Journal Cloud - Terms of Service
Last updated: May 29, 2019
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OR ANY ADDITIONAL TERMS AND CONDITIONS ON THIS WEBSITE, THEN PLEASE DO NOT USE THIS WEBSITE.
PLEASE READ THE SECTION ENTITLED “ARBITRATION AND WAIVER OF RIGHTS” WITH PARTICULAR CARE. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE YOUR CLAIMS TRIED BY A JURY, TO OBTAIN DISCOVERY, OR TO BRING AND/OR BE PART OF A CLASS ACTION LAWSUIT.
WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANY USER FOR ANY REASON, INCLUDING AS WE SEE NECESSARY TO PROTECT OUR SYSTEMS AND OTHER USERS.
THE SERVICES, CONTENT, AND/OR PRODUCTS ON OUR WEBSITES ARE PROVIDED “AS-IS” AND WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES AND/OR THEIR PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THESE TERMS. IN NO EVENT SHALL JOURNAL TECH OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITES AND/OR THE PRODUCTS, SERVICES, AND/OR CONTENT, OR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Device and Usage Information
We may also collect information about your navigation or use of the websites, including the pages that you visit and the devices and browsing software that you use. In particular, we collect and store in log files IP addresses, browser types, internet service providers, referring/exit pages, operating systems, date/time stamps, and clickstream data (e.g., the pages that you viewed on our site in the order that you viewed them). We use this information to, for example, improve the navigability of the websites, to analyze trends, to administer the websites, to learn about users’ movements around the websites, to determine which stories are of interest to our users, and to gather demographic information about our user base as a whole.
Practices Regarding The Sharing Of Information With Third Parties
We employ third-party service providers to perform functions on our behalf, such as payment processing and may share personally identifiable information with these providers in order to perform those functions. For example, to process payment transactions, we must share your personally identifiable information with third parties who process credit card or debit card payments. The third-party service providers that we employ may have their own privacy policies.
We may from time to time share aggregated demographic information about our user base with our partners, advertisers, and others. Aggregated demographic information includes statistical information such as the total number of people who visit our site, what web pages visitors view, the number of people from different geographic areas who visit our site, and similar aggregated information. We do not identify individual users in connection with providing such aggregated demographic information.
We reserve the right to disclose information, including your personally identifiable information, (i) as required by law, (ii) when we believe that disclosure is necessary or desirable to protect our rights or (iii) when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or any other legal process.
Communication With You
If you have registered, purchased products or services, subscribed (online or offline), or contacted us, we will occasionally provide you information regarding events, promotions and other matters of interest to our visitors, including programs conducted by our affiliates. Additionally, our application or service may also provide notifications that you can opt into such as transaction receipts, reminders of upcoming payments and updates to cases.
If you contact us, we may communicate with you by any means available in response to your inquiries, to provide the services you request, and to manage your account. We use the information collected for internal Quality Assurance and Training purposes only. Records are preserved for a period of three (3) months at which time they may be aggregated with no personally identifiable information.
Access To Your Information And Changes To Your Information
If you would like to review and/or correct any personally identifiable information for you that we have on file, please contact email@example.com. We reserve the right to take steps to verify identity before providing access to or correcting any personally identifiable information.
Choice and Opt-out
If you no longer wish to receive certain direct email communications from us, you may opt out of receiving such communications by following the instructions included in those email communications.
If you have connected with us through social media channels (such as Facebook) and you wish to stop receiving communications from us through that social media channel, you may use the “unsubscribe” or similar function to stop receiving our updates within that social media channel.
You may choose not to accept cookies or to receive notifications before receiving cookies through the settings in your Web browser. On most browsers, the “Help” feature will provide instructions on how to prevent new cookies, how to receive notifications when you receive a new cookie, and how to disable cookies altogether. Disabling or blocking cookies will impact the usability of our websites.
Content Provided by Others
Some pages on the websites may include services that allow the viewing of content provided by other visitors and the sharing of such content, such as comments to blog posts and discussions in forums. If these services exist, then they are subject to terms of service which further describe your rights and responsibilities with respect to such services. Personal information that you share in comments or forums on the websites may be made available to others and may be used in unexpected ways. You submit personal information that you share in comments or forums on the websites at your own risk. We may access and use such information consistent with these Terms.
