SERVICE AGREEMENT and USER POLICY for Verbatek (2006 Verbatek, LLC All Rights Reserved) 1. Description of Service IMPORTANT: Thank you for selecting Verbatek, a Web-based software application program designed for use in the court reporting industry. This service agreement is a contract between you and Verbatek that describes the terms and conditions applicable to your use of Verbatek. This is a legal and enforceable contract between you and Verbatek. By checking the “I AGREE” button below and/or accessing this service, you acknowledge that you have read, understood and agree to be bound by these terms of service and policy. If you do not agree to all of these terms of service, please check the “I DISAGREE” button below. The registration process will end and you will not be given access to use this service. 2. Grant to Use Service Verbatek grants a personal, non-transferable license to use Verbatek in accordance with the following terms and conditions after proper registration and any applicable payment. Verbatek, LLC hosts this website. For purposes of this service, the terms “you”, “your” or “user” are synonymous and refer to the person using Verbatek in any way. A “registered user” is a user from whom Verbatek has received the information necessary to permit such person to access and use Verbatek and who agrees and complies with the terms and conditions of this Service. You MUST be a registered user to be eligible to be given access and use Verbatek. 3. Reservation of Rights and Ownership Verbatek reserves all rights not expressly granted to you in this Agreement. Verbatek is protected by copyright, trade secret and other intellectual property laws. Verbatek, LLC owns the title, copyright, and other intellectual property rights in Verbatek. You acknowledge and agree that you will not, directly or indirectly: a) reverse engineer, decompile, disassemble or otherwise attempt to discover the underlying source code or underlying ideas or algorithms of the Software; b) modify, translate, or create derivative works based on the Software; c) rent, lease, distribute, sell, resell or assign, or otherwise transfer rights to the Software; or d) remove any proprietary notices in the Software. This Agreement does not grant you any rights to trademarks or service marks of Verbatek. You must indemnify and defend Verbatek against any claims or lawsuits, including attorney’s fees that arise from or result from your use of Verbatek. Verbatek may terminate or suspend your use of this Service at any time with or without notice to you. 4. Prohibited Conduct You are responsible for maintaining the confidentiality of your user identification, password and/or account and are fully responsible for all activities that occur under your password or account. You shall not permit or allow other persons to have access to or use your user ID and password. Verbatek, LLC will not disclose your password if you lose or forget it. You must contact Verbatek, LLC to assist you with a lost or forgotten password. You agree to immediately notify Verbatek, LLC of any unauthorized use of your user identification, password and/or account or any other breach of security, and you will ensure that you exit from your account at the end of each session. Verbatek cannot and will not be liable for any loss or damage arising from your failure to comply with this. We will not be responsible for any loss or damage you may suffer as a result of someone using your password, whether with or without your permission or knowledge. You are responsible for the content of any comments, information, questions, data, computer code or programs, feedback, ideas, descriptions of processes or other information submitted through the site by you. You may only submit to the program/site and only use the service through the program/site content that is either (i) owned by you, or (ii) submitted with the express permission of the owner. The content and/or all material posted to the program/site by you must be relevant to the specified program Verbatek. The program/site may not be used to: a) upload, post, or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b) harm minors in any way; c) impersonate any person or entity, including, but not limited to, any official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d) upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; e) upload, post, or otherwise transmit any content that violates any law or violates the personal, proprietary, or intellectual property rights or other rights of any third party; f) upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; g) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; h) interfere with or disrupt the site or servers or networks connected to the program/site, or disobey any requirements, procedures, policies or regulations of networks connected to the program/site; i) "stalk" or otherwise harass another; j) collect or store personal data about other users Verbatek, LLC does not prescreen content that is posted to the site; Verbatek, LLC reserves the right to revoke your account if any content fails to meet the foregoing Service Agreement. Verbatek, LLC further reserves the right to investigate complaints or reported violations, and to take any appropriate action, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such person or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. 5. Registration Information and Privacy Registration is required for you to use this Service. You must provide certain current, complete, and accurate information about yourself as prompted to do so by the registration user form (“User Form”), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that the User Form is accurate and current, and that you are the authorized user. You authorize us to verify your User Form at any time. If any User Form information you provide is untrue, inaccurate, not current or incomplete, Verbatek, LLC retains the right, at its discretion, to suspend or terminate your rights to use the Service. You must also provide your valid e-mail address. This Agreement and the furnishing of confidential and/or proprietary information as provided herein shall not be construed as establishing, either expressly or by implication, any grant of rights or licenses to the user or any relationship between the parties. 6. Compliance with Laws You agree to comply with all applicable laws and regulations of the United States and foreign authorities, including, without limitation, laws regarding transmission of technical data, such as encryption, exported from the United States or from the country in which you reside. You agree not to export, re-export or import the program/site or any direct product thereof in violation of any such restrictions, laws or regulations. 7. Limitation of Liability and Indemnity Verbatek, LLC and its respective affiliates, employees, agents, successors, officers and assigns shall not be liable for any loss, including, without limitation, loss of business, telecommunication failures, loss, corruption, security or theft of data, loss of use or of data, interruption of business, lost profits or goodwill, or other indirect, special, incidental, exemplary or consequential damages of any kind arising out of your use of the program/site, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred. This exclusion includes any liability that may arise out of third-party claims against you. Your sole and exclusive remedy for any dispute with Verbatek in connection with the program/site is to cease your use of the program/site. You shall indemnify, defend, and hold harmless Verbatek, LLC and its respective affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur as a result of your use of the program/site.