1. ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS AND CONDITIONS
These Terms and Conditions govern the legal relationship between VLEX and you as a user and/or Customer of VLEX. It also applies if you use our Website, if you sign up for a free trial of our services, or if you subscribe to our services through any of our affiliates or network of distributors.
By browsing our website, clicking on the “accept” box on a web registration or by accepting a purchase order that upholds these conditions, you are accepting these Terms and Conditions. The purchase order will not contradict what it is stated in these Terms and Conditions except when such possibility is stated clearly in the purchase order. If you do not agree with these Terms and Conditions, we beg you to abstain from using this website, logging onto it, or requesting any services provided by VLEX.
If the Customer is a legal entity, the person accepting these Terms and Conditions verifies that he or she has been authorized by the Customer to accept said Terms and Conditions under the Customer’s name. If you are unauthorized, or if you do not accept these terms and conditions, you should not use the services of VLEX.
You may not access our services if you are a direct competitor unless there’s a previous understanding with VLEX.
- “Account administrator”: the user of the organization designated and authorized by the Customer to edit his information as well as to activate or delete users from said organization.
- “Affiliate”: for the purposes of these General Conditions, an “affiliate” is any entity that controls or is controlled, directly or indirectly, or that is under the control of VLEX Networks, SL, VLEX, LLC or 9766758 Canada, Inc. For the purposes of this definition, “control” means that there is a direct or indirect control or possession of the title of ownership or of more than 50% percent of the votes of said entity.
- “Content”: The information obtained from VLEX, whether it be content generated by VLEX or by a third party that has licensed its contents to VLEX, or content that has been obtained by public sources.
- This also includes images, illustrations, and PDF images as well as the software, design, icons, and any other content that is or that will be on the website in the future.
- “User Content”: all the information and electronic data generated by users of our service such as tags, logos, notes, names of files, key words, documents, etc. while using said service.
- “The service,” or “products and services”: all products and services, whether or not free, available on the website, as well as the website applications that have been added by VLEX for the Customer.
- “The Customer”: the person or legal entity/organization that subscribes to VLEX.
- “The User”: The people authorized by the Customer to use the Service within his organization, for whom the service has been requested and for whom the Customer (or VLEX under the Customer’s request) has created a username and password, or other identification method accepted by VLEX.
- “License”: unique, individual, nontransferable access given to each and every one of the users that are able to use our Service.
- “Purchase Order,” “Order,” “Subscription Order,” or “Online Registration Form”: document that specifies the services that the Customer is requesting and that VLEX or its affiliates will provide, as well as the price and Terms and Conditions. It also includes any supplement or annex. The term “Purchase Order” is also considered to be the form completed online or the contract executed by the parties. Accepting any Purchase Order implies accepting these General Terms and Conditions as if they were part of the original.
- “Online registration”: the online activation of the Customer’s Services, whether they be free or purchased, where the Customer’s and the users’ information is provided.
- “Contracted services”: the Services that the Customer has purchased/subscribed to through the Purchase Order or the Online Registration Form.
- “Website”: the internet sites, including VLEX.COM as well as other domains that include the VLEX label, and those that are operated by VLEX and/or its affiliates.
- “Terms and Conditions”: The general conditions included in this document, the particular terms and conditions.
- “VLEX”: the companies VLEX NETWORKS, SL, VLEX, LLC, and any of their affiliates.
3. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
You may Access the most up-to-date version of these Terms and Conditions whenever you’d like, through the following link: http://us.vlex.com/terms-use
VLEX may, at any point, modify the General Terms and Conditions of the Service. The modified versions of the Terms and Conditions will appear on this website and, without prejudice to the communication that will be made to the customer, will come into force immediately. It is the Customer’s responsibility to check the General Terms and Conditions regularly. Continuing to use the Service constitutes the acceptance of the modifications applied.
If VLEX hires the services of a trusted third party to update the content of the current Terms and Conditions, both parties agree to only accept as valid the version of the text registered on the third party’s system and certified by said party.
