Usage Statement

Usage Statement

SOCRATES, INC. ("SOCRATES") offers this Web Site and/or Web Viewer, socratesinc.com and SOCRATES®-WEB Viewer, socratesweb.com (hereinafter individually and/or collectively referred to as the "Web Site" and/or Web Viewer) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site and/or Web Viewer. By using the Web Site and/or Web Viewer, you signify your assent to the Terms and Conditions and any subsequent modifications. SOCRATES may revise the Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you review the Web Site and/or Web Viewer as they are binding on you. IF YOU DO NOT AGREE TO THE TERMS OF USE SET FORTH HERE, PLEASE DO NOT USE THIS WEB SITE AND/OR WEB VIEWER.

Personal and Noncommercial Use

The information provided by SOCRATES on this Web Site is general in nature and provided for informational purposes only. The Web Site and/or Web Viewer are for your personal and noncommercial use. As a condition to your continued use of the Web Site and/or Web Viewer, your warrant to SOCRATES that you will not use this Web Site and/or Web Viewer for any purpose that is unlawful or prohibited by these Terms and Conditions.

Restricted to Adults

You must be at least 18 years of age to use the Web Site and/or Web Viewer. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this Web Site and/or Web Viewer by minors in your family, or (ii) limiting access to your computer or login to the extent necessary to restrict its use to adults.

Registration

To use and access certain features of this Web Site and/or Web Viewer, you must register with SOCRATES, on the form(s) provided on this Web Site and/or Web Viewer. You agree to provide true, accurate, current and complete information about yourself as prompted by the Web Site and/or Web Viewer Page registration form, as well as, maintaining and promptly updating the information that you provide is true, accurate, current and complete. If SOCRATES has reason to suspect that such information is untrue, inaccurate, not current, or incomplete, then it shall have the right to suspend and or terminate your account and refuse any and all current and future use and/or accessibility (or any portion thereof). SOCRATES use of any personally identifying information you provide to SOCRATES as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of this Web Site and/or Web Viewer, you may need a username and password. These can be received through the registration process. You are responsible for maintaining the confidentiality of the username, password and account and are responsible for all activities that occur under your username, password or account. You agree to notify SOCRATES immediately of any unauthorized use of your username, password or account or any other breach of security. You also agree that you will exit from your account at the end of each session. SOCRATES shall not and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. It is advised that you also read our privacy policy at www.socratesinc.com or www.socratesweb.com.

Disclaimer of Warranties

Neither SOCRATES nor its employees, agents, partners or licensors warrant that the Web Site and/or Web Viewer or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible of for implementing sufficient procedures for accuracy of data impute or output, backing up your data and protection from malicious or damaging computer software. If you use the Web Site and/or Web Viewer results for servicing or replacing property or materials, equipment or data, SOCRATES is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site and/or Web Viewer on behalf of SOCRATES.

Reliance on any information presented on the Web Site and/or Web Viewer is at your own risk. SOCRATES reserves the right to change or discontinue any aspect or feature of the Web Site and/or Web Viewer at any time.

You acknowledge that, in connection with the Web Site and/or Web Viewer, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned and maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of SOCRATES. Accordingly, SOCRATES assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Web Site and/or Web Viewer.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE AND/OR WEB VIEWER IS PROVIDE TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THIS WEB SITE AND/OR WEB VIEWER.

SOCRATES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE AND/OR WEB VIEWER CONTENT, SOFTWARE TEXT, GRAPHICS AND LINKS OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE AND/OR WEB VIEWER AND MAKES NO WARRANTIES ON THIS WEB SITE AND/OR WEB VIEWER WITH REGARDS TO SOCRATES PRODUCTS AND SERVICES.

Limitation of Liability

IN NO EVENT SHALL SOCRATES, IT SUBSIDIARIES AND AFFILIATES OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE AND/OR WEB VIEWER BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND/OR WEB VIEWER OR THE CONTENT OF THE WEB SITE AND/OR WEB VIEWER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOCRATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SOCRATES SHALL BE LIALBE TO OU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU NOT TO EXCEED U.S. ONE HUNDRED DOLLARS ($100.00).

