NOTICE: YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU VIEW ANY ADDITIONAL SECTIONS OF THIS WEB SITE. THIS WEB SITE IS OWNED AND CONTROLLED BY THE INSTITUTE FOR TRIAL CONSULTING, INC., A NEVADA CORPORATION.  BY ACCESSING THE HIGHER-LEVEL PORTIONS OF THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT ACCESS OR OTHERWISE USE THE HIGHER-LEVEL PORTIONS OF THIS WEBSITE.

1.1. This Agreement constitutes your agreement with The Institute for Trial Consulting, Inc.™ with respect to your annual use of the Institute’s web site, 4TrialConsulting.com.  You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of this site. The terms of use for this web site is offered on a yearly subscription basis. Please remember—until you and we have an agreement in place, you will not receive full access to our system.  You will only be permitted to use the system directory; however, the  additional sections of the 4TrialConsulting.com web site (case reports and analysis, voir dire questions, etc.) may only be accessed after your agreement with ITC is in place.

1.2. To indicate your acceptance of the terms and conditions of this Agreement, you must click the “I accept” button at the end of this Agreement.  You will not be allowed to register before you click that button.

1.3. The Institute for Trial Consulting, Inc. reserves the right to change , modify, add, or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion.  Changes in this Agreement will be posted on this web site. Your continued use of the web site after The Institute for Trial Consulting, Inc. posts said changes shall be deemed your acceptance of the changes.

2.1 The web site is protected by copyright pursuant to U.S. copyright laws.  The contents on this web site are only for your personal, noncommercial use.  All materials contained on the web site are protected by copyright and are owned or controlled by The Institute for Trial Consulting, Inc. or the party credited as the provider of the content.  You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of this web site. 

2.2 We own certain things you will find on this system, including the “look and feel” of the system, the domain name of our system, and the collective work copyright on our system. We also own all intellectual property, copyrights, trademarks, servicemarks, and tradenames. We may change any aspect of our system, including but not limited to, the colors, placement, configuration, etc of any information within the system.

2.3 You cannot reproduce any of the data from our system, either electronically or in print, without our permission.  This is not a complete list—other things on the system are also our property.  Before you copy anything from our system with plans of reproducing it or distributing it, you must contact us and request our approval in writing.

The Institute for Trial Consulting, may change, suspend, or discontinue any aspect of the 4Trialconsultants.com Web Site at any time.  The Institute may also impose limits on certain features and services or restrict access to parts or all of the web site without notice or liability.

1. Access: We will give you full access to many files on our system, including materials regarding how to conduct various consulting activities such as focus groups, mock trials, witness preparation, and voir dire.

2. Services: We offer a variety of services to our online users (Students of The Institute for Trial Consulting), and are adding more all the time. Currently, our services include teaching our users how to improve their skills and conduct more reliable and valid surveys, cyber research, focus groups, mock trials, witness preparation, and voir dire. We also provide supplies and materials for our users that accommodate our services.

5.1. Higher-level access to the system is provided upon your acceptance of this Agreement. Also, a fee of $2,500.00 must be paid by you via credit card, using the credit card safe secure form below. Users in a business that is psychology or law related and who wish to be included as part of the membership directory, may join the 4TrialConsulting.com membership by emailing us at JuryDoctor@aol.com.

5.2.  We can change the prices and fees at any time, and posting of said changes on the Web Site shall constitute notice.

You will not upload, post, transmit, distribute, or otherwise publish through The Institute for Trial Consulting, Inc.’s Web Site, (4TrialConsultants.com) any materials which:

a) Restrict or inhibit any other user from using and enjoying The Institute for Trial Consulting’s Web Site;

b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent;

c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;

d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;

e) Contain a virus or other harmful or potentially harmful component;

f) Constitute or contain false or misleading indications of origin or statements of fact.

7.1 In order to keep this system attractive and useful for all users, we need you to follow the rules we set for use of the system.  You will find some of the rules here in this contract, and the rest in bulletins posted at various points within the system.  Here are some of the basic rules for use of our system:

a) Do not use our system for anything that may be illegal.  This system may not be used to encourage anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes.

b) Respect the security of our system. Do not try to gain access to system areas private to ourselves or to other users.  Some users try to crack system security just to show that it can be done.  Don’t try to demonstrate this on our system.

7.2 If we discover any user violating the rules, especially the prohibition against illegal activities, we will act swiftly and firmly.  Depending on the circumstances, the user will be warned, or denied access.  The Institute has the right in its sole discretion to sue for damages or to limit or deny access for any reason whatsoever.  If the user has done anything to put us or the other users in jeopardy, we may contact the authorities.  We do not plan on doing any of these things.  If all users act with respect and regard for us and other users, there will never be any problems.  But if problems arise, we will assert control over our system against any users who threaten it.  And in this Agreement, you acknowledge that control.

8.1  You agree to provide The Institute for Trial Consulting, Inc. with accurate and complete registration information.

8.2  You agree to update your registration information by e-mail sent to JuryDoctor@aol.com within ten (10) days of a change in your registration information.

8.3 Your failure to do so shall constitute a breach of this Agreement, which may result in the immediate termination of your access

8.4 You may not:

a) Select or use a subscriber name of another person with the intent to impersonate that person;

b) Use a name or password that you are not entitled to use without authorization; or

c) Use a screen name that The Institute for Trial Consulting, in its sole and absolute discretion, deems offensive or improper.

d) You shall notify The Institute for Trial Consulting, Inc. of any known or suspected unauthorized use of the system, or of any known or suspected breach of security.

