BY USING THIS SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS USER AGREEMENT. THE COMPANY RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME, AND BY YOUR USE OF THIS SERVICE, YOU HEREBY ACCEPT ALL AMENDMENTS MADE AND POSTED ON THIS SITE PRIOR TO THE DATE OF SUCH USE.
General
This User Agreement governs the use of this Web site, and any other Web site owned or
operated by Daily Journal Corporation (“Daily Journal”).
Copyright
All text, images, icons, and photographs available on the Daily Journal web site are
defined as “Licensed Information”. The Licensed Information is the property of Daily
Journal or its licensors and is protected by copyright, trademark and other intellectual
property laws. Licensed Information received through this web site or any other Daily
Journal web site may be displayed and printed for personal, non-commercial use only,
provided the copyright and other proprietary notices are kept intact. You agree not to
reproduce, transmit, distribute, display, sell or publish any Licensed Information to
anyone, including but not limited to others in the same company, firm or organization,
without the express prior written consent of Daily Journal. The use of any Daily Journal
web site material on any other web site or networked computer environment is
prohibited.
The Daily Journal’s Directory section is provided to assist you in locating an attorney, private judge, arbitrator/mediator, or an attorney service provider. You may not use information contained in Daily Journal’s Directory section for commercial purposes, distribute it to third parties, or use it to create directories for mailing or marketing lists.
Fees and Payments
You agree to pay all fees and charges incurred in connection with your username and
password at the rates in effect when the fees and charges were incurred. For those items
that are charged, the amount of the charge is displayed next to each search result.
Selecting the search result to view the document will incur the charge indicated. Daily
Journal may change the fees and charges at any time. All fees and charges incurred in
connection with your username or password will be billed monthly by paper invoice sent
to your paper subscription’s delivery or billing address. If there are any annual, monthly
or similar periodic fees for your subscription, these fees will be billed by invoice at the
start of the annual, monthly or similar period and at the start of each renewal period,
unless the subscription is terminated prior to the beginning of the next subscription
period. All amounts are due not later than 30 days after the date of invoice.
Online Access
Your username and password are unique to you. Sharing your username and password
with any other person or making it available to multiple users is prohibited. You are
responsible for maintaining the confidentiality of the username and password, and
responsible for all activities that occur under your username and password. If you believe
someone has used your username and password to access the Daily Journal web sites,
contact our subscription department immediately by calling 866-531-1492 or by sending
an e-mail to subscriptions@dailyjournal.com. Please include your username and Daily
Journal subscription account number(s) in your e-mail. Subscribers have the ability to
create their own passwords. Daily Journal may refuse to grant you a password that
impersonates someone else, is protected by trademark or other proprietary right law, or is
offensive, in each case as determined by Daily Journal.
Your right to use this site may not be transferred. Your username and password may not be transferred.
Daily Journal may discontinue or change the services available on the Daily Journal web site, certain Licensed Information or certain content within any site, or site availability, at any time.
Permitted Use of Content
Unless we have agreed in writing to the contrary, when you use the web site and/or the Content you shall only view it on a computer screen or, if print option is offered, print out
a single copy of it. You may not make or permit further copying of the content. You agree not to distribute, reproduce, modify, store, transfer or in any other way use any of the Content (including as part of any database, library, news, information, archive, web site or similar service) other than as permitted in these terms of use.
Disclaimer of Warranties and Liabilities
ALL LICENSED INFORMATION AND OTHER MATERIAL ON DAILY JOURNAL WEB SITES (INCLUDING WITHOUT LIMITATION LEGISLATION AND CASE REPORTS) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. DAILY JOURNAL, ITS AFFILIATES AND LICENSORS CANNOT
AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY LICENSED INFORMATION OR OTHER MATERIAL
AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF. DAILY JOURNAL, ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES
AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, OR DECISION MADE OR ACTION TAKEN OR NOT
TAKEN BY YOU IN RELIANCE ON SUCH CONTENT.
