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JudicialCheck TERMS OF USE and PRIVACY POLICY
JudicialCheck.com Membership Agreement 

YOU MUST READ AND AGREE to the terms and conditions of this Membership Agreement (the "Agreement") before You can become an active member of Judicialcheck.com, and receive a Judicialcheck.com access ID. By applying for a Judicialcheck.com Membership ID you agree to the terms and conditions set forth in this Membership Agreement. These terms and conditions will continue in effect throughout your membership and after any termination, cancellation or expiration. Please read each of these terms and conditions carefully because they will be legally binding on you if you chose to obtain a Judicialcheck.com ID. The parties to this Agreement are You, the Member (hereafter "You", "Your" or "Member"), and Judicialcheck.com . (hereafter the "Company"), the owner of Judicialcheck.com ..

1. Member acknowledges, represents and warrants that, acceptance of the benefits, rights and privileges afforded to Member by the Judicialcheck.com Membership are fair and adequate consideration to contractually bind the Member to the terms and conditions herein set forth and as may, from time to time, be amended.

2. Member acknowledges and is aware that Company does not sponsor, promote, endorse, produce, review, edit, transmit, communicate or otherwise distribute any of the Materials which are contained on Judicialcheck.com..

3. Member acknowledges and is aware that upon approval of a Judicialcheck.com Application, the applicant becomes a Judicialcheck.com member (subject to all the terms and conditions set forth herein) and shall obtain a Judicialcheck.com Membership ID which will, for the period of time for which the Member has enrolled and for which Member has paid, enable the Member to access Judicialcheck.com. All representations, warranties, acknowledgements and agreements by Member, as set forth in this Agreement, shall continue in force throughout the term of the Judicialcheck.com membership.

4. Company represents and agrees that except in response to legal process, Company will not disclose, disseminate, sell, lease or transfer any private information provided to it by Member to any third parties. Otherwise, all data, information, compilations, statistical analyses, profiles, membership history and transaction records are the sole and absolute property of Company.

5. All membership fees are non-refundable in the event that any valid membership is cancelled by Company for violation of these terms and conditions or by Member. If it is determined by Company, in its sole and absolute discretion, that the membership was not validly obtained, then Company will credit the credit card account improperly used for the charges and will invalidate the Membership ID.

6. In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash or check.

7. Your Obligations, Duties, Representations And Warranties. You hereby acknowledge and agree that Company's willingness to enter into this Agreement is based on various material representations, warranties and guarantees made by you and relied upon by Company, as set forth in detail in this paragraph:

7.1 Member represents and warrants that, in the event Member accesses any Materials, that Member will not use the Materials in any unlawful manner.

7.2 Member represents and warrants that, in the event Member accesses any Materials, that Member will not use the Materials in any manner inconsistent with, or in violation of the intellectual property rights of the owner of the Materials.

7.3 Member will not publish, disclose, disseminate or otherwise permit any other person to use his/her Judicialcheck.com Membership ID.

7.4 Member acknowledges that Company relies on the representations and warranties made by the Member in the Member's Application and these terms and conditions. Member represents and warrants that all information provided in the Application is true and correct.

7.5 Member agrees not to modify, translate, reverse engineer, decompile or disassemble any Materials that Member has accessed from Judicialcheck.com without the prior express written authorization from Judicialcheck.com.

7.6 Member agrees not to make copies or create derivative works based on any Materials that Member has accessed from Judicialcheck.com without the prior express written authorization from Judicialcheck.com.

7.7 Member agrees not to rent, lease, or transfer any rights to any Materials that Member has accessed from Judicialcheck.com without the prior express written authorization from Judicialcheck.com.

7.8 Member agrees not to remove any proprietary notices, including copyright and trademark notices, or labels on any Materials that Member has accessed from a participating web site without the prior express written authorization from the participating website owner.

7.9 Member agrees not to make any other unauthorized use of any Materials that Member has accessed from Judicialcheck.com without the prior express written authorization from Judicialcheck.com .

8. Membership to the Service may be terminated at any time, and without cause, by either Company or the Member upon notification of the other by electronic or conventional mail, or by telephone, fax or by filling out the Company's cancellation request form and sending it to Company. When a Member requests termination, membership fees are NOT refunded. You agree to be personally liable for all charges incurred by You during or through the use of the Judicialcheck.com. Your liability for all charges incurred during Your membership term shall continue after termination, for any reason, of Your membership.

9. Members are responsible for providing all personal computer and communications equipment necessary to gain access to Judicialcheck.com. Each Member must keep his Judicialcheck.com ID strictly confidential. Sharing Your unique Judicialcheck.com I.D. with another individual is strictly prohibited and shall entitle the Company to immediately terminate your membership without notice or reimbursement of any kind.

