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Your information will not be sold to outside companies not affiliated with Legal News Services, LLC. For more information, please see our Privacy Policy in the Terms and Conditions agreement, below.

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User Profile

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Personal Information

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Terms and Conditions of Use

Terms & Conditions:

Introduction
	This “Terms and Conditions” agreement is a contract governing your use of the NHCaselaw.com™ services and materials.  You must agree to this contract as a condition of using the service offered by NHCaselaw.com.  If you do not understand any provision of this contract, you should seek independent legal advice.    

1.	 Definitions

1.1	“User” means you the Subscriber to the Website, NHCaselaw.com, and the Online Services thereon.
1.2	“Subscriber” means any person granted access to the Website by the Supplier in exchange for consideration.
1.3	“Consideration” means any pecuniary or non-pecuniary benefit, including but not limited to the right to access this website, or a fee, or a service, and which is granted by the Supplier as a condition for using this website.
1.4	 “Supplier” means the owner and operator of the Website, Legal News Services, LLC, a New Hampshire Limited Liability Company, whose headquarters are located at:
31 Merrimack St. #2
Concord, NH 03301
1.5	“Website” means http://nhcaselaw.com, its files, folders, images, subdomains and subfolders.
1.6	“Online Services” means the information available on the Website, including but not limited to the dissemination of state and federal court judicial opinions, user profiles, and articles. 
1.7	“Party to this agreement” means the User, as defined, and the Supplier, as a separate legal entity from its officers or members.  No member or officer of the Supplier company is a party to this agreement.
1.8	“Payment Processer” shall mean both (a) a third party’s payment system, such as, for example, Paypal; and (b) the Supplier’s online payment system, which may or may not be integrated with a third party payment system.

2.	Access to Services

2.1	Only individuals authorized by the subscribing organization, i.e., the Supplier, may access and use the Online Services.
2.2	You shall not allow your personal log on information to be used by any other person.  Violation of this term shall be a breach of this agreement, grounds for termination of your account, and any other equitable relief as a court of competent jurisdiction in New Hampshire shall decide.
2.3	Your log in profile may be restricted from accessing certain materials otherwise available in the Online Services.
2.4	Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.

3.	License; Restrictions on Use

3.1	You are granted a nonexclusive, nontransferable, limited license to access and use for research purposes the Online Services and materials from time to time made available to you. This license includes:
3.2	(a) The right to electronically display materials retrieved from the Online Services to no more than one person at a time;
3.3	(b) The right to obtain a printout of materials of the Online Services and to create a single printout of materials downloaded via downloading commands of the Online Services (collectively, "Authorized Printouts");
3.4	(c) With respect to Materials that are court cases, court rules, court briefs, agency-issued documents, agency regulations or executive branch materials from the United States, its states or territories (collectively, "Authorized Legal Materials"), the right to retrieve via downloading commands of the Online Services and store in machine-readable form, primarily for one person's exclusive use, a single copy of insubstantial portions of those materials included in any individual file to the extent the storage of those materials is not further limited or prohibited by these Terms and Conditions.
3.5	Offensive Material:  Users shall not knowingly or unknowingly transmit offensive or obscene material to this website.  Doing so will be grounds for restricting or terminating the User’s account.
3.6	Attacks:   Users shall not knowingly, recklessly, or negligently cause an attack to be conducted against the website, its operators, or its users. “Attack” shall include, but shall not be limited to attempts to “hack”, disrupt, deface, or render the website inoperable as compared against its normal method of operation.
3.7	Harassment: Users shall not knowingly, recklessly, or negligently harass any other User of the website or any of its employees, officers, or administrators.  “Harassment” for the purposes of this provision shall include, but shall not be limited to, stalking, theft or invasion of private information, excessive emailing, “spamming”, 
3.8	Copyright:  Users may print, and otherwise access judicial opinions, which are public records, but must at all times comply with federal copyright laws as to the non-public, creative elements authored by the Supplier.  Such elements may include, for example, titles, topic headings, annotations, analysis, commentaries and descriptions.
3.9	Non-Competition:  No license to use this website is granted to any individual, legal entity in the business of publishing judicial opinions online, or any representative or employee thereof.  By agreeing to these terms and conditions, you certify that you are not accessing this website for the purposes of competing with the Supplier in the business of publishing judicial opinions online, whether for profit or not.  Employees and representatives of other online legal databases and websites (e.g., Westlaw, Findlaw, LexisNexis, and similar services) may submit a request in writing for this condition to be waived to admin@nhcaselaw.com, but this condition shall not be waived unless so expressly stated by the Supplier.
3.10	You may not use information included in the Online Services or Materials retrieved from the Online Services to determine a consumer's eligibility for (a) credit or insurance for personal, family, or household purposes;  (b) employment; or (c) a government license or benefit.

