(S) OR OTHER SUPPLIERS. BY SUBMITTING CONTENT TO AJO WEBSITE(S), SUBSCRIBER PERMITS ANY SUBSCRIBER TO ACCESS, SEARCH, DISPLAY, VIEW, STORE AND REPRODUCE SUCH CONTENT FOR PERSONAL USE. THE INFORMATION CONTAINED AT THIS WEBSITE HAS BEEN PREPARED BY WEST AS A SERVICE TO OUR USERS AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. CONTENT ON AJO WEBSITE(S) MAY BE PROVIDED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, USERS OR OTHERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND DO NOT NECESSARILY STATE OR REFLECT THOSE OF WEST. WEST IS NOT TO BE CONSIDERED AN EMPLOYER WITH RESPECT TO SUBSCRIBER’S USE OF AJO WEBSITE(S) AND SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON MADE, MADE BY ANY INDIVIDUAL OR ENTITY USING AJO WEBSITE(S). IN NO EVENT WILL WEST AND/OR ITS AFFILIATES BE RESPONSIBLE FOR INADVERTENT CONTACT OF SUBSCRIBER BY WEST’S AND/OR ITS AFFILIATES’ EMPLOYEES, REPRESENTATIVES OR AGENTS. IN NO EVENT WILL WEST, AND/OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OF AJO WEBSITE(S), EVEN IF WEST, AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Passwords. AJO Website(s) shall be accessible only upon a limited number of Law School terminals, the number of which will be designated by Subscriber on the Order Form. AJO Website(s) can be accessed when Users click on an AJO Website(s) icon or a link placed on the desktop of Subscriber designated terminals. AJO Website(s) passwords will be held at West and shall not be revealed to Subscriber or to Users.
7. Candidate Submissions. As a candidate for employment, User is responsible for his/her own communications and is responsible for the consequences of posting of any such communications. User agrees not to do the following: (i) post material that is copyrighted, unless User is the copyright owner or has the permission of the copyright owner for such posting; (ii) post material that reveals trade secrets, unless User owns them or has the permission of the owner; (iii) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v) post a sexually-explicit image or statement; (vi) post advertisements or solicitations of business; (vii) post chain letters or pyramid schemes; (viii) impersonate another person and/or provide false information on the AJO Website(s) registration site; and/or (ix) post material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
8. User Confidential Information. “User Confidential Information” shall mean User’s 1) Candidate Profile or other resume-type document posted to AJO Website(s); and/or 2) other postings to AJO Website(s) related to User’s employment and/or search for employment not generally known by third parties. West will use commercially reasonable efforts to protect User Confidential Information and will only disclose User Confidential Information to its officers, directors, employees, affiliates, agents and representatives who have a “need to know” and will only use User Confidential Information in order to fulfill its obligations hereunder. West will not use User Confidential Information as a basis for marketing and/or sales activity. User Confidential Information will not include information which: (a) is or becomes available to the general public through no fault of West; (b) is independently developed by West; (c) is rightfully received by West from a third party without a duty of confidentiality; (d) West can document was known to it or in its possession on a non confidential basis prior to the date of disclosure by User, or (e) West is required by law to disclose. Upon termination of this Agreement and upon User’s written request, West agrees to destroy any material that contains User Confidential Information provided to West by User that West has in its possession or that is under West’s control, excluding however, copies of this Agreement and any account set-up or other information that West is legally required maintain for audit or similar purposes.
9. Term and Termination. This Agreement will become effective on the date Subscriber’sorder is processed by West and will continue in effect for the minimum term elected by Subscriber in the Order Form (“Minimum Term”). Upon conclusion of the Minimum Term, this Agreement will automatically renew on a month-to-month basis. Notwithstanding the foregoing, (i) either party may terminate this Agreement immediately upon written notice to the other party if the other party commits a material breach of this Agreement; (I) Subscriber’s ability to access or use AJO Website(s) will terminate immediately without notice if, in West’s sole discretion, West is unable to verify or authenticate any information Subscriber or its Users submit to West; or (INI) Subscriber may terminate this Agreement after the Minimum Term thirty (30) days prior written notice of termination to West. Upon termination for any reason, Subscriber must destroy all materials obtained from AJO Website(s) and all copies thereof, whether made under the terms and conditions of this Agreement or otherwise.