4. ADDITIONAL TERMS
The Customer acknowledges that the use or engagement of certain Services or Contents may be subject to Supplementary Terms, which will be published or communicated to the Customer on the Purchase Order by accessing said Services or Contents, or by referral of these Terms and Conditions.
Particular contents provided by GALE GROUP and PROQUEST will be regulated by these specific Conditions:
5. RESPONSIBILITIES OF VLEX
5.1. Provisions of the contracted services
VLEX will provide access to the Services and Contents contracted on the Purchase Orders that apply. It will also provide customer service to reasonable Customers with no additional charge. VLEX will make reasonable efforts to ensure that the contracted services are available 24 hours a day, 365 days a year, with a quality of service that compares to the standards of the Online Information Industry except for certain cases when the Customers have been previously informed of the situation or when there is a lack of availability derived from circumstances that go beyond the reasonable control of VLEX, such as errors of Internet service provider, computer attacks, government orders, etc.
This website uses Google Adwords, Google Analytics, and Google’s display net to display ads for its guests on other websites after they visit our website.
This practice is known as remarketing and it’s a tool used by Google. We, in collaboration with the services of third parties (Google and DoubleClick), use origin cookies (like the Google Analytics cookie) and third party cookies (like the DoubleClick cookie) to inform, optimize and display ads based in the latest visits to our website. If you’d like to know more about our program, you may visit: http://www.google.com/intl/es/policies/privacy.
If you’d like to be excluded from this practice and stop receiving Google remarketing publicity, you may manage your configuration by visiting the Google Ads Preference Manager. In this case, Google recommends installing a plugin for the exclusion of Google Analytics on your browser.
Calls to Customer Service, or those in which a customer service agent intervenes, may be recorded in order to guarantee a better service. The Personal information gathered during these calls (including the voice) will be incorporated to the VLEX files with the same goal, and it will be managed with all the guarantees as required by law.
6. USE OF SERVICE
6.1. Professional Conduct
The website and the products and services offered by VLEX are exclusively geared towards professionals as well as universities, public institutions, and companies. Therefore, the regulations in force regarding consumers and users will not apply in this relationship. If you are an individual and would like to use this website and products and services offered for personal use, you must contact us beforehand in order to define the contractual framework that will regulate the relationship between you and VLEX.
Unless otherwise specified on the Purchase Order or Registration Form, all the services and products of VLEX are contracted as subscriptions that are automatically renewed.
6.3. Contracted Licenses
Unless otherwise specified in the Purchase Order or in the Registration Form, the Service may not be used for more individuals than Licenses contracted.
a) When a Customer contracts only one license, he or she knows and understands that he or she will be the only person authorized to use his or her passwords to access the Service.
b) If a legal entity or organization subscribes to the Service, only as many individuals as contracted licenses may use the service.
The person designated as Account Administrator by the Customer is able to create and update the information of the users authorized to access the contracted service until the cap of contracted licenses has been reached. In this case, the use of the Service by the final Users means an explicit acceptance of the General Terms and Conditions.
VLEX will only be able to enable unlimited Access for the Customer’s IP range when it has been stipulated on the Purchase Order, regardless of whether or not the Customer requires personal user accounts from those who end up using the Service.
The Customer is the only party responsible to ensure that no unauthorized parties have access to the information that allows users to connect to the Service as well as to avoid having third parties use or share their IP range. The use of VPN systems or other similar systems that allow the access of VLEX from outside the permitted IP range is prohibited unless specifically indicated on the Purchase Order.
6.4. The Customer’s Responsibility
The Customer is responsible for:
(a) Having its Users fulfill these Terms and Conditions.
(b) Employing reasonable efforts to prevent unauthorized individuals from using the Service as well as notifying VLEX if unauthorized individuals are using the Service. The Customer accepts that he will use the Service as a final user, meaning that the rights to use the Service cannot be transferred to other individuals or organizations, whether it be for free or for an onerous fee.
