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All published cases since 1985 (Volume 1)
Unpublished decisions since May, 1994
Virginia Attorney General
Attorney General’s opinions since 1967
Attorney General Conflict of Interest opinions since 1994
Virginia Circuit Court Opinions
Selected Virginia Circuit Court opinions since 1991
Legal Ethics and Unauthorized Practice
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Virginia Constitution
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Virginia Code
As effective July 1, 2023,
incorporating amendments from the 2023 General Assembly
Virginia Code Archive
Containing the full text of earlier versions of the Code back to 2002,
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Rules of the Supreme Court of Virginia
Current, including amendments
United States Supreme Court
Cases since 1949 (Volume 338)
U.S. Fourth Circuit Court of Appeals
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Eastern and Western Federal District Courts
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United States Constitution
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United States Code
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End User Agreement for Online Use of CaseFinder® Web:
IMPORTANT.
READ THE ENTIRE DOCUMENT
This End-User License Agreement (EULA) is a binding contract between you ("USER") and Geronimo Development Corporation ("Geronimo").
WARNING. Online usage of CaseFinder® is monitored to prevent violations of this EULA by end-users. Sequential downloading and/or excessive storage of information may trigger immediate disconnection of your link to the CaseFinder® database, as well as investigation of possible violation of this EULA. You will not be able to access CaseFinder™ during any such investigation of the legitimacy of your usage.
A. USER OBLIGATIONS
USER acknowledges that the CaseFinder® database is a commercially valuable proprietary product of Geronimo, the design and development of which have involved the expenditure of substantial amounts of time and money, and which affords Geronimo a commercial advantage over its competitors. USER understands that loss of this competitive advantage due to any unauthorized reproduction, downloading or use of CaseFinder® data would cause substantial damage to Geronimo.
USER further acknowledges that USER is granted online access to the CaseFinder®database in consideration of and only upon user's agreement to the terms and conditions set forth below. In consideration of the grant to USER by Geronimo of access to the CaseFinder®database, USER shall assent to the terms of this EULA and agrees to use the CaseFinder®database only as expressly permitted by this EULA.
USER understands and acknowledges that title to the CaseFinder® database, and all copyrights and other rights therein, at all times are and will remain solely and exclusively in Geronimo. USER agrees not to remove, destroy, deface or otherwise alter any legends, notices statements or marks indicating Geronimo's ownership or the restrictions contained in this EULA on use of the CaseFinder® database that are contained or displayed on any screens or printouts.
USER agrees that USER will not, during the term of this EULA or at any time thereafter, directly or indirectly engage in or take, or refrain from taking, any action or inaction which may in any way lead to the unauthorized dissemination, reproduction or use of the CaseFinder® database by any third party, nor use the same for USER's own commercial benefit (except as expressly permitted under the terms of this EULA).
USER agrees not to copy or duplicate or permit any other person or entity to copy or duplicate any portion of or the entire CaseFinder®" database except as expressly permitted under the terms of this EULA. USER further agrees not to swap, rent, sublicense, transfer, sell, upload, download, display or offer the CaseFinder® database to any other person or entity in any medium or nature whatsoever, except as expressly permitted under the terms of this EULA.
USER agrees to notify Geronimo immediately of any unauthorized use of the CaseFinder® database. The notice shall include, but not be limited to, the names and addresses of the unauthorized user(s).
USER understands that upon termination of this EULA for any reason, USER has no right to use the CaseFinder® database and agrees to cease all use whatsoever of the CaseFinder®database, except for such portions of the CaseFinder® database as have been legitimately downloaded by USER during the term hereof, and then only as permitted herein.
B. LICENSE GRANT
Subject to the terms and conditions of this EULA, Geronimo grants to USER a non-exclusive, nontransferable limited license to use the CaseFinder® database (hereinafter "the Product") in the manner specified below:
1. Searches by USER.
USER is licensed to undertake searches of the Product for the benefit of USER or the benefit of clients of USER in the practice of law.
2. Third Party Searches
(A) General Limitation
USER may not allow third parties to conduct searches of the Product or make copies or printouts of the data or portions of the data contained within the Product except in the instances outlined below.
(B) Legal Assistant
USER may allow a paralegal or other legal assistant working under the supervision of USER on behalf of clients of USER to conduct searches of the Product or make copies or printouts of the data or portions of the data contained within the Product.
3. Printouts and Copies
USER may not download, upload, publish, distribute, transmit or sell any materials retrieved through use of the Product except to the extent permitted under this EULA.
(A) Definition of Printout
In this EULA, "printout" means a visually readable copy which may be displayed on screen or printed on paper.
(B) Internal Use by USER
USER is licensed to create printouts or electronic copies of small portions of the data contained within the Product only for USER's internal purposes, for legal research or related work for clients of USER in the practice of law.
(C) Work Product
When USER finds it necessary for the practice or study of law, USER may create printouts or electronic copies of small portions of the data contained within the Product for incorporation into USER's work product, which then will be provided to third parties (generally, courts, clients or opposing counsel). This license does not permit USER to provide electronic or other digital copies of the data or portions of the data contained within the Product to third parties for any other reason. This clause does not permit USER to create or provide printouts of data contained within the Product which exceed the use permitted by 17 U.S.C. § 107 ("fair use" ) or successor legislation.
4. Termination of License
(A) This EULA will terminate without notice in the event Licensor elects, in its sole discretion, to cease offering the Product.
(B) USER may terminate this EULA at any time by giving written notice to Geronimo. Geronimo may terminate this EULA immediately upon USER's breach of a material term of this EULA, or for any reason upon 30 days written notice to USER, which notice may be sent by mail or email to the mailing or email address in the Association's member records for USER.
