ReporterBase.com Terms of Use Agreement
This Terms of Use Agreement is between OMTI Inc. ("OMTI"), developers of ReporterBase
products and services, and you.
By using ReporterBase.com products and services ("ReporterBase.com"), you agree
to the following terms and conditions, and any policies, guidelines or amendments
thereto that may be presented to you from time to time (collectively, the "Agreement").
We may update this Agreement in the future, and you will be able to find the most
current version of this Agreement at http://www.ReporterBase.com/terms.html.
1. USE OF SERVICES
OMTI offers ReporterBase.com services to you, provided that you are of legal age
to form a binding contract and are not a person barred from receiving services under
the laws of the United States or other applicable jurisdiction. In order to access
certain services, you may be required to provide current, accurate identification,
contact, and other information as part of the registration process and/or continued
use of ReporterBase.com. You are responsible for maintaining the confidentiality
of your account password, and are responsible for all activities that occur under
your account. You agree to immediately notify OMTI of any unauthorized use of your
password or account or any other breach of security. OMTI cannot and will not be
liable for any loss or damage arising from your failure to provide us with accurate
information or to keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, graphics, or other materials ("content") are
the sole responsibility of the person from whom such content originated. You agree
that you are responsible for your own conduct and any content that you create, transmit
or display while using ReporterBase.com services and for any consequences thereof.
You agree to use ReporterBase.com services only for purposes that are legal, proper
and in accordance with this Agreement and any applicable policies or guidelines.
You agree that you will not engage in any activity that interferes with or disrupts
OMTI services or servers or networks connected to ReporterBase.com services. To
report any activity or content that may violate this Agreement, please contact ReporterBase.com.
Unauthorized attempts to upload information or change information on this website
are strictly prohibited and may be punishable under the Computer Fraud and Abuse
Act and the National Information Infrastructure Protection Act. Information may
also be used for authorized law enforcement investigations.
In addition to this Agreement, your use of some specific ReporterBase.com services
is governed by the policies or guidelines specific to those services and which are
specifically incorporated into this Agreement.
3. REPORTERBASE.COM PRIVACY POLICY
For information about our data protection practices, please see our Privacy Policy
at http://www.ReporterBase.com/privacy.aspx. By using ReporterBase.com
services, you acknowledge and agree that OMTI may access, preserve, and disclose
your account information and any content associated with that account if required
to do so by law or in a good faith belief that such access preservation or disclosure
is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process
or enforceable governmental request, (b) enforce this Agreement, including investigation
of potential violations hereof, (c) detect, prevent, or otherwise address fraud,
security or technical issues (including, without limitation, the filtering of spam),
or (d) protect against imminent harm to the rights, property or safety of ReporterBase.com,
its users or the public as required or permitted by law.
You understand that the technical processing and transmission of ReporterBase.com
services, including your content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting networks,
devices or services.
4. PROPRIETARY RIGHTS
OMTI’s Rights
You acknowledge and agree that ReporterBase.com services and any necessary software
used in connection with ReporterBase.com services ("Software") contain proprietary
and confidential information that is protected by applicable intellectual property
and other laws and treaties. You further acknowledge and agree that content presented
to you through ReporterBase.com services is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by OMTI or other proper third party rights holders, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
content, ReporterBase.com services or Software, in whole or in part except as specifically
authorized in a separate written agreement.
Subject to this Agreement, OMTI grants you a personal, non-transferable and non-exclusive
right and license to use the Software; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the
Software, unless such activity is expressly permitted or required by law or has
been expressly authorized by OMTI in writing. You agree not to use modified versions
of the Software, including (without limitation) for the purpose of obtaining unauthorized
access to ReporterBase.com services. You agree not to access ReporterBase.com services
by any means other than through the interface that is provided by OMTI for use in
accessing ReporterBase.com services except as specifically authorized in a separate
written agreement.
Except as expressly authorized by OMTI you agree not to use, copy, imitate, or incorporate
any trademark, service mark, trade dress, company name, or product name in a way
that is likely to cause confusion among consumers. You also agree not to remove,
obscure, or alter OMTI's or any third party's copyright notice, trademarks, or other
proprietary rights notices affixed to or contained within or accessed in conjunction
with or through the ReporterBase.com services or Software.
Your Rights
OMTI claims no ownership or control over any content submitted, posted or displayed
by you on or through ReporterBase.com services. You or a third party licensor, as
appropriate, retain all patent, trademark and copyright to any content you submit,
post or display on or through ReporterBase.com and you are responsible for protecting
those rights, as appropriate. OMTI reserves the right to refuse to accept, post,
display or transmit any content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary
to grant the rights granted herein to any content submitted.
5. GENERAL PRACTICES REGARDING USE AND STORAGE
OMTI retains the right to create reasonable limits on your use of content, such
as limits on file size, storage space, processing capacity, time frames for retention
of content, and similar limitations as otherwise determined by OMTI at its sole
discretion. You agree that OMTI has no responsibility or liability for the deletion
or failure to store any content and other communications maintained or transmitted
by ReporterBase.com services. OMTI may delete, as applicable, all or portions of
your Information upon termination of this Agreement.
6. PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of ReporterBase.com services, use of ReporterBase.com
services, or access to ReporterBase.com services except as otherwise expressly provided
in this Agreement or as specifically authorized in a separate written agreement.
7. MODIFICATIONS TO SERVICE
OMTI reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, ReporterBase.com services (or any part thereof) with
or without notice. You agree that OMTI shall not be liable to you or to any third
party for any modification, suspension or discontinuance of ReporterBase.com services.
8. TERMINATION
You may discontinue your use of ReporterBase.com services at any time. You agree
that OMTI may at any time and for any reason, including a period of account inactivity,
terminate your access to ReporterBase.com services, terminate this Agreement, or
suspend or terminate your account. In the event of termination, your account will
be disabled and you may not be granted access to ReporterBase.com services, your
account or any files or other content contained in your account. Sections 8 (Termination),
10 (Indemnity), 11 (Disclaimer of Warranties), 12 (Limitations of Liability), 13
(Exclusions and Limitations) and 16 (including choice of law, severability and statute
of limitations), of this Agreement, shall survive expiration or termination.
9. LINKS
ReporterBase.com may provide links to other World Wide Web sites or resources. OMTI
may have no control over such sites and resources and you acknowledge and agree
that OMTI is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You further
acknowledge and agree that OMTI 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 content, goods or services available on or through
any such site or resource.
10. INDEMNITY
You agree to hold harmless and indemnify OMTI, and its subsidiaries, affiliates,
officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively
"OMTI") from and against any third party claim arising from or in any way related
to your use of ReporterBase.com services, violation of this Agreement or any other
actions connected with use of ReporterBase.com services, including any liability
or expense arising from all claims, losses, damages (actual and consequential),
suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
In such a case, OMTI will provide you with written notice of such claim, suit or
action.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- Your use of ReporterBase.com services is at your sole risk. You should not submit
content without maintaining a copy of such content in another location as the content
may be erased, removed or corrupted at any time with no liability to OMTI. ReporterBase.com
services are provided on an "as is" and "as available" basis.
- OMTI does not warrant that (i) ReporterBase.com services will meet your requirements,
(ii) ReporterBase.com services will be uninterrupted, timely, secure, or error free,
(iii) The results that may be obtained from the use of ReporterBase.com services
will be accurate or reliable, (iv) The quality of any products, services, information,
or other material obtained through ReporterBase.com services will meet your expectations,
and (V) Any errors in the service will be corrected.
- OMTI does not make any warranties or claims as to the legality of digital signature
proxies or their fitness for any particular purpose. OMTI provides this service
as a convenience to court reporters and court reporting agencies for adding digital
signatures to electronic transcripts in their production process for clients who
request such services. To the maximum extent permitted by law, OMTI expressly disclaims
all warranties and conditions of any kind, whether express or implied, including,
but not limited to the implied warranties and conditions of merchantability, fitness
for a particular purpose and non-infringement.
- Digital signatures registered on this site remain the property of the persons who
registered them. Because OMTI has no control over the materials and information
submitted, OMTI makes no warranty, expressed or implied, as to the accuracy of these
materials. It is solely the responsibility of the persons registering their signatures
to provide and maintain the accuracy of these materials and to monitor their use.
OMTI shall not, directly or indirectly, be liable, in any way, to the user or any
other person for the use of this service or any content received through this service,
or for any inaccuracies, errors in or omissions from the content provided by other
users.
- No advice or information, whether oral or written, obtained by you from OMTI or
through or from ReporterBase.com services shall create any warranty not expressly
stated in this agreement.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OMTI SHALL NOT BE LIABLE TO YOU 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 OMTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE REPORTERBASE.COM SERVICES; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM REPORTERBASE.COM SERVICES; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON REPORTERBASE.COM SERVICES; OR (v) ANY OTHER MATTER RELATING TO REPORTERBASE.COM
SERVICES.
13. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY,
RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT
OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
ONLY THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN YOUR JURISDICTION
WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
14. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there
shall be no third party beneficiaries to this Agreement.
15. NOTICE
You agree that OMTI may provide you with notices, including those regarding changes
to this Agreement, by email or postings on ReporterBase.com.
16. GENERAL INFORMATION
Entire Agreement. This Agreement (including any policies, guidelines or amendments
that may be presented to your form time to time, such as Program Policies and Legal
Notices) constitute the entire agreement between you and OMTI and govern your use
of ReporterBase.com services, superceding any prior agreements between you and OMTI
for the use of ReporterBase.com services. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other ReporterBase.com
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. This Agreement and the relationship between you and OMTI
shall be governed by the laws of the State of Texas without regard to its conflict
of law provisions. You and OMTI agree to submit to the personal and exclusive jurisdiction
of the courts located within the city of Houston, Texas.
Waiver and Severability of Terms. The failure of OMTI to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of such right
or provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations. 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 ReporterBase.com
services or this Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section headings in this Agreement are for convenience only and have no legal
or contractual effect.
This Agreement last updated:
May 12, 2009
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