The Dolan Company Subscriber Agreement and Terms and Conditions of Use
(effective August 24, 2012)
This Subscriber Agreement* and Terms and Conditions of Use governs your use of the following Web Sites (each a “Web Site” and, together, the “Web Sites”), all of which are owned and operated by The Dolan Company and its subsidiaries (“Dolan,” “we,” or “us”).
If you choose to use any of the Web Sites, or any features, databases or downloadable services (the “Services”) on any of the Web Sites, you will be agreeing to abide by all of the terms and conditions of this Agreement. We may amend the terms of this Agreement at any time, without notice to you, and any amendments to this Agreement will be effective when we post it to any Web Site. We may, in our discretion and without notice or liability to you, modify, enhance, suspend or discontinue any Services available on the Web Sites or restrict access to certain Services on a Web Site that may have been available to you. You are responsible for reviewing this Agreement prior to your use of any Web Site and, by continuing to use any Web Site, you agree to any changes to this Agreement.
If, at any time, you disagree with any of the terms and conditions of this Agreement or any amendments, you may terminate your subscription as provided in Section 7, below.
1. Registration Obligations. To use a Web Site, you will need to register as a user on that Web Site. Upon completion of the registration process, we will provide you a designated account and password. You agree to provide truthful and accurate information during the registration process and update that information if it should change while you are registered as a user. You shall notify us at firstname.lastname@example.org of any known or suspected unauthorized use of your account or any known or suspected breach of security, including the loss, theft or unauthorized disclosure of your password or payment information. You are responsible for all usage and activity on your accounts on any of our Web Sites, whether you knew of or authorized the access. You may not assign, sublicense or otherwise transfer your account or allow any other person to use your account or password. We reserve the right to terminate your account for any fraudulent, abusive, or otherwise illegal use of our Web Sites.
2. Fees and Payments. You must be a subscriber to access and use certain Services on our Web Sites and we reserve the right, in our sole discretion, to impose fees to access and use Services that we now provide for free. To subscribe to any of our Web Sites, or Services, please go to email@example.com. You agree to pay the subscription fees and other charges incurred in connection with your account for any Service (including applicable taxes) at the rates in effect when you incurred the charges. If your subscription includes access to areas containing premium content or Services, we may charge you additional fees for that access or that access may be subject to additional terms and conditions, which we will separately disclose in those areas. We may change the fees we
charge for subscriptions or access to certain Services with advance notice to you. We bill subscription fees at the beginning of your subscription or on renewal.
3. Content; Limitations on Use.
a. We and our advertisers and licensers own and control all materials published on the Web Sites, unless such materials are credited to another person as the provider. These materials include, but are not limited to, news articles, photographs, images, illustrations, audio clips, video clips, surveys, lists, databases and advertising (the “Content”).
b. The Content is protected by copyright laws and you may not sell, publish, distribute, retransmit, reprint, resell, copy, reproduce or exploit for any commercial purposes the Content, post the Content to another Web Site or provide access to the Content you may download from our Web Sites or Services to any other person without our written permission. Please contact the publisher of the Web Site to request permission to use our Content for any of these purposes.
c. We provide the Content and the Services for your personal use in connection with your business, research or other work.
d. Associated Press content accessed via our Web Sites or publications is subject to the Associated Press end user terms and conditions (as may be updated from time to time), found here (and incorporated into this Agreement by this reference): www.ap.org/termsandconditions.
4. OUR DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS AND USE OF, THE Web SiteS, SERVICES AND CONTENT IS ON AN “AS IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DOLAN COMPANY, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, LICENSORS, ADVERTISERS AND CONTRACTORS ARE NOT LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN ANY WAY TO YOUR RIGHTS UNDER THIS AGREMENT OR YOUR USE OF THE Web SiteS, SERVICES OR CONTENT. This Section 4 survives the termination of this Agreement.