Transferring or sharing the information that allows third party individuals or organizations to connect to the Service is a serious breach of this contract. The Customer is also responsible for any damage, prejudice, or loss, as well as the costs that may incur, including costs for legal advice.
For the purposes of this contract, every unauthorized access to the contents, products, and/or services offered by VLEX will be considered as a way of hiring the aforementioned contents, products, and/or services by the Customer whose username and password was used irregularly. VLEX will therefore be able to bill and demand payment of these individual purchases according to the current rates of the services provided by VLEX.
(c) Providing complete and accurate contact information as well as for updating it. All the communication between VLEX and the contact information provided by the Customer has, for all intents and purposes, legal validity. The Customer may, at any given moment, modify his information as well as his password through his personal area/profile, which can be found on: http://vlex.com/account/. If the matter arises that VLEX is unable to get in contact with the Customer for any reason, or that the contact information provided is not enough, VLEX may temporarily suspend access to the Service until the Customer updates his contact information.
6.5. Permitted Use
Users may make reasonable use of the provided content for individual use. The Customer and his users will be particularly able to use the provided Contents included in the Services:
- For electronic display of the contents;
- To print a digital copy of insubstantial parts of the content for professional use;
- To create supporting materials for training courses;
- To send small, unsubstantial sections to third parties.
6.6. Non Permitted Use
Except for the aforementioned clause, the Customer and his users may not copy, duplicate, sell, download, resell, translate, re-publish, or transmit any section of this website or its content, whether it be for commercial or noncommercial use.
The Customer may not sublicense, reuse, compile, rent, sell, use reverse engineering, or create pieces that derive from this website or its Content. The Customer may not use framing technique or any other technique that would hide the label, logo, or other sections of the website without previous written authorization, by VLEX.
It is expressly prohibited to abuse, download, copy, or reuse a substantial part or the entire content, regardless of the purpose. Without prejudice of the right to claim for damages, any downloads that violate the aforementioned limitations will be considered as individual purchases of documents and will be charged according to the current rates of the services provided by VLEX.
The Customer may not use automatic software or otherwise manually copy or monitor the service of VLEX and/or its content without previous written authorization by VLEX. The Customer may not manipulate or use the Content of VLEX to create publications and/or services of any kind, especially those that could be compared or that could compete in any way with the services and/or content that VLEX offers now or that may offer in the future. Its expressly prohibits the inclusion of VLEX’s content on any databases of any kind without using its format, whether they are public or private, as well as free of charge or for a fee.
The Customer and User may not introduce personal information into the Service. For all intents and purposes, the user will be the only responsible agent for the breach of this limitation.
6.7. Geographical limitations
The licenses are restricted to a specific area, and it’s limited to the space established in each case and agreed by the parties on the registration form. VLEX may establish technical measures to prevent access that violate the present terms and conditions.
6.8. Limitations by type of Customer
The Services provided by VLEX include different contents and functions depending on the Customer: a small law firm, a big law firm, an academic institution, a public administration, or a company. The Customer will abstain from subscribing to a service that corresponds to another type of Customer. The breach of this limitation will give VLEX the right to dissolve the contract and/or demand payment of the Services and Licenses that correspond to the appropriate type of Customer.
6.9. Monitoring of Use
VLEX reserves the right to supervise and keep records of the Customer’s use of the Service and its Content, of his search history, of the IP from which the Customer accesses the Service. VLEX may also supervise the Customer’s activities in order to obtain any other sort of information related to the Customer and his Users with the purpose of improving the Service and ensuring the fulfillment as well investigating possible violations of these Terms and Conditions. VLEX may cancel access to the Service if it detects patterns contrary to the provisions of these Terms and Conditions, especially in the case of excessive downloading of documents, access by unauthorized Users, or the use of the information for commercial use.
