Daily Court Review Investments, Ltd., a Texas limited partnership headquartered at 8 Greenway Plaza, Suite 101, Houston, Texas 77046 (“Company,” “we” or “us”), operates the website(s) located at dailycourtreview.com, portal.dailycourtreview.com, dcrbusinessleads.com, portal.dcrbusinessleads.com, and any subdomains of dailycourtreview.com and dcrbusinessleads.com (collectively, the “Website”). By using the Website, you agree to comply with all of the terms, conditions and notices contained or referenced herein (the “Terms of Use”).
BY USING THE WEBSITE, YOU ACCEPT THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO CEASE USING THE WEBSITE.
1. ACCESSING THE WEBSITE
You are responsible for any steps necessary for you to have access to the Website. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any service or material that we provide on the Website, and any applicable policies or terms; (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove any user content or account; and (5) to terminate access of any user in its sole discretion, for any reason or no reason. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
2. INTELLECTUAL PROPERTY RIGHTS
(a) The Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, photographs, video and audio, and the design, selection and arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company. These Terms of Use permit you to use the Website for your non-commercial use only.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(d) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
3. MONITORING; TERMINATION OF ACCESS
We have the right to (a) monitor your use of the Website, (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (c) terminate or suspend your access to all or part of the Website.
4. YOUR REPRESENTATIONS AND OBLIGATIONS
(a) You may use the Website only for lawful purposes and in accordance with these Terms of Use.
(b) You promise that: (i) you will not use the Website in any way that violates any applicable federal, state, local or international law or regulation; (ii) you will not do anything that could disable, overburden, damage, or impair the operation of the Website or interfere with any person’s use of the Website; (iii) you will not use any robot, spider or other automatic program, device, process or means to access the Website; (iv) you will not introduce any malware, including but not limited to viruses, trojan horses, worms, logic bombs, rootkits or other material which is malicious or technologically harmful; and (v) you will not access or attempt to access data or files on the Website that you are not expressly authorized to access.
5. DISCLAIMER REGARDING PUBLICATION AND PHOTOGRAPHS
The various public records and other data on the Website and in the Daily Court Review publications (the “Compilation”) are provided “as is” and without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Daily Court Review, its affiliates, directors, officers, employees, agents and third party content providers (i) make no warranty as to the results that may be obtained from use of the Compilation or as to the accuracy, reliability or content of the Compilation, (ii) shall not be liable for any loss or damage caused by reliance on information obtained through the Compilation, and (iii) shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of content provided in the Compilation.
The photographs, street-view images, addresses, and geocoding of properties listed in the Compilation are provided solely for informational purposes. Please be advised that any photographs, street-view images, addresses and geocoding information, in particular, are not independently verified, are not reliable, and are subject to change. You agree to perform your own due diligence prior to bidding on any property by verifying the actual location and condition of the property, and by verifying that the image shown and/or address listed of the property in the Compilation is, in fact, the property offered for sale. There is no warranty, guarantee, promise, or other representation made regarding the condition of the property, the existence of any improvements, the location or address of the property, or the accuracy of the photographic or geocoding of any property listed in the Compilation.
6. RELIANCE ON INFORMATION
The information presented in the Compilation is made available strictly for informational purposes only. The Company makes no representations or warranties regarding the quality or accuracy of the information, including the accuracy of any information related to the properties listed in the Compilation. We do not make any statements regarding the accuracy, completeness or usefulness of this information. There may be errors and omissions in the Compilation or in its content. The Company is not engaged in rendering professional services or in providing advice. If professional advice or other expert assistance is sought, the services of a competent professional should be sought. Any reliance you place on such information is strictly at your own risk, and under no circumstances shall the Company be liable for any loss suffered as a result of such reliance. The Website, including the Compilation, includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
7. PRIVACY
All information we collect on the Website is subject to our Privacy Policy which can be reviewed at https://www.dailycourtreview.com/about/PrivacyPolicy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
8. LINKS TO THIRD PARTY WEBSITES
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of such websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
9. DISCLAIMERS
YOUR USE OF THE WEBSITE, OR ITEMS OR INFORMATION OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OR INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.
11. INDEMNITY
You agree to indemnify, defend and hold harmless the Company, and our officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Website, including any data or information transmitted or received by you, any other party’s access or use of the services with your username and password, or your violation of these Terms of Use, applicable laws, rules or regulations.
12. VIOLATION OF THESE TERMS OF USE
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Website. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that we may terminate access of any member or user to the Website in our sole discretion at any time, for any reason or no reason. We reserve the right to suspend or terminate any member’s or user’s account with or without notice to said user for any reason, at our sole discretion. You acknowledge that a breach of any proprietary rights provision of these Terms of Use may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.
If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.
13. GOVERNING LAW AND VENUE
These Terms of Use shall be construed and governed by the laws of the State of Texas, without regard to its principles of conflict of laws. You agree that any legal action or proceeding in connection with the Website, its contents, the Compilation, or these Terms of Use shall be brought in Harris County, Texas, or, if the jurisdictional prerequisites exist, in the United States District Court for the Southern District of Texas, Houston Division, and you expressly waive any objection to the jurisdiction or venue of such courts. Any cause of action by you with respect to the Website, its contents, the Compilation, or these Terms of Use must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
14. WAIVER AND AMENDMENT
No waiver of any right, obligation or default by the Company shall be implied, but must be in writing, signed by an authorized agent of the Company. If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Use, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these Terms of Use will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
16. FUTURE BUSINESS TRANSACTIONS
In the event we undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets, user information generally is one of the transferred business assets, and by submitting any data to us, you agree that such data may be transferred to such parties in these circumstances.
17. VOID WHERE PROHIBITED
Although access to this Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
18. NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of your use of this Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.
19. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and the Company with respect to the Website and the Compilation and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Compilation. No representation, inducement, promise or agreement, oral or written has been made by the Company or anyone acting on its behalf which is not contained herein. In our sole discretion, we may modify these Terms of Use by posting the revised version on this Website and you agree that each visit by you to this Website is a new transaction governed by the Terms of Use linked on this Website at that time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
20. YOUR COMMENTS AND CONCERNS
The Website is operated by Daily Court Review Investments, Ltd., a Texas limited partnership headquartered at 8 Greenway Plaza, Suite 101, Houston, Texas 77046. If you have any questions, please contact us via email at info@dailycourtreview.com or mail us at the above address.
Last Updated: April 18, 2018