Midnight, LLC (the owner and operator of BenchReporter.com) and its affiliates (collectively, “BR”) make this website and its related products and services available to you in specific reliance upon your agreement to be bound by the terms set forth below (“Terms”). By accessing, browsing, or using this website as a subscriber, member or otherwise, you acknowledge that you have read, understood, and agree to be bound by these Terms.
This is a binding contract between you and BR and it governs your use of this website as well as the content, information, and services provided via the BR website. BR may update these Terms at any time, with or without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to these terms, please do not use this site.
Your membership entitles you to a nonexclusive, nontransferable, revocable, limited license to access and use the information and services on this website, subject to these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control upon termination. Except for the limited license set forth in these Terms, you have no express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
2.0 Usage Restrictions
By accessing or viewing this website, you make the following promises:
- you will not use, intentionally or unintentionally, any of the content, information, or services on this website in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, court order, or regulation having the force of law.
- you will not share your site membership credentials with any other person or otherwise permit, assist or enable anyone else to access the site in a manner that would allow the benefits of membership to someone who has not purchased or otherwise obtained a membership from us.
- you will not access this website in any manner other than to perform research for yourself or your client
- you will not cause or suffer any access of this website which is intended or likely to harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, switches, gateways, servers, networks, and other components connected to or used for this website
- you will not interfere with any other party’s use and enjoyment of this website, or of any of the content, information, or services provided on this website;
- to the extent that you are able to upload, post or otherwise transmit content using this site you will not upload, post, or otherwise transmit 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);
- you will not upload, post, or otherwise transmit 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;
- you will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this website, through password mining, hacking, or any other means;
- you will not seek to gain access to any materials or information through any means not intentionally made available by us;
- you will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit this website, or any portion hereof without our prior written consent, except that you may reproduce rulings posted on this site for the limited purpose of studying/reviewing them;
- you will not use any framing techniques to enclose any portion of this website (including, but not limited to, images, text, page layout, and form) without our prior written consent;
- you will not make any use of the trademarks, service marks, trade names, logos, or graphics on this website without our prior written consent;
- you will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users;
- you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the content, information, or services on this website without our prior written consent;
- you will not collect any email addresses made available on this site for purposes of promotions or marketing campaigns;
- you will not distribute, on or through this website, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without our prior written permission; and
- you will not use or otherwise export or re-export this website, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.
WE PROVIDE THIS WEBSITE AND ITS CONTENT “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
- WARRANTIES OF THE ACCURACY OF THE INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE
- WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS;
- WARRANTIES THAT ACCESS TO ANY PRODUCT WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE;
- WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE; AND
- WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE
BY ACCESSING, BROWSING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT
- PROVISION OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OR CORRUPTION OF DATA OR DAMAGE TO MEDIA;
- THIS SITE, AND THE PRODUCTS AND SERVICES REFERENCED HEREIN MAY NOT CONTAIN INFORMATION YOU DESIRE AND MAY NOT OPERATE IN THE MANNER YOU WOULD PREFER
IN NO EVENT WILL WE BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR
- INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THIS WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGE;
- ANY CLAIM(S) RELATING IN ANY WAY TO THE INABILITY OR FAILURE TO PERFORM RESEARCH PROPERLY OR COMPLETELY;
- ANY AMOUNT IN EXCESS OF FEES PAID TO A GIVEN SUBSCRIBER
- ANY DECISION MADE OR ACTION TAKEN BY CUSTOMER IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH THIS WEBSITE.
4.0 Patents, Copyrights and Trademarks
- BR retains all intellectual property rights related to the data, images and information presented on this website, as well as the manner in which the site operates. The trademarks, service marks, trade names and logos appearing on this site are trademarks of BR and or its affiliates or licensors. Unless permitted under these Terms, no part of this website may be reproduced, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, or otherwise exploited without prior written consent. Please consult notices and terms for individual products and services referenced herein.
- BR claims no copyright in any individual ruling but does claim a copyright in the website and to components of the website, including but not limited to the design, the code, the selection, arrangement and organization of rulings, the tags, and all other site content.
- You grant us a non-exclusive, worldwide, transferable, and perpetual copyright in any comments or other contributions you may make on or to the site.
- THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
5.0 No Legal Advice
The information and services on this website are not intended to and shall not be used as legal advice. No attorney-client relationship is formed. You use the content, information, and services on this website at your own risk.
This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. We are not responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors.
7.0 Links to Third Party Sites
This Site may provide links to other sites or resources. We makes no representations whatsoever about any other web site which you may access through this Site. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. we make no representation or warranty as to any third party Content, products or services, and you agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
8.0 Registration and Account Information
Certain sections of this website may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly agreed between you and BR. You are responsible for maintaining the confidentiality of your account and password and for restricting access to (a) your password and (b) your computers and/or devices, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately.
You acknowledge and agree that we, in our sole discretion, may terminate your website access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason. We shall not be liable to you or any third party for termination of website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website.
Memberships are month to month and renew automatically. You may cancel at any time and such cancellation shall be effective as of the date your account would otherwise next renew.
We make all reasonable efforts to maintain your confidentiality. BR does not require that users provide a name or address. Whatever account information we do have will not be shared with anyone absent a court order. By subscribing, you agree that we may contact you with information about BR.
You agree to indemnify, defend, and hold us and our owners, officers, directors, employees, affiliates, agents, licensors, operators and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.
12.0 Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
13.0 Severability of Provisions
If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Please contact us with questions about these Terms, or about the content, information, or services on this website.