Because some state and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

Indemnification

You agree to defend, indemnify and hold SOCRATES, it subsidiaries and affiliates and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, you use of the Web Site and/or Web Viewer in a manner that violates or is alleged to violate these Terms and Conditions. SOCRATES shall provide you with prompt notice of such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Links

This Web Site and/or Web Viewer links to other Web Site and/or Web Viewers operated by third parties. The inclusion of any link to such sites does not imply endorsement by SOCRATES of the site, but for your reference and convenience only. SOCRATES has not reviewed all of sites lined to the Web Site and/or Web Viewer and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Web Site and/or Web Viewer nor does SOCRATES recommend or endorse any products, services or procedures that may be mentioned on or represented on the sites linked to our Web Site and/or Web Viewer. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.

Unless otherwise prohibited under the Terms and Conditions, you are hereby licensed to create hyperlinks to the content of the Web Site and/or Web Viewer, provided that the hyperlink accurately describes the content as it appears on the Web Site and/or Web Viewer. SOCRATES reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Web Site and/or Web Viewer or any of its contents or copy portions of the Web Site and/or Web Viewer to a server, except as part of an Internet service provider's incidental caching of pages. Each page within socratesinc.com or socratesweb.com must be displayed in full (including all trademarks, branding, advertising and promotional materials) without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web Site and/or Web Viewer.

Copyrights

SOCRATES retains the full copyright ownership, rights and protection in all material contained on this Web Site and/or Web Viewer (including all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, or sell any material contained on this Web Site and/or Web Viewer without the prior written consent of SOCRATES.

You may, however make single copies of materials displayed on the Web Site and/or Web Viewer for your own personal and noncommercial use, provided any copies include the copyright and other notices displayed with the materials on the Web Site and/or Web Viewer.

None of the materials contained on the Web Site and/or Web Viewer may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in ay form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of SOCRATES.

Trademarks

SOCRATES, Subrogation Outsourcing Case Review And Tracking Empowerment System, SOCRATES- Import, SOCRATES-SCAN, SOCRATES-Viewer, SOCRATES-VIEWER Web, MY SOCRATES, MY SOCRATES Bar Code and the SOCRATES logo are registered trademarks or service marks of SOCRATES, INC. or its subsidiaries. Other company and product names may be trademarks of the respective companies with which they are associated. The mention of such companies and product names on the Web Site and/or Web Viewer is due recognition and without the intent to misappropriate such names or marks.

Termination

You agree that SOCRATES may terminate your use of the Web Site and/or Web Viewer if SOCRATES reasonably believes that you have violated or acted inconsistently with the letter and spirit of these Terms and Conditions of Use, or violated the rights of SOCRATES or any third party, or for any reason without notice to you. You agree that SOCRATES will not be liable to you or any third party as a result of such modification or discontinuation.

Survival

The provisions entitled "Disclaimer of Warranties," "Limitation of Liabilities," "Indemnification" and "General Provisions" will survive the termination of this agreement.

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with SOCRATES, or in any way relating to the use of the Web Site and/or Web Viewer ("Legal Action"), resides in the courts of the Commonwealth of Pennsylvania, County of Allegheny. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of the federal courts shall be instituted in the federal court in the Western District of Pennsylvania. The Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to conflict of law principals. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. Now waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or conditions or any other term or condition. Any cause of action you may have with respect to SOCRATES must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Notice

SOCRATES may deliver notice to you under the Terms and Conditions by means of electronic mail, general notice on the Web Site and/or Web Viewer, or by written communication delivered by first class U.S. mail to your address of record in SOCRATES account information. You may give notice to SOCRATES at any time via electronic mail to pgitnik@gitnik.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

SOCRATES, Inc.
111 Ryan Court, Suite 300
Pittsburgh, PA 15205
Phone: 1.800.653.3144, 412.278.5800
Fax: 1.412.278.5810
Attention: Legal Notices Departments

It is advised that you also read our HIPAA and Privacy policies and Legal statement at www.socratesinc.com or www.socratesweb.com.

Last Updated: March 17, 2009