|Your access to and use of Westlaw, West's ("West's") computer assisted legal research service and The West Education Network ("TWEN"), West's Internet-based online legal education service, are subject to the terms of the agreement below ("Agreement"). To complete the registration and gain access to Westlaw, read the Agreement. If you agree with the terms of the Agreement, click on "I Agree" below and click on "Submit Registration" to complete the registration process. If you do not agree with the terms of the Agreement, do not click on "I Agree" and you will not be provided access to Westlaw and TWEN. By completing the registration process, you become an authorized user ("User") of Westlaw and TWEN. By clicking on the "I Agree" button and using Westlaw and TWEN, you agree to be bound by the terms and conditions of the Agreement.|
User represents that he or she is currently enrolled as a student or a graduating student ("Student") at the law school ("Law School") identified by User on the Password Registration, is a non-Law School Student that is enrolled in an authorized class at the Law School or is a full-time or part-time/adjunct faculty, administration or staff or law school career services director or staff ("Law School Personnel") at the Law School. If User is a Student, he or she also represents that the expected Law School graduation date indicated on the Password Registration is accurate. User agrees to notify West immediately if User is no longer enrolled as a Student at the Law School, the Student's expected graduation date changes or if the Law School no longer employs the Law School Personnel.
Terms and Conditions Applicable to Westlaw Access
2. Westlaw License.
West grants User the right to access and use Westlaw and Westlaw data ("Westlaw Data") through equipment provided by User or the Law School by means of the Westlaw Student and Law School Personnel password (" Password") . If User is a Student, user may access and use Westlaw solely for educational purposes directly related to User's coursework at Law School or for bar preparation purposes ("Educational Purposes"). If User is Law School Personnel, Educational Purposes include scholarly research. If User is a career services personnel, Educational Purposes include Westlaw access and use solely for placement purposes. Any other use, including any use in connection with User's employment outside of the Law School and any Student internship or externship, is prohibited. Use of the Password is limited to use within the United States, its territories and possessions or Canada. User may transfer and store temporarily insubstantial amounts of downloaded Westlaw Data solely for Educational Purposes. No access to DIALOG on Westlaw is permitted in Canada. Access to certain Features and databases may be restricted by West. Westlaw Charges incurred through use of the Password for Educational Purposes are waived during the term of this Agreement. West reserves the right to collect from User all Westlaw Charges incurred through use of the Password for purposes other than Educational Purposes at the then-current commercial Westlaw rates. If User is a Student, the Passwords will be in effect during the school year and will be suspended each summer unless attendance at Law School classes is mandatory on a year-round basis.
3. Governing Terms.
User's access to and use of Westlaw are governed by the terms and conditions of the Westlaw Subscriber Agreement (including Additional Terms) between Law School and West ("Subscriber Agreement") and this Agreement. In the event of inconsistencies between this Agreement and the Subscriber Agreement, the terms of this Agreement will control.
4. Responsibility for Certain Matter.
User understands and acknowledges that the Password is for his or her use only and that User is prohibited from permitting any third parties to access Westlaw by means of the Password. User will be responsible for all access to and use of Westlaw by means of the Password, whether or not User has knowledge of such access and use. West reserves the right to issue a new Password to User from time to time and to cancel any prior Password.
5. Reservation of Rights.
West reserves the right to modify the terms and conditions of this Agreement as set forth below, specifically including, but not limited to, the right to impose usage limitations on Westlaw access and/or offline transmission.
Terms and Conditions Governing TWEN Access
6. TWEN License.
West grants User the right to access and use, at no charge, TWEN, data made available on TWEN ("TWEN Data") and data and information provided by TWEN users ("TWEN User Data") by means of the Password. TWEN is made available to User under this Agreement and may also be made available under an agreement between Law School and West ("Law School Agreement"). If no Law School Agreement is in existence, TWEN is being made available to User solely under this Agreement. User may use TWEN solely for Educational Purposes. Any other use, including any use in connection with User's employment outside of the Law School, is strictly prohibited.
