Users Terms of Service | NACLNCdirectory.org

April 5, 2021

The NACLNC^® Online Directory ("Directory") is a service offered within the proprietary websites operated by LegalNurse.com ("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 website and database services, each of which is solely for use either by visitors and/or members of the legal or other related communities to access the Directory as Users, or by individual NACLNC^® Association members who are authorized Member Users.

As may be used within these Terms of Use ("Terms"), "you," "your" and "User" refer to any visitor and/or qualified member of the legal or other related communities who accepts these Terms.

The Terms set forth the terms of use, service and conditions under which the Institute and the NACLNC^® Association are willing to grant you access to, and use of, the Directory. Use of any portion of the Directory indicates your acceptance of, and agreement with, all the Terms and any later modifications that may be made in accordance with these Terms.

If you do not wish to be bound by this Agreement or do not agree with any of the Terms of Use, click log out now immediately below, or after reading the Terms, click log out now at the end of this Agreement, and you will be logged out.

Use of this website constitutes an acceptance of its Terms of Use.
If you do not agree, you cannot search and must log out now.

Grant of License

Upon acceptance of these Terms, a User is granted a nonexclusive license to use the Directory only in accordance with these Terms. As part of these Terms, a User may perform searches of the NACLNC^® Online 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^® consultants (Member Users) listed in the Directory to serve as contractors, employees, expert witnesses, consulting experts, testifying experts or to provide other CLNC^®-related services for the User, their law firm or other company.

Restrictions and Prohibited Uses

Users may not assign, transfer or license any rights created by these Terms to any other party without the prior written consent of the Institute/NACLNC^®.

Users may not sell, distribute, redistribute, loan, lease or otherwise commercially exploit the Directory, any search results therefrom, or any individual listings displayed therein. Users may not transfer or forward any portion of the Directory. Users may not create any derivative works from the Directory or any portion of the Directory or combine all or any portion of the contents of the Directory with any other information for resale, redistribution, loan, lease or other commercial use. 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.

Users may not market products or services of any character, including, but not limited to, website design, educational offerings, association memberships, newsletters, directories or other services, to any NACLNC^® Association member or party listed in the Directory. Additionally, a User may not transmit any chain letters or junk mail (electronic or otherwise) to any NACLNC^® Association member or party listed in the Directory.

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 User may send to NACLNC^® member or members listed in the Directory 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 User violating these Terms shall be permanently terminated and will not be subject to reinstatement.

Proprietary Materials, Trademarks and Service Marks

The database and all other information contained within the Directory and its website 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 the Directory and are the sole property of the respective mark owners.

The contents of the Directory as well as any trademarks belonging to the Institute or NACLNC^®, including, but not limited to, photographs, text, design elements, graphics, images and search technology design, are the sole property of the Institute/NACLNC^® and may not be transferred, distributed, redistributed, reproduced, displayed, sold or used to create derivative works for any purpose whatsoever.

Except as may otherwise be permitted by the Terms, posting, copying, distribution, redistribution, downloading, uploading, publication, republication, compilation, decompilation, modification or commercial exploitation of any of the Institute's or NACLNC^®'s proprietary materials is not permitted or allowed without the prior written consent of the Institute/NACLNC^®.

Disclosure of User Information

The Institute/NACLNC^® expressly reserves the right to reveal any information regarding a User and that User's use of the Directory 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 User, Member User or other party may be at risk.

User Warranties and Indemnification

As a User, you represent and warrant that you own all of any content you provide to the Directory or to any Member User, or that you otherwise have a valid license to do so. You also represent and warrant that any content or communications you provide to or through the Directory 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 provide to or through the Directory.

You agree to indemnify, defend and hold harmless the Institute, the NACLNC^® Association, 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.

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 the Directory without the written consent of the Institute/NACLNC^®.

Directory 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 the Directory or from any of the individual Member Users' or advertisers' listings therein. Such links are provided solely for the convenience of the User. Users should be aware of the dangers presented by computer viruses, spyware, malware and content that may be offensive or harmful to a User and that may be distributed via the World Wide Web. Accessing any website from or through a link in the Directory is done at the sole risk of the User. The Institute/NACLNC^® is not liable or responsible for the content of any such site. If a User feels any content contained on a site linked from or through the Directory is inappropriate, this may be reported to the Institute/NACLNC^® via email to [email protected].