7. PRICES AND PAYMENT OF THE CONTRACTED SERVICES
The Customer will pay the amount specified in the Purchase Orders or in the Online Registration Form, or after the Free Trial expires. Unless otherwise specified in the Purchase Order or in these General Terms and Conditions:
(i) these prices are based on contracted the Services and Contents, not on its use or the effective use of the Service by the Customer , (ii) payment obligations may not be canceled and payments that have already been made are non-returnable, and (iii) the number of contracted licenses may not be lowered during the contracted subscription.
7.2. Billing and Collection
The Customer may receive one or several invoices corresponding to the contracted Services issued by the marketing entity. The customer will provide information on one or several payment methods accepted by VLEX. If the Customer provides a credit card information or a bank account information for direct deposit purposes, he authorizes us to process the charges with said credit card or bank account for all the contracted Services indicated on the Purchase Order or online registration form for the initial subscription period. He also authorizes us to use said payment methods to pay for any renewal that may come from the original contract.
Said charges will be processed in advance through any of the payment methods provided by the Customer, whether it be monthly, by trimester, annually, or in whatever frequency indicated in the Order of Purchase and accepted by the Customer.
7.3. Returns and/or payment delay charges
If whatever amount billed is not compensated on the agreed date, VLEX may, without renouncing any other right, add a late fee to the amount owed that equals one and a half times the current legal interest, or the highest possible fee VLEX can legally charge, whichever is lower. VLEX may also transfer to the Customer bank fees and other charges incurred should the method of payment provided not go through. These penalties will only be enforced if VLEX communicates to the Customer about the outstanding balance in writing. Payments will be allocated to settle the oldest debt first.
7.4. Charges for returns and/or Delays to Collect. Service Suspension and Recovery Acceleration.
In case of delay in payment or an outstanding balance of any kind, VLEX may, without relinquishing any other rights: (1) demand anticipated payment of any outstanding balance. This means that even if VLEX and the Customer had agreed on paying in specific installments, said agreement shall bear no effect and VLEX shall bear the right to demand immediate payment of the entire sum agreed in the contract. Consequently, starting from the date of the breach, the amount remaining from the entire sum agreed in the contract shall become outstanding and VLEX may demand payment as well as calculate interest.
In this case, VLEX may notify the Customer of the new outstanding balance through the usual channels of communication, and said outstanding balance shall be paid in full by any method of payment accepted by VLEX and/or (2) temporary suspension of access to the Service until the outstanding balance is paid in full.
Failure to pay the sum before the term of contract expires does not relieve the Customer from the obligation to pay contributions accrued up to that time as well as those that are subsequently earned until the term of the contracted service expires.
For the purposes of this contract, the Customer expressively acknowledges a debt towards VLEX by amount of all fees accrued and unpaid as well as the fees accrued up to the completion of the contract.
In either case, the Customer commits to pay the sum owed when he receives formal notice from VLEX.
7.5. Collection Services. Registration Files on insolvency
The complete or partial breach of the obligation of payment will enable VLEX to take the necessary actions against the Customer by enforcing its rights and economic interests. In such case, said actions include:
(1) Subscribing to the services of a collection agency to obtain the amount owed, transferring its rights as creditor and/or all information necessary to obtain said debt.
(2) Subscribing the Customer on registration files on insolvency for the total amount of the existing debt at every point, which the Customer accepts and acknowledges. To that effect, the Customer expressly and irrevocably authorizes VLEX, its Affiliates, and those who represent its rights or may, in the future, act as creditor and consult, solicit, supply report, process, and disclose all the information regarding his credit, financial, and commercial record to any existing entity in his country of residence, or a third country. This implies that the Customer’s present and past behavior regarding his financial obligations with VLEX shall remain reflected in the aforementioned databases for the purposes of providing sufficient and adequate information to the market on the state of the Customer’s financial, commercial, and credit standing. Therefore, those who are affiliated to said databases and/or have access to them will be have access to your information, according to applicable legislation. Said information shall remain in the aforementioned databases for as long as it is deemed appropriate by the applicable legal system.