5. User Conduct.
a. You agree to comply with all applicable federal, state and local laws, regulations and rules relating to your access to the Web Sites and use of the Services and Content. You further agree that you will not interfere with the use and enjoyment of the Web Sites, Content or Services by any other user.
b. You shall not upload to, or distribute or otherwise publish on the Web Sites any defamatory, obscene, pornographic, abusive, discriminatory, threatening or otherwise inappropriate material (“User Content”). You acknowledge that we may edit, remove, modify, publish, transmit and display by us on our Web Sites and you hereby waive any rights you may have in having the material altered. By submitting User Content, you consent to its display on our Web Sites and to our related online and offline promotional purposes.
c. You are responsible for your User Content and, while we cannot review all User Content and are not liable for it, we do reserve the right, but not the obligation, to delete, move or edit User Content that it, in its sole discretion, deems to be abusive, defamatory, obscene or in violation of any applicable laws or otherwise inappropriate. If you have a complaint about any user posted material, please email firstname.lastname@example.org .
d. You grant us a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to any User Content posted by you, which includes, without limitation, our right (or the right of any person that we designate) to use, copy, transmit, excerpt, publish, distribute, modify, create derivative works of, publicly display or otherwise adapt such User Content in any form or media now known or hereinafter developed.
e. You represent and warrant that (a) no User Content submitted by you will (i) violate, plagiarize or infringe upon the rights of a third party, or (ii) contain defamatory or otherwise unlawful material; and (b) that you are at least thirteen (13) years old.
f. You hereby indemnify, defend and hold harmless The Dolan Company, its subsidiaries, directors, officers, employees, agents, advertisers and licensors (collectively, the “Indemnified Parties”) from and against any and all liability and costs (including reasonable attorneys’ fees) the Indemnified Parties incurred in connection with any claim arising out of a breach by you of this Agreement or your representations, warranties and covenants under this Agreement. You agree to cooperate in the defense of any such claim and we reserve the right to assume the exclusive defense and control of any claim subject to indemnification by you.
6. Other Web Sites. From time to time, we may provide links on our Web Sites to other Internet Sites or resources. We are not responsible for the availability of these Internet Sites or resources or their content. Any concerns regarding such Internet Sites or resources should be directed to the administrator of those Sites.
7. Termination. You may terminate this Agreement and your subscription to any Web Site by contacting us at: email@example.com. We may terminate this Agreement and your subscription and/or access to any Web Site in our sole discretion. If we terminate your subscription and/or access to any Web Site we will give you written notice of the termination. Note that conflicting termination, refund and renewal rights as found in your subscription agreement for access to a specific product or service (e.g. Federal News Service, Legislative Information Services of America, or Potomac Publishing) take precedence over the general provisions of this section, and this Agreement.
8. Refund Policy. You may cancel your subscription at any time and receive a full refund on all undelivered issues of your print subscription and or time remaining on your online subscription. Please call our customer service department at 1-800-451-9998 to receive a prorated refund, including tax (if applicable). Refund requests will be processed within 10 business days of receipt of the request and will be refunded in the same method of original payment. Please note that, on your credit card statement, the refund will appear as Dolan Media Company. To request non-subscription related refunds, please contact us via phone at 1-866-802-8214 or e-mail us at firstname.lastname@example.org.
9. Auto-Renew Policy. Your subscription will renew automatically approximately one month prior to your expiration date at the regular subscription rate in effect at the time of renewal. We will automatically renew your subscription and charge your credit card unless you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by e-mail reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid subscription fee charges to your credit card for the renewal term.
10. General Provisions. This Agreement is governed by the laws of the state of Delaware without reference to its conflicts of law principles. If a court determines that any provision of this Agreement is unenforceable or void, the enforceability of other provisions of this Agreement shall not be affected. Our failure to enforce any provision of this Agreement shall not constitute a waiver of our right to later enforce that provision against you.
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*Note: as to a conflict between this Agreement and the terms of your separate subscription agreement for a specific product or service (e.g. Federal News Service, Legislative Information Services of America, or the Potomac Collection) the terms of latter agreement control.