4.	Intellectual Property

4.1	All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the provider of the Online Services or its third party suppliers of materials. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
4.2	Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein.
4.3	You may not remove or obscure the copyright notice or other notices contained in materials retrieved from the Online Services.

5.	Limited Warranty

5.1	The provider of the Online Services represents and warrants that it has the right and authority to make the online services and materials available pursuant to these Terms and Conditions.
5.2	EXCEPT AS OTHERWISE PROVIDED IN SECTION 5.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6.	Choice of Forum

6.1	Any legal proceeding brought in reference to this contract shall be brought in a court of competent jurisdiction in the State of New Hampshire, notwithstanding the use of this website in any other state or any other “minimum contacts” with any other state.  
6.2	Any tort claim brought against the supplier as a result of its role as publisher of the Website shall be brought in a court of competent jurisdiction in the State of New Hampshire, notwithstanding the use of this website in any other state or any other “minimum contacts” with any other state.  

7.	Limited Liability

7.1	Non-parties to this agreement shall not be liable on this contract.  
7.2	The officers and members of the Supplier shall not be liable on this contract in their individual capacities.  
7.3	The User and Supplier agree that any lawsuit naming an individual member of the Supplier company as a party will be grounds for dismissal.
7.4	A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions on the Website or any materials available thereon, (b) the unavailability or interruption of the online services or any features thereof or any materials, (c) your use of the online services or materials (regardless of whether you received any assistance from a Covered Party in using the online services), (d) your use of any equipment in connection with the online services, (e) the content of materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
7.5	"Covered Party" means (a) the provider of the online services, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of the Online Services or its affiliates; and (b) each third party supplier of materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of materials or any of their affiliates.
7.6	THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
7.7	THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
7.8	The User specifically agrees to hold the Supplier harmless for any tort claim arising out of the lawful publishing of judicial opinions online, including but not limited to defamation, libel, false light, invasion of privacy, and publicity given to private facts.

8.	Donations

8.1	All financial “donations” or “contributions” (used interchangeably) made by you to the Supplier are non-refundable as of the date of receipt by the Supplier.  The “date of receipt” shall mean the date funds clear with the Supplier’s payment processor, or if by check, the date the check is placed in a mailbox, or actually received by the Supplier, whichever is earlier.  

9.	Fees

9.1	The due date for all fees shall be determined by the Website’s payment processor.  The Supplier shall not be liable for the payment processor’s error, mistake or omission.
9.2	All fees paid by the User shall be non-refundable, however, refunds may be issued at the Supplier’s discretion.  In all cases, the User will pay the payment processor’s transaction costs associated with issuing a refund.
9.3	The Supplier reserves the right to increase the fees associated with any service, or to charge a fee for any previously free service.  Such changes in price shall be effective upon notice.  If a User is currently paying a recurring subscription fee with the Supplier or a Payment Provider for the use of a service, the User will be entitled to the benefit of payments already made, on a pro rata basis, and will be afforded no less than 3 days to consider whether to continue to subscribe to the service at the new price.
9.4     If the User is also an advertising customer, the User understands that the Supplier retains discretion over all business decisions regarding advertising services, including but not limited to the authority to create or remove advertising accounts for other Users.  No cause of action shall be allowed for the Supplier's inability or unwillingness to maintain an acceptably small pool of advertisers for the User's benefit.  No cause of action shall be allowed for the actual value of the advertising services offered.  At the time an advertising contract is reached, the fee for advertising services is non-refundable.  A contract is reached when the Supplier sends the User an email containing a price quote within the specified time (the "offer"), the User accepts by providing payment, and consideration is given.  The User may rescind their intention to create an advertising subscription contract at any time before payment is made by emailing the Supplier at admin@nhcaselaw.com.  If the User is erroneously charged for advertising services, a refund will be issued.