10. Effect of Agreement. This Agreement embodies the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Except as otherwise provided in this Agreement, West may amend the terms and conditions of this Agreement by giving Subscriber at least 30 days prior written or on-line notice.
11. Force Major. West shall not be liable for any delay or failure in performing hereunder if caused by factors beyond its reasonable control, such as acts of God, acts of any government,war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
12. Notices. Except as otherwise provided herein, all notices must be in writing to West at 610 Operand Drive, P.O. Box 64833, St. Paul, Minnesota 55164-1803, Attention: Customer Service, and to Subscriber at the address provided in the Order Form.
13. General Provisions. This Agreement will be governed by and construed under the law of the state of Minnesota, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Subscriber without West's prior written consent. Any attempt to assign or transfer in violation of this Section shall be null and void. 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. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
14. U.S. Government Customers. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1) (ii) of the Rights in Technical Data and Computer Product clause in DFARS 252.227-7013, or in subdivision (c)(1) and (c)(2) of the Commercial Computer Product – Restricted Rights clause at 48 CFR 52.227-19, as applicable, and in similar clauses in the NASA FAR Supplement.
TERMS OF USE OF ATTORNEY JOBS ONLINE ("AJO") WEBSITE(S) FOR LAW SCHOOL USERS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING AJO WEBSITE(S).
By accessing and using Attorney Jobs Online (“AJO”) Website(s), you as “User” agree to the Terms of Use below.
1. Representations. User represents that he or she is currently enrolled as a student or a graduating student, a graduate of, or an incidental walk-in patron of a law school (“Law School”) that subscribes to AJO Website(s).
2. License.
a. Grant. West, a Thomson business (“West”) grants User a non-exclusive, non-transferable, limited right to access AJO Website(s) for purposes of 1) posting User’s resume and/or similar employment candidate submissions (“Candidate Profile(s)”); and/or 2) searching for employment information and/or opportunities. AJO Website(s) are protected by copyright and various U.S. and international patent applications.
b. Copying . Aggregating, copying or duplicating in any manner any of the materials or information available on AJO Website(s) is prohibited. Notwithstanding the foregoing, User may create print-outs for Subscriber’s own personal use of 1) job postings for which User is considering applying; and/or 2) User’s own personal Candidate Profile and/or other User postings to the AJO Website(s).
c. Security Rules. User is prohibited from violating or attempting to violate the security of AJO Website(s), including, without limitation: (a) accessing data not intended for such User or logging into an account which the User is not authorized to access; (b)attempting to probe, scan or test these vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other subscribers or users, host or network, including,without limitation, via means of submitting a virus to the website, overloading,"flooding", "spamming", "mail bombing" or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in MANUFACTURERS' EQUIPMENT civil or criminal liability. West may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations.
d. Other Restrictions. AJO Website(s) may be used only for lawful purposes by individuals seeking employment and career information, employers seeking employees, and search firms seeking candidates for their searches. West specifically prohibits any use of AJO Website(s), and all Users agree not to use AJO Website(s), for any of the following: (i) posting any incomplete, false or inaccurate biographical information or information which is not User’s own accurate Candidate Profile (living individual seeking employment on his or her own behalf); (ii) deleting, revising, or altering any material posted by any other person; (iii) using any device, software or routine to interfere or attempt to interfere with the proper working of AJO Website(s) or any activity being conducted on AJO Website(s); (iv) taking any action that imposes an unreasonable or disproportionately large load on AJO Website(s)’ infrastructure; (v)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 AJO Website(s) other than the AJO Website search engine and search agents and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); (vie) attempting to decipher, decompose, disassemble or reverse engineer any of the software comprising or in any way making up a part of any AJO website; (vie) framing of or linking to any of the materials or information available from AJO Website(s). Modification of the materials contained on AJO Website(s) or use of such materials for any purpose other than as allowed under this Agreement is a violation of West's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited.
3. Title. User hereby acknowledges and agrees that all right, title and interest in and to the AJO Website(s) are, and shall remain, vested solely in West , and User shall not hold itself out as having any ownership or other rights with respect there to, except as specifically granted hereunder. Unless otherwise noted, all materials, including West and other companies' logos, images, illustrations, designs, icons, photographs, video clips, and written and other material s that are part of this website are copyrights, trademarks, service marks, trade dress, domain names, and/or other intellectual properties owned, controlled or licensed by West, its affiliates,or the organizations with which West has arranged to post materials on AJO Website(s).
