This Website is operated by the Superior Court of California, County of San Diego (“San Diego Superior Court”, “SDSC”, “We”, “Our”, “Us”). These Terms of Use govern your access to and use of this Website, any court mobile application, and any court vendor-hosted case information or other court-related portal (collectively, “Website”), as well as the information and materials available on or through this Website, including any court-related or case-related information (collectively, the “Content”). By accessing or using this Website, you agree that you have read, understand, and accept these Terms of Use. If you do not accept these Terms of Use, you may not access or use this Website or the Content. The Website and the Content do not constitute the official record of the court.
Disclaimers and Limitation of Liability
YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT OF THE WEBSITE ARE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE COURT, ANY OTHER JUDICIAL BRANCH ENTITY, OR THEIR JUDICIAL OFFICERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, OR VOLUNTEERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES), LOSSES, CLAIMS OR LIABILITY, KNOWN OR UNKNOWN (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SALES, GOODWILL, LOST DATA OR DATA BREACH OR ATTORNEY’S FEES) RELATING TO, ARISING OUT OF, OR RESULTING FROM THE USE OF (OR INABILITY TO USE) THIS WEBSITE, THE CONTENT, ANY THIRD-PARTY SITE LINKED TO THIS WEBSITE, OR ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, THEFT, DESTRUCTION, DAMAGE TO COMPUTER SYSTEMS, OR UNAUTHORIZED ACCESS. THE COURT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ERRORS AND OMISSIONS IN THE CONTENTS OF THIS WEBSITE, FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICE OF THE WEBSITE, LOSS OF DATA OR STORED CONTENT, AND ERRORS IN TRANSMISSIONS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND MAY BE SUBJECT TO ERRORS, INACCURACIES AND OMISSIONS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, WITH RESPECT TO THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED "AS IS" AND THAT WE MAKE NO WARRANTY THAT THE SERVICES ARE SECURE AND WILL BE FREE FROM: BUGS, DISABLING CODE, FAULTS, DEFECTS, VIRUSES, ERRORS, OMISSIONS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, AND TIMELINESS OF THIS WEBSITE OR THE CONTENT.
Restrictions on Access and Use
As required by applicable law, some documents are not accessible remotely.
In accessing or using this Website and the Content, you agree to comply with these Terms of Use as well as all applicable laws, rules (including the California Rules of Court and local court rules), regulations, and court orders. You may access publicly available content or court records on this Website provided that you comply with these Terms of Use and all applicable laws. You are responsible for all Content that you transmit or otherwise make available to this Website.
Any person who willfully destroys or alters any court record maintained in electronic form is subject to penalties, including but not limited to those imposed by California Government Code section 6201.
You may not do any of the following:
- Interfere with or disrupt this Website or any related court operations, or attempt to circumvent this Website's security features;
- Cause an unacceptable level of congestion to the functioning of this Website or any related court operations;
- Engage in any unauthorized data mining, web mining, web harvesting, use of "bots," or similar data gathering and extraction methods or tools in connection with the Website or its Content;
- Violate the publicity or privacy rights of another individual;
- Impersonate another person, act as another entity without authorization, or create multiple accounts
- Misrepresent or alter the Content or this Website, or misinform others about the origin or ownership of the Content or this Website;
- Decompile, reverse engineer, disassemble, lease, sell, distribute, or reproduce this Website;
- Transmit, post, or otherwise make available:(a) content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, including but not limited to any content that infringes on any intellectual property right or proprietary right; (b) viruses, Trojan horses or other harmful programs or material; or (c) advertising or promotional materials, "spam," or any other form of solicitation;
- Violate any copyrights, and other proprietary or intellectual property rights in this Website or the Content; or remove or modify any copyright notices, other proprietary notices, or references to these Terms of Use in the Content or on this Website.
Under California Rules of Court, rule 1.201, to protect personal privacy and other legitimate interests, parties and their attorneys must not include, or must redact where inclusion is necessary, the following identifiers from all pleadings and other papers filed in the court's public file, whether filed in paper or electronic form, unless otherwise provided by law or ordered by the court:
- Social security numbers. If an individual's social security number is required in a pleading or other paper filed in the public file, only the last four digits of that number may be used.
- Financial account numbers. If financial account numbers are required in a pleading or other paper filed in the public file, only the last four digits of these numbers may be used.
No Legal Advice
This Website and the Content do not constitute legal advice, and no attorney-client relationship is formed.
Linking and Third Parties
This Website may include links to third-party sites. When you access these sites, you are subject to third-party terms of use and privacy/security policies, which you should review. The court is not responsible for the accuracy, completeness, legality, practices, or availability of linked sites (including any related services, content, software applications, and other technologies). In addition, the court is not responsible for any interruption of services, malfunctions, or security breaches involving these third party sites. References or links in this Website to any commercial products or services, or the use of any trade, firm or corporation name do not constitute endorsement by the court.
Copyrighted Materials
This Website and the Content are protected by applicable copyrights, and other proprietary and intellectual property rights. You do not acquire any ownership rights in the Content or this Website. If your copying or use of any copyrighted materials on this Website is other than "fair use" under federal copyright laws, you must seek permission directly from the copyright holder. Copyrights and other proprietary rights may apply to information in a case file, absent an express grant of additional rights by the holder of the copyright or other proprietary right. Use of such information in a case file is permissible only to the extent permitted by law or court order, and any use inconsistent with proprietary rights is prohibited.
Privacy
We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to these Terms of Use, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.
General
The court may change these Terms of Use from time to time by posting a new version on this Website. Your continued use of or access to this Website after such changes constitutes acceptance of such changes. Your access to and use of this Website and the Content may be terminated at any time without notice. The failure of the court to enforce any provision in these Terms of Use will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. Your access to and use of this Website and Content may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorized activities.
California law, without regard to conflict of laws provisions, will govern these Terms of Use and any matter or dispute arising out of this Website or the Content. The state and federal courts located in San Diego, California will have exclusive jurisdiction over any dispute relating to these Terms of Use, this Website, or the Content. These Terms of Use constitute the entire agreement with respect to public access to and use of this Website and the Content. Additional terms of use may be applicable to the special access available to parties and others, as described below. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect their validity and enforceability.
Additional Terms of Use
Portions of this Website may provide means for the public to access documents filed in civil cases or may permit parties or other individual or entities special access to review documents or to transact business. Those portions of the Website may contain additional terms of use applicable to the persons accessing and using them.
If you establish an account on this Website, you are responsible for maintaining the confidentiality of your user ID and password, and you are responsible for all activities that occur under your password or user ID. You agree to: (i) log out from your account at the end of each session; and (ii) immediately notify [email protected] of any unauthorized use of your password or user ID or any other breach of security.
Remedies for Violations of Terms
The court has the right to suspend or reduce service to, or otherwise restrict, access to this Website and its contents to any user that causes an unacceptable level of congestion or disruption to the operation of the Website or otherwise violates the Terms of Use. Furthermore, the court reserves the right to seek all legal and equitable remedies available for violations of these Terms of Use.
Termination
At our sole discretion, we may modify or discontinue the Website, or may modify, suspend or terminate your access to the Website, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Website, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Website is terminated, these Terms of Use will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Website or your right to use this Website.
Contact Information
If you have any questions about these Terms of Use, please contact: [email protected]. Emails seeking legal advice or requesting specific information about a case will not be responded to.