FEDERALEVIDENCE.COM WEBSITE TERMS OF USE AGREEMENT

Overview

1.0 Agreement
2.0 Access to FederalEvidence.com Website
3.0 Use Restrictions
4.0 Use Limited to Personal and Non-Commercial Purposes
5.0 Proprietary Information
6.0 Hyper-Links
7.0 Changes on the Web Site
8.0 Submissions to FederalEvidence.com
9.0 Disclaimer
10.0 Limitation on Liability
11.0 Termination or Restriction of Access
12.0 Indemnity
13.0 Trademarks and Copyrights or other Intellectual Property Rights
14.0 Security
15.0 Federal Evidence Review
16.0 Miscellaneous

This site and its content, information or services may be used only under the following terms and conditions. BY ACCESSING AND USING FEDERALEVIDENCE.COM, YOU ("User") AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement").

1.0 Agreement

1.1 Parties
This Terms of Use Agreement ("Agreement") is made by and between FederalEvidence.com, a California Company, ("FederalEvidence.com") and you ("User," "you," "your"). This Agreement contains the terms and conditions that govern your use of this Web Site.

1.2 Agreement
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE FEDERALEVIDENCE.COM WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. FEDERALEVIDENCE.COM RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AS FEDERALEVIDENCE.COM SEES FIT. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE FEDERALEVIDENCE.COM WEBSITE.

1.3 License
The user is granted a non-exclusive, non-transferrable, revocable, limited license to access and use FederalEvidence.com on any single computer for personal, non-commercial use. FederalEvidence.com may terminate this license without notice at any time and for any reason.

2.0 Access to FederalEvidence.com Website

At present the FederalEvidence.com website is available without registration. However, in the future FederalEvidence.com may, in its sole discretion, allow access the FederalEvidence.com website or some of the resources it offers, only if a user provides certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If FederalEivdence.com believes the information you provide is not correct, current, or complete, FederalEvidence.com has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3.0 Use Restrictions

3.1 The user may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use FederalEvidence.com, or any portion thereof, in any form or by any means, except:

  • 3.1.1 As expressly permitted by this Agreement,
  • 3.1.2 With FederalEvidence.com's prior written permission, or
  • 3.1.3 If not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107).

3.2 In using this site for purposes expressly permitted by this site, you recognize that as a condition of your use, you warrant to FederalEvidence.com that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By way of example, without the express prior written permission of an authorized representative of FederalEvidence.com, you will not (and will not authorize any party to):

  • 3.2.1 Co-brand this site (e.g., display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the FederalEvidence.com site or content accessible within the FederalEvidence.com site), or
  • 3.2.2 Frame this site (e.g., put your outgoing users in a framed page in which they view your banner or HTML page at the top of the screen while viewing the FederalEvidence.com site), or
  • 3.2.3. Requests to do 3.2.1, and 3.2.2 and 3.2.3 may be granted to most users who request to do so on the contact page.

3.3 In using the FederalEvidence.com site, you agree to cooperate with FederalEvidence.com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use the FederalEvidence.com website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.

4.0 Use Limited to Personal and Non-Commercial Purposes

The FederalEvidence.com website is for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without FederalEvidence.com's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the FederalEvidence.com website.

5.0 Proprietary Information

The material and content accessible from the FederalEvidence.com site, and any other websites owned, operated, licensed, or otherwise controlled by FederalEvidence.com (the "Content") is the proprietary information of FederalEvidence.com or the party that provided or licensed the Content to FederalEvidence.com, whereby such providing party retains all right, title, and interest in the Content.

5.1 Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of FederalEvidence.com, except that you may print out a copy of the Content solely for your personal use.

5.2 In printing out a copy of the Content solely for personal use, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates FederalEvidence.com's intellectual property rights.

5.3 Neither title nor intellectual property rights are transferred to you by access to the FederalEvidence.com site.

6.0 Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, FederalEvidence.com. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the FederalEvidence.com site. FederalEvidence.com has not reviewed any of such hyper-linked sites and is not responsible for the content of those sites. Nor is FederalEvidence.com responsible for webcasting or any other form of transmission received from any hyper-linked site. A user uses any Hyper-link on the FederalEvidence.com site at their own risk, and FederalEvidence.com makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to FederalEvidence.com. FederalEvidence.com provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by FederalEvidence.com of that site or any association with its operators.

7.0 Changes on the Web Site

In the sole editorial discretion of FederalEvidence.com and without notice, this web site may be altered in form, content, coverage, features, focus, or time or form of delivery. In addition, the form of delivery, timing, access, as well as methods for distribution may be altered or changed in the sole discretion of FederalEvidence.com.

8.0 Submissions to FederalEvidence.com

You hereby grant to FederalEvidence.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to FederalEvidence.com through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.

8.1 FederalEvidence.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future FederalEvidence.com operations.

8.2Federal Evidence.com will treat any personal information that you submit through this site in accordance with its Privacy Policy.

8.3The policies in 8.0, 8.1 and 8.2 regarding submissions for use of the web site do not apply to submissions for publication in the Federal Evidence Review. Submissions to the Federal Evidence Review are governed by a Non-Exclusive License Agreement.

9.0 Disclaimer

9.1 You understand that FederalEvidence.com is not engaged in rendering legal or other professional advice, and that FederalEvidence.com, its Web site(s) and its databases are not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or professional. Because FederalEvidence.com provides information on law and legal topics and is designed for informational purposes only, the user also acknowledges that under no circumstances is FederalEvidence.com, its agents, affiliates or customers, providing legal advice or representation through FederalEvidence.com, and that nothing on FederalEvidence.com is intended as a substitute for legal advice from an attorney.