Our prices do not include any taxes or withholdings unless otherwise stated. It is the customer’s responsibility to pay any taxes associated with his purchase.
7.6. Future usefulness
The Customer acknowledges that his purchase does not depend on the existence of a concrete feature or specific content, or of any verbal or written remarks related to the concrete usefulness as well as specific present or future content.
7.7. Uniquely advantageous conditions arising from contracting products or services in special circumstances for which the customer can benefit from may be revoked if the conditions that cause these benefits vary.
If, at the time of signing the contract, the Customer is already subscribed to another VLEX Service, due to which he benefits by obtaining a special discount, the Customer commits to keep both subscriptions for as long as he is linked to VLEX. If the Customer fails to fulfill this commitment, VLEX will automatically apply the retail Price of the contracted product.
8. RESERVATION OF RIGHTS. LICENSE OF USE.
8.1. Intellectual Property Rights. Copyright
All the labels, copyrights, graphics, or logos of VLEX available on this website are the property of VLEX and are protected by international law as well as legislation of the EU, USA, WIPO treaties, the Andean community, and the legislation of other countries. They may not be copied, transferred, reproduced, or photocopied in any way, partially or completely, without previous written authorization by VLEX. The logos and distinguishing signs and symbols of third parties are the property of their respective owners. VLEX is not authorized to transfer, authorize, or license the use of said symbols, which is why the Customer must obtain authorization from the respective owner in case he decides to use them for any means. The Customer must not eliminate the reference to copyright, labels, and patents included in the products and services of VLEX when printing documents.
VLEX and third party content providers reserve all the rights concerning the Services and Contents included therein, including all the Intellectual Property and Industrial rights. Access to the service or the previously mentioned content by the Customer does not involve any type of resignation, transmission, or whole or partial transfer of these rights, nor does it confer any right to use any of the said rights partially or on the whole. It also does not bestow any rights of use, license, or right to alter, exploit, reproduce, distribute or public communication of said content other than those explicitly outlined in these General conditions, without previous and express approval, given specifically by VLEX. The Customer shall not own or acquire any right over VLEX’s Content, and he expressly recognizes that VLEX’s Service and Content on the website are protected by Intellectual and Industrial Property rights.
VLEX hereby informs the Customer that the Services may contain hidden identifiers as well as intentional errors in escrow in order to prove ownership of existing rights over the Content and the substantial investment made to create and update it.
8.2. License of Use of Service and Content of VLEX
VLEX grants the Customer a non-exclusive, individual and non-transferable, revocable and limited license of use in order to access the contracted Service and Content according to these Terms and Conditions.
The license of use given to the Customer includes the right to electronically see the content included in the contracted Service as well as the right to download the Content in an electronic format and/or print unsubstantial sections of said Contents for the exclusive professional use of the Customer. The Customer may also quote the documents included in the Service as well as reproduce non-relevant fragments.
The contracted Service may only be used by the Customer who contracted it directly and by those authorized users linked to the Customer through a working, commercial, educational relationship, or a similar collaborative, dependent or subordinate relationship, and as long as said use happens within the IP range of the Customer’s Organization and for legitimate purposes.
8.3. User Content
By adding or providing any content, information, or material to this website (such as tags, logos, comments, key words, documents, among others), the Customer grants VLEX (or the authorized person ensures that the Organization has expressly granted) a perpetual, worldly, free, irrevocable, and nonexclusive right and license to use, reproduce, modify, adapt, publish, publicly show, translate, derive, or distribute said materials, or to include said materials in any form, method, or way that exists or may exist in the future. Mentioning in the Service that a certain portion of the content is “private” shall be defined as content that VLEX will assure can only be accessed by said Customer in a general nature, but that due to the very nature of Internet services VLEX cannot guarantee that third party users may have timely access to the previously mentioned Content, whether it be due to technical errors or any other cause.
