DBASTORE

AN ONLINE SERVICE BY

General
This User Agreement governs the use of this Web site, and any other Web site owned or operated by Daily Journal Corporation (“Daily Journal”). The Daily Journal reserves the right to add, remove or modify portions of these terms at any time. By accessing the Web sites after Daily Journal posts changes to the User Agreement, you agree to be bound by all of the changes made through such date. Updates to this User Agreement can be viewed by selecting the “User Agreement” link.

Copyright
All text, images, icons, and photographs available on the Daily Journal Web site or sent to a user by Daily Journal via an e-mail subscription service, are defined as “Licensed Information”. The Licensed Information is the property of Daily Journal or its licensors and is protected by copyright, trademark and other intellectual property laws. Licensed Information received through this Web site or any other Daily Journal Web site may be displayed, reformatted and printed for your personal, non-commercial use only.
You agree not to reproduce, transmit, distribute, display, sell, store, archive 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 Daily Journal. The one exception is that the Daily Journal allows the results of various searches to be sent via e-mail to a single e-mail address and a single individual, provided the copyright and other proprietary notices are kept intact.

The use of any Daily Journal Web site material on any other Web site or networked computer environment is prohibited.

Disclaimer of Warranties and Liabilities
ALL LICENSED INFORMATION AND OTHER MATERIAL ON THE DAILY JOURNAL WEB SITES (INCLUDING WITHOUT LIMITATION LEGISLATION AND CASE REPORTS) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. DAILY JOURNAL, ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY LICENSED INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF.
DAILY JOURNAL, ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, OR DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU IN RELIANCE ON SUCH CONTENT.

THE INFORMATION CONTAINED AT THE DAILY JOURNAL WEB SITES IS NOT INTENDED TO PROVIDE LEGAL ADVICE. YOUR ACCESS OF THE SERVICES, INCLUDING DOCUMENTS ORDERED FROM THE DAILY JOURNAL WEB SITES, DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE IS ASSUMED BY THE USER OF THE LICENSED INFORMATION. THE LICENSED INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE, AND DAILY JOURNAL UNDERTAKES NO DUTY OR RESPONSIBILITY TO UPDATE LICENSED INFORMATION OR TO NOTIFY USERS OF ANY CHANGES TO LICENSED INFORMATION.

DAILY JOURNAL WEB SITES INCLUDE FACTS, VIEWS, OPINIONS AND RECOMMENDATIONS OF INDIVIDUALS AND ORGANIZATIONS DEEMED OF INTEREST. DAILY JOURNAL AND ITS CONTENT LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, OR OTHERWISE ENDORSE, THESE FACTS, VIEWS, OPINIONS OR RECOMMENDATIONS.

DAILY JOURNAL DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SERVICE IS FREE OF ERRORS OR VIRUSES, WORMS OR “TROJAN HORSES” AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. DUE TO THE INHERENT NATURE OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS AND OMISSIONS IN THE SERVICE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF DAILY JOURNAL, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, EXPENSES, FEES OR OTHER LIABILITIES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICE OR THE LICENSED INFORMATION OR OTHER MATERIAL SHALL NOT EXCEED THE AMOUNT YOU PAID TO DAILY JOURNAL FOR THE USE OF THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM(S).

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all action contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. [This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.]

Privacy Policy

The Daily Journal Web sites collect information from users during the order entry process. This information includes names, residence street address, business address, telephone number, email address and credit card information. This information is used to create your fictitious business name form, notice for publication and payment. As required by California law, the information on your fictitious business name form is included in the notice that is published in the newspaper. This includes your residence street address. We do not otherwise disclose to third parties any personal information.

We do send users of DBAstore.com email notifications of the order status from receipt through publishing the notice. We reserve the right to contact any user at any time regarding questions about an order.

Links

To the extent that the Daily Journal Web site links to other Web services and resources, Daily Journal does not control the availability and content of those outside services and resources. Nor does the Daily Journal endorse any external site to which it links. Daily Journal is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service.

Daily Journal does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

Credit Card Refund Policy

To claim a credit-card refund, all disputed items or cancellations must be brought to the attention of the Daily Journal Customer Service Department (Tel:1-888-271-7099) within 30 days of payment. All refunds are subject to a $10 cancellation fee.

Refunds will be credited back to the card initially charged, as follows:
1. DBA statement has not been filed with the County Clerk/Recorder and has not been published – Amount paid less cancellation fee.
2. DBA statement has been filed with the County Clerk/Recorder but not published – Amount of publication price less cancellation fee. No refund of County’s filing fee.
3. Notice has begun publication and publication price is more than $20 – 25% of publication cost less cancellation fee if notice is cancelled prior to second publication.
4. Notice has been published more than two times or has been published and price is $20 or less – No refunds.

Termination

Daily Journal reserves the right to terminate this Agreement at any time for any reason, including, but not limited to, your failure to timely pay all fees and charges incurred in connection with your order or any other breach by you of this Agreement. Termination may be by mail, e-mail notification, or by blocking further access.

Entire Agreement
This Agreement as it may be amended from time to time (including any other terms and conditions of service posted elsewhere on a Daily Journal Web site, and to which you agree), constitutes the entire agreement between you and Daily Journal and governs your use of the Service.

Last updated April 11, 2006