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Judgment
Recovery Network™ Terms of Service
1. ACCEPTANCE
OF TERMS
The Judgment
Recovery Network™ Service (the "Service") provides
a wide variety of tools to create and manage judgment enforcement
related Content and Communication. Our provision of this Service
is subject to the following terms and conditions and any rules,
guidelines or policies (collectively, "Terms of Service")
that may be published from time to time by WebAxxess, LLC
and/or its subsidiaries, parent, affiliates, officers, directors,
employees, agents, etc. (collectively, "JRN"). We may
update any or all of the Terms of Service from time to time without
notice. Please read them carefully. You understand that the Service
is provided "AS-IS" and that by WebAxxess, LLC
assumes no responsibility for the timeliness, deletion, misdelivery
or failure to store any member or group communication or data.
2. USER
REGISTRATION, PASSWORD AND SECURITY
As a condition
of using the Service, you agree to:
(a) provide
true, accurate, current and complete information about yourself
and your company or group (the "Registration Data")
as prompted by the forms;
(b) to maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete or JRN has reasonable grounds
to believe that such information is untrue, inaccurate, not current
or incomplete, JRN has the right to suspend or terminate your
account and/or any company or group created under your account,
and refuse any and all current or future use of the Service. You
will receive a password and account designation upon completing
the Registration Form. You are responsible for maintaining the
confidentiality of that password. You understand that any Content
(as defined in Section 4 below) sent through any JRN web site
or mailing list system may be viewed through one or more JRN web
sites. You agree to notify JRN immediately of any unauthorized
use of your or your company or group's password or account or
any unauthorized use under your account.
3. MEMBER PRIVACY
Registration
Data and certain other information you provide to or through the
Service is subject to our Privacy Policy. For more information,
please see our Privacy Policy.
4. MEMBER CONDUCT
You understand
that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from whom such Content originated.
This means that you, not JRN, are entirely responsible for all
Content that you upload, post, email or otherwise transmit using
the Service. JRN does not control the Content posted using the
Service and as, such does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstance will JRN be liable in any way for any Content,
including, but not limited to, errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of
the use of any Content uploaded, posted, emailed or otherwise
transmitted or hosted using the Service.
You acknowledge
that JRN does not pre-screen Content, but that JRN shall have
the right (but not the obligation) to refuse or move or delete
any Content that is made available using the Service, including
without limitation any Content that violates the Terms of Service
or is otherwise objectionable. You agree that you must evaluate,
and bear all rights and obligations associated with, the use of
any Content, including reliance on the accuracy, completeness
or usefulness of such Content. You also acknowledge and agree
that JRN may preserve or remove Content and may disclose Content,
including information about your account or your use of the Service,
to any third party if required to do so by law or in the good
faith belief that such preservation, removal or disclosure is
necessary to:
(a) comply with legal process;
(b) enforce
the Terms of Service;
(c)
respond to claims that any Content violated the rights of third
parties; or
(d)
protect the rights, property, or personal safety of JRN, its members
or the public.
By way of
example, and not as a limitation, you agree that JRN may remove
Content or terminate your account or any company or group created
by you, without notice, if JRN believes, in its sole discretion,
that you, or any member of your company or group, are engaged
in any of the following activities:
(a) uploading, posting, emailing or otherwise transmitting
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
(b) harming
minors in any way;
(c)
impersonating any person or entity, including, but not limited
to, a JRN employee, or falsely stating or otherwise misrepresenting
your affiliation with a person or entity;
(d)
creating false, misleading or duplicative addresses for group
members in order to disguise the destination of any Content
transmitted through the Service;
(e)
forging headers or otherwise manipulating identifiers in order
to disguise the origin of any Content transmitted through the
Service;
(f)
adopting of names and addresses for the purpose of cybersquatting;
(g)
uploading, posting, emailing or otherwise transmitting any Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
(h)
uploading, posting, emailing or otherwise transmitting any Content
that infringes any patent, trademark, trade secret, copyright,
publicity or other proprietary right ("Rights") of
any party;
(i)
uploading, posting, emailing or otherwise transmitting any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of such solicitation;
(j)
uploading, posting, emailing or otherwise transmitting any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
(k)
interfering with or disrupting the Service or servers or networks
connected to the Service, or disobeying any requirements, procedures,
policies or regulations of networks connected to the Service;
(l)
intentionally or unintentionally violating any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
(m)
"stalking" or otherwise harassing another;
(n)
harvesting or otherwise collecting information about others,
including email addresses, without their consent.
5. TERMINATION
You agree
that JRN, in its sole discretion, may terminate your, or your
company or group's, or any member of your company or group's password,
account or use of the Service, and remove and discard any Content
within the Service, for any reason, including without limitation,
for lack of use or if JRN believes that you or any member of your
company or group have violated or acted inconsistently with the
letter or spirit of the Terms of Service. JRN may also, in its
sole discretion and at any time, discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of access to the Service under any provision of the
Terms of Service may be effected without notice, and acknowledge
and agree that JRN may immediately deactivate or delete your account
and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you
agree that JRN shall not be liable to you or any third party for
any termination of access to the Service.
6. NO RESALE OF SERVICE
You agree
not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, the Service, use of the Service or access
to the Service.
7. PRACTICES REGARDING USE AND STORAGE OF DATA
JRN may from
time to time establish general practices and limits concerning
the use of the Service, including the maximum number of days that
messages, postings or other Content may be retained on the Service
and maximum and minimum levels of activity. You agree that JRN
has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content
maintained or transmitted through the Service. You acknowledge
that JRN reserves the right to terminate groups or accounts that
are inactive for an extended period of time. You acknowledge and
agree that JRN reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without
notice.
