The Terms of Use govern your use of www.judicialview.com (“Site”), and, unless other terms and conditions expressly govern, any other emails or electronic services from The Judicial View, LLC (“TJV”) that may be made available from time to time, (collectively “Service”).
Your use and continued use of this Site and/or Service confirms your consent to be bound by these Terms of Use. If you do not agree to be bound, then you should not use this Site or Service and may unsubscribe at any point in time. To the extent you have access to, or are using, this Site or Service you are hereby notified that your continued use of a Service is subject to the terms and conditions of this Agreement.
1. Changes to Terms of Use. We may change the terms of this Agreement at any time. The changes will appear in this document, which you can access at any time by going to the Terms of Use at the bottom of each web page. You signify that you are bound by such changes by using this Site or a Service after changes are made to this Agreement.
2. Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy at the bottom of each web page. If you access the Site or a Service using a password, you are solely responsible for the confidentiality of that password. Please notify us promptly if you change your email address so we can continue to contact you. If you fail to notify us promptly of a change, then any notice we send to your old email address shall be deemed sufficient notice.
3. Fees and Payments. Limited access to TJV is available free of charge. Access to non-public areas of TJV and certain functions (such as email Alerts, searching the TJV archive, and downloading court cases) are restricted to paid subscribers. If you choose to subscribe or if you request a service for which there is a fee, such as copies of archived materials, those fees, terms, and conditions will be separately disclosed in such areas. All fees, terms, and conditions may be changed at any time at the sole and exclusive discretion of TJV. Subscriptions and fees are not refundable except at TJV’s option.
4. Renewal. Your subscription expires at the end of its term. Subscriptions may be renewed by re-subscribing through the site.
5. Limitations on Use.
a. Only one individual may access the Site or a Service at the same time using the same user name or password, unless we agree otherwise.
b. The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the “Content”) available through the Site and Services is our property or the property of our advertisers and licensors and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content to anyone, including, if applicable, your fellow students or employees, with the following exceptions:
(i) You may occasionally distribute a copy of an article or summary, or a portion of an article or summary, to five or fewer individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Site or Service, original source attribution, and the phrase “Used with permission from The Judicial View, LLC”. Please contact TJV if you wish to distribute content to a larger number of individuals, on a regular basis, or in any other manner not expressly permitted by this Agreement. [Amended February 10, 2010.]
(ii) You may occasionally use our “E-mail This” service to e-mail public (i.e. non-paid) content to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to Content.
(iii) You may view, download, and/or print documents for your personal scholarly, research, educational, and business use. With respect to non-public documents (i.e., documents subject to a download fee), you may not (1) distribute a copy (electronic or any other form) of the document to anyone without the written permission of The Judicial View, LLC; (2) post the document on an electronic bulletin board or web site; (3) charge for a copy (electronic or any other form) of the document; (4) charge to view a copy (electronic or any other form) of the document [added February 10, 2010], or (5) use an automated system to download or extract public or non-public documents from the Site [added January 23, 2012].
c. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any Content on weblogs, newsgroups, mail lists or electronic bulletin boards, without our prior written consent.
d. You agree not to use the Site or Services for any unlawful purpose. We reserve the right to terminate or restrict your access if, in our opinion, your use of the Site or Services may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name or password that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
6. Third Party Web Sites, Services and Software. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
7. Advertising Acceptance, Refund, and Cancellation Policy. TJV reserves the right to reject any advertisement submitted to it. It is the Advertiser’s responsibility to insure the correctness of all advertisements submitted. TJV retains the right to correct spelling and create final ad layout at its sole discretion. Such changes WILL NOT constitute grounds for any refund or credit. If the Advertiser notifies TJV in writing of its intent to cancel its advertisement submittal BEFORE the advertisement has been displayed on www.judicialview.com, the Advertiser will be eligible for a refund of the amount actually paid for the advertising placement. NO REFUND will be granted for ANY advertisement that has been displayed on judicialview.com. In case the published contact information (phone number or e-mail address) was changed by TJV, such change was factually incorrect, and the contact information that was part of the advertisement was useless, the Advertiser will be granted an extended advertising term equal to the period of time during which the advertisement was incorrectly displayed. TJV makes every effort to resolve any and all advertising disputes. In the event that a dispute cannot, in TJV’s opinion, be resolved, TJV may issue a credit or refund to the Advertiser as liquidated damages, which shall be the Advertiser’s sole remedy. Under no circumstances will TJV be responsible for any lost sales, revenues, profits or other consequential damages. If you have questions regarding this refund and cancellation policy, please contact us by email at advertising@judicialview.com.
8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give legal advice or advocate any legal opinion. You should always seek the assistance of a professional for legal advice. NO ATTORNEY CLIENT RELATIONSHIP. We provide this service for general information purposes only. Because TJV provides information that relates to legal topics, we want you to understand that we do not create an attorney client relationship with you when you use this Site or the Services. By using this Site or the Services, you agree that the Content does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and TJV, or any of its personnel or contributors. Do not consider this site to be a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on the Site and Services may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While we try to revise the Site and Services on a regular basis, they may not reflect the most current legal developments. The opinions expressed at or through the Site or Services are the opinions of the individual author and may not reflect the opinions of TJV. THE JUDICIAL VIEW, LLC AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“THE JUDICIAL VIEW PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SITE OR THE SERVICES FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE JUDICIAL VIEW PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
9. General. This Agreement and our Privacy Policy contain the final and entire agreement between us regarding your use of the Site and the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site and the Services. We may discontinue or change the Site and Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement, will be governed by and construed in accordance with the laws of the State of Kansas, United States of America applicable to contracts made entirely within Kansas and wholly performed in Kansas, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Kansas. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
IRS CIRCULAR 230: ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS OR ENCLOSURES) WAS NOT INTENDED OR WRITTEN BY THE AUTHOR TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED ON A TAXPAYER OR (2) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR OTHER MATTER ADDRESSED HEREIN.
January 9, 2009