(C) Immediately upon termination of this EULA, USER will be denied online access to the Product.
C. OWNERSHIP
All right, title, and interest in the Product including, but not limited to, all copyrights, are the exclusive property of Geronimo.
D. LIMITATIONS ON LICENSED USE
USER acknowledges that the Product embodies the selection, coordination and arrangement by Geronimo of pre-existing materials, as well as original works of authorship created by Geronimo in enhancements thereto. In addition, USER acknowledges that the Product further embodies the collection and organization by Geronimo of discrete items of information through the investment of substantial monetary and other resources. USER agrees that in no event will its licensed use of the Product hereunder entail reproduction or distribution of all, substantially all, or any material portion of the contents of the Product. Notwithstanding anything to the contrary, however, in no event does Geronimo claim copyright in any work of the United States Government or of any State or political subdivision thereof.
USER at all times shall treat the Product as proprietary information of Geronimo and shall comply fully with the limitations on usage and distribution contained in Section A above. Geronimo’s grant to USER of access to the Product is in consideration of USER's acknowledgment of these limitations and USER's agreement not to use or to allow third parties access to the Product, except as expressly provided in this EULA.
E. WARRANTIES, DISCLAIMER, AND LIMITATION OF LIABILITY
1. General Limitation
EXCEPT AS EXPRESSLY STATED HEREIN, THE PRODUCT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. Limitation of Liability
THE AGGREGATE LIABILITY OF GERONIMO FOR ANY CLAIM FOR DAMAGES UNDER ANY LEGAL THEORY SHALL BE LIMITED TO THE AMOUNT PAID BY USER FOR USE OF THE PRODUCT. GERONIMO SHALL NOT BE LIABLE TO USER FOR ANY CLAIM RELATING IN ANY WAY TO USER'S INABILITY TO PERFORM LEGAL RESEARCH OR RELATED WORK OR TO PERFORM SUCH WORK PROPERLY OR COMPLETELY, EVEN IF USER'S ACCESS TO THE PRODUCT HAS BEEN TERMINATED WITHOUT NOTICE BY GERONIMO. GERONIMO SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS HEREUNDER, OR USE OF, OR INABILITY TO USE, THE PRODUCT IN ANY WAY, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Online Contents
USER AGREES THAT USER IS RESPONSIBLE FOR DETERMINING THAT ALL INFORMATION PROVIDED BY GERONIMO IS SUFFICIENTLY ACCURATE. GERONIMO SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY ERRORS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING OR REPORTING THE INFORMATION IN THE PRODUCT.
4. Assistance of Geronimo
USER acknowledges that any assistance provided by Geronimo will be in the form of technical assistance, i.e., helping USER utilize the product from a technical standpoint as provided in the information in the user manual. Such assistance will not be construed as legal assistance or the practice of law.
5. No Continuing Obligation of Geronimo
Geronimo is not obligated by this EULA to continue making the Product available online for any period of time whatsoever.
6. Accuracy and Official Documents
Significant efforts have been made by Geronimo to assure the faithful reproduction of the primary sources of the contents of the Product and the accuracy of the enhancements to primary materials contained in the Product. Geronimo cannot warrant, however, absolute accuracy. The primary source may be the only source of absolute accuracy.
7. USER's Representation
USER represents that the number used to gain access to the Product is the number issued by Geronimo and that USER has not provided or used, and will not provide or use, the number of any other person to gain access to the Product. This provision does not apply to accesses to the Product made after initial acceptance of the EULA which are permitted in Clause B.2(B).
F. SUBSEQUENT CHANGES
1. New Functions or Features
From time to time, Geronimo may, but shall have no obligation to, add new functions or features to the Product or make new information services available to USER.
2. Changes in Terms and Conditions
From time to time, Geronimo may amend any of the existing terms and conditions of this EULA. Each time that USER seeks online access to the product, Geronimo may require that USER assent to this EULA or to the then current version of this EULA.
G. EQUIPMENT
1. Incompatibly
Geronimo is not responsible and shall not be liable for incompatibility of the Product with any software, hardware or any other equipment provided by USER.
2. Loss, Damage, etc.
Geronimo shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from damage to USER'S equipment, hardware or software due to use of the Product.
H. EFFECT AND TERM OF EULA
1. Effect of Agreement
This EULA constitutes the complete understanding of the parties and supersedes any prior understanding or agreement, oral or written, relating to the Product. No waiver of any provision shall be valid unless in writing and signed by all parties.
2. Term
This EULA is effective upon acceptance by USER by checking the box in the Confirmation section. This EULA will terminate in accordance with Section B.4 above or when superseded by a subsequent Agreement between the parties.
I. FORCE MAJEURE
The schedule for manufacture, production, and distribution of the Product may be altered due to the onset of war, strikes, accidents, fires, casualties, or other causes beyond the parties' control. If such causes or conditions delay performance under this EULA, the time for performance will be continued for a period equivalent to the delay.
J. CHOICE OF LAW AND SEVERABILITY
This EULA shall be construed under the laws of the Commonwealth of Virginia, without giving effect to any choice of law rules that may require the application of laws of another jurisdiction. Should any provision of this EULA be found to be void, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
K. NON-ASSIGNABILITY AND NON-WAIVER
Neither this entire EULA, nor any portion thereof, may be assigned, sublicensed, loaned, leased, distributed or transferred by USER without the written permission of Geronimo. If USER engages in any of the aforementioned prohibited transactions, such transaction shall be void from the outset.
The failure of either party to enforce any provision of this EULA shall not be deemed a waiver of that party's right to enforce that provision or any other provision.
END OF LICENSE AGREEMENT
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