4. Limitation of Liability. AJO Website(s) only act as venues for candidates to post Candidate Profiles, search for jobs, and/or obtain career information and advice, and for employers and search firms to search for Candidate Profiles and/or post jobs, and in the case of search firms, to post Candidate Profiles. West is not involved in the actual transaction between employers and candidates or search firms and candidates. As a result, West is under no legal obligation to ensure and has no control over the quality, safety or legality of the information posted, the truth, accuracy, or timeliness of the information, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. The use of AJO Website(s), job information, career information, Candidate Profiles, and information received from employers and search firms is at User’s own risk. User acknowledges and agrees that he/she is solely responsible for the form, content and accuracy of any information placed by Subscriber on AJO Website(s). By posting information on AJO Website(s), User acknowledges that he/she is cognizant that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. User assumes all risks associated with dealing with other users with whom he or she comes in contact through AJO Website(s). Because user authentication on the Internet is difficult, West cannot and does not confirm that each user is who he, she, or it claims to be. Because West does not and cannot be involved in user-to-user dealings or control the behavior of participants on AJO Website(s), in the event that Subscriber has a dispute with one or more users, Subscriber hereby releases West (and its agents, employees, and/or affiliates) from claims, demands and damages (actual and consequential, direct and indirect) of every kindled nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If User is a California resident or if User’s Law School is located in California, User waives California Civil Code Section 1542,which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
5. DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AJO WEBSITE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSER IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF AJO WEBSITE(S). THE PERFORMANCE OF AJO WEBSITE(S) VARIES WITH VARIOUS MANUFACTURERS' EQUIPMENT WITH WHICH IT IS USED. CERTAIN SOFTWARE USED BY USER MAY NOT BE CAPABLE OF SUPPORTING AJO WEBSITE(S). WEST DOES NOT WARRANT THE LEVEL OF PERFORMANCE OF AJO WEBSITE(S) OR THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET USER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. WEST MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, ADEQUACY, OR CURRENCY OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS. USER ACKNOWLEDGES THAT PROVISION OF AJO WEBSITE(S) ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA. USER ACKNOWLEDGES AND AGREES THAT USE OF INFORMATION FROM AJO WEBSITE(S),USE OF LINKS FROM THIS WEBSITE, AND/OR DISCLOSURE OF USER’S POSTING/COMMUNICATIONS TO THIRD PARTIES IS AT USER’S OWN RISK. WEST DOES NOT CONTROL THE AVAILABILITY AND CONTENT OF OUTSIDE SERVICES AND RESOURCES AND ANY CONCERNS REGARDING ANY SUCH SERVICE OR RESOURCE, OR ANY LINK THERETO, SHOULD BE DIRECTED TO THE PARTICULAR SERVICE OR RESOURCE. WEST DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF COMMUNICATIONS POSTED BY CANDIDATES,EMPLOYERS, SEARCH FIRMS, OR OTHER USERS, OR ENDORSE ANY OPINIONS EXPRESSED BY THEM. USER ACKNOWLEDGES THAT ANY RELIANCE ON MATERIAL POSTED WILL BE AT USER’S OWN RISK. WEST DOES NOT WARRANT THAT USER’S ACCOUNT INFORMATION WILL REMAIN SEGREGATED FROM OTHER ACCOUNT INFORMATION WITHIN WEST’S INTERNAL SYSTEMS. AJO WEBSITE(S) ACT AS PASSIVE CONDUITS FOR THE ON-LINE DISTRIBUTION AND PUBLICATION OF USER SUBMITTED INFORMATION AND WEST HAS NO OBLIGATION TO SCREEN COMMUNICATIONS OR INFORMATION IN ADVANCE. WEST IS NOT RESPONSIBLE FOR SCREENING OR MONITORING MATERIAL POSTED BY USERS. IF NOTIFIED BY A USER OF COMMUNICATIONS THAT ALLEGEDLY DO NOT CONFORM TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WEST MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN GOOD FAITH AND IN ITS SOLE DISCRETION WHETHER TO REMOVE OR REQUEST THE REMOVAL OF THE COMMUNICATION. WEST HAS NO LIABILITY OR RESPONSIBILITY TO USERS FOR PERFORMANCE OR NONE PERFORMANCE OF SUCH ACTIVITIES. WEST RESERVES THE RIGHT TO EXPEL USERS AND PREVENT THEIR FURTHER ACCESS TO AJO WEBSITE(S) FOR VIOLATING THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE LAW AND ALSO RESERVES THE RIGHT TO REMOVE