TERMS OF SERVICE
These Subscriber TERMS OF SERVICE (“Terms of Service”) constitute a binding contract between you
(“Subscriber” or “Customer” or “you”)
and the ELECTRONIC DISCOVERY INSTITUTE (“Company”)
and the DISTANCE LEARNING Program (“Service”), regarding the terms
under which the Company will provide Subscriber with access to the Services.
By registering for and/or using the Services, you agree to this Terms of Service and all other operating rules, policies
and procedures that may be published from time to time on the Site by the Company, each of which is incorporated
by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us on occasion; your use of
such Services is subject to those additional terms and conditions, which are incorporated into this Terms of Service.
This Terms of Service Agreement applies to all users of the Services, including, without limitation, users who are
contributors of content, information, and other materials or services, registered or otherwise.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE
ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-
“Effective Date” - refers to the date that the Company confirms Subscriber’s right to use the Subscription Website.
“Services” - means the Public Website, the Subscription Website, and their entire contents, features and functionality
(including but not limited to, all information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof, the Standard Content, the Exercise Files, and any documentation pertaining to
“Subscriber” - also referred to as “Member”, refers to an individual/entity/organization/institution that has the right
to access the Subscription Website via a Subscription Fee (“Paid Subscription”). A Subscriber must be at least 18
years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Subscriber
resides (and if a minor, have the permission of a parent or legal guardian to access the Subscription Website), and
possess the legal right and ability to enter into binding contracts.
Subscriber agrees on behalf of itself, where applicable, to treat password, usernames, and other security information
(“Authentication Information”), as confidential and to not provide any other person with access to the Subscription
Website or portions of it using Subscriber’s (or the Authorized End User’s) Authentication Information. Subscriber will
notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company
has the right to disable any Subscriber access to the Services at any time, at its sole discretion [for any or no reason,
including] if, in the Company’s opinion, Subscriber has violated any provision of these Terms of Service or appear
likely to do so.
“Subscription” - refers to a right to use the applicable portion of the Subscription Website as a Subscriber under a
Paid Subscription or other form of right and/or fee to access the Subscription Website.
“Subscription Term” - means the period of time that a Subscriber may utilize the applicable portion of the
“Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair
or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications
service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to
or the operation of any program or data, including the reliability of any program or data (whether by re-arranging,
altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience,
including worms, trojan horses, viruses and other similar things or devices.
“Website” - means all information, content, concepts, program interfaces, structures, functionality, computer code,
published materials, electronic documents, graphic files and other technology inherent in Company's website located
(2) INFORMATION ABOUT THE COMPANY
EDI DISTANCE LEARNING is provided by the Electronic Discovery Institute (EDI). The Electronic Discovery Institute is a registered
501(c)(3) non-profit organization, dedicated to education, leadership, service, advocacy and research at the
intersection of law and technology.
(3) SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
Subject to these Terms of Service, Subscriber will be granted a limited, non-exclusive, revocable, non-transferable,
and non-sublicenseable right to access that portion of the Subscription Website applicable to the Subscription type.
By agreeing to grant such access, the Company does not obligate itself to maintain the Website, or to maintain it in its
present form. The Company may upgrade, modify, change or enhance the Services and convert a Subscriber to a new
version thereof at any time at its sole discretion, to the extent that this is not detrimental to Subscriber’s use of the
Services and on reasonable prior notice to Subscriber (unless the change is of critical business importance or outside
the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably
Subscriber agrees to abide by any rules or regulations that the Company publishes with respect to conduct of
Subscribers and other users of the Website, which rules and regulations are hereby incorporated into these Terms of
Service by this reference. The Company reserves the right to deny a Subscriber access to the Subscription Website if,
at the Company’s sole discretion, Subscriber has failed to abide by these Terms of Service or appear likely to do so.
Subscriber accepts that the Company at its sole discretion may, but has no obligation to, monitor the Services or any
portion thereof, and/or to oversee compliance with these Terms of Service.
Subscriber promises, acknowledges, and agrees that:
Access privileges may not be transferred to any third-parties;
It will not access, store, distribute or transmit any Viruses;
It will comply with all applicable laws and regulations with respect to use of the Services;
It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component
It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the
source code from the object code made available hereunder;
It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,
republish, download, store or transmit the Services or any portion thereof;
It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of
materials from the Website or contained in the Services;
It is solely responsible for acquiring, installing, operating and maintaining the hardware and software
environment, network connections, and telecommunication links, necessary to access and use the Services;
It will not use the Services in any manner, or in connection with any content, data, hardware, software or
other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other
intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or
violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
(4) AVAILABILITY OF WEBSITE
Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of
information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the
course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a
continual twenty-four hour basis due to such delays, or delays caused by the Company's upgrading, modification, or
standard maintenance of the Website.