The Customer states that he knows this fact and indemnifies VLEX and its affiliates for any claim for this reason, hereby committing not to add any information into the VLEX Service that is either confidential or that might constitute as a disclosure of secrets, or a breach of the duty of professional secrecy. The Customer states that the personal information provided does not infringe upon the Intellectual Property of a third party, and should the case arise that a complaint is filed, he shall be the only responsible entity and shall hold VLEX and its subsidiaries harmless of any alleged Intellectual Property infraction in terms of any content or information provided by the Customer through the website.
9. WARRANTIES AND LIMITATION OF RESPONSIBILITY
THIS WEBSITE ALONG WITH ITS CONTENT AND SERVICE IS PROVIDED “AS IS.” VLEX AND THIRD PARTY PROVIDERS OF CONTENT DO NOT OFFER WARRANTIES OF ANY KIND, NEITHER EXPRESSED NOR IMPLIED, WITH REGARDS TO THE FUNCTIONING OF THE SERVICE AND ITS CONTENT, TRANSLATIONS INCLUDED. THE CUSTOMER EXPRESSLY AFFIRMS THAT HE IS THE SOLE RESPONSIBLE OF USING SAID WEBSITE AND ITS CONTENT. VLEX EXCLUDES ALL WARRANTIES, EXPRESSED AND IMPLIED, TO THE UPMOST LIMIT PROVIDED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE WARRANTY THAT THE INFORMATION PROVIDED IS ACCURATE, RELIABLE, CORRECT, COMPLETE, ADEQUATE, OR PERTAINING TO A PARTICULAR PURPOSE, OR THAT THIS WEBSITE OR ITS CONTENT DOES NOT HAVE CONTENT OR FUNCTION ERRORS, OR THAT THE SERVERS THAT HOST THE SERVICE ARE WITHOUT VIRUS.
9.2. Limitation of Responsibility
VLEX SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES DUE TO THE USE, OR THE INABILITY TO USE THE SERVICE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO ANY DIRECT OR INDIRECT DAMAGE, CASUAL OR OF ANY KIND, INCLUDING LEGAL FEES.
VLEX, ITS SUBSIDIARIES, THIRD PARTY SERVICE PROVIDERS, AND AFFILIATES, EXECUTIVES, ADVISORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, OR ANY OF THEIR SUCCESSORS SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO LEGAL FEES, EMERGING DAMAGES, OR LOSS OF PROFIT) THAT SHOULD ARISE DUE TO THE USE OF THIS WEBSITE, INCLUDING ITS CONTENT, WITH INDEPENDENCE OF NEGLIGENCE ON THE PART OF VLEX, ITS AFFILIATES, ITS EXECUTIVES, ADVISORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, OR THEIR SUCCESSORS.
VLEX DOES NOT UPHOLD ANY RESPONSIBILITY DUE TO A LACK OF SERVICE AVAILABILITY FOR A DETERMINED PERIOD OF TIME, WHETHER IT BE FOR TECHNICAL ISSUES, SYSTEM MAINTENANCE, INTERFERENCE, INTERRUPTION OF INTERNET SERVICE BY THE INTERNET PROVIDERS, OR FOR ANY OTHER CAUSE.
9.3. No Legal Counsel.
At no point whatsoever shall anyone consider that VLEX is offering legal or corporate counsel, that there is an attorney-Customer relationship, or that some of the information provided to VLEX by the Customer is a professional secret.
VLEX, and the third party content providers do not offer warranties, neither express nor implied, regarding the Service and its Contents, its quality or suitability for specific purposes, its preciseness, or how updated or complete it may be. On occasion, VLEX may provide translations for specific documents. The Customer acknowledges that said translation is merely informative and it is provided simply for the general understanding of the translated document. The Customer is responsible for soliciting a professional translation from a third party.
If the Customer is an attorney, he or she accepts that in certain countries and jurisdictions the Rules of professional conduct may apply in relation to his or her use of this website and its Content. In the jurisdiction where “Common Law” applies, the Customer expressly agrees that it shall be his exclusive responsibility to make sure that any given case is still applicable. The Customer assumes that all the documents included in the Service are merely for guidance purposes and that any decision taken based upon said documents are made at the Customer’s own risk.
