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LegisWeb Legal

Please read the following Terms of Use and Privacy Policy carefully before using the LegisWeb web site or any functionality contained herein. By using this site, you signify that you agree to these Terms of Use. If you do not agree to these terms of use, please do not use this site.

Terms of Use

  1. ACCEPTANCE OF TERMS
    LegisWeb welcomes you. LegisWeb provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time.

  2. DESCRIPTION OF SERVICE
    LegisWeb provides users with a collection of information resources and tools through its web and email-based services (the "Service"). You understand and agree that the some part of the Service may include advertisements and that these advertisements are necessary for LegisWeb to provide the Service. You also understand and agree that the Service may include certain communications from LegisWeb, such as service announcements, administrative messages and the LegisWeb Newsletter, and that these communications are considered part of LegisWeb membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS.

    2.1 You are granted a nonexclusive, nontransferable, limited license to access and use for research purposes the Service. This license includes:

    (a) The right to electronically display materials retrieved from the Service to no more than one person at a time;

    (b) The right to obtain a printout of materials via printing commands of the Service and to create a single printout of materials downloaded via downloading commands of the Services (collectively, "Authorized Printouts");

    2.2 To the extent permitted by applicable copyright law, you may make copies of Authorized Printouts and distribute Authorized Printouts and copies.

    2.3 All right, Title, and interest (including all copyrights and other intellectual property rights) in the Service and materials delivered by the Service (in both print and machine-readable forms) belong to the provider of the Service or its third party suppliers of materials. You acquire no proprietary interest in the Service, materials, or copies thereof.

    2.4 Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein.

    2.5 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Online Services.

  3. YOUR REGISTRATION OBLIGATIONS
    In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to provide true and accurate information about yourself as prompted by the Service's registration form (the "Registration Data").

  4. MEMBER ACCOUNT, PASSWORD AND SECURITY
    You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

  5. PUBLIC POSTINGS
    User postings are a valuable service that benefits other users. In order to preserve a friendly environment for all visitors and as a condition to participate and post messages, we ask that you follow the following guidelines:

    1. You are solely responsible for the content of your postings and can be held responsible for violations of the law. Do not post content that violates the copyright, trademark, patent or intellectual property rights of others. Do not post threatening, abusive, libelous, defamatory, obscene, vulgar, hateful pornographic, profane or indecent information of any kind.
    2. You may not impersonate any person or misrepresent your affiliation with a person or entity.
    3. We do not control who reads postings. Therefore, we recommend that you do not post telephone numbers, addresses or other personal information about yourself or others.
    4. Our posting system is not for commercial use. Do not post advertisements or commercial messages.
    5. Though we may attempt to keep objectionable material off our site, we do not moderate and cannot review every message posted. We are not responsible for the content of messages.
    6. We reserve the right to delete, move or edit postings that we deem (in our sole judgment) to be inappropriate or unacceptable for any reason.
    7. Posting privileges may be revoked for violations of posting rules.

      Anything you publically post becomes the property of LegisWeb. By posting your message, you expressly grant us an irrevocable license to reprint, sell, or re-use your posting, in any form or format, on a royalty-free irrevocable basis.

  6. CONTRIBUTIONS TO LEGISWEB
    By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to LegisWeb through its feedback webpage, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) LegisWeb is not under any obligation of confidentiality with respect to the Contributions; (c) LegisWeb shall be entitled to use or disclose such Contributions for any purpose; (d) LegisWeb may have something similar to the Contributions already under consideration or in development; and (e) your Contributions automatically become the property of LegisWeb without any obligation or compensation from LegisWeb to you.

  7. NO RESALE OF SERVICE
    You agree not to sell, trade, exploit for any commercial purposes, any portion of the Service or use of the Service.

  8. MODIFICATIONS TO SERVICE
    LegisWeb reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice. You agree that LegisWeb shall not be liable to you or to any third party for any modification of the Service.

  9. TERMINATION
    You agree that LegisWeb may, under certain circumstances and without prior notice, immediately terminate your LegisWeb account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) engagement by you in fraudulent or illegal activities, and/or (d) nonpayment of any fees owed by you in connection with the Services.

  10. LINKS
    The Service may provide links to other World Wide Web sites or resources. Because LegisWeb has no control over such sites and resources, you acknowledge and agree that LegisWeb is not responsible for such external sites or resources.

  11. LEGISWEB'S PROPRIETARY RIGHTS
    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information. Except as expressly authorized by LegisWeb, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works, or reverse engineer  the Service or the Software, in whole or in part.