Journal Tech has in place technologies that are intended to help reduce the likelihood of unauthorized access and to help improve data security. However, no method of transmission over the Internet or method of electronic storage is 100% secure and the security of information transmitted through the Internet or stored on our servers or systems or those of third parties who assist us in providing services can never be guaranteed.
Journal Tech does not warrant that there will not be unauthorized access or use of your personally identifiable information. By accessing any of the websites or by providing us with your personally identifiable information, you acknowledge and agree that Journal Tech shall not be liable for any such unauthorized access or use. If you do not agree, you should not use any of the websites.
Users of the websites are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of the websites.
In order to protect you and your data, we may suspend your use of any of the websites, without notice, pending an investigation, if any breach of security is suspected.
Access to and use of password protected and/or secure areas of any of the websites are restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
In the event Journal Tech or any of its subsidiaries or affiliates goes through a business transaction, such as a merger with another entity or transfer of all or a portion of its assets, any personally identifiable information you submit, as well as any information you provide through the use of community features, will likely be among the assets transferred. You will be notified via prominent notice on our website for 30 days following the transaction of any such change in ownership or control of your personal information.
Links to Other Sites
The websites may contain links to other sites that are not owned or controlled by Journal Tech. Please be aware that we are not responsible for the terms and conditions or privacy practices of such other sites. Journal Tech provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site.
How We Respond To Do Not Track Signals
Like many other websites, the websites are not configured to respond to “Do Not Track” signals or other similar mechanisms. At present, the websites do not track customers over time and across third party websites to provide targeted advertising. Currently, third parties do not use the websites to collect personally identifiable information about your online activities over time and across third party websites when you use the websites.
If you are located outside of the United States, please understand that any personally identifiable information that you provide or that we collect through your use of the websites will be processed based on the data sovereignty requirements of the JTI client for whom the website is deployed. For instance, a website deployed for a government agency in Australia processes personally identifiable information according to the Australian Privacy Principles (APPs).
If the JTI client resides in a country without formal data sovereignty requirements, personally identifiable information will be processed and stored in the United States. If you do not consent to your information being processed and stored in the United States, you may not use the websites. In using the websites, you understand that the United States may provide a less comprehensive or lower standard of protection than the protections afforded by your country’s laws.
Children. No Journal Tech site or service is directed to children under 13. We do not knowingly collect personal information from anyone under 13 years of age. If we determine that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian’s consent.
Third Party Documents
Many Journal Tech services involve the uploading and downloading of legal documents. Various categories of third-party persons or entities may choose to upload or download certain legal documents while using Journal Tech’s services. Journal Tech does not control what users decide to upload or download while using its services, but it is possible that such uploaded or downloaded documents may contain the following personally identifiable information about individuals: first and last name, home address or other physical address, e-mail address, telephone number, social security number, or any other number of identifiers that could permit the physical or online contacting of such individual. Journal Tech does not control certain websites that host Journal Tech’s services but that are owned by certain third parties (e.g., certain court websites). Journal Tech does not control what such website owners do with the information uploaded and downloaded on their websites.
Journal Tech services never analyze the content of documents uploaded or downloaded by users for the purposes of collecting or aggregating third party information. Document retention policies are defined by the statutory requirements of the government agency that the service or application serves. Legal documents managed by a Journal Tech application or service resides in Amazon Web Services GovCloud, an isolated Amazon Web Services region that complies with FedRAMP, CJIS, NIST, and other regulatory standards.
2. Ownership; Reservation of Rights
All text, images, icons, and photographs available on the websites are defined as “Licensed Information”. The Licensed Information is the property of Journal Tech or third parties (e.g., the applicable court) and is protected by copyright, trademark and other intellectual property laws. Licensed Information that you receive through the websites may be displayed and printed for personal, non-commercial use only, provided the copyright and other proprietary notices are kept intact. You agree not to reproduce, transmit, distribute, display, sell or publish any Licensed Information to anyone, including but not limited to others in the same company, firm or organization, without the express prior written consent of Journal Tech. You may not create derivative works, or in any way commercially exploit, any of the Licensed Information, in whole or in part.
You acknowledge that any suggestions, comments, or other feedback that you provide to Journal Tech with respect to the Site, the Services, or any other Journal Tech product or service (collectively, “Feedback”) will be owned by Journal Tech, including all Intellectual Property Rights therein, and will be and become Journal Tech’s information.