The Institute/NACLNC^® reserves the right to reject or remove any link to any website or webpage the Institute/NACLNC^®, in its sole discretion, considers inappropriate or to any website or webpage which links to any other website or webpage the Institute/NACLNC^® considers inappropriate. The Institute/NACLNC^® is under no obligation to remove the link to any such site and may do so at its sole discretion.

The Institute/NACLNC^® reserves the right to reject or remove any advertisement the Institute/NACLNC^®, in its sole discretion, considers inappropriate or which links to any other website or webpage the Institute/NACLNC^® considers inappropriate. The Institute/NACLNC^® is under no obligation to remove the advertisement and may do so at its sole discretion.

In the event that any website or webpage linked to or from the Directory is altered in such a way that the Institute/NACLNC^®, in its sole discretion, considers it to have become inappropriate, or if said website or webpage has added 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 the Directory.

Any advertisements by a third party or Member User or any reference in the NACLNCdirectory.org or NACLNC.org websites to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply its endorsement, recommendation or favored status by the Institute/NACLNC^® or any of its affiliates or affiliated websites.

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 use of, or inability to use, the Directory. 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 the Directory, whether for breach of contract, tortuous behavior, negligence or any other cause of action.

Additionally, although the Institute/NACLNC^® reserves the right to verify the accuracy of information published in the Directory, 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 THIS INFORMATION ON AN "AS IS" BASIS AND 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 USE OF THE DIRECTORY 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 THE DIRECTORY OR FOR THE QUALITY OF THE SERVICES PROVIDED BY ANY MEMBER USER.

Additionally, 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 this Directory 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 information and these changes may or may not be incorporated in the Directory. If you have obtained information from a source other than this site, including sites accessed via hypertext links through the Directory, 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 or misuse of the Directory, even if the Institute/NACLNC^® has been advised or warned of the possibility of such damages.

Whether or not you choose to retain any particular Member User as a contractor, employee, expert witness, consulting expert, testifying expert or to provide other services to you, your law firm or other company, it is at your own risk and is based on your subjective judgment after you or your representative interview the Member User. You agree that contact with any such Member User you select from the Directory 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 subsequent use or non-use of the services of such Member User by you, your law firm or other company.

You agree that it shall be your sole obligation and duty to negotiate fees with any such Member User and to pay said Member User for the agreed upon services. 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 use of 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, Member Users, other Users or advertisers found in or through the Directory, 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 User and such Member User, other User or advertiser. 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 User Access Rights by the Institute/NACLNC^®

The Institute/NACLNC^® reserves the right to terminate at any time, or from time to time, the rights of any User to access any portion of the Directory, with or without cause, in the Institute's sole and absolute discretion and without prior notice to the User. Notwithstanding any other provisions in the Terms regarding grounds for suspension or termination of a User's rights to access the Directory, the Institute/NACLNC^® retains the absolute right of termination reserved under this paragraph. In addition, the Institute/NACLNC^® expressly reserves the right to terminate the User's rights to access or use the Directory at any time for violation of or noncompliance with these Terms or any portion thereof.

Modifications of the Terms or to the Directory

The Institute/NACLNC^® retains the right to modify the Terms in any manner and at any time, or from time to time, without notice or liability to any User or advertiser. Any such modification shall be effective immediately upon the date that any modified Terms are posted on the NACLNCdirectory.org website. Your use of the Directory following the date of such a posting shall be deemed acceptance by you of any modification to the Terms.

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 the Directory, including, but not limited to, availability of access, hours of access, number of email messages permitted or persons permitted to use or access the Directory.

In the event that you disagree with any modification to the Terms, access changes or limitations, content of the Directory or practice of the Institute/NACLNC^®, your only remedy is to terminate your use of the Directory.

Other

The failure of the Institute/NACLNC^® at any time, or from time to time, to enforce any provisions of the Terms shall not be construed as a waiver of any rights of the Institute/NACLNC^® or of any particular provision of the Terms.

These Terms and your agreement to the same shall be governed by the laws of the state of Texas and construed in accordance with the same without regard to Texas' conflict of law rules.

These Terms and your agreement to the same constitute the entire agreement between you and the Institute/NACLNC^® regarding the Directory and the use of the NACLNCdirectory.org website. This Agreement supersedes any prior agreements, Terms or understandings between you and the Institute/NACLNC^® with respect to the Directory.

These Terms are accepted upon your use of the NACLNCdirectory.org website.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.