Please read this End User License Agreement (“EULA”) carefully before using the Themis Solutions Inc. dba Clio (and its subsidiaries) (“Themis”) Clio for Clients website (“Client Website””), which allows You to access in a limited capacity certain registered client-facing features of the Themis software services (“Services”) as made available to you by a subscriber of the Services, in many cases a lawyer or law firm (“Subscriber”) from Your desktop . This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Themis (each separately a “Party” and collectively the “Parties”) as of the date youfirst access the Client Website.. Your use of the Client Website is subject to this EULA. You may have entered into a separate client agreement (“Registered Client Agreement”) with a Subscriber. With respect to the use of the Client Website, and to the extent any Registered Client Agreement may conflict with this EULA, the terms of this EULA will govern and control solely with respect to use of the Client Website , and Themis is not a party to any Registered Client Agreement.
1. License. Themis grants You a revocable, non-exclusive, non-transferable, limited license to use the Client Website for Your personal and internal business purposes strictly in accordance with this EULA.
2. Your Account. Your use of the Client Website requires that You are a registered client of a Subscriber. You may be required to provide information about Yourself in order to register for and/or use the Client Website. You agree that any such information shall be accurate.
3. Changes to this EULA. Themis reserves the right to modify this EULA at any time and for any reason. Themis will post the most current version of this EULA at https://www.clio.com/tos/clio-for-clients-user-agreement/ and You will receive notification of the changes via[email or through in service notifications. Your continued use of the Client Website after Themis publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. Maintenance and Support. Themis may deploy changes, updates, or enhancements to the Client Website at any time. Themis will provide maintenance and support for the Client Website which you may access at Clio Support.
5. Acceptable Use. You agree that You will not use or encourage others to use the Client Website or the client-facing Services as accessed through the Client Website in an unlawful manner or in any way that could harm or impair others’ use of the Client Website or the Services..
7. Consent to Electronic Communications. Byaccessing the Client Website , You authorize Themis to send You via email) information regarding the Client Website , such as: (a) notices about Your use of the Client Website , including notices of violations of use; and (b) updates to the Client Website and new features or products. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Notifications” section of the Client Website settings.
8. No Warranty. YOUR USE OF THE CLIENT WEBSITE IS AT YOUR SOLE RISK. THE CLIENT WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEMIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Use of the Client Website requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Client Website involves hardware, software, and Internet access, Your ability to access and use the Client Website may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
9. Suspension and Termination of the Client Website . Themis reserves the right to suspend or terminate Your access to the Client Website at any time based on the status of Subscriber’s subscription to the Services. You understand that if Subscriber’s account is suspended or terminated, You may no longer have access to access content through the Client Website .
10. Intellectual Property Rights. In the event of a third party claim that the Client Website , infringes third party’s intellectual property rights, Themis will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
12. Governing Law. This EULA shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the province of British Columbia, Canada and shall be considered to have been made and accepted in British Columbia. All disputes under this EULA will be resolved by the courts of British Columbia in Vancouver and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If You are based outside of Canada or the United States of America, then the Themis contracting party is Themis Solutions (Ireland) Limited and this EULA will be governed by and construed in accordance with the law of Ireland and shall be considered to have been made and accepted in Ireland and you irrevocably submit to the non-exclusive jurisdiction of the Irish courts. In any action or proceeding to enforce any rights under this EULA, the prevailing party shall be entitled to recover costs and legal fees.
13. Contact Information. If You have any questions regarding this EULA, please contact Themis Support by email at [email protected], by phone at 1-888-858-2546, or by mail at 300-4611 Canada Way, Burnaby, BC V5G 4X3, Canada.
14. Third Party Beneficiaries. This EULA is executed between You and Themis and not between you and any other party. Themis is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.