Fios, Inc. | Electronic Discovery Simplified®  
TERMS OF USE
PLEASE REVIEW THESE TERMS OF USE ("TERMS") FOR THE FIOS INC. WEBSITE (THE "SITE"). BY USING THE SITE, YOU AGREE TO THE FOLLOW AND BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU SHOULD STOP USING THE SITE.

In the event of a conflict between these Terms and the terms of any written agreement or contract between Fios and you or your employer, the written agreement shall control, except that any information or documents that you upload, post, transmit, distribute or otherwise publish on or to the Site shall not be treated as confidential information unless transmitted to a portion of the Site expressly designated for that purpose.

Please review these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.

Intellectual Property
Unless otherwise noted, you should assume that everything you see, hear, or otherwise receive from or on the Site (the "Content") is copyright, trademark, trade dress or other intellectual property owned or licensed by Fios Inc. ("Fios") and protected under U.S. and international laws and treaties. Content includes, without limitation, software, images, graphics, artwork, photographs, trademarks, logos, text, documents, media, video, audio, sounds, the Site as a whole, and the selection, coordination and arrangement of Content.

FIOS, FENS, DISCOVER THE ANSWER, PREVAIL, ELECTRONIC DISCOVERY SIMPLIFIED and their associated logos are trademarks or service marks of Fios. This is not an exhaustive listing of Fios trademarks or service marks. Use of any Fios trademark, service mark, logo or trade dress is prohibited without prior written permission from Fios. Other trademarks used on the Site are the property of their respective owners.

Your Use of the Site
You may use or download Content for the purposes expressly stated for that Content on the Site, or for your personal noncommercial purposes, provided you keep unchanged all copyright and other notices with the Content. No other use, modification, reproduction, display or distribution of any Content is permitted.

You agree to make only lawful use of the Site, and to use the Site only in compliance with all federal, state and local laws and regulations and any contract you or your employer may have made with Fios, including these Terms. You agree to make no use of the Site that violates anyone else's rights, including copyright, trademark, trade secret, right of privacy, right of publicity or other rights.

You agree not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that contain a software virus or other harmful component. You agree not to publish to the publicly available areas of the Site any materials that contain advertising or commercial material of any kind, except as expressly invited by Fios. You agree not to publish to the publicly available areas of the Site any materials that are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful. Fios is not responsible or liable for the conduct of any person using the Site.

Fios may change, suspend or discontinue any Site feature, or restrict your access to certain Site features, at any time without prior notice.

Software License
You acknowledge and agree that Fios and/or its licensors own the software offered on the site all documentation distributed with it, and any upgrades, updates or enhancements to it (collectively, the "Software"). The Software is protected under copyright and other intellectual property laws of the United States and international copyright treaties. Upon installing the Software, you acknowledge and agree to the Terms. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.

Fios grants to you, and you accept, a limited, non-exclusive, nontransferable, revocable license to use the Software, in machine readable, object code form only, on one personal computer ("License"). You agree to use the Software only as authorized by the Terms. The Terms convey no ownership rights or any other interest in the Software. You will not copy, change, translate, decompile, disassemble, reverse engineer, loan, lease or sublicense the Software or any copy thereof. You will protect the Software from unauthorized use, modification, reproduction, distribution or publication.

The License is effective on the date you lawfully acquire the Software, and will remain in force until terminated. You may terminate the License by removing the Software from your computer and destroying all copies of the Software. The License will automatically terminate if you breach any of the Terms. You agree to remove the Software from your computer upon termination.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY. FIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FIOS SHALL NOT BE LIABLE UNDER ANY THEORY FOR DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL FIOS OR ITS LICENSORS BE LIABLE FOR ANY LOST PROFIT OR ANY OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, DIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBLITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The Software is provided with restricted rights. Notwithstanding any other lease or license that may pertain to, or accompany the delivery of, this software, the rights of the U.S. Government regarding its use, reproduction and disclosure are as set forth in Section 52.227-19 of the FARS Computer Software-Restricted Rights clause.

By clicking "I agree," you state that you are over 18 years of age and competent to enter into a contract. If you are installing software for use at or by your employer, you state that you are authorized to enter this contract for your employer.

Links
Any links from the Site to third party sites are provided only as a convenience. Your use of outside links is at your sole risk. Such links do not mean that Fios endorses any third party, its site, or its goods or services. Fios is not responsible for any outside site, service or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. If you have concerns regarding any site linked to or from the Site, please direct them to the owner or operator of the site.

You may not link to any pages other than the Fios home page. You may not create links to the Site that portray Fios in a false or misleading light. You may not use any "framing" or similar techniques to enclose any portion of the Site.

User Comments and Submissions
To submit comments regarding our Site or services, please contact us. However, if you are dissatisfied with the Site, any Content, or any of the Terms, your sole and exclusive remedy is to stop using the Site.

Disclaimers and Limitations of Liability.
YOU USE THE SITE AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, FIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. FIOS PROVIDES THIS SITE, ALL CONTENT AND ALL INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE, "AS IS." FIOS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

FIOS WILL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGE RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF FIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Fios does not warrant that your use of the Site, the operation of the Site, or any service offered on or through the Site, will be uninterrupted or error free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful elements. Fios makes no representations regarding the currency, accuracy or reliability of information on the Site.

Indemnification
You agree to assume full responsibility for any use of any information, goods or services offered on or through the Site. You understand and agree that Fios will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services on the Site.

You agree to defend, indemnify and hold harmless Fios and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site or your violation of any of the Terms.

Termination
Your failure to comply with the Terms automatically revokes your authorization to use the Site and any Software, and terminates any and all rights granted to you under the Terms. Your obligations to Fios will continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of any Content.

Applicable Law and Dispute Resolution
The Terms will be construed according to the laws of the State of Oregon, U.S., without regard to its conflicts of laws principles. Any dispute arising under or relating to the Terms, the Content, the use of the Site, or any services obtained using this Site, shall be resolved by a court of competent jurisdiction located in Multnomah County, Oregon. Your use of the Site constitutes your consent to submit to the jurisdiction and venue of the state and federal courts located in Oregon. In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys' fees.

Miscellaneous
If a court of competent jurisdiction finds any provision or portion of the Terms to be void or unenforceable, that provision or portion will be enforced to the maximum extent permissible to implement the intent of the Terms, and the remainder of the Terms will remain in full force and effect. No waiver of any of the Terms shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under the Terms. The Terms are the entire agreement between you and Fios relating to the Site. Any other agreement between you and Fios regarding the subject matter of the Terms is superseded and has no force or effect. All rights not expressly granted herein are reserved.

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