9.2 You understand that FederalEvidence.com presents information and opinions as an informational and educational service to subscribers. The content of this information should not be relied upon as legal advice and is not intended to create an attorney-client relationship.

9.3 User acknowledges that no attorney-client relationship is formed through the use of FederalEvidence.com services, and that User has no expectation of privacy or confidentiality of communications occurring through use of such Services.

9.4 If User is an attorney participating in any aspect of the FederalEvidence.com site, User acknowledges that the Rules or Codes of Professional Conduct ("Rules") of the jurisdictions in which User is licensed apply to all aspects of User's participation and that User will abide by such Rules. FederalEvidence.com disclaims all responsibility for User's compliance with these rules. User warrants that its use of services provided by FederalEvidence.com will be used to provide general information only, and not for the provision of legal advice or the practice of law.

9.5 You understand that FederalEvidence.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. FederalEvidence.com does not assume any responsibility or risk for your use of the Internet.

9.6 You understand and agree that the Content on FederalEvidence.com is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by FederalEvidence.com.

9.7 YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FEDERALEVIDENCE.COM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FEDERALEVIDENCE.COM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FEDERALEVIDENCE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FEDERALEVIDENCE.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT FEDERALEVIDENCE.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. FEDERALEVIDENCE.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

9.8 All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and FederalEvidence.com does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

10.0 Limitation on Liability

FEDERALEVIDENCE.COM , ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FEDERALEVIDENCE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FEDERALEVIDENCE.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1 OR THE AMOUNT YOU HAVE PAID TO FEDERALEVIDENCE.COM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

10.1 In no event shall FederalEvidence.com be liable to user for any claim relating in any way to:

10.1.1 User's inability or failure to use FederalEvidence.com properly or completely, even if assisted by FederalEvidence.com, or any decision made or action taken by User in reliance upon FederalEvidence.com delivered information and services; or

10.1.2 Any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to user's rights under this agreement or use of, or inability to use FederalEvidence.com even if FederalEvidence.com has been advised of the possibility of such damages. FederalEvidene.com shall have no liability whatsoever to user for any claim relating to any way to any third party content or feature.

10.2 No claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.

11.0 Termination or Restriction of Access

FederalEvidence.com reserves the right, in its sole discretion, to terminate your access to any or all of FederalEvidence.com's websites and the related services or any portion thereof at any time, without notice and for any reason.

12.0 Indemnity

You will indemnify and hold FederalEvidence.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

13.0 Trademarks and Copyrights or other Intellectual Property Rights

13.1 Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of FederalEvidence.com or the party that provided the trademarks, services marks, logos, and copyrighted works to FederalEvidence.com. FederalEvidence.com and any party that provided trademarks, service marks, logos, and copyrighted works to FederalEvidence.com retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. Nothing in this agreement shall be construed to confer a license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. User acknowledges that FederalEvidence.com is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.

13.2 Information about the contents of FederalEvidence.com website is available at:

FederalEvidence.com
P.O. Box 6883
Arlington, VA 22206
Fax (571) 312-5642

13.3 FederalEvidence.com has registered an agent with the United States Copyright Office as outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C.A. § 512). Upon notice of alleged copyright infringement, FederalEvidence.com will remove or block access to the material, provide notice to the User who posted the material and proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C.A. § 512). FederalEvidence.com may block access to areas of its site to repeat infringers. All notices of alleged copyright infringement through FederalEvidence.com should be sent to:

FederalEvidence.com
Copyright
P.O. Box 6883
Arlington, VA 22206
Fax (571) 312-5642

17 U.S.C. § 512(c)(2) requires notifications of claimed copyright infringement be sent to the Service Provider's Designated Agent. The address for that agent is provided in the stated address above. While not a substitute for providing notice to the agent as the above address, a user may lodge an informal request for resolution, without initiating the notice provisions provided in the Digital Millennium Copyright Act (17 U.S.C.A. § 512) by posting it on our contact form.

14.0 Security

14.1 Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). FederalEvidence.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that FederalEvidence.com considers insecure, FederalEvidence.com will be entitled to require the password to be changed and/or terminate your account.

14.2 You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FederalEvidence.com reserves the right to release details of this to system administrators at other sites in order to assist them in resolving security incidents.

14.3 FederalEvidence.com reserves the right to investigate suspected violations of these Terms of Use. FederalEvidence.com also reserves the right to fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing FederalEvidence.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. For this purpose, you acknowledge, consent and agree that FederalEvidence.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms Of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FederalEvidence.com, its users and the public.

14.4 BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FEDERALEVIDENCE.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FEDERALEVIDENCE.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FEDERALEVIDENCE.COM OR LAW ENFORCEMENT AUTHORITIES.

15.0 Federal Evidence Review

The Federal Evidence Review presents information and opinions as an informational and educational service to subscribers. The content should not be relied upon as legal advice and is not intended to create an attorney-client relationship. All usage of the Federal Evidence Review as a result of linkage from FederalEvidence.com is governed by this terms-of-use agreement, where relevant.

16.0 Miscellaneous

16.1 These Terms of Use will be governed and interpreted in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you might have against FederalEvidence.com must be resolved by a court located in Contra Costa County, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Contra Costa County, California for the purpose of litigating all such claims or disputes.

16.2 If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

16.3 You agree that no joint venture, partnership, employment, or agency relationship exists between you and FederalEvidence.com as a result of this agreement or use of FederalEvidence.com websites.

16.4 These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and FederalEvidence.com with respect to FederalEvidence.com websites.

16.5 A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16.6 Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

16.7 FederalEvidence.com may revise these Terms of Use at any time by updating this posting.

16.8 Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by User without FederalEvidence.com's prior written consent. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.

Updated: January 1, 2014

Federal Rules of Evidence
PDF