(5) INTELLECTUAL PROPERTY RIGHTS.
The Services are owned by the Company, its licensors or other providers of such material, and are protected by
United States and international copyright, trademark, patent, trade secret and other intellectual property or
proprietary rights laws.
No right, title or interest in or to the Services or any portion thereof, is transferred to any Subscriber, and all rights not
expressly granted herein, are reserved by the Company.
The Company name, the Company logo, and all related names, logos, product and service names, designs and
slogans, are trademarks of the Company or its affiliates or licensors. Subscriber may not use such marks without the
prior written permission of the Company. All other names, logos, product and service names, designs and slogans on
this Website are the trademarks of their respective owners.
(6) COMPANY OBLIGATIONS
The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled
maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or
not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined
below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the
Services contrary to the Company's instructions, or modification or alteration of the Services by any party other than
the Company. If the Services are in non-conformance with the foregoing undertaking, the Company will, at its
expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide
Subscriber with an alternative means of accomplishing the desired performance.
(7) FEES AND PAYMENT
Subscription Fee. Subscriber agrees to pay the appropriate fee corresponding to the particular Services that it wishes
to access for the applicable Subscription Term (“Subscription Fee”). The Company reserves the right to change the
Subscription Fee with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all
fees are non-cancellable and non-refundable.
Payment Details. Subscriber agrees to provide the Company with valid, up-to-date and complete debit/credit card,
contact and billing details. Subscriber further authorizes the Company to bill such debit/credit card on the Effective
Date for the Subscription Fee due for the Subscription Term. If, for any reason, Subscriber’s credit/debit card
company refuses to pay the amount billed for the Services, Subscriber agrees that Company may, at its option,
suspend or terminate Subscriber’s subscription to the Services and require Subscriber to pay the overdue amount by
other means acceptable to the Company. Company may charge a fee for reinstatement of suspended or terminated
accounts. Subscriber agrees that until its subscription to the Services is properly terminated, it will continue to accrue
charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to
collect on balances due, Subscriber agrees to reimburse the Company for all expenses incurred to recover sums due,
including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United
(8) TERM AND TERMINATION
General Subscription. Subscriber may subscribe to the Services for the applicable term of the specific Subscription
commencing on the Effective Date (“Initial Term”). Thereafter, the Subscription will renew automatically on the
corresponding anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with
the Initial Term, the “Subscription Term”), until Subscriber notifies Company of its intention not to renew prior to the
end of the then-current term.
Termination. The Company reserves the right to terminate or suspend access to all or any portion of the Services for
violation or suspected violation of these Terms of Service.
Effect of Termination. Subscriber will have no further rights to access the Subscription Website. Termination will not
affect the rights or liabilities of either party that accrued prior to termination.
Subscriber agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of
these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not
limited to, the Subscription Website.
(10) THIRD PARTY LINKS OR INFORMATION.
This Website may contain links to other websites that are not operated by or related to Company. Company is not
responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate,
monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website
does not imply approval or endorsement of the linked website by Company. A Subscriber that leaves this Website to
access these third-party sites does so at its own risk.
(11) DISCLAIMERS OF STATEMENTS/WARRANTIES.
Subscriber’s use of the services or items obtained through the services is at its own risk. The services are provided on
an "as is" and "as available" basis, without any statements or warranties of any kind, either express or implied.
Neither company nor any person associated with company makes any statement, warranty or representation with
respect to the completeness, security, reliability, quality, accuracy or availability of the services. Without limiting the
foregoing, neither company nor anyone associated with company promises that the services or items obtained
through the services or any portion thereof, will be accurate, reliable, error-free or uninterrupted, that defects will be
corrected, that the services or the website or the server that makes it available, are free of viruses or other harmful
components, or that the services or items obtained through the services will otherwise meet subscriber’s needs or
expectations. Company hereby disclaims all warranties of any kind, whether express or implied, statutory or
otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular
purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. No
verbal or written representations, information or advice given by company or its authorized representative shall
create a warranty or in any way increase the scope of this warranty.
(12) LIMITATION OF LIABILITY.
Company does not in any way exclude or limit its liability for (i) death or personal injury caused by its negligence; (ii)
fraud or fraudulent misrepresentation; or (iii) any other matter for which it would be illegal for company to exclude or
attempt to exclude its liability.