9.4. No Responsibility for Third Party Content.
The Service includes contents provided by third parties. VLEX does not share the opinions expressed by said third parties or by their authors. Specifically, VLEX shall not be held responsible for any error, omission, opinion, documents/information that isn’t current, or for any assertion made in the contents provided by third parties on its website.
VLEX shall not correct or modify the original content of those who provide the content and/or of official sources, which is why it renounces any and all responsibility for any mathematical or factual errors that may appear in said texts, as well as for the possible errors pertaining to personal information that may accidentally appear in the legal information provided.
9.5. Third Party Publicity.
VLEX shall not be responsible for any information on its website provided by any sponsor or advertiser. The advertisers are solely responsible for fulfilling current legislation.
10.1. Duration of the Contracted Subscriptions
The Purchase Order or Registration Form will define the duration of the contracted subscriptions. The parties may terminate it in the way, and with the conditions described in the respective clause within the present text.
The parties acknowledge that dividing the total sum in order to pay in monthly installments is not equivalent to dividing it equally. Dividing the total sum is merely a way to provide financial aid for the CUSTOMER, who is obligated to pay the full amount agreed in the contract.
The Customer’s obligations related to the Content will remain in force even after the contract has ended.
VLEX May automatically terminate its contract with the Customer without previous notice if and when the following situations occur:
(a) Customer’s delay or failure to fulfill his payment obligations and (b) Customer’s failure to uphold any clause of these General Terms and Conditions as well as the Special Conditions that apply to specific products, services, or contents.
VLEX is otherwise obligated to provide the Customer with the service and the Customer is obligated to fulfill the payment obligations for the entire duration of the contract.
If the parties agree on dividing the payment of the subscription, product, or service contracted by the Customer in different installments, both parties must fulfill their obligations for as long as the contract is in force. A unilateral and anticipated decision taken by either party regarding the contract for any motive, aside from those that have been established, shall not relieve the party that has urged the resolution regarding payment obligations or the rendering of services originally accepted during the subscription period of the contract, regardless of the amount of invoices issued or not issued.
10.3. Automatic Renewals
If, once the contracted period or any extension of said contracted period has expired, none of the parties sends a written document expressing firmly and clearly that they do not want to renew the Product, Service, or Subscription they have contracted, these shall be renewed without further notice for time periods of equal length. Said statement must be sent at least 30 days before the automatic renewal date.
Providing access keys, downloadable files or the ability to see the Content means, at all times, the fulfillment of the contract on the part of VLEX. Consequently, once these steps have been made, the Customer will not be able to return, cancel his registration, or in any way try to dissolve the contract for the Products or Services, nor will he be able to urge for their withdrawal.
11. FREE TRIALS
VLEX offers, in special situations, a Free Trial by subscription of some of its Services. This Free Trial will last for an amount of time specified in the Registration Order. These Free Trials may only be applied to new customers or to some old customers. VLEX reserves the right to, at its sole discretion, determine who is eligible for these Free Trials.
We may ask for payment information in order to activate this Free Trial. In this case, you acknowledge that VLEX may obtain a pre-authorization to verify that the method of payment that has been provided exists, that it corresponds to a real person, and that it has funds. He also acknowledges that we might make a small charge for the same purpose, and that said charge will be returned immediately. These charges are not real and VLEX shall not be held responsible for any consequence derived from them.
VLEX shall issue the corresponding invoice and will proceed to charge the Subscription after the Free Trial is over unless the Customer cancels his trial before it ends. You may not receive communication from us stating that your Free Trial has expired and that your subscription period has begun. In order to check specific details of your Subscription, including the price and expiration date of the Free Trial, please click on the “Account” tab within the Services of VLEX. You may also talk to our Customer Service if you need any additional information on how to cancel your Free Trial. VLEX will keep billing and charging the subscription cycles that arise until you cancel said subscription.
