Thank you for your interest in subscribing to the Pierre Report Journal, the leading publication reporting on sessions of the South Dakota Legislature. The Pierre Report Journal is a publication of Pierre Report LLC, a limited liability company registered in the state of South Dakota. By subscribing to the Pierre Report Journal, you agree to abide by the terms, conditions and policies within this Subscription Agreement.
a) Customer means the individual(s) authorized to access the Pierre Report Journal pursuant to the terms of the Agreement.
b) Content means the Pierre Report Journal owned by Pierre Report LLC and provided to the Customer via email or by other means as specified by Pierre Report LLC.
c) Payment Period means the period for which the Customer shall be entitled to access to the Pierre Report Journal. For Pierre Report Journal, the Payment Period is considered the duration of a South Dakota regular legislative session as defined by the South Dakota Legislative Research Council.
d) Subscription Fee means the fee charged to Customer for access to the Pierre Report Journal.
2. Subscription Fee:
You agree to pay Pierre Report LLC for your Pierre Report Journal subscription in U.S. dollars via credit card or check. If Pierre Report LLC does not receive payment for any reason, Pierre Report LLC may, at its option, immediately, and without notice – suspend or cancel your subscription.
Your subscription and the content of the Pierre Report Journal are for use by you as a representative of your firm. Content may be shared with your clients and members, but Customer acknowledges that outside of that permission, Pierre Report Journal and its contents are protected by copyright law and are not to be shared, retransmitted, resold, copied, forwarded, or sublicensed to anyone other than Customer’s clients in any form or format without Pierre Report LLC’s express written consent. Your subscription is not transferable to, or usable by, another business or other entity without Pierre Report’s consent.
4. Term and Termination:
Pierre Report LLC will provide the Pierre Report Journal to the Customer for the Payment Period for which Customer has paid subscription fees. Customer may cancel its subscription at any time during the Payment Period, but Customer shall not receive any refund or rebate for a termination occurring during a Payment Period.
5. Intellectual Property:
a) Proprietary Rights. The Pierre Report Journal is developed, compiled, prepared, revised, selected, and arranged by Pierre Report LLC through the application of methods and standards of judgment developed and applied through the expenditure of substantial valuable time, effort, and resources and constitute valuable intellectual property. Customer agrees that it has no ownership rights in or to the Pierre Report Journal and that no such rights are granted under this Agreement.
b) Protection of Intellectual Property. Customer agrees to protect the proprietary rights of Pierre Report LLC during and after the term of this Agreement. Customer shall honor and comply with all written requests made by Pierre Report LLC to protect its contractual, statutory and common law rights in the Pierre Report Journal with the same degree of care used to protect its own proprietary rights which in no event shall be less than reasonable efforts.
c) Names and Marks. Customer shall not use any of Pierre Report LLC’s trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are identified with Customer or other use without the express written consent of Pierre Report LLC. Customer acknowledges that it has no ownership rights in or to any of these names or marks.
6. Disclaimer and Warranties:
a) Disclaimer. Pierre Report LLC includes analysis and assessment of legislative proceedings, discussions and debates and information from a variety of sources. Therefore, you agree that the accuracy of the Pierre Report Journal and its contents is not guaranteed. Analysis provided and expressed in the Pierre Report Journal are solely those of its author(s) and do not necessarily represent those of Pierre Report LLC, its management, or affiliates.
b) Although Pierre Report Journal is scheduled for publication each legislative day of the South Dakota Legislature session, the publication schedule is subject to change because of, for example, technical failures, illness, personal emergencies involving Pierre Journal LLC contracted journalists, severe weather, or other events that interfere with the Pierre Report Journal’s normal schedule.
c) Warranties. Pierre Report Journal is provided “as is.” Pierre Report LLC expressly disclaims all warranties including the warranties of merchantability and fitness for a particular purpose and disclaim all responsibility for any loss or claim of any kind relating in any way to the use of the services and any content contained therein.
7. Limitation of Liability:
Customer agrees to hold Pierre Report LLC harmless from and against any and all claims and losses arising out of or in anyway related to its use of the Pierre Report Journal any content contained therein. In no event shall Pierre Report LLC or its officers, directors, employees, shareholders, agents or representative be liable to customer for any special, indirect, incidental, exemplary, or consequential damages or loss of goodwill in any way relating to the use of Pierre Report Journal. Pierre Report LLC’s liabiity to any customer for damages under his agreement shall not exceed the amount of subscription fees paid by customer. Not all states allow limitations on certain kinds of damages, so these limitations might not apply to you.
You agree that any dispute between you and Pierre Report LLC, including but not limited to any dispute arising from or relating to this Agreement, shall be governed by the laws of South Dakota (without resort to conflict of law principles) and the laws of the United States of America. The mandatory and exclusive venue for any litigation between you and Pierre Report LLC shall be a court of appropriate subject-matter jurisdiction in or for Minnehaha County, South Dakota, which you agree is a convenient venue.
9. Miscellaneous Provisions:
a) Assignment. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Customer without the express written consent of Pierre Report LLC.
b) Enforceability. Should any provision of this Agreement be held to be void and invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected.
c) Waiver. Failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or right to enforce the provision.
d) Entire Agreement. Agreement sets forth the complete terms of your subscription and supersedes any prior written or oral statements or understandings. This Agreement cannot be modified except by (a) a writing signed by Pierre Report LLC or (b) the posting of a revised agreement on Pierre Report LLC’s website, currently available at https://www.pierrereport.com/subscriptionagreement. When Pierre Report LLC makes, it will also revise the “updated” date at the top of the copy of the agreement posted on Pierre Report LLC’s website. Such changes shall be effective when posted. By continuing your subscription after changes are posted, you accept and assent to this agreement as amended.