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Sunday, April 20, 2014 2:04 AM

TERMS AND CONDITIONS OF USE

Welcome to the Prison Legal News Web site, and thanks for accessing our services. These terms and conditions govern your use of our site:

Ownership

This Web site is owned and operated by Prison Legal News (PLN). Any legal claims or concerns regarding this Web site should be addressed to: Prison Legal News, P.O. Box 1151, Lake Worth, FL 33460. Except where otherwise indicated, the content featured or displayed on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to PLN, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on this Web site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

Subscriptions

Access to the PLN Web site is by subscription only. Upon payment of the required subscription fee, you will be issued a password. The schedule of subscription fees is based on the number of days per user, as follows:

30 Days for One User
$19.95
365 Days for One user
$149.95





License

PLN authorizes you, as a subscriber, to copy materials on this site to a hard drive for the purpose of viewing and using the site on your computer. You may also print portions of the site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the site. Because one of PLNís goals is to achieve the widest possible distribution of information and materials of the kind contained on this Web site, you may reproduce, reuse, forward and distribute such materials, as you deem appropriate. However, you may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any financial profit or commercial purpose. You also may not give or sell your password to, nor share your password with, any non-subscriber. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web site or its content, nor may you use any network monitoring or discovery software to determine the site architecture or extract information about usage or users. You may not mirror or otherwise export or re-export the Web Site or any portion thereof. Any unauthorized use of the Web site or its content is prohibited. Unauthorized use of this material on any other Web site or in a networked computer environment for any purpose is prohibited.

Trademarks

The words PRISON LEGAL NEWS and the abbreviation PLN are trademarks of PLN, protected under the laws of the United States. Other partiesí trademarks used, depicted or identified on this Web site are the property of their respective owners, used here by permission or solely to describe said owners, and may be registered in one or more countries. Use on this Web site of the trademark(s) of any other party is not intended to imply PLNís affiliation with or endorsement of that party, or that partyís sponsorship or endorsement of PLN, its products or services.

Copyright

The Web site and all graphics and text are the copyrighted property of Prison Legal News. PLN avails itself of the protections of the Digital Millennium Copyright Act, and reserves the right to remove any content that allegedly infringes another person's copyright. Notices to PLN regarding any alleged copyright infringement should be directed to Prison Legal News, pwright@prisonlegalnews.org , or to legal counsel Robert C. Cumbow, Graham & Dunn PC, 1420 Fifth Avenue Ė 33rd Floor, Seattle WA 98101-2390,.

Submitted Content

PLN encourages lawyers to donate relevant legal briefs to the ďBriefbankĒ portion of this Web site. Donation of such content, however, is conditioned upon the donorís consent to PLNís reproduction of the brief and to its access and use by PLN Web site subscribers. Those who do not want their briefs so reproduced or used should not submit them; donors who wish to place specific limitations on the reproduction and reuse of their briefs should accompany donated briefs with a specific copyright/ license statement specifying any such limitations on reproduction and reuse. Donation of briefs is without compensation, and PLN will not edit or otherwise alter the donated materials. PLN does, however, reserve the right, in its sole judgment, to determine whether or not to post donated briefs, and to remove them when it deems it appropriate to do so.

Persons wishing to submit articles or original materials other than donated briefs should contact PLN and request a copy of the PLN Writerís Guidelines. PLN retains the right to re-publish donated briefs and submitted articles and materials in any medium whatsoever.

Privacy Policy

Retention and Use of Personal Information: PLN respects your ability to make informed choices about the collection and uses of your personal information. When you access this Web site, some informationósuch as the site that referred you to the PLN Web site, your IP address, and your email addressómay be automatically collected as part of the operation of this Web site. We may use this information to generate user profiles and to personalize our Web site to your particular interests. We may require you to provide your age and date of birth in order to insure compliance with U.S. government restrictions on Web site providing content to, and acquiring information from, children. Any such personal information as may from time to time be collected from this Web site is stored indefinitely. PLN may share statistical information about its users with third-party associates with whom we share content-providing services. PLN does not share information with organizations other than its own associates, and does not sell its subscriber information. Any personal information we collect may be used for such purposes as processing transactions, customer service, marketing, product and service development, and facilitating subsequent use of this Web site. Because of the nature of the Internet, such data may pass through any country. Unless you opt out (see below), you hereby consent to this policy, and we may from time to time notify you of new products or services, or other information that may interest you. You may also receive similar notifications from our third-party associates. We also reserve the right to disclose any such personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

Opt-Out: If you do not want to receive promotional information from PLN or our third-party associates, you will be able to express this preference by clicking on the appropriate button or checkbox provided elsewhere on this Web site; or you may contact us at pln@prisonlegalnews.org to change your preference. We will take reasonable steps to deactivate your name from our marketing lists when we receive your request. However we will not be responsible for recalling information we may have already provided to our third-party associates prior to receiving and processing your opt-out request.

Children: It is not our intention to collect personal information from anyone under 18 years of age. If you are under 18, you should not enter information on this Web site and should ask a parent to do so for you. If you are under 13, we must have express written permission from a parent before you may use this site. The authorizing parent must email us pln@prisonlegalnews.org , certifying the parentís age and authority, and giving us express permission to acquire and retain any such personal information from you as we may normally obtain from users of this site.

Recourse: If at any time you believe that PLN has not followed the above policy, please let us know pln@prisonlegalnews.org and we will make reasonable efforts to identify and correct any problem.

Changes: PLN reserves the right to change the terms of its privacy policy at any time. If we do change this privacy policy, we will post the changes on this Web site. We encourage you to review this privacy policy each time you visit our Web site to make sure you understand our current policy on collecting and using customer information.

Limitation: It is PLNís intention that this Privacy Policy apply only to PLNís online data retention and collection activities. The Policy does not apply to any offline practices of PLN.

Links to Other Sites

The Web site may contain links to Web sites not operated or maintained by PLN. These links are provided solely as a convenience to you and not as an endorsement by PLN of the contents of such third party Web sites. PLN is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party Web sites, you do so at your own risk, and waive any and all claims against PLN regarding the inclusion of links to outside Web sites or your use of those Web sites. The third party sites may contain User Agreements or Terms and Conditions to which you are subject while using those sites. We encourage you to become familiar with the privacy policies of any linked site when you access that site.

Representations As To Content

PLN uses reasonable efforts to ensure the accuracy, correctness and reliability of this siteís content, but we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the site. The use of the Web site and the material is at your own risk. The materials on this Web site are provided for informational purposes only, and are not intended for any other use. None of the materials or information contained on this Web site is intended to constitute legal advice, and use of the site is not intended as a substitute for consulting an attorney. Some of the events described and topics discussed in materials contained in the Database contain graphic descriptions of abuses of a sexual and/or violent nature. You are urged to use caution and discretion in your use of the Database and in its access to others in your workplace or household. Changes are periodically made to the Web site and may be made at any time.

This Web site may include advertising or notices of sponsorship. Advertisers and sponsors are solely responsible for the content of such advertisements or sponsorship notices submitted for inclusion on the Web site and for ensuring that such material is accurate and complies with applicable laws. PLN is not responsible for any illegality, error or inaccuracy in advertisers' or sponsors' materials, and does not sponsor, endorse, or make any representation concerning the goods or services of such sponsors or advertisers.

Limitations on PLN's Liability

DISCLAIMERS OF WARRANTIES: PLN DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PLN IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PLN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. PLN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER PLN NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF PLN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY: IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE AND OBTAIN A REFUND OF YOUR SUBSCRIPTION FEE.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. PLN makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Web site and the provisions of these Terms and Conditions.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Court of the State of Washington for King County or the Federal District Court of the Western District of Washington (as permitted by law), each located in Seattle, Washington, and each party irrevocably consents to, and agrees not to contest, the personal jurisdiction of these courts. However, PLN shall have the right to commence and prosecute any legal or equitable action or proceeding before any domestic or foreign court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of PLN, such action is necessary or desirable.

Enforcement

Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. PLNís failure to expressly enforce any provision of these Terms and Conditions does not waive its rights to enforce that or any other provision.

Modification/Integration

We reserve the right to change these Terms and Conditions, and other information available on this Web site, without notice. These conditions set out the entire agreement between PLN and you relating to your use of this Web site.

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