Subscriber agrees to compensate and defend fully Company, its officers, employees, agents, successors and assigns,
from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-
party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant,
obligation or duty of Subscriber under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification,
and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
Except, for any provisions determining the primary contractual obligations of Subscriber and Company hereunder,
Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business
needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in
technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in
system capabilities. Changes are effective immediately upon posting and Subscriber’s continued use of any of the
Services following the posting of revised Terms of Service means that Subscriber accepts and agrees to the changes,
to the extent permitted by applicable laws.
Subscriber may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of
Service and/or subcontract some or all of its obligations hereunder at any time.
Subscriber acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service
may cause Company irreparable damage, for which the award of damages would not be adequate compensation.
Consequently, Company may seek an injunction to prevent Subscriber from taking any and all acts in violation of
those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an
injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which
Company may be entitled at law or in equity.
(18) ARBITRATION CLAUSE AND CLASS ACTION WAIVER
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A
THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES
RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY,
WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S
RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY
JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND
OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an
alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules
and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You
may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide
arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE
AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY
RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to
participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving
another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by
the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration
Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then
either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation
Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent
jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages,
remedies or awards that conflict with this User Agreement.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained
above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.
This arbitration agreement will survive the termination of your relationship with us.
(19) GOVERNING LAW AND VENUE
These Terms of Service shall be construed and governed by the laws of the State of Florida, without regard to the
principles of conflict of laws thereof. Subscriber agrees and accepts that any legal action or proceeding shall be
brought in the federal or state courts for the State of Florida, County of Broward, and Subscriber expressly waives any
objection to personal jurisdiction, venue or forum non convenience. Additionally, in the event of any dispute or claim
relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort,
infringement), Subscriber agrees that all such disputes/claims will be resolved by means of a court trial conducted by
the superior or district court in Broward County, Florida, and Subscriber expressly waives any right it may otherwise
have to a jury trial.
Legal notices may be sent to email@example.com
(if by email), or at www.lawinstitute.org, Attn: Legal
Department, P.O. Box 75509, Washington, DC 20013 (if by conventional mail). Notices to Subscriber may be sent
either to the email address supplied in Subscriber’s account or to the address supplied by Subscriber as part of its
registration data. In addition, Company may broadcast notices or messages through the Website to inform of
changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Subscriber to
the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed
delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b)
two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five
business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted
by email; or within three (3) days after Company posts a notice on the Website.
(21) FORCE MAJEURE
Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations
that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any
act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to,
restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party
mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or
failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
the “Policies” and individually, the “Policy”). Company reserves the right to modify either Policy at any time, and to
the extent permitted by applicable law, changes to the Policies are effective immediately upon posting on the
Website. Subscriber’s continued use of any portion or all, of the Services, following the posting of a revised Policy
means that Subscriber accepts and agrees to the changes. In the event of an express conflict between the Terms of
Service and the terms of the Policies, the Terms of Service will prevail.
(23) CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA).
Subscriber acknowledges that the law requires parental consent to collect or use information from a child under 13. If
you are a child under 13, please show these Terms of Service to your parent or legal guardian, and do not use the
Services without verifiable parental consent pursuant to the Children's Online Privacy Protection Act. If you as the
Subscriber are a parent or legal guardian of a child under the age of 13, who may access or use the Services, you
hereby give your express consent for that child to use the Services, which include all the features and functionality
pertaining to your Subscription, including social media/community features. You represent and warrant that you will
not allow a child under the age of 13 to use the Services if you do not agree to the provisions of this Section.
(24) NO THIRD PARTY BENEFICIARIES
No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary of these
Terms of Service or any provision hereof.
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such
provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the
fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and
(26) WAIVER AND AMENDMENT.
If Company fails to insist upon strict performance of Subscriber’s obligations under any of these terms and
conditions, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of
Service, this will not constitute a waiver of such rights or remedies and will not relieve Subscriber from compliance
with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and
no waiver by Company of any of these terms and conditions will be effective unless it is expressly stated to be a
waiver and is communicated to Subscriber in writing.
(27) GEOGRAPHIC RESTRICTIONS.
Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through
Website from time-to-time, is subject to United States Export Controls. No Service Functionality from the Website
may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list
of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By
downloading or using any Service Functionality, Subscriber represents and warrants that it (and its Authorized End
Users, where applicable) are not located in, under the control of, or a national or resident of any such country or on
any such list. Although the Website may be accessible worldwide, Company makes no representation that materials
on the Website are appropriate or available for use in locations outside the United States, and accessing them from
territories where their contents are illegal, is prohibited. Those who choose to access the Website from other
locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product,
service, and/or information made in connection with the Services is void where prohibited.
(28) COMPLETE UNDERSTANDING.
and Company with respect to the Services, and supersedes all prior and contemporaneous understandings,
agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.