10. INAPPROPRIATE USE OF CHAT, PERSONALS SECTION OR PUBLIC AREAS. 
If Company enables You to share information with other persons, including without limitation other Program Participants through the use of Chat rooms, Personals section, or other means of communication (hereafter "Public Areas") on any Company Website, You agree and warrant that You shall not submit, publish, or display any material which is infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify Company and its officers, directors, employees and representatives for any claims or suits arising from your use of Public Areas in violation of this agreement and warranty.

11. Although Company does not assume the duty or obligation to monitor any messages or other materials posted or uploaded on Judicialcheck.com by third parties, including You, Company reserves the right, in its sole and absolute discretion, but is not obligated to monitor any and all materials posted or uploaded by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies relating to the Public Areas of any of Company's Website which may be applicable from time to time.

12. Although Company does not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Public Areas of any Company Website by third parties, including You, and is not responsible for any content of these materials, Company reserves the right, in its sole and absolute discretion, but is not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that Company, in its sole discretion, deems to violate the Code of Conduct of the Public Areas or any applicable content guidelines adopted from time to time relating to the Public Areas, or to be otherwise unacceptable.

13. You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Public Areas or to users of the Public Areas of any Company Website and that Company may, in its sole discretion, terminate or suspend Your access to all or part of the Public Areas at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Public Areas at Company's sole discretion, and You may be referred to appropriate law enforcement agencies.

14. COMPANY DISCLAIMER REGARDING USE OF PUBLIC AREAS. 
You acknowledge that You understand that Company is not responsible for, nor can it control, the use by others of any information which You provide to them through the Public Areas, or otherwise, and that You have been advised that You should use caution in selecting the personal information You provide to others through the Public Areas.

15. You acknowledge that You understand that Company cannot ensure nor does it make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and therefore that You release Company, its officers, directors, employees and representatives from any and all liability in connection with the use or misuse of such information by other parties.

15.1 You further acknowledge that You understand that Company does not control the content of any information, messages, communication or other materials posted or uploaded by users of the Public Areas of any of Company's Website and that Company does not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Public Areas. Consequently You agree to release Company, its officers, directors, employees and representatives from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other users of the Public Areas.

16. COMMUNICATIONS IN PUBLIC AREAS NOT PRIVATE. 
You further acknowledge and agree that all messages or content posted by You or others in any Public Areas of Company's Website shall be deemed to be readily accessible to the general legal community and consequently should not be considered private or confidential. Consequently, You should not use the Public Areas for any communication that You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into the Public Areas can and may be read by Company, its employees and representatives, whether or not they are the intended recipient(s).

17. COMPANY'S DISCLAIMER REGARDING USE OF THE PERSONALS SECTION OF COMPANY'S WEBSITE. 
You acknowledge and agree that Company shall not be responsible or liable to You in any way for any damage or injury which you may sustain, including without limitation any physical damage or injury of any kind, from any communication, contact or meeting, whether in person, by telephone, email or by or through any other means, resulting directly or indirectly from any material or information which you have submitted to Company for posting on any of Company's Websites, or from messages or communications sent or received by You or other persons through Company's Website, or by or through any other use, directly or indirectly, of the Website.

18. You further acknowledge and agree that Company and the Website does not screen any Members or other users of the Website, has no control over their actions and makes no representations or warranties whatsoever with respect to the character, safety, identity, veracity, age, health or any other attribute of Members or other users of the Website;

19. You further acknowledge and agree that the Company and the Website does not endorse, encourage, recommend, promote or arrange communications or meetings among or between Members or other users of theWebsite, or any other persons, and You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You unilaterally choose to communicate with, or meet with any person with whom You have communicated with or encountered, either directly or indirectly through the use of the public areas. 

Consequently You agree to release Company, its officers, directors, employees and representatives from any and all liability and responsibility in connection with the content of any information, messages, communications you may receive from other users of Company's Website, or from any contact, encounter or meeting with any person or persons directly or indirectly resulting from or related to Your use of the Company's Website.

20. Disclaimer And Limitations On Company's Liability. The Materials on Judicialcheck.com web sites and all services provided to You by Company are provided on an "AS IS" basis without any express or implied warranty of any kind. No warranty is made by Company, or should be implied, regarding any information, services, Materials or products provided through or by Company or by any participating web sites, and Company hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of Materials, information, products, or services on any participating web sites; any warranties of merchantability or fitness for a particular purpose and non-infringement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.

21. Company does not guaranty or warrant the compatibility of the Member's equipment, computer or software, including but not limited to, the type of computer, computer configuration, browser software, other software, or online service.

22. In the event that the participating web site or the Company, its owners, officers, employees or agents, are found liable for any failure to perform, error, omission, interruption, defect delay in operation or transmission, communications line failure or under any other cause or action, said liability shall be strictly limited to the amount of membership fee paid by or on behalf of the Member to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.

23. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, re-sellers, or other Members, or their suppliers, licensees, resellers or Members be liable to You or any other person for any indirect, special, incidental, punitive or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, any interruption in service or inability of Member to access participating web sites due to technical difficulties or failure of the internet, world wide web, phone lines, switching or any other causes beyond its control, or any and all other commercial damages resulting from accessing, viewing or using any use of Materials of a participating web site even if, in any such case, Company has been advised of the possibility of such damages.

24. Company shall in no event be liable to YOU or any third party for any loss resulting from any failure to perform its obligations under this Agreement because of acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, or any other cause beyond Company's direct control, including but not limited to, the issuance of an injunction or seizure order by a court of competent jurisdiction prohibiting Company from carrying on its day-to-day operations as contemplated under this Agreement or an order by any regulatory, administrative, judicial or legislative body, which shall temporarily suspend or permanently terminate Company's ability to provide YOU with services pursuant to this Agreement.

25. Company does not screen or endorse the content of any participating web site, or any advertisements or communications submitted to the participating web sites by third-party licensees, advertisers, or Members for electronic dissemination through the participating web sites. Some of the content of the participating web sites might be accessed by You via hyperlinks which will connect you to third parties, or to third-party web sites that may provide content to the participating web site. Company has no editorial control or supervision over selection or display of the content provided by those third parties or those third-party web sites and those parties are solely responsible and liable for the content.

26. You agree that as a Member you shall not, under any circumstances, have the right to transfer or assign your Judicialcheck.com membership or membership ID to any other person or entity, and that any attempted transfer or assignment of a membership ID shall be void and shall constitute a material breach of these Terms and Conditions on Your part. Your further agree that the Company, may at any time at its sole discretion and without prior notice to you, transfer or assign Your membership and any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion at any time, to an affiliated or non-affiliated Company.

27. This Agreement is not for the benefit of any third party, and shall not be deemed to grant any right or remedy to any third party whether or not referred to in this Agreement.

28. Governing Law; Arbitration; Jurisdiction And Venue. This Agreement shall be governed by and construed under the laws and judicial decisions of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

29. Any and all disputes as to the interpretation of or any performance under this Agreement which are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States.

30. Nothing in this paragraph shall preclude either party from seeking and obtaining any injunctive relief or other provisional remedy available in a court of law, including, specifically, Company's right to prejudgment attachment and expedited discovery. In addition to the foregoing, the parties hereby agree that as part of the consideration for this Agreement, they waive the right to a trial by jury for any dispute arising between them that is in any way related to the subject matter of this Agreement, provided that the arbitration provisions of this paragraph are waived or are otherwise inapplicable. Should any legal fees, costs, or other expenses be incurred by any party to enforce this arbitration and jury waiver provision, the prevailing party shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case.

31. Notwithstanding the foregoing, if for any reason any matter or dispute arising under this Agreement is not resolved by binding Arbitration, or if any of the proceedings or decisions of the Arbitration must be enforced by a court of competent jurisdiction, Member agrees that in case of any litigation regarding this Agreement or the various subject matters hereof, that the venue for such litigation shall be, depending on by the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles, or the United States District Court for the Central District of California, Western Division. Licensee hereby consents and stipulates to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.

32. All notices, payments, statements or other documents that any party to this Agreement is required to or elects to give to the other party hereto will be in writing and will be delivered in one of the following ways: (a) by personal delivery; (b) by addressing the notice to Company at 3435 Ocean Park Blvd. Suite 112, Santa Monica, CA 90405, and to YOU at the address YOU have supplied to Company in Your Application and depositing the same registered or certified mail, postage prepaid, in the United States mail; (c) by Federal Express; (d) by facsimile transmission; or (e) by E-mail and transmission by first class U.S. mail. In addition, Company may make change to these Terms and Conditions by posting notice of such change on the front page of its web site located at http://www. Judicialcheck.com /stdterms.html, such notice, statement or other document so delivered, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when actually received (personal delivery, Federal Express, facsimile transmission or Email), or three (3) business days after.

33. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.

34. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.

35. For purposes of construction, this Agreement shall be deemed to have been drafted by both Licensor and Licensee.

36. A waiver by either party of any term or condition of this Agreement in any one instance shall not be deemed or construed to be a waiver of such term or condition for any similar instance in the future of any subsequent breach hereof. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation, or agreement.

37. If suit, action or arbitration is brought to enforce or interpret any provision of this Agreement, or the rights or obligations of any party hereto as they relate to the subject matter of this Agreement, the prevailing party shall be entitled to recover, as an element of such party's costs of suit, and not as damages, all reasonable costs and expenses incurred or sustained by such prevailing party in connection with such suit or action or arbitration, including, without limitation, attorneys' fees and expenses and court costs. 

38. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Company or You has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement; and, Company and You hereby acknowledge and agree that neither Company nor You have entered into this Agreement in reliance upon any such representation or promise.

39. No modification of this Agreement, in whole or in part, shall be enforceable unless reduced to writing and signed by duly authorized representatives of the parties hereto.
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