Disclaimer

Disclaimer

 

Disclaimer

For purposes of all the following, the Office of the Public Defender includes, but is not limited to, the State of California and the Director of the Office of the Public Defender. The Office of the Public Defender Internet Site includes, but is not limited to, all databases, search engines, and programs associated with the Internet site.

Disclaimer of Liability

Neither the Office of the Public Defender, the Office of the Public Defender Internet Site nor its contributors shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall the Office of the Public Defender, the Office of the Public Defender’ Internet Site or its contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to: procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise), or any other theory arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, whether based on alleged breach of contract, tortuous behavior, negligence or any other cause of action, including but not limited to damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, and/or theft, destruction or unauthorized access to, alteration of, or use of any record.

Indemnification

User agrees to defend, indemnify, and hold harmless, the Office of the Public Defender, the Office of the Public Defender Internet Site, its contributors, any entity jointly created by them, their respective affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the on-line service by user or user’s account.

Disclaimer of Warranties/Accuracy and Use of Data/Computer Viruses

Although the data found using the Office of the Public Defender’ Internet Site access systems have been produced and processed from sources believed to be reliable, no warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. The Office of the Public Defender and the Office of the Public Defender Internet Site provide this information on an “as is” basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are disclaimed. Changes may be periodically added to the information herein; these changes may or may not be incorporated in any new version of the publication. If the user has obtained information from the Office of the Public Defender Internet Site from a source other than the Office of the Public Defender Internet Site, the user should be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. If is recommended that the user pay careful attention to the contents of any metadata associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If the user finds any errors or omission, the Office of the Public Defender encourages the user to report them to the Office of the Public Defender Internet Site webmaster

Disclaimer of Endorsement

The Office of the Public Defender and the Office of the Public Defender Internet Site are distributors of content sometimes supplied by third parties and users. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Office of the Public Defender.

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the Office of the Public Defender or the Office of the Public Defender Internet Site, and such reference shall not be used for advertising or product endorsement purposes.

Disclaimer for Hypertext Link

Neither the Office of the Public Defender, the Office of the Public Defender Internet Site nor its contributors is responsible for the contents of any off-site pages referenced. The user specifically acknowledges that neither the Office of the Public Defender, the Office of the Public Defender Internet Site nor its contributors is liable for the defamatory, offensive, misleading or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user.

Links from the Office of the Public Defender Internet Site on the World Wide Web to other sites, or from other sites to the Office of the Public Defender Internet Site, do not constitute an endorsement by the Office of the Public Defender. These links are for convenience only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites.

Disclaimer of Duty to Continue Provision of the Data

Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restrict access the next, and the location of items may change as menus, homepages, and files are reorganized. User expressly agrees that use of The Office of the Public Defender Internet Site is at the user’s sole risk. Neither the Office of the Public Defender, the Office of the Public Defender Internet Site, any entity jointly created by them, any of their affiliates, or any of their respective directors, officers, employees, agents, third party content providers or licensers warrants that the service will be uninterrupted or error free.

Choice of Law

Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of California.

Copying of Documents

The Office of the Public Defender authorizes the user to copy, for non-commercial use only, documents published by the Office of the Public Defender on the World Wide Web. In consideration of this authorization, the user agrees that any copy of these documents that the user makes shall retain all copyright and other proprietary notices that may be contained therein.

Each individual document published by the Office of the Public Defender on the World Wide Web may contain other proprietary notices and copyright information relating to that individual document. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent or trademark of the Office of the Public Defender or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Office of the Public Defender copyright. Although the Office of the Public Defender strives for accuracy in its publications, any publication may contain inaccuracies or typographical errors. Changes, corrections and improvements may be made periodically to these publications without notice, and will be incorporated in new versions of these publications. The Office of the Public Defender may make changes, corrections and/or improvements in its publications, and/or the products, programs or services described in those publications, at any time without notice.

Unauthorized Use/Access

The Office of the Public Defender Internet Site is operated by the State of California and is for official use only. Unauthorized access, unauthorized attempted access, or unauthorized use of any State computing system is a violation of Section 502 of the California Penal Code and/or applicable federal law, and may be subject to prosecution.

Individuals using the Office of the Public Defender Internet Site without authority, or in excess of their authority, are subject to having their activities on the system monitored and recorded by system personnel. All http and ftp accesses are logged. In the course of such monitoring, or in the course of system maintenance or troubleshooting, the activities of authorized users may also be monitored.

Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, further legal action may be taken.