  12. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XCENTIAL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. LEGISWEB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEGISWEB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  13. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEGISWEB AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 LEGISWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  14. TRADEMARK INFORMATION
    LegisWeb, the LegisWeb logo, and other LegisWeb logos and product and service names are trademarks of Xcential Group, LLC. Without  Xcential’s prior permission, you agree not to display or use in any manner the LegisWeb Marks.



Privacy Policy


Overview

LegisWeb is committed to respecting the privacy of our users. We strive to provide a safe, secure user experience.

Collection of Information by LegisWeb
When you register with LegisWeb, we request that you provide personal information, such as name and address from which your identity is discernible. In other areas of the website, we may collect demographic information that is not unique to you such as your ZIP code and interests.

We also may gather certain information about your use of LegisWeb, such as what services and information you access. Moreover, there is information about your computer hardware and software, such as IP address, that may be collected by us.

We may offer you capabilities to make private comments on bills or to propose bills or propose amendments to bills.  These private comment and proposals will be private those that you allow access to this information, such as other people on your staff or in your organization.  Public comments have a different privacy policy.  Please see the public comments section below.

LegisWeb contains links to other Web sites, such as news, over which we have no control. We are not responsible for the privacy policies or practices of other Web sites to which you choose to link from our site.

Our Use of Your Information
We use the information we gather on LegisWeb for the purpose of operating and improving LegisWeb, fostering a positive user experience, and delivering the products and services that we offer.

If you have provided consent for us to do so, we may also use the information we gather to inform you of other products or services available from us or our affiliated companies.

We may use your contact information to send you e-mail or other communications regarding updates at LegisWeb, or to contact you about your opinion of our products and services. We may also provide additional communications and information on new LegisWeb opportunities that may be of interest to you.

There are areas of the LegisWeb site where you can submit feedback to us. Any feedback you submit in these areas becomes our property, and we may use this feedback (such as success stories) anonymously for marketing purposes or to contact you for further information.

Choices Regarding the Disclosure of Personal Information to Others
We do not disclose your personal information to third parties, or your combined personal and demographic information or information about your use of LegisWeb, except as set forth below.

  1. We disclose information to third parties if you consent to such disclosure. We use data we have about you to determine whether you might be interested in a particular third-party.
  2. We disclose information to companies and individuals we employ to perform operational functions, such as payment processing, on our behalf.
  3. We disclose information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
  4. We disclose and transfer information to a third party who acquires all or a substantial portion of our business. In addition, in the event we become the subject of a bankruptcy proceeding, we or our trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court.

Other Uses of Information
We may share aggregated anonymous information about visitors to LegisWeb such as volume of traffic with other users and with third parties.

We may supply technology, hosting and related services to other companies to power legislative information areas on their Web sites (sometimes referred to as "Hosted Sites"). Personal and/or demographic information supplied by you in Hosted Sites is accessible by both the hosted company and LegisWeb. The use of your information by the hosted company is subject to the privacy policy of that company, and is not the responsibility of LegisWeb.

Posting to Public Areas of LegisWeb
If you post in the public areas of LegisWeb, such as a public comment area, the post becomes public information and may be collected and used by others over whom we have no control. LegisWeb may also collect this information and use it without restriction.

Access to and Modification of Your Information

You may review, correct, update or change your LegisWeb account information at any time. From your LegisWeb account you may also opt out of receiving newsletters and certain other information from LegisWeb.

We retain indefinitely all the information we gather about you in an effort to make your repeat use of LegisWeb more efficient, practical, and relevant. Of course, you can delete or close your LegisWeb account at any time, in which event we will remove your LegisWeb account information, except for an archival copy which is not accessible on the Internet.

Security of the Personal Information

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.

When you place an order online at LegisWeb, your credit card information is protected through the use of encryption, such as the Secure Socket Layer ("SSL") protocol. SSL makes it difficult for your credit card information to be intercepted or stolen while being transmitted. We use a service company to process its credit card transactions. For further information on this company's privacy and security practices, please click here.

Changes to Privacy Statement

If we decide to materially change the Privacy Statement for LegisWeb, we will post a prominent notice on the web site.

Contact Information
If at any time, you have questions or concerns about this Privacy Statement, please feel free to email us at support@legisweb.com. We will use commercially reasonable efforts to promptly answer your question.

LegisWeb is owned and operated by Xcential Group, LLC, a California company with its principal place of business at 841 Second Street, Encinitas, CA, 92024.

Update effective September 9, 2007.

 

© 2007-2008, Xcential Group, LLC.