You acknowledge and agree that any Journal Tech names, trademarks, service marks, logos, trade dress, or other branding included on the Site or as part of the Services (collectively, the “Marks”) are owned by Journal Tech and may not be copied, imitated, or used (in whole or in part) without Journal Tech’s prior written consent. All other trademarks, names, or logos referenced on the Site or the Services (collectively, “Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inure to the benefit of their respective owners. The use of such Third-Party Trademarks is intended to denote interoperability, and does not constitute an affiliation by Journal Tech or its licensors with any company or an endorsement or approval by that company of Journal Tech, its licensors, or their respective products or services.
3. Governing Law
These Terms, your rights and obligations, and all actions arising out of or related to these Terms, shall be governed by the laws of the United States of America and the State of California, as if the Terms were wholly entered into and wholly performed within the State of California. Notwithstanding the provision in the preceding sentence with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of the arbitration provisions described below.
Arbitration and Waiver Of Rights
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE YOUR CLAIMS TRIED BY A JURY, TO OBTAIN DISCOVERY, OR TO BRING OR BE PART OF A CLASS ACTION LAWSUIT.
In the event of any dispute, claim, or controversy arising out of, related to, or in connection with the websites or these Terms (a “Claim”), including the determination of the scope or applicability of this agreement to arbitrate, shall be determined in Los Angeles, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Journal Tech and you understand that, absent the mandatory arbitration provision in this section, Journal Tech and/or you would have the right to sue in court and to have a jury trial and that the right to discovery may be more limited in arbitration than it is in court. Journal Tech and you hereby waive such rights to sue in court, to a trial by jury, or to the discovery that would be available in court.
Journal Tech and you agree that Journal Tech and you will resolve any Claim on an individual basis and not on a class action, consolidated, or representative basis (“Class Action”). Journal Tech and you further agree that Journal Tech and you shall not participate in such a Class Action brought by any third party. You understand that you are hereby waiving your right to bring or participate in a Class Action related to any Claim.
You agree, at your sole expense, to defend, indemnify and hold Journal Tech (and its directors, officers, employees, representatives, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to (i) your use of the Site or the Services and (ii) any actual or alleged breach of any of your obligations under these Terms (including, among other things, any actual or alleged breach of any of your representations or warranties as set forth herein). You will not settle any such claim in any manner that would require Journal Tech to pay money or admit wrongdoing of any kind without our prior written consent, which we may withhold in our sole discretion.
4. Limitation of Liability
IN NO EVENT WILL JOURNAL TECH’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO JOURNAL TECH IN FEES FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
IN NO EVENT WILL JOURNAL TECH BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR YOUR USE (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
5. Term, Termination and Effect of Termination
These Terms will apply to you starting on the Effective Date, and will continue for as long as you are accessing or using the Site or the Services.
Journal Tech, in its sole discretion, has the right to suspend your ability to use and/or access the Site or the Services, without liability, under the following circumstances: (i) for scheduled or emergency maintenance to the Site or the Services, or any part thereof; (ii) if Journal Tech believes that you are using the Site or the Services in violation of these Terms or applicable law; (iii) if Journal Tech believes that your use of the Site or the Services poses a security risk to us or to any third party; (iv) if required by law enforcement or government agency, or otherwise in order to comply with applicable law or regulation; or (v) if you fail to fulfill your payment obligations hereunder. Journal Tech also reserves the right to temporarily or permanently suspend your ability to access the Services, without liability, if Journal Tech determines, in its sole discretion, that you are engaging in abusive or excessively frequent use of the Services.
We can terminate any free Plan that you have subscribed to, at any time and for any reason, without notice or liability to you. We can terminate any paid Plan that you have subscribed to, for any reason and without liability, by providing notice to you that we intend to terminate your Plan at the end of the then-current Contract Period.
When these Terms terminate or expire: (i) you will no longer have the right to use or access the Site or the Services as of the date of termination/expiration; and (ii) if you owed us any fees prior to such termination/expiration, you will pay those fees immediately.
Subject to Change
Journal Tech may revise these Terms at any time. Your continued use of one or more of the websites after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions. You should periodically visit this page to review the latest version of the Terms.
Process For Notifying You Of Material Changes
Journal Tech will notify you of material changes to these Terms by including a statement on the homepage of each of the websites indicating that the Terms have changed and by providing a link to those revised Terms.
6. Contact Us
If you have any questions or concerns about our Terms, please contact us at:
949 E 2nd St,
Los Angeles, CA 90012