1. ACCEPTANCE OF TERMS
Welcome to kcdailyrecord.com - the Jackson County legal community's Internet destination for court news, information and public notice. This terms and conditions agreement ("Agreement") is a legal agreement between you ("User") and The Daily Record., and its parent company, Dolan Media ("Daily Record"). The most current version of this Agreement can be referenced at any time at the following address: http://www.kcdailyrecord.com/contact.
This Agreement governs the use of all services and features on the kcdailyrecord.com website, unless otherwise specified, and may be changed and/or augmented -without notice- to the User at any time. Use of any services or features on kcdailyrecord.com, shall constitute User's acceptance of the terms and conditions provided in this Agreement.

2. DESCRIPTION OF SERVICE
kcdailyrecord.com is the online cousin of The Daily Record, Jackson County’s premier legal newspaper, and provides a robust offering of editorial content, business leads, legal and business analysis, classified advertising, e-mail services, as well as links to legal and law-related resources on the World Wide Web. Unless otherwise specified in another document, the addition of new services to kcdailyrecord.com will be governed by this Agreement. You agree that the services provided are "AS-IS" and that Daily Record assumes no responsibility for the timeliness, deletion of data/content, failure to store any and all user communications and customized settings required to access certain areas of the site.
To use kcdailyrecord.com the User must have access to the World Wide Web either through an Internet Service Provider (ISP) or equivalent online service or telecommunications provider. Service fees and hardware and software required to connect to the World Wide Web are the sole responsibility of the User. User agrees not to hold Daily Record liable for service, hardware and software failures of third party vendors that advertise on kcdailyrecord.com.

3. REGISTRATION OBLIGATIONS
To access certain portions of this web site, a User must register with Daily Record. Upon completion of the registration process, User will be provided with a designated account and password. User agrees to: (a) provide truthful and accurate information during all registration processes or when prompted to submit personal information through a form or e-mail request from authorized kcdailyrecord.com staff; and (b) maintain any submitted data to ensure its currency, accuracy and truthfulness. If User provides any information that is untrue, inaccurate or incomplete, Daily Record reserves the right to terminate User's account and suspend User's use of any and all services offered through kcdailyrecord.com.

4. DAILY RECORD PRIVACY POLICY
Daily Record takes the issue of Internet privacy very seriously. To that end, we have developed a comprehensive privacy policy governing the submission of sensitive personal information, including, but not limited to, credit card data. To review the full policy, please visit: http://www.kcdailyrecord.com/privacy

5. USER POSTED CONTENT
For purposes of this Agreement, "user posted content" is text, data, software, music, sound, photographs, videos and/or other communications generated and placed on kcdailyrecord.com or its offered online services through technologies and programs used on the site. These include our classified advertising area and open/closed e-mail list services. Be aware that any content and/or communications that User posts to the site or broadcasts to others through open/closed e-mail list services, immediately become the sole property of Daily Record and User grants a royalty free, perpetual, irrevocable. non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, distribute, perform and display such content and/or communications (in whole or part) worldwide and/or to incorporate it into other works in any form, media or technology now known or later developed.
User further agrees that all content posted/communicated/transmitted to kcdailyrecord.com or through its services is entirely User's responsibility. Under no circumstances will Daily Record be held liable in any way for any content posted for public consumption by an end User, nor will the companies be held responsible for any errors, omissions, misstatements, slander, defamation or for any loss or damage resulting from the posting of public content to kcdailyrecord.com or through its transmission via offered services, including, but not limited to, e-mail lists.

6. USER CONDUCT
a. User agrees to comply with all applicable laws, rules, regulations, ordinances, decrees or orders of the United States or any state, local, foreign or Internet governing body or agency with regard to the transmission of technical data over this web site;
b. User agrees not to interfere with the use and enjoyment of this web site by other Users;
c. User agrees not to upload, post or otherwise transmit any information that User does not have a legal right to transmit under any law or under contractual or fiduciary relationships, including but not limited to, proprietary or confidential information or information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d. User agrees not to interfere with or disrupt the web site or servers or networks connected to the web site, or disobey any requirements, procedures, policies or regulations of networks connected to the web site;
e. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the web site, user of the web site or access to the web site; and
f. User acknowledges that Daily Record does not prescreen information posted to its web site, but that it shall have the right (but not the obligation) in its sole discretion to refuse or remove any information that is posted to the web site.

