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Wednesday, April 10, 2024
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TERMS OF USE

These Terms of Use (“Terms“) are agreed to between Courthouse News Service
(“CNS“, “we“, “us“ and “our“) and you. These Terms apply to the CNS CasePortal
news delivery service (the “Service“).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR OTHERWISE USING THE SERVICE,
YOU agree THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. Any person or
entity who interacts with the Service, whether through automated means,
third-party means or otherwise, is considered a User. Where applicable, your use
of the Service is subject to the terms of the Law Firm Subscriber Agreement
between CNS and your firm (the “Subscription Agreement“), pursuant to which You
must be an authorized user in order to access or use the Service. Your use of
the Service will terminate upon the expiration or termination of the
Subscription Agreement or as otherwise set forth in these Terms. Unless you have
entered into a separate written agreement with CNS regarding the Service, these
Terms are the complete and exclusive agreement between you and CNS regarding
your access to and use of the Service and supersede any oral or written
proposal, quote, or other communication between you and CNS regarding your
access to and use of the Service.

IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED
IN THESE TERMS YOU MUST NOT ACCESS OR USE THE SERVICE.

 1.  Definitions. Words and phrases used in these Terms have the definitions
     given in these Terms or, if not defined herein, have their plain English
     meaning as commonly interpreted in the United States.

 2.  Term. These Terms are entered into as of the date you first access or use
     the Service (the “Effective Date“) and will continue until terminated as
     set forth herein.

 3.  Modifications. We reserve the right, at any time, to modify the Service, as
     well as these Terms, whether by making those modifications available
     through the Service or by providing notice to you as specified in these
     Terms. Your continued use of the Service following the posting of any
     amendment will constitute your acceptance of that amendment.

 4.  Accounts. In order to use theService you will be provided with a user
     account (an “Account“). You agree to will not distribute or transfer your
     username and password, and not make them available to persons or entities
     not authorized to use the Service or provide a third party with the right
     to access your Account. You are solely responsible for all use of the
     Service through your Account. You will ensure the security and
     confidentiality of your username and password and will notify us
     immediately if login credentials is lost, stolen or otherwise compromised.
     Any activities completed through your Account will be deemed to have been
     done by you. You may not select or use an Account of another User with the
     intent to impersonate that User.

 5.  CNS' Content and Intellectual Property Rights. All content and data
     accessed or downloaded through the Service, including, for example, CNS
     Reports are owned by CNS. “CNS Reports“, as used in these Terms, shall
     include dingers and trackers.

 6.  You may freely distribute the CNS Reports within your firm, i.e., to
     partners, shareholders, employees, and/or other members of you firm, and
     may reproduce the CNS Reports for the firm's internal use. You may also
     distribute descriptions of individual cases from the CNS Reports to clients
     and prospective clients of your Firm.

 7.  Other than as expressly allowed herein, you may not copy, sell, distribute,
     republish, display, perform, or create derivative works from the CNS
     Reports in a manner that would violate CNS' copyright in the content, or
     violate their other intellectual property or proprietary rights in the
     content.

 8.  The permitted uses described in this section are contingent on your
     compliance at all times with these Terms. No other use of CNS Reports is
     permitted without prior written permission of CNS. Please contact us at
     csage@courthousenews.com if you wish to use Public Content in any manner
     not permitted by these Terms, or if you have any questions about whether
     your contemplated use of the Content is permitted by these Terms.

 9.  Access. Subject to your compliance with these Terms, we will permit you to
     access and use the Service solely for lawful purposes and only in
     accordance with these Terms and the Subscription Agreement.

 10. Unlawful or Prohibited Uses of the Service. The Service may only be used
     for lawful purposes in accordance with these Terms. As a condition of your
     use of the Service, you represent and warrant to us that you will not use
     the Service for any purpose that is unlawful or prohibited by these Terms.
     Whether on behalf of yourself or on behalf of any third party, you will
     not:

 11. Copy, modify, rent, lease, loan, sell, assign, distribute, decompile,
     disassemble, reverse engineer, or otherwise use the technology and software
     underlying the Service;

 12. Interfere with or disrupt the Service or the integrity or performance of
     the Service, attempt to gain unauthorized access to the Service or networks
     or computer systems used to provide the Service, or disobey any
     requirements, procedures, policies, or regulations related to any feature
     offered through the Service.

