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.