8.5 Any fraudulent, abuse or otherwise illegal activity will be grounds for termination of your account in The Institute for Trial Consulting, Inc.’s sole and absolute discretion.

You shall have no rights to the proprietary software and related documentation provided to you to access The Institute for Trial Consulting, Inc.’s Web Site.  You may not sublicense, assign, or transfer any licenses granted by The Institute for Trial Consulting, Inc., and any attempt at sublicense, assignment or transfer shall be void.  You may not copy, distribute, modify, reverse engineer or create derivative works from software or documentation provided by The Institute for Trial Consulting, Inc.

The Institute for Trial Consulting, Inc. may, in its sole and absolute discretion, terminate or suspend your access to all part of The Institute for Trial Consulting, Inc.’s Web Site for any reason, including, but not limited to, breach of this Agreement.

You agree that we will not be responsible to you for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with our system or any of the data or other materials transmitted through or residing on our system, even if we have been advised of the possibility of such damage or loss.  In addition, you agree to defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other users or third parties.

You hereby agree to indemnify, defend and hold The Institute for Trial Consulting, Inc., and all of its officers, directors, owners, shareholders, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of a breach of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs.  You shall cooperate as fully as reasonably required in the defense of any claim.  The Institute for Trial Consulting, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In any event, you shall not settle any matter without the written consent of The Institute for Trial Consulting

The Institute for Trial Consulting, Inc.’s Web Site contains links and pointers to other World Wide Web Internet sites and resources.  Should these links be to other third party sites and resources, said links do not constitute an endorsement by The Institute for Trial Consulting, Inc. or any of its subsidiaries or affiliates of any third party sites or resources, or their content.

The Institute for Trial Consulting, Inc. does not represent nor endorse the accuracy or reliability of any advice, opinion, statement, memorandum, or other information displayed or distributed through The Institute for Trial Consulting’s Web Site.  You acknowledge that any reliance upon any such advice, opinion, statement, memorandum, or information shall be at your sole risk.  The Institute for Trial Consulting, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of The Institute for Trial Consulting, Inc.’s Web Site.  The Institute for Trial Consulting, Inc. shall not have any duty to correct any errors or omissions in any portion of The Institute for Trial Consulting, Inc.’s Web Site.

THE INSTITUTE FOR TRIAL CONSULTING, INC.’S WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE INSTITUTE FOR TRIAL CONSULTING, INC.’S WEB SITE, IS PROVIDED “AS IS.”  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE INSTITUTE FOR TRIAL CONSULTING, INC. AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (I) THE CONTENT ON THE INSTITUTE FOR TRIAL CONSULTING, INC.’S WEB SITE; (II) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE INSTITUTE FOR TRIAL CONSULTING, INC.’S WEB SITE; (III) ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES; OR (IV) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE INSTITUTE FOR TRIAL CONSULTING, INC.’S WEB SITE OR ANY LINKED SITE.  FURTHER, THE INSTITUTE FOR TRIAL CONSULTING, INC. AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE INSTITUTE FOR TRIAL CONSULTING, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE INSTITUTE FOR TRIAL CONSULTING, INC.’S WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE INSTITUTE FOR TRIAL CONSULTING, INC.’S WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE INSTITUTE FOR TRIAL CONSULTING, INC. AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE INSTITUTE FOR TRIAL CONSULTING, INC.’S WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

Under no circumstances shall The Institute for Trial Consulting, Inc. be liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the information contained on the web site even if The Institute for Trial Consulting, Inc. has been advised of the possibility of such damages.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  In no event shall The Institute for Trial Consulting, Inc.’s total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100).

Notwithstanding anything to the contrary contained in this Agreement, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules.  The parties consent to the exclusive jurisdiction of the Florida state courts and agree that exclusive venue shall lie in Broward County, Florida.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Any arbitration under this Agreement shall be held in Broward County, Florida.

18.1. Whenever, under the provisions of this Agreement, you are required or permitted to give notice to The Institute for Trial Consulting, except as otherwise provided by this Agreement, you shall give the notice in writing.  It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, or email addressed to The Institute for Trial Consulting, Inc. at the following address:JuryDoctor@aol.com.

18.2. Whenever, under the provisions of this Agreement, The Institute for Trial Consulting, Inc. is required or permitted to give notice to you, The Institute for Trial Consulting, Inc. may send an e-mail to the address provided by you.

This agreement is based on a yearly fee of $2500. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement or regarding your relationship to our system and supersedes any and all other prior written or oral agreements between them.  This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, administrators, successors, and assigns.  Nothing contained in this Agreement shall cause the failure of either party to insist upon strict compliance with any covenant, obligation, condition or agreement contained in this Agreement to operate as a waiver of, or estoppel with respect to, any such covenant, obligation, condition or agreement.  Waiver by any party of any breach of any provision of this Agreement shall not be considered as nor constitute a continuing waiver or waiver of any other breach of any provision of this Agreement.  In the event of litigation between the parties to enforce the provisions of or with respect to this Agreement, the prevailing party shall be entitled to reimbursement for attorneys’ fees and costs at trial and on appeal.  Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement.  In the construction of this Agreement, whether or not so expressed, words used in the singular or in the plural, respectively, include both the plural and the singular and the masculine gender includes the feminine and neuter genders.  The parties to this Agreement agree that all of the provisions of this Agreement are to be construed as covenants and agreements as though the words imparting such covenants and agreements were used in each separate provision of this Agreement.  It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter.  It is the intent of the parties that said rule not be applicable to this Agreement.  The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement.  If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.