7. NO RESALE OF SERVICE/CONTENT
User agrees not to produce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of kcdailyrecord.com, use of or access to kcdailyrecord.com and/or any of its services.

8. MODIFICATIONS TO SERVICE
Daily Record reserves the right to modify or augment, suspend, discontinue (temporarily or permanently) any and all services offered through or in association with kcdailyrecord.com. User agrees that Daily Record will not be held liable to User or any third party for any modification, suspension or discontinuance of kcdailyrecord.com or its services.

9. TERMINATION
User agrees that Daily Record, at its sole discretion, may suspend or terminate User's username, password, account and/or subscription/participation in any service on kcdailyrecord.com at any given time without warning for violation of this Agreement, including but not limited to (a) if User is delinquent in paying the agreed upon subscription fees; or (b) if User has not actively used his or her account for an extended period of time.

10. PARTICIPATION IN THE PROMOTIONS OF ADVERTISERS
User's correspondence with or participation in the promotions of advertisers found on this web site, including the delivery of and payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the advertiser. User agrees not to hold Daily Record liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this web site.

11. INDEMNIFICATION
User, at its own expense, further agrees to indemnify, defend and hold harmless Daily Record, its parent, subsidiaries, affiliates, agents, partners, licensees, and employees from any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with or arising from any claim, suit, action or proceeding arising out of this Agreement or in connection with of use of kcdailyrecord.com and its services.

12. DAILY RECORD'S PROPRIETARY RIGHTS
All material contained within this web site is copyrighted except where explicitly noted otherwise. © 2003 The Daily Record. All rights reserved.
All registered and/or unregistered trademark and/or service marks used or referred to in this web site are the property of Daily Record and/or its respective owners, unless otherwise noted.
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this web site, in sponsor advertisements or in other information presented to User ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted only to use this Content as expressly authorized by this Agreement and may not copy, reproduce, distribute or create derivative works from this Content without express authorization.

13. DISCLAIMER AND WARRANTIES
Daily Record makes no warranty that this web site will meet User's requirements, or that it will be uninterrupted, timely, secure, or error free; nor does Daily Record make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through kcdailyrecord.com. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DAILY RECORD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS, EVEN IF DAILY RECORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT DAILY RECORD SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF DAILY RECORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. LINKS TO THIRD PARTY SITES
Daily Record provides Users with links to other web sites. These third party sites are not under the control of Daily Record and User acknowledges that Daily Record is not responsible or liable for any content, advertising, products or other materials available from such third party sites.

16. COPYRIGHT AGENT
Please report Notice of claims of copyright infringement on the kcdailyrecord.com web site to Daily Record's Copyright Agent, as follows:
The Daily Record
c/o Director of Internet Services
405 E. 13th St.
Suite 101
Kansas City, MO 64106
By email: Copyright

17.MISCELLANEOUS
a. Entire Agreement
This Agreement sets forth the entire understanding between the parties and supersedes prior agreements, communications, and representations between the parties regarding the subject matter contained herein.

b. Applicable Laws
This Agreement and the relationship between User and Daily Record shall be governed by and construed in accordance with the laws of the State of Missouri without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement shall be resolved in a Missouri court. User agrees to submit to the personal and exclusive jurisdiction of the courts located in the State of Missouri. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.

c. Notices
All written or electronic notices between the parties shall be deemed to have been given if personally delivered, sent by overnight courier or certified mail return-receipt requested, or transmitted by electronic mail via the Internet (with a copy sent by certified mail return-receipt requested) to the following address:
The Daily Record
405 E. 13th St.
Suite 101
Kansas City, MO 64106
By e-mail: Webmaster
All notices shall be deemed to have been duly given on the date of receipt (or, if delivery is refused, the date of such refusal).

d. Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

e. Headings
The headings contained herein have been inserted as a matter of convenience for reference only and shall not control or affect the meaning or construction of any of the terms or provisions herein.

f. Reservation of Rights
Any rights not expressly granted herein are reserved.

18. VIOLATIONS OF TERMS AND CONDITIONS OF USE
Please report any violations of this Agreement to:
The Daily Record
c/o Director of Internet Services
405 E. 13th St.
Suite 101
Kansas City, MO 64106
By e-mail: Webmaster