THE INFORMATION CONTAINED AT DAILY JOURNAL WEB SITES IS NOT INTENDED TO PROVIDE, AND DOES NOT CONSTITUTE, LEGAL ADVICE. YOUR ACCESS OF THE SERVICES, INCLUDING DOCUMENTS ORDERED FROM DAILY JOURNAL WEB SITES, DOES NOT CONSTITUTE AN ATTORNEYCLIENT RELATIONSHIP. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE IS ASSUMED BY THE USER OF THE LICENSED INFORMATION. THE LICENSED INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE DAILY JOURNAL UNDERTAKES NO DUTY OR RESPONSIBILITY TO UPDATE LICENSED INFORMATION OR TO NOTIFY USERS OF ANY CHANGES TO LICENSED INFORMATION.
DAILY JOURNAL WEB SITES INCLUDE FACTS, VIEWS, OPINIONS AND RECOMMENDATIONS OF INDIVIDUALS AND ORGANIZATIONS DEEMED OF INTEREST. DAILY JOURNAL AND ITS CONTENT LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, OR OTHERWISE ENDORSE, THESE FACTS, VIEWS, OPINIONS OR RECOMMENDATIONS.
DAILY JOURNAL DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SERVICE IS FREE OF ERRORS OR VIRUSES, WORMS OR “TROJAN HORSES” AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. DUE TO THE INHERENT NATURE OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS AND OMISSIONS IN THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF DAILY JOURNAL, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, EXPENSES, FEES OR OTHER LIABILITIES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICE OR THE LICENSED INFORMATION OR OTHER MATERIAL SHALL NOT EXCEED THE AMOUNT YOU PAID TO DAILY JOURNAL FOR THE USE OF THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM(S).
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all action contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. [This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.]
Privacy Policy
The Daily Journal web sites collect information from our subscribers during the subscription/registration process and, occasionally, at other times. This information
ranges from data we need to validate your subscription, such as your name and address, to the information gathered through aggregated tracking, derived mainly by tallying page
views throughout our sites. Such information enables us to better tailor our content to our readers' needs. The Daily Journal does not disclose to third parties any personal
information that could disclose your identity and will not do so without first notifying you and giving you an opportunity to elect not to have such information disclosed. We do
send subscribers e-mail notifications of new site features and topic-based news alerts. Subscribers may opt out of receiving these notifications. We reserve the right to contact
any subscriber at any time regarding subscription renewals or other subscription-related problems and questions as well as changes to our User Agreement. Subscribers may
change their information by clicking on “All About You”. Changes are sent to our circulation department.
To the extent that the Daily Journal web site links to other Web services and resources, Daily Journal does not control the availability and content of those outside services and resources. Nor does Daily Journal endorse any external site to which it links. Daily Journal is therefore not responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, the service. Daily Journal does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, or (c) make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to the service. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
Cookie Technology
We employ cookie technology to enable us to recognize users and their access privileges on Daily Journal web sites and to track site usage. Cookies are small text files that many
web sites write to visitors’ hard drives when their sites are visited. We do not store passwords or any personal information about you within cookies. Cookies enable you to
enter Daily Journal web sites as a subscriber without having to log on each time you access the site. (To store your username and password, select "Remember Me" when you
first log on. If, for security reasons, you do not wish your computer to remember your logon and password, log off before exiting the web site and follow the instructions on the
prompt.) A failed logon or logging on from a different computer will expire the cookie. These "remember login" cookies expire 90 days from their creation date. If you have set
your browser to warn you before accepting cookies, you will receive the warning message prior to each cookie being placed. You can refuse all cookies by disabling cookies in your browser's option settings. The cookies do
not need to be enabled to use any Daily Journal site. Learn about cookies: http://www.w3.org
Termination
Daily Journal reserves the right to terminate this Agreement at any time for any reason, including, but not limited to, your failure to pay all fees and charges incurred in connection with your username and password in a timely manner or any breach by you of this Agreement. Termination may be by mail, e-mail notification, or by blocking further access by the username.
Entire Agreement
This Agreement as it may be amended from time to time (including any other terms and conditions of service posted elsewhere on a Daily Journal web site, and to which you
agree), constitutes the entire agreement between you and Daily Journal and governs your use of the Service.
Last updated August, 2011