8. INDEMNIFICATION
You agree
to indemnify, defend and hold harmless JRN from any loss, liability,
claim, demand, damage, or expenses (including reasonable attorney's
fees) asserted by any third party due to or arising from or in
connection with:
(a) the Content you upload, submit, post, or transmit
through the Service;
(b) your use
of the Service;
(c)
your connection to the Service;
(d)
your violation of the Terms of Service, or
(e)
your violation of the rights of another. JRN reserves the right,
at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, which
shall not excuse your indemnity obligations.
9. MODIFICATIONS TO SERVICE
JRN reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that JRN shall not be liable
to you or any third party for any modification to or discontinuance
of the Service.
10. CONTENT POSTED ON THE SERVICE
You agree
that upon posting any material publicly on the Service, you grant
JRN, and its successors and assigns, a non-exclusive worldwide,
royalty free, perpetual, non-revocable license under your copyrights
or other intellectual property rights, if any, in such material
to edit, recompile, distribute, display, and reproduce such material
at its sole discretion for any legally permissible private or
commercial purpose. You also grant JRN the right to authorize
the downloading and printing in whole or in part of any material
that you have posted to the Service, by members for their personal
use. You agree to take whatever action necessary to protect your
own intellectual property rights in such Content, including without
limitation the posting of appropriate copyright notices. Please
refer to the Company's Copyright Policy for further information
on the enforcement of intellectual property rights.
11. JRN’S PROPRIETARY RIGHTS
You acknowledge
and agree that Content, including but not limited to text, software,
music, sound, photographs, graphics, video, page layout and design
or other material contained in the Service or information presented
through the Service by JRN or JRN's advertisers is protected by
their copyrights, trademarks, service marks, patents, or other
proprietary rights and laws. You acknowledge and agree that JRN
can display images and text throughout the Service, including
the insertion of sponsor messages into messages distributed on
JRN mailing lists. Content received through the Service may be
displayed, reformatted, and printed by you for your personal,
non-commercial use only. You agree not to modify, copy, reproduce,
republish, upload, post, transmit, sell or distribute in any way
Content available through the Service, including code and software.
12. EXTERNAL LINKS
The Service
may provide, or third parties may provide, links to other World
Wide Web sites and resources. You acknowledge and agree that JRN
is not responsible for the availability of these outside resources,
and does not endorse and is not responsible for any Content, advertising,
products or other material on or available from such sites or
resources. You further acknowledge and agree that JRN shall not
be held responsible or liable, directly or indirectly, for any
loss or damage caused or alleged to have been caused by use of
or reliance on any such Content, goods or services available on
or through any such sites or resources.
13. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
Your correspondence
or business dealings with, or participation in promotions of,
advertisers or other third parties found on or through the Service,
including payment and delivery of related goods or services, and
other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
You agree that JRN shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers
on the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. JRN EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
JRN MAKES
NO WARRANTY THAT
(A) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C)
THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE
OR RELIABLE,
(D)
ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR
(E)
THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
JRN MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM MAILING
LISTS OR ADVERTISED THROUGH ITS SPONSORS OR MAILING LISTS, OR
REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH LISTS.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED
AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO
YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
JRN OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF SERVICE.
LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL JRN BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JRN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
(A) THE USE OR THE INABILITY TO USE THE SERVICE FOR
ANY REASON;
(B) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(C)
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(D)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA;
(E)
STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
OR
(F)
ANY OTHER MATTER RELATING TO THE SERVICE.
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT JRN IS NOT RESPONSIBLE OR LIABLE TO
YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS.
IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE
ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
15. NOTICE
Notices may
be provided to you by email or regular mail. The Service may also
provide indirect notice of changes to the Terms of Service or
other matters by displaying notices or links to notices to you
generally on the Service.
16. TRADEMARKS
JRN, the JRN
logo, judgmentrecovery.net, judgment-recovery.net, and Judgment
Recovery Network™ are trademarks of WebAxxess, LLC. You agree
that you will not, without prior written permission, display or
use in any manner these trademarks.
17. COPYRIGHTS AND COPYRIGHT AGENTS
JRN respects
the intellectual property of others and we ask our users to do
the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide JRN's
Copyright Agent with the following information:
(a) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
(b) a description
of the copyrighted work that you claim has been infringed;
(c)
a description of where the material that you claim is infringing
is located on the site;
(d)
your address, telephone number and email address;
(e)
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent
or the law;
(f)
a statement by you, made under penalty of perjury, that the information
in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
JRN' Copyright
Agent for notice of claims of copyright infringement can be reached
at the following address:
Judgment Recovery Network
Attn: Copyright Agent
PO Box 5128
Oroville, CA 95966
By email: copyright@judgmentrecovery.net
18. MISCELLANEOUS
The Terms
of Service constitute the entire agreement between you and JRN
and govern your use of the Service, superceding any prior agreements
between you and JRN. You may also be subject to additional terms
and conditions that may apply to your company or group when you
use affiliate services or Content. The Terms of Service and the
relationship between you and JRN shall be governed by and construed
in accordance with the laws of the State of California without
regard to its conflict of law provisions. You and JRN agree to
submit to the personal and exclusive jurisdiction of the courts
located in the county of Butte, California. The failure of JRN
to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service is found by a court of
competent jurisdiction to be invalid, then such provision(s) shall
be construed, as nearly as possible, to reflect the parties' intentions,
and the other provisions of the Terms of Service shall remain
in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or to the Terms of Service
must be filed within one (1) year after such claim or cause of
action arose or be forever barred. The section titles in the Terms
of Service are for convenience only and have no legal or contractual
effect or significance.
19. VIOLATIONS
Please report
any violations of the Terms of Service to Customer Support at
support@judgmentrecovery.net.
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