 13. Access the Service in order to build a competitive product or service or
     use the Service to interface with a competing service or application (e.g.,
     services and applications provided by or through Bloomberg, Reuters,
     Thomson West, LexisNexis or other entities offering similar services,
     whether directly or through any of their subsidiaries or affiliated
     companies).

 14. Copy, sell, distribute, display, perform, or create derivative works from
     any content, portion or feature of the Service in a manner that would
     violate the copyright or other intellectual property or proprietary rights
     of CNS.

 15. Attempt to remove, modify or obscure any proprietary notices on the
     Service.

 16. Disclose or make your access credentials to the Service available to any
     other person or entity.

 17. Impersonate any person or entity, misrepresent any affiliation with another
     person or entity, or otherwise misrepresent your identity for any purpose.

 18. Harvest, collect, or store information about the users of the Service or
     use such information for any purpose, including without limitation, for the
     purpose of transmitting or facilitating transmission of unsolicited bulk
     electronic mail or communications.

 19. Violate or encourage violation of any local, state, federal, or
     international law.

 20. SMS Consent. If you opt-in to receive [] SMS messages (including text
     messages) you will receive a single text message from CNS to confirm your
     enrollment. You will not be enrolled to receive SMS unless you confirm. By
     consenting, you certify, warrant and represent that the telephone number
     you provided to CNS is your contact number and understand that consent is
     not a condition to use the Service. You can opt out of SMS or text messages
     by sending 'STOP', 'END', 'CANCEL', 'UNSUBSCRIBE', or 'QUIT' to the number
     you receive the message from. Once you confirm, you will receive a 'STOP'
     confirmation reply. You agree that SMS or text messages may be delivered
     using an automatic texting system.As always, message and data rates may
     apply for any SMS or text messages sent to you from us. We do not claim or
     guarantee availability or performance of the SMS service, including
     liability for transmission delays or message failures.

 21. Termination and Suspension. To the extent permitted and in accordance with
     applicable law, CNS may restrict your access to all or parts any of the
     Service at any time if you violate these Terms or for any reason, at our
     sole discretion, and with or without notice. You acknowledge and agree that
     CNS will not be liable to you or to any third party in the event that CNS
     exercises its right to terminate, change, suspend, or discontinue any
     aspect of the Service, or to terminate your access to the Service. Without
     limiting our right to terminate these Terms, we may also suspend your
     access to the Service, with or without notice to you, upon any actual,
     threatened, or suspected breach of these Terms or applicable law or upon
     any other conduct deemed by us to be inappropriate or detrimental to CNS,
     the Service, or any other User or third party.

 22. Data Privacy. All information we collect on this Service is subject to CNS'
     Privacy Policy. By using this Service, you consent to all actions taken by
     us with respect to your information in compliance with the Privacy Policy.
     Notwithstanding anything in the Privacy Policy, we will have the right to
     collect, extract, compile, synthesize, and analyze non-personally
     identifiable data or information resulting from your access to, and use of,
     the Service. To the extent any such non-personally identifiable data or
     information is collected or generated by us, the data and information will
     be solely owned by us and may be used by us for any lawful business purpose
     without a duty of accounting to you, provided that the data and information
     is used only in an aggregated form, without directly identifying you or any
     other entity or natural person as the source thereof.

 23. Representations and Warranties. You hereby represent and warrant to us
     that: (a) you have the legal right and authority to enter into these Terms;
     (b) these Terms form a binding legal obligation on your behalf; (c) you
     have the legal right and authority to perform your obligations under these
     Terms and to grant the rights and licenses described in these Terms; and
     (d) your access to, and use of, the Service and Your Content, will comply
     with all applicable laws, rules, regulations, and third-party rights and
     will not cause us to violate any applicable laws, rules, regulations, or
     third-party rights.

 24. Disclaimers. CNS reports on, among other things, civil litigation.
     Accordingly, many of its reports are based on court orders, judgments, and
     other documents filed with a court, as well as the allegations of parties
     or other persons connected with a court case. To a large extent, these are
     allegations only and may not be taken as settled fact. CNS does not
     guarantee the accuracy or reliability of any statement made in a court
     filing or other court document, or any allegation of a party or other
     persons connected with a court case, that may be displayed, uploaded,
     distributed, or reported on or through the Service.

