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TERMS AND CONDITIONS OF USE THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION 1. USER AGREEMENT Justice Initiatives, Inc. ("JI") maintains the Scheduling Module (the "Module") of its website for the benefit of the citizens of North Carolina's 26th Judicial District. Each user ("User") of the Module by his or her use of the Module agrees to these Terms and Conditions of Use ("Terms and Conditions"). These Terms and Conditions constitute legally binding contractual obligations. 2. ONLY LICENSED ATTORNEYS IN GOOD STANDING OR THEIR AUTHORIZED DESIGNEES MAY USE THE MODULE. To obtain a registration identification and password for the Module, a User must be (i) a duly licensed attorney in good standing, licensed to practice law in the State of North Carolina; or (ii) a duly licensed attorney in good standing who has been admitted pro hac vice in matters currently pending before the Courts of the 26th Judicial District. By requesting a registration identification and password for the Module, a User represents, warrants, certifies, swears and affirms that he or she meets the foregoing requirements. Persons who do not meet these requirements may use the Module under the direction and supervision of registered Users who meet these requirements. JI may request additional information from any User in order to verify that a User meets the registration requirements set forth herein. Only one registration identification may be obtained by a User. 3. ACKNOWLEDGMENT THAT JI MAKES NO WARRANTY REGARDING THE ACCURACY OF THE INFORMATION PUBLISHED IN THE MODULE. Each User agrees and acknowledges that JI provides the Module for the benefit of the citizens of North Carolina's 26th Judicial District, and makes no representation or warranty concerning the accuracy, validity, or veracity of any information published on the Module. By providing the Module, JI has merely created a forum for Users to publish and exchange updated information about the status of cases pending before the Court. Information derived from Court calendars may be provided to the Module in error and is subject to change by the Court. Additionally, User-published information may be inaccurate and outdated. Accordingly, each User specifically agrees that to the extent he/she relies on information published on the Module, he/she does so at his/her own peril. 4. INFORMATION FOR USE OF USERS; NO DISTRIBUTION, LICENSE, OR TRANSFER PERMITTED. JI makes available through the Module certain calendar information from North Carolina's 26th Judicial District. All such calendars and information are provided on a non-exclusive license basis for each User's use without any right to re-license, sublicense, distribute, assign or transfer such information. 5. NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP. Information contained on or made available through the Module is not intended to and does not constitute legal advice, counsel, or recommendations. No attorney-client relationship is formed through the use of the Module by a User. 6. LINKING TO THE MODULE. Persons may provide electronic links to the Module, provided that (a) no person through such link removes or obscures, by framing or otherwise, advertisements or other notices on the Module, (b) such linked site does not engage in illegal or pornographic activities, and (c) such person agrees to discontinue such link to the Module immediately upon JI's request. 7. USER INDEMNITY Each User agrees to defend, indemnify and hold harmless JI, its officers, managers, agents, directors, members, affiliates, employees and content providers and each other person, company or firm that has engaged JI to develop, operate, maintain or host the Module from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to the User's use of the Module. FOR THE SAKE OF CLARITY, EACH USER AGREES TO BE RESPONSIBLE AND INDEMNIFY JI FOR ANY ACTION ARISING OUT OF OR RELATING TO THE USER'S USE OF THE MODULE. 8. DISCLAIMER OF WARRANTY; NO GUARANTEE; LIMITATION OF LIABILITY THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF JI, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT JI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER. EACH USER AGREES THAT USE OF THE SITE IS ENTIRELY AT THE RISK OF EACH USER. THE MODULE IS PROVIDED "AS IS," AND "AS AVAILABLE" FOR THE PERSONAL USE ONLY OF EACH USER WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR UNINTERRUPTED ACCESS TO THE MODULE. JI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS. JI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MODULE. 9. CHOICE OF LAW AND CONSENT TO JURISDICTION. These Terms and Conditions will be governed and construed in accordance with the laws of the state of North Carolina applicable to agreements made and wholly performed in that state without regard to the choice of law provisions thereof. Any lawsuit or other proceeding relating to or arising from these Terms and Conditions shall be brought in the state or federal courts of Mecklenburg County, North Carolina and such courts shall have sole and exclusive jurisdiction over any such proceeding.
I agree with the above terms.