Laserfiche WebLink
Page 3 of A <br />D) WARRANTY DISCLAIMER: EXCEPT AS MAY BE EXPRESSLY AND UNAMBIGUOUSLY STATED IN THIS AGREEMENT, LD MEDIA <br />MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EITHER THF JURALAW SERVICES Oil THE REPORTS, <br />INFORMATION, OR RESULTS THAT MAYBE OBTAINED BY USING SUCH SERVICES. ALL SUCH ITEMS ARE OFFERED "AS IS'." LB MEDIA <br />DISCLAIMS ALL OTHER WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY <br />PARTICULAR PURPOSE. <br />C) LB Media shall have no responsibility for the accuracy, completeness, timeliness or other aspect of data obtained from <br />any public source or other third party. LR Media shall tint be liable for any errors, omissions, or operating requirements associated <br />with Court Rules Data or other service provided by LB Media's Court Mules Data provider. The Subscriber agrees that it will look <br />solely to file Court Rules Data provider with respect to any service furnished by that provider and that LB Media shall not otherwise <br />be liable or responsible for the provider's services. In no event shall LB Media be liable, in tort or contract or otherwise, for any <br />liabilities, damages, or consequences arising out of the JuraLaw sar aces unless they are shown to have arisen from LB Media's gross <br />negligence or Its noncompliance with this Agreement that Is both deliberate and willfully Injurious. <br />O) IN NO EVENT SHALL THE LIABILITY OF LB MEDIA TO THE SUBSCRIBER(WHETHER BASED ON CONTRACT, TORT, OR <br />OTHERWISE) ARISING OUT OF THE IURALAW SERVICES OR THIS AGREEMENT IN ANY FASHION EXCEED THC AMOUNT ACTUALLY PAID <br />TO LB MEDIA BY THE SUBSCRIBER DURING THE 12 MONTHS PRECEDING TME INCIDENT FIRSTGIVING RISE TO THE CLAIM. IN NO <br />EVENT SHALL LB MEDIA BE LIABLE TO ANY THIRD PARTY FOR ANY DAMAGES WHICH SUCH PARTY MAY OCCUR, DIRECTLY OR <br />INDIRECTLY, ASA RESULT OF ERRORS 08 OMISSIONS OF THE SUBSCRIBER OR LB MEDIA. THE LIABILITY OF LB MEDIA, IF ANY, FOR <br />DAMAGES SHALL IN NO EVENT INCLUDE LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF LD <br />MEDIA HAS BEEN ADVISED OF THE POSSIBRITY OF SUCH DAMAGES, NOR SHALL IT BE LIABLE FOR PUNITIVE., EXEMPLARY OR <br />ENHANCED DAMAGES OF ANY KIND. <br />E) LB Media shall not be deemed In breach of this Agreement to the extent that its performance is delayed or prevented by <br />reason of any act of God, war, terrorism, fire, explosion, flood, act of government or any actor omission of its Court Rules Data <br />provider ora third -party over whom LB Media exercises no control, Including without limitation utilities such as Internet service <br />providers. <br />F) The Subscriber shall Indemnify and hold LB Media harmless from any and all liabilities, losses, claims, damages, costs and <br />expenses (including reasonable attorney fees) relating to or arising out of the Subscriber's JuraLaw, account. <br />G) In the event that the Subscriber discontinuestha services contemplated by this Agreement prior to Ure expiration of the <br />then current term, for any reason other than the Agreement having been terminated by LB Media, the Subscriber shall compensate <br />LB Media for its loss of bargain by paying the lump sum calculated nmitiplying the number of months (prorated for fractional <br />months) remaining prior to expiration of the terns by an amount equal to the highest Invoice figure for LB Media's JuraLaw services <br />at any time during the twelve months preceding the Initial date of diseonfinualion. <br />7. Wim„ sETemial and Contraging Terms. This Agreement Is subject to the following additional terou: <br />A) This Agreement is strictly forthe benefit of tiro undersigned parties and not any Utird parties. The Subscriber tray neither <br />assign this Agreement nor continue the Agreement under a merged or newly created entity without the prior written consent of LB <br />Media. <br />R) This Agreement constitutes tht,. entire understanding between the parties, superseding any and all prior oral and written <br />communications, except that this Agreement also Incorporates such terms and conditions that benefit LB Media in any separate. <br />agreement between the Subscriber and LA Media's providerot Court Rules Data for tine Jorataw services. The relationship between <br />the parties is ane alarms length contracting parties and the Subscriber disclaims any assertion that LR Media is subject to fiduciary <br />or other special duties of any nature in connection with this Agreement. <br />C) Neither any amendment to INS Agreement, nor any Consent referenced ierein, shall be effective until and unless a greed <br />to its writing by LB Media by a duly authorized executive at Its corporate headquarters (any and all changes in the standard JuraLaw <br />services and tees shall be deemed duly agreed to by LB Medio). To be effective, changes in the scope of services selected by the <br />Subscriber must be reflected in a revised Fee Schedule that Is agreed to and accepted by LB Media in writing. No term or breach of <br />this Agreement shall be deemed walved by LB Media, by declaration, conduct, or otherwise, unless In compliance wilh the <br />foregoing, and under no circumstances Shall any waiver u Store W Media from thereafter enforcing the Agreement's Larms In full. <br />0) This Agreement shall be construed In accordance with the laws of the State of Illinois, excluding its rules for conflicts of <br />laws. <br />Itn.18 <br />