COMMUNICATIONS THAT ARE ABUSIVE, ILLEGAL,OR DISRUPTIVE. WEST MAY TAKE ANY ACTION WITH RESPECT TO USER SUBMITTED INFORMATION THAT IT DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION IF IT BELIEVES SUCH INFORMATION MAY CREATE LIABILITY FOR WEST AND/OR ITS AFFILIATES, OR MAY CAUSE WEST TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF ITS INTERNET SERVICE PROVIDER(S) OR OTHER SUPPLIERS. BY SUBMITTING CONTENT TO AJO WEBSITE(S), USER PERMITS ANY USER TO ACCESS, SEARCH, DISPLAY, VIEW, STORE AND REPRODUCE SUCH CONTENT FOR PERSONAL USE. THE INFORMATION CONTAINED AT THIS WEBSITE HAS BEEN PREPARED BY WEST AS A SERVICE TO OUR USERS AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. CONTENT ON AJO WEBSITE(S) MAY BE PROVIDED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, USERS OR OTHERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND DO NOT NECESSARILY STATE OR REFLECT THOSE OF WEST. WEST IS NOT TO BE CONSIDERED AN EMPLOYER WITH RESPECT TO USER’S USE OF AJO WEBSITE(S) AND SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON MADE, MADE BY ANY INDIVIDUAL OR ENTITY USING AJO WEBSITE(S). IN NO EVENT WILL WEST AND/OR ITS AFFILIATES BE RESPONSIBLE FOR IN ADVERTENT CONTACT OF USER BY WEST’S AND/OR ITS AFFILIATES’ EMPLOYEES, REPRESENTATIVES OR AGENTS. IN NO EVENT WILL WEST, AND/OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OF AJO WEBSITE(S), EVEN IF WEST, AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Candidate Submissions. As a candidate for employment, User is responsible for his/her own communications and is responsible for the consequences of posting of any such communications. User agrees not to do the following: (i) post material that is copyrighted, unless User is the copyright owner or has the permission of the copyright owner for such posting; (ii) post material that reveals trade secrets, unless User owns them or has the permission of the owner; (iii) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to anotheruser or any other person or entity; (v) post a sexually-explicit image or statement; (vie) post advertisements or solicitations of business; (vie) post chain letters or pyramid schemes; (viii)impersonate another person and/or provide false information on the AJO Website(s) registration site; and/or (ix) post material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
7. User Confidential Information. “User Confidential Information” shall mean User’s 1)Candidate Profile or other resume-type document posted to AJO Website(s); and/or 2) other postings to AJO Website(s) related to User’s employment and/or search for employment not generally known by third parties. West will use commercially reasonable efforts to protect User Confidential Information and will only disclose User Confidential Information to its officers, directors, employees, affiliates, agents and representatives who have a “need to know” and will only use User Confidential Information in order to fulfill its obligations here under. West will not use User Confidential Information as a basis for marketing and/or sales activity. User Confidential Information will not include information which: (a) is or becomes available to the general public through no fault of West; (b) is independently developed by West; (c) is rightfully received by West from a third party without a duty of confidentiality; (d) West can document was known to it or in its possession on a non confidential basis prior to the date of disclosure by User, or (e) West is required by law to disclose. Upon termination of this Agreement and upon User’s written request, West agrees to destroy any material that contains User Confidential Information provided to West by User that West has in its possession or that is under West’s control, excluding however, copies of this Agreement and any account set-up or other information that West is legally required maintain for audit or similar purposes.
8. Termination. West and/or the Law School may terminate User’s right to access and use AJO Website(s) at any time. Except for User Confidential Information, upon termination for any reason, User must destroy all materials obtained from AJO Website(s) and all copies thereof, whether made under the terms and conditions of this Agreement or otherwise.
9. Effect of Agreement. Except as otherwise provided in this Agreement, West may amended the terms and conditions of this Agreement by giving Subscriber at least 30 days prior online notice.
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