Web Site Terms & Conditions

ATTENTION: Please read these terms carefully before using this web site. Using this web site indicates that you accept these terms. If you do not accept these terms, do not use this web site.

OWNERSHIP

Except for items in the public domain or items owned by third parties, the information and all other materials comprising the web site, including without limitation, copy, logos, graphics, sounds or images, (collectively, the "Materials"), are wholly owned by (or licensed to) Pohlman Reporting Company, Inc. (Pohlman) and/or its content providers.  Pohlman owns a copyright in the selection, coordination, arrangement, design and layout of the web site and any other Pohlman owned, operated, licensed or controlled site.  Elements of Pohlman web sites are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part.  Further, nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy sell, reproduce, publish, redistribute or retransmit any of the Materials without the express written permission of Pohlman or such other party that may own the Materials.  Please report any such instances of use to the webmaster.

USE OF WEB SITE

Except for your non-commercial personal use, the web site may not, in whole or in part, be used, copied, sold, reproduced, published, redistributed or retransmited in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the web site and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use the web site and to create binding legal obligations for any liability you may incur as a result of the use of the web site. You understand that you are responsible for all uses of the web site by you and those using your login information.

PRIVACY

You have read the web site Security & Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Pohlman and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the web site Security & Privacy Policy that is posted and accessible on the web site.

USE OF DOCUMENTS

Permission to use Documents from this server must be obtained first by sending a request to webmaster.

NO WARRANTIES

THE WEBSITE AND THE CONTENT PROVIDED THEREON IS PROVIDED "AS IS" WITH ALL FAULTS, AND NEITHER POHLMAN NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE (collectively, "Pohlman") MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION, ACCURACY, COMPLETENESS OR OPERATION THEREOF.  No oral advice or written information given to you by Pohlman shall create any warranty nor shall such a warranty arise from a course of dealing, usage or trade practice.  Pohlman does not warrant that access to, or use of, the web site will be uninterrupted, virus free, or error-free, or that the web site (including, without limitation, any content on the web site) will meet any particular criteria of performance or quality. POHLMAN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT POHLMAN KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE.  FURTHERMORE, POHLMAN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.

POHLMAN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. POHLMAN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL POHLMAN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.  THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. POHLMAN MAY MAKE IMPROVEMENTS AND CHANGES IN THE PRODUCT(S) OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL POHLMAN OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF DOCUMENTS, SOFTWARE, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

LIMITATION OF LIABILITY

Pohlman and all of its affiliates, subsidiaries, business units, suppliers, content providers, licensors, employees, agents or the like, (collectively, "Pohlman") in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the web site, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Pohlman has been advised of the possibility of such damages, and/or (b) damages or injury caused by 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 any file, in each instance whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. For further clarity, in all events, Pohlman shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

The provisions of this Section and the Section above represent a reasonable allocation of the risks under this Agreement. Pohlman's willingness to allow you to use the web site reflects this allocation of risk and the limitations of liability specified herein.

INDEMNIFICATION

You agree to indemnify Pohlman and all of its affiliates, subsidiaries, business units, suppliers, content providers, licensors, employees, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys' fees), and/or damages arising out of claims based upon use your use of the web site including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE POHLMAN'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF POHLMAN AND POHLMAN IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES AND MAKES NO REPRESENTATION OR WARRANTY REGARDING SUCH SITES OR MATERIALS ON SUCH SITES.  POHLMAN IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY POHLMAN OF THE SITE.  THE WEB SITE TERMS AND CONDITIONS AND PRIVACY POLICIES OF SUCH SITES ARE GOVERNED BY THEIR OWNERS AND MAY NOT BE THE SAME AS POHLMAN'S.

Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

COPYRIGHT NOTICE

The contents of Pohlman's web site "PohlmanUSA.com", or any other Pohlman owned, operated, licensed or controlled site, are Copyright ©1990-2005 by Pohlman Reporting Company, Inc. unless otherwise stated. All rights reserved. Photographs of cityscapes on home page are Copyright © Corbis. Photographs on Our Clients and Services page are Copyright © Rubberball Productions.

TRADEMARKS

PohlmanUSA and "The name you know.the service you trust.the location you need." are trademarks of Pohlman Reporting Company.

Pohlman has made every effort to supply trademark information about company names, products and services mentioned on this service.   All third party trademarks are the property of their respective owners. Some of these are acknowledged here:

• "e-Transcript" is a trademark of PubNetics, Inc.
• "CaseView" is a trademark of Stenograph, L.L.C.
• "Summation" is a trademark of Summation Legal Technologies, Inc.
• "LiveNote" is a trademark of LiveNote, Inc.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the state of Missouri, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in St. Louis County, the state of Missouri, United States of America, in all questions and controversies arising out of your use of this web site and this Agreement.

NO WAIVER

The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Pohlman nor the trade practice shall modify any provision of these Terms and Conditions.

MODIFICATION

Pohlman may at any time modify these terms and conditions and your continued use of this web site will be conditioned upon the terms and conditions in force at the time of your use.

ADDITIONAL TERMS

Additional terms and conditions may apply other portions of the web site, and you agree to abide by such other terms and conditions.

SEVERABILITY

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT