Effective July 2009

General Rules

The National Journal Group owns and operates several public-facing websites, including NationalJournal.com, CongressDaily, The Hotline as well as related online services such as 3121 (collectively, the "Sites"). Your use of the Sites and all products and services of the National Journal Group, regardless of media, is subject to these Terms of Service as well as our Privacy Policy and Community Guidelines, which both are incorporated into this "Agreement" by reference, and to all applicable laws and regulations.

The National Journal Group reserves the right to modify this Agreement, without advance notice. Your continued use of the Sites after we post a revised Agreement signifies your acceptance of the revised Agreement. Therefore, it is important to check this page each time you visit the Sites.

The National Journal Group reserves the right to terminate access to the Sites for any reason, including without limitation, due to any violation by you of this Agreement, and at any time without notice, and to take any other actions that the National Journal Group, in its sole discretion, believes to be in the interest of the company and of its users and customers as a whole.

This is a binding contract between the National Journal Group and you. By your acceptance of this Agreement and use of the Sites, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with the National Journal Group.

Access and Use

Access to portions of the Sites may be provided free of charge or without a registration and does not create a professional services relationship or any other relationship with the National Journal Group. Other areas of the Sites require payment of fees for access or a registration.

The Sites are solely for your personal, non-commercial use. You may not develop or derive for commercial sale or commercial use any data in machine-readable or other form that incorporates or uses any substantial part of the Sites. You may not transfer to or store any data residing or exchanged over the Sites in any electronic network for use by more than one user unless you obtain prior written permission from the National Journal Group.

For any images, text, video, audio, data or other information (referred to here as "Content") you submit to the National Journal Group, including profile information, blog posts, chat room or forum pages, and any e-mail, you affirm, represent and warrant that you own the right to utilize, to license and to sublicense the Content and you grant to the National Journal Group a non-exclusive, worldwide, paid-up, royalty-free and irrevocabale perpetual license, including right of sublicense, to use, to assign, display, distribute, perform, reproduce in whole or in part, and modify the Content in any media, in any manner, in whole or part, without any restrictions to you, for the sole intended purpose of the Sites and/or services provided. You also grant to each user of the Sites a non-exclusive license to access the Content through the Sites and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Sites and under this Agreement.

For any Content you post that you do not own, you guarantee to us that you have the legal right to post such Content and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST CONTENT ON THE SITES YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE CONTENT, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO CONTENT.

Intellectual Property

The National Journal Group and the Sites, and all other text and images contained on the Sites and in the National Journal Group's products are protected by United States trademark and copyright law and other applicable law and are the property of the National Journal Group, except as otherwise identified. All copyrights and trademarks not the property of the National Journal Group that are used or referred to in the Sites and the National Journal Group's products are the property of their respective owners. Nothing contained in the Sites or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of the National Journal Group or any third party, whether by implication, laches, estoppel or explicit grant. Because the information and materials on the Sites are proprietary, any unauthorized use of information and materials on the Sites or other products may violate the law. If you are a copyright owner and believe infringing material is present on any of the Sites, please refer to the procedures outlined below in the section titled "The National Journal Group Sites DMCA Copyright Infringement Claim Policy."

The National Journal Group's products, including third-party and licensed materials on the Sites, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from the National Journal Group.

Specific restrictions Relating to use of Associated Press material

Associated Press text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors, or omissions therefrom, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the above.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:

• Post any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Harm or threaten to harm users in any way;
• "Stalk" or otherwise harass any other person or entity;
• Impersonate any person or entity (including a Sites agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Sites for such purpose;
• Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third-party copyrighted materials or trademarks without appropriate permission, or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
• Violate any law (whether local, state, national, or international), whether or not intentionally;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
• Post any Content related to partisan political campaigning or fundraising.
• Post any Content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
• Collect, use or store personally identifiable information about other users;
• Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about users without their permission, except as permitted by applicable law;
• Disseminate or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
• Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
• Interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Sites or any other computer network;
• Disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs or other items of a destructive nature or any other malicious code or program;
• Express or imply that any statements you make are endorsed by the National Journal Group;
• Restrict or inhibit any other visitor or member from using the Sites, including, without limitation, by means of "hacking" or defacing any portion of the Sites;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
• Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Sites or the contents;
• Remove any copyright, trademark or other proprietary rights notices contained in the Sites;
• "Frame" or "mirror" any part of the Sites; or
• Engage in any other activity deemed by the National Journal Group to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

You understand that by using the Sites, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.

Non-Endorsement of Content

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of the National Journal Group. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by the National Journal Group. The Sites and Content on the Sites may provide links to third-party websites. The National Journal Group has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Forums and Comment Areas

Please note that, because the National Journal Group and the Sites may host message boards, blogs, commenting opportunities, reviews and feedback areas and other forums (collectively, the "Forums and Comment Areas"), the National Journal Group requires certain rights in those materials that enables us to post these materials on the Sites and services. Accordingly, by sending or transmitting to the National Journal Group creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Sites, you grant the National Journal Group and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), publicly perform, publicly display, digitally perform, make, have made, and import such Submissions in any media now known or hereafter developed. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of the National Journal Group and the National Journal Group will not be liable for any use or disclosure of any Submissions.

The Forums and Comment Areas of the Sites are designed to permit you to share your ideas and opinions. Information on the Forums and Comment Areas may be provided by our staff and non-affiliated contributors, some of whom may use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in our Forums and Comment Areas and that people participating in such Forums and Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. The National Journal Group neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Sites or Forums and Comment Areas by third parties. The opinions expressed in the Forums and Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of the National Journal Group. The National Journal Group is not responsible for the truthfulness of postings or any errors or omissions in postings in the Forums and Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will the National Journal Group or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the Sites or the Forums and Comment Areas.

The National Journal Group does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Forum and Comment Areas or any other part of the Sites, except that (i) the National Journal Group may consolidate, edit or otherwise modify any posted Content for clarity or other reasons, (ii) the National Journal Group may inform users or third parties of particular information or materials on the Sites, ask for their response, or ask them to host discussions, and (iii) the National Journal Group reserves the right, but not the obligation, to monitor the Sites and to remove any information that the National Journal Group, in its sole discretion, considers to be inappropriate or unlawful.

You acknowledge and agree that the National Journal Group has the right (but not the obligation) to monitor the Forums and Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum or Comment Area); to reasonably disclose such materials and the circumstances surrounding their transmission (i) to any third party for legitimate business purposes such as to operate the Sites properly; (ii) to protect ourselves, and our visitors; and (iii) to comply with legal obligations or governmental requests.

You acknowledge and agree that unless otherwise stated, all materials and information you provided will be deemed to be provided to us on a non-confidential and non-proprietary basis.

Account and Password

You agree that you alone are fully responsible and legally liable for the content that you post or made through the use of your name and password. You must keep your account password secure. If your password is lost, you may generate a new password by clicking the "Sign In" button, then click on "Forgot Password?" If it is stolen, contact the National Journal Group by e-mail service@nationaljournal.com. You must notify The National Journal Group immediately of any unauthorized use of your account. The National Journal Group will not be liable for your losses caused by unauthorized use of your account, but you may be liable for The National Journal Group's or others' losses due to such use.

Employment Opportunities

The National Journal Group may post employment opportunities on the Sites and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to the National Journal Group in response to employment listings, you are authorizing the National Journal Group and its service providers to utilize this information for all lawful and legitimate hiring and employment purposes. The National Journal Group also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates, vendors and service providers for legitimate business purposes. Nothing in this Agreement or contained in the Sites shall constitute a promise by the National Journal Group to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Sites constitute a promise that the National Journal Group will review any or all of the information submitted to it by users.

The National Journal Group Sites DMCA Copyright Infringement
Claim Policy

National Journal Group respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. National Journal Group has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the Sites in a way that constitutes copyright infringement, please send National Journal Group's Copyright Agent a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sites (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature. National Journal Group's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Chris Murphy, National Journal Group, 600 New Hampshire Avenue, NW, Washington, DC 20037, (202) 266-7000, fax: (202) 266-7157, cmurphy@nationaljournal.com. National Journal Group's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here: cmurphy@nationaljournal.com.

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, National Journal Group will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on a National Journal Group site. No personal user information is shared with the copyright owner unless required by law.

If National Journal Group receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a "repeat copyright infringer." National Journal Group reserves the right to terminate the accounts of "repeat copyright infringers."
Procedure to File a DMCA Counter-Claim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with National Journal Group's designated agent.

To be effective, a Counter-Claim must be a written communication provided to National Journal Group's designated agent and must include the following information:
(a) A physical or electronic signature of the user;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(d) The user's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person;
Upon receipt of a DMCA Counter-Claim, the National Journal Group will provide the complaining party with a copy of the DMCA Counter-Claim. When the National Journal Group receives a Counter-Claim that meets the requirements of the DMCA, the National Journal Group will process the Counter-Claim in accordance with the requirements of the DMCA.
Disclaimer of Warranties and Limitation of Liability and Use

The National Journal Group has worked to ensure the accuracy of the information it provides through its products and services, including through the Sites. This information frequently relies on data obtained from many sources, however, and the National Journal Group cannot guarantee the accuracy of the information provided or any analysis based thereon.

YOU EXPRESSLY AGREE THAT THE USE OF THE NATIONAL JOURNAL GROUP'S PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND THE NATIONAL JOURNAL GROUP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE NATIONAL JOURNAL GROUP DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM THE NATIONAL JOURNAL GROUP, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM THE NATIONAL JOURNAL GROUP NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, THE NATIONAL JOURNAL GROUP MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITES OR ANY WEB SITE LINKED TO THE SITES. YOU AGREE THAT NEITHER THE NATIONAL JOURNAL GROUP, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER THE NATIONAL JOURNAL GROUP NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES , ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

THE NATIONAL JOURNAL GROUP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER THE NATIONAL JOURNAL GROUP WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE NATIONAL JOURNAL GROUPS' LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES' LAWS.

The National Journal Group assumes no responsibility or liability arising from the content of the Sites nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Sites or accessed through the Sites. The National Journal Group also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Sites are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our Sites periodically, we do not have a duty to update information contained in our Sites, and we will not be liable for any failure to update such information.

The Sites make no representation that information content provided on Sites is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
Indemnification

You agree to indemnify, defend and hold the National Journal Group, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against the National Journal Group based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or the National Journal Group does prevail, you will reimburse the National Journal Group for any costs and attorneys fees associated with their defense of the action.

The use of the Sites and any claim or dispute relating to the Sites shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the District of Columbia. Use of the Sites is unauthorized in any jurisdiction that does not effect to all provisions of these Terms of Service, including without limitation this paragraph.

Severability

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

Subscriptions

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• memberships@nationaljournal.com

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