12. REFUND POLICY
If you are not satisfied with your online subscription or if you forgot to cancel VLEX a couple of months ago, and you haven't used VLEX since then, we'll give your a full or partial refund on a case-by-case basis. Policy applies only to online sales paid with credit card.
13 COMPANY UNDER CONTRACT APPLICABLE LAW AND JURISDICTION.
13.1. Company Under Contract.
Unless stated otherwise when you register or when you accept the Purchase Order,
- If you register online and you live in the EU, you are doing business with VLEX NETWORKS, SL- Almogàvers 119-123 – 08017 Barcelona (SPAIN). Registered in the Commercial Registry: tome 32.987, folio 95, page nº B 219079, 5ª inscription. PH. (+34) 93 272 26 85
- If you register online and you live outside the EU, you are doing business with VLEX LLC - 1200 Brickell Ave - Suite 1950 – 33131 Miami, FL
- If you accept a Registration Order through an e-mail, fax, text message, or website, you are doing business with the distributor or affiliate that appears on the Subscription Order.
13.2. Applicable Law
Unless the Purchase Order explicitly states otherwise, these General Terms and Conditions are regulated by:
- European Union Customers: Spanish Legal System
- Customers outside the European Union: Legislation of the State of Florida (USA)
Unless the Purchase order states otherwise, the parties. The parties are subject to any dispute with express waiver of any other legislation:
- European Union Customers: Barcelona Court (Spain)
- Customers outside the European Union: Miami Court, FL (USA)
14. OTHER PROVISIONS
The declaration of nullity, invalidity, or inefficiency of any of these conditions may not affect the validity or efficiency of the other conditions, which will still be binding between the parties. For the purposes of the contractual relationship, all references to days shall be construed as references to calendar days . If the fulfillment of an obligation were to fall on a non-working day, the calendar day immediately following shall be construed as the new compliance date.
The Customer has not received or been offered any sort of payment or gift from our employees or agents that are in any way connected to this Contract. Low-value gifts that are common in this business do not constitute a violation of this this contract. If you have knowledge of a violation of this limitation, you must inform said violation to email@example.com
14.3. Contents Included in Intellectual Property
The contents included in VLEX have either been created for VLEX by third parties or they are part of the public domain. In terms of contents owned by third parties, VLEX has licensed newspaper articles, magazines, books, treaties, dissertations, and other materials from those who have expressed they have the rights to license them (usually the publisher that published the documents or the author himself). If you are an author and you have questions or doubts regarding the electronic distribution of your materials, we recommend you contact your Publisher directly. If you don’t agree that your Publisher has the rights to authorize the distribution of these material son VLEX, you may contact us directly in writing in accordance with what is publish on http://vlex.com/help_center/notice_to_authors.
14.4. Compensation & Indemnification
The Customer will compensate VLEX and its Affiliates, executives, advisors, employees, subcontractors, agents, or their successors, of any complaint, damage, or payment that may result in the violation of these General Terms and Conditions.
The Customer agrees to indemnify VLEX from all liabilities, expenses, and damages arising out of any willful misuse of the site by user.
14.5. Signing the Agreement
The prior identification by the username and password enable the holder to operate under these general conditions. Both parties accept the legal equivalence of the use of identifiers for the holder’s signature.
The Customer will not be able to transfer or subcontract its obligations. If the matter arises that a customer transfers its obligations to a third part, even companies within the same business group, VLEX may terminate the Service and the Customer may not submit a single complaint. VLEX may transmit their contractual position to any affiliate or service provider.
14.7. Promotional Use
The Customer accepts that VLEX may use his name and/or logo to identify him as a VLEX customer for its marketing and proportional purposes as well as those of VLEX Services as well as for other purposes related to the VLEX business.
14.8. Legal Fees
The Customer will take care of any reasonable legal fees incurred by VLEX in order to charge the outstanding balance of the Services as well as other charges associated to the provisions in these Terms and Conditions.