Similarly, CNS does not guarantee the accuracy, completeness, reliability, or
usefulness of any User Content as may be found on the Service. You should not
rely on any User Content made available through the Service. The views expressed
in User Content do not necessarily reflect the views of CNS, and CNS does not
endorse the information or views expressed in any User Content.

As to all other content found on the Service, including Public Content, although
CNS strives for accuracy, it does not warrant or guarantee the accuracy or
completeness of any content found on the Service. Any reliance on the Public
Content, or User Content found on the Service is at your own risk.

CNS takes reasonable steps to ensure that the Service is free of viruses and
other similar malicious code. However, it cannot guarantee that the Service will
be free of malicious code. CNS uses reasonable security measures to protect the
loss, misuse and alteration of the information under its control. However, there
is no such thing as perfect security on the Internet, and CNS makes no guarantee
that such loss, misuse and/or alteration will not occur.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING ALL CONTENT
MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS“ AND
“AS AVAILABLE“ BASIS. CNS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CNS MAKES NO WARRANTY THAT
(1) THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (2) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES AND OTHER
MALICIOUS CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR PERSONAL DEVICE, INCLUDING THE LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU ARE DISSATISFIED
WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.

 1. LIMITATION ON LIABILITY. IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, OR
    AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
    CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
    INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
    FROM YOUR USE OF THE SERVICE, OR THE INABILITY TO USE, THE CONTENT,
    MATERIALS AND FUNCTIONS OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
    CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
    REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
LIMITATION OF OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, THE LIABILITY OF COURTHOUSE NEWS SHALL BE LIMITED TO THE GREATEST
EXTENT PROVIDED BY LAW.

 1. INDEMNITY. You hereby agree to indemnify, defend and hold harmless CNS, its
    affiliates and its and their officers, directors, employees, agents,
    contractors, licensors, and licensees and all of their successors and
    assigns (“Indemnified Parties“), from and against any and all third party
    claims, suits, demands, liabilities, losses, judgments, settlements, fines,
    penalties, costs, fees and expenses, including reasonable attorney's fees,
    incurred by the Indemnified Parties that arise in any manner from: 1) your
    access to, or use of, the Service; 2) Your Content; and 3) your breach of
    any representation, warranty, or other provision of these Terms. We will
    provide you with notice of any such indemnifiable claim or allegation, and
    we will have the right to participate in the defense of any such claim at
    our expense.

 2. Jurisdiction and Choice of Law. The Service is created, operated, and
    controlled by CNS from its offices in within the State of California, in the
    United States of America. These Terms shall be governed by and construed in
    accordance with the laws of the State of California, without regard to
    conflict of laws provisions. Any dispute arising out of or relating to your
    use of the Service, and any dispute arising out of or relating to these
    Terms, shall be brought in the Superior Court for the State of California in
    and for the County of Los Angeles, or in the United States District Court
    for the Central District of California. You hereby irrevocably consent and
    submit to the personal jurisdiction of such courts for the purposes of
    litigating any such action.

 3. Additional Terms. If for any reason a court of competent jurisdiction finds
    any provision of these Terms, or portion thereof, to be unenforceable, that
    provision shall be enforced to the maximum extent permissible so as to give
    effect to the intent of these Terms, and the remainder of these Terms shall
    continue in full force and effect. A printed version of this agreement shall
    be admissible in judicial or administrative proceedings. Neither these Terms
    nor any of your rights or obligations hereunder may be assigned or
    transferred by you (in whole or in part and including by sale, merger,
    consolidation, or other operation of law) without our prior written
    approval. Any assignment in violation of the foregoing will be null and
    void. We may freely assign these Terms. The words “include,“ “includes“ and
    “including“ means “include,“ “includes“ or “including,“ in each case,
    “without limitation.“ The parties hereto are independent parties, not
    agents, employees or employers of the other or joint ventures, and neither
    acquires hereunder any right or ability to bind or enter into any obligation
    on behalf of the other.

Last updated on April 8, 2022

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