7. User Content.
7.1. Right to Use.
USER RETAINS ALL RIGHTS (INCLUDING COPYRIGHTS) IN THE TWEN USER DATA AND INFORMATION PROVIDED BY USER. West may use TWEN User Data for testing, file maintenance and similar purposes in connection with TWEN and related West products and services. Other TWEN users can use TWEN User Data only as provided in this Agreement, unless User includes a notice granting greater rights to use User's TWEN User Data.
7.2. Upload and Posting Restrictions.
User agrees not to upload or post (i) any data, information, messages or other materials that User does not have the right to distribute or the provision of which violates the proprietary rights of others; (ii) any data, information, messages or other material that is defamatory, violates another person's or entity's privacy, publicity or other rights, or is obscene, harassing, threatening or offensive; or (iii) any data file that contains viruses or other harmful, disruptive or destructive components. West reserves the right to trace anonymous postings that violate this section.
7.3. Certain Responsibilities.
User agrees to comply with all applicable laws in his or her use of TWEN. User agrees to indemnify West and its licensors from third party claims or actions brought against them and from liabilities, damages, costs and expenses, including attorneys' fees, imposed against them or incurred by them due to User's breach of the this Agreement, User's provision to West of inaccurate or incomplete registration information or relating to User's access to and use of TWEN.
8. Use of TWEN.
8.1 Use of TWEN Data and TWEN User Data
User may print out and download TWEN Data and TWEN User Data only for User's own use, such review of certain TWEN Data and TWEN User Data in hard copy form or incorporation of portions of TWEN Data and TWEN User Data in User's work product.
8.2 Online Notices.
Certain TWEN Data, TWEN User Data and Westlaw Data (collectively, "Data"), include online notices, which will provide different license terms with respect to such Data. To obtain permission from West for additional uses of such Data for Educational Purposes other than that set forth in this Agreement, or for scholarly research, fax a written request (indicating the Data you wish to use and the purposes for which you would like to use such Data) to Copyright Services at 651/687-7551.
8.3. Limited Distribution of TWEN Data and TWEN User Data.
User may also, on an infrequent basis, distribute electronic copies or printouts of individual documents of TWEN Data and TWEN User Data to a limited number of third parties whom (such as, if User is a law professor, to a few other Law School professors or, if User is a student, to a few other students at the Law School or in the law school class in which the User is participating) only for informational purposes. User must retain the copyright and other source-identification notices included with TWEN Data and TWEN User Data. User may not regularly or systematically distribute TWEN Data and TWEN User Data.
User may not sell, license or use TWEN Data or TWEN User Data as a component of any commercial material. User may not archive (i.e., storage that is not temporary) entire documents of TWEN Data or TWEN User Data for subsequent retrieval in any form or medium.
TWEN is copyrighted as a compilation. Except for the licenses granted herein, all right, title and interest in TWEN and TWEN Data (including all copyrights therein) are and shall continue to be the exclusive property of West or other licensors or contributors.
10. No Endorsement
West does not endorse and is not responsible for (i) TWEN User Data posted by TWEN users; (ii) any third-party products and services made available through TWEN; or (iii) data, information, files and other materials included at any third-party Internet sites to which a link or URL is provided on or through TWEN. Statements and opinions expressed by forum facilitators or other West employees (except authorized West spokespersons) do not necessarily reflect the views of, nor are they endorsed by West. In addition, such statements and opinions will not constitute or be considered legal advice. You are solely responsible for determining and verifying the accuracy, completeness, reliability and value of Data, information, products and services you obtain through TWEN.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TWEN AND TWEN DATA ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WEST NOR ANY OF ITS SUPPLIERS OR CONTRIBUTORS OF TWEN DATA ("CONTRIBUTORS") MAKE ANY WARRANTIES OR REPRESENTATIONS (i) THAT USER'S ACCESS TO TWEN OR THE PROVISION OF TWEN DATA WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, OR (ii) AS TO THE RELIABILITY, ACCURACY, CURRENCY OR COMPLETENESS OF TWEN DATA AND ANY THIRD-PARTY DATA AND MATERIALS ON THE INTERNET. NEITHER WEST NOR CONTRIBUTORS ARE RESPONSIBLE IN ANY WAY FOR CLAIMS, ACTIONS, LIABILITIES, DAMAGES OR EXPENSES RESULTING FROM USER'S USE OF TWEN DATA PROVIDED BY TWEN USERS OR FOR OTHER USERS' USE OF USER CONTENT. NEITHER WEST NOR CONTRIBUTORS ARE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE TWEN OR TWEN DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WEST HAS NO LIABILITY WHATSOEVER FOR ANY CLAIM, ACTION, LIABILITY OR DAMAGE RELATING IN ANY WAY (i) TO USER'S ACCESS TO AND USE OF THE INTERNET, INCLUDING ANY INTERNET LINKS OR URLS PROVIDED ON OR THROUGH TWEN, OR (ii) TO THIRD-PARTY GOODS AND SERVICES OFFERED FOR SALE THROUGH TWEN.