10.	Miscellaneous

10.1	These “Terms and Conditions” may be changed from time to time by written agreement.  Any such changes shall be effective immediately upon notice.  “Notice” shall be delivered either by emailing the User email address on file with the Supplier and/or by requiring the user to “click through” a new agreement.  Users are required to notify the Supplier of any changes to their email address so they may receive notice of changes to the agreement.  If any change to this agreement is unacceptable to you, you must notify the Supplier by email, and your account will be terminated accordingly.  All subscription fees and/or donations paid up until the receipt of notice by the Supplier will be non-refundable. 
10.2	The Supplier may terminate your ability to access the website for any failure to satisfy your obligations under this agreement, or for any other purpose permitted by law.
10.3	The failure of the Supplier to enforce any provision hereof shall not constitute or be construed as a waiver of such provisions or of the right to enforce it at a later time.
10.4	These “Terms and Conditions” shall be governed and construed in accordance with the laws of the State of New Hampshire.
10.5	No third party is a beneficiary under this contract and shall not have the right to assert and enforce these provisions on its own behalf.

11.	Privacy Policy

11.1	The following “Privacy Policy” shall also be posted on the Website:
Legal News Services, LLC is committed to fair information practices. We respect the privacy and security of our users. Our goal is to provide you with a personalized internet experience that delivers the information, resources, and services that are most relevant and helpful to you. In order to achieve this goal, we sometimes collect information during your visits to understand what differentiates you from our other users. We will not disclose it to any person or organization not affiliated with Legal News Services, LLC, except as explained in this statement.

Information We Collect and How We Use It

Legal News Services, LLC collects certain information from and about its users in three ways: directly from the user, from our Web server logs and with cookies.

Web server logs: When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include: 
•	your Internet protocol address
•	what kind of browser or computer you use
•	the number of links you click within the site 
•	the state or country from which you accessed the site
•	the date and time of your visit
•	the name of your Internet service provider
•	the Web page you linked to our site from
•	the pages you viewed on the site

Cookies: Our Web sites use cookies (i.e., small bits of text that our servers place into a file on your computer's hard drive). This is used to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on our Website.

Personal information users give us: On some pages of our Website, Users can register to purchase products or services, receive personalized content and participate in surveys or contests. When you register, we will ask you for some personal information.

If you're purchasing a product, we'll request financial information (E.g., What is your credit card number?). Any financial information we collect is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.

For other types of registrations, we will ask for your name, address, e-mail address or telephone number. We may then contact you with information about other products and services.

Finally, you may be asked to disclose personal information to us so that we can provide assistance and information to you. For example, we may collect personal information from you (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting.

More Details About Information We Collect on our Web Sites

Information about Website subscribers and their Website usage is not shared with third parties for marketing purposes. Legal News Services, LLC does not disclose any information about any subscriber's usage of the Website, except to enforce the terms of our subscriber agreements or as required by law.

Some pages on the Website make chat rooms, forums, message boards or news groups available to you. Please remember that any information disclosed in these areas is public. You should exercise caution when disclosing personal information in these areas. Don't disclose information in these public forums that might be considered confidential.

Additionally, Legal News Services, LLC offers legal professionals the ability to provide personal information for inclusion in a Lawyer Directory.

If you submit your information, know that: 
•	it must be accurate, complete and current
•	it will be distributed to third parties in multiple different formats (including online), and you will not be compensated by Legal News Services, LLC in any way for its use
•	Legal News Services, LLC has no control over how third parties use your profile information, and these third parties may contact you for any purpose, including marketing.

Legal News Services, LLC may provide summary statistics about our customers' and subscribers’ interests and preferences, products sold, traffic patterns and related site information to reputable third parties. These statistics do not include personal identification information; they are used only to enhance the design of our Web site and customize new product offerings to our customers. 

Who Has Access to the Information?

Legal News Services, LLC will share your personal data in four ways: 
•	as required by law, in a matter of public safety or policy, or as needed in connection with the transfer of other business assets. In compliance with U.S. law, Legal News Services, LLC does not share information with any unaffiliated third parties for marketing purposes unless you expressly ask us to. 
•	with other affiliated or partially owned businesses,
•	with agents and contractors who use it on Legal News Services, LLC's behalf or in connection with their relationship with us. For example, if you register for a contest, the company that manages the contest for us will have access to your personal data

Links to Other Companies' Sites

Our Website contains links to sites maintained by companies that are not affiliated with Legal News Services, LLC. We are not responsible for the privacy practices or the content of those sites, and we encourage you to use caution when visiting them. In particular, we recommend you view the privacy policy posted on each site.

Privacy Policy Changes

If our information practices change in a significant way, we will post and highlight the policy changes.

Questions?

Please send an e-mail message to admin@nhcaselaw.com.

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