12. Information for California Users Only.
Under California Civil Code Section 1789.3, West is required to provide the following information: (a) The provider of lawschool.westlaw.com is West, 610 Opperman Drive, St. Paul, Minnesota 55123, telephone 1-800/514-4111; (b) TWEN charges are currently waived for Users using TWEN for Educational Purposes, as defined in paragraph 2 of this Agreement; and, (c) The Consumer Affairs Center of the California Department of Consumer Affairs may be reached at 400 R. Street, Sacramento, CA 95814, telephone 1-916/445-1254
General Terms and Conditions
13. law school. westlaw.com
lawschool.westlaw.com is an Internet-based service that provides access to Westlaw and TWEN. West grants User a non-exclusive, non-transferable, limited license to use lawschool.westlaw.com. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of westlaw.com nor may user reproduce all or any portion of the components of westlaw.com. User may use Data cached in User's local disk drive solely in support of its use of westlaw.com. The performance of lawschool.westlaw.com varies with the manufacturers' equipment with which it is used.
West may, at any time without notice, amend this Agreement and modify, enhance or delete databases, features and services. User will be notified of the amended or new terms of this Agreement and such new terms will be made available online and will be effective immediately upon West's posting. User is responsible for regularly reviewing this Agreement. BY USING WESTLAW OR TWEN AFTER ANY AMENDMENT BY WEST, YOU AGREE TO BE BOUND BY THE AGREEMENT AS AMENDED. Continued use of Westlaw and TWEN after any such changes also constitutes User's consent to such changes.
15. No Assignment
User may not assign, sublicense or otherwise transfer this Agreement or any part of it (including User's Student Password) to a third party without West's prior written consent. User is responsible for all access to and use of Westlaw and TWEN by means of User's Password, even if User did not know of or authorize such access and use.
16. Terms and Termination.
This Agreement will be effective upon User's first access to Westlaw or TWEN by means of the Password..Passwords issued to Students will terminate on User's graduation ceremony date or two calendar months following User's graduation ceremony date if User is a Student who is properly registered in West's extension program. Passwords issued to Law School Personnel will terminate when User's employment with the Law School terminates. However, (i) User may terminate this Agreement at any time by giving West notice (by e-mail at or by United States mail to West Academic Programs 610 Opperman Drive, St. Paul, Minnesota 55123-1396) and ceasing all use of Westlaw and TWEN, the Password, and/or lawschool.westlaw.com, and (ii) West may terminate this Agreement and User's right to access and use Westlaw and TWEN, and/or lawschool.westlaw.com respectively at any time by revoking the Password. Further, this Agreement will terminate automatically upon any termination of the Law School's Westlaw Subscriber Agreement or TWEN Agreement, if User is no longer enrolled as a Student at the Law School, if User is a non-law school Student and his or her authorized law school class terminates or if User is Law School Personnel that is no longer employed at the Law School. Upon any termination of this Agreement, User's Password will automatically be revoked.
17. General Provisions
The laws of the State of Minnesota will govern this Agreement. If any provision(s) of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of the Agreement will not be affected. Failure to enforce any provision of this Agreement will not waive a party's right to enforce such provision.