Privacy Policy, Disclaimers, and Terms of Use

Access to and use of the District Attorney Website are provided subject to these terms and conditions. These terms are modeled after the North Carolina Judicial Branch Terms and Conditions. This website is built on WordPress, and by default, does not collect personally identifying information.

PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

The Office of the District Attorney for the 36th Prosecutorial District of North Carolina is a government entity. This website is maintained by members of the District Attorney’s Office. The official website address is: https://burkecaldwellcatawbada.com. The District Attorney Webmaster can be reached here.

Disclaimers

Disclaimer of Liability

Neither the State of North Carolina, the District Attorney or any of its employees, shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall the District Attorney or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage.

This disclaimer of liability applies to any damages or injury, including but not limited to those 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 record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

Disclaimer of Warranties

Although the data found using the District Attorney website has been produced and processed from various court and non-court sources, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. The District Attorney provides this information on an “as is” basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are disclaimed.

Changes may be made periodically to the information herein; these changes may or may not be incorporated in any new version of the publication. If you have obtained information from any of the District Attorney web pages through a source other than the District Attorney’s Office pages, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out of date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to the District Attorney Webmaster.

Disclaimer of Accuracy of Data

The user expressly agrees that use of the District Attorney website is at the user’s sole risk. The District Attorney’s Office does not warrant that the service will be uninterrupted or error free. The documents, including court calendars and publications, published on this server could contain technical inaccuracies or typographical errors. Changes may be made periodically to forms and documents on the site; these changes may or may not be incorporated in any new materials on the website.

If you have obtained information from the District Attorney through a source other than the District Attorney’s Office, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to the District Attorney Webmaster.

Disclaimer for Endorsement

The District Attorney is a distributor of content sometimes supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the District Attorney and shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the State.
Disclaimer for External Links

The District Attorney is not responsible for the contents of any off-site pages referenced. The user specifically acknowledges that the District Attorney is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user. Links from the District Attorney web pages on the World Wide Web to other sites do not constitute an endorsement from the District Attorney’s Office. These links are provided as an information service only. It is the responsibility of the web user to evaluate the content and usefulness of information obtained from other sites. Since the District Attorney is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster.

When you link to another site, you are no longer on the District Attorney website and this Privacy Notice will not apply. When you link to another website, you are subject to the privacy policy of that new site.

Disclaimer of Duty to Continue Provision of Data

Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, homepages, and files are reorganized. The user expressly agrees that use of the District Attorney website is at the user’s sole risk. The District Attorney’s Office does not warrant that the service will be uninterrupted or error free. The documents and related graphics published on this server could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. The District Attorney may make improvements and/or changes in the information and/or programs described herein at any time.

Copyright

The material on the District Attorney website is for the noncommercial use of the general public. The fair use guidelines of the U.S. copyright statutes apply to all material on this website. The District Attorney shall remain the sole and exclusive owner of all rights, title and interest in and to all copyrighted information created and posted for inclusion in this system. Photographs and graphics on the website are the property of the District Attorney. For a copy or use of information on the District Attorney website that is outside of the fair use provisions of copyright law, please seek permission from the individual listed as responsible for the page. If you have any questions on using material on the District Attorney website, please e-mail the District Attorney Webmaster with requests for information or permission. If permission to reproduce or redistribute is granted, the following statement shall be included, “Reproduced with permission from the District Attorney”.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Linking to the District Attorney Website

Links to the District Attorney website are permissible, if the District Attorney’s Office’s Terms of Use are followed. Please be aware that links to specific pages or posts may change, and the safest way to link to our website is to link the homepage (https://burkecaldwellcatawbada.com/).

Data Mining, Disruptive, and High Volume Page Access

The District Attorney does not allow any activity on the District Attorney website that might affect performance of the site. Absolutely no batch processes are allowed to run against District Attorney website data. The District Attorney reserves the right to restrict the number of sessions from a specific IP address, restrict access from a specific IP address to the website if the IP is engaging in activities disruptive to the website’s operation, or take further action as needed.

Solicitation Prohibited

Use of the North Carolina information technology system to send unsolicited faxes and e-mail to North Carolina State Government and its employees is prohibited.

Choice of Law

Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of North Carolina. The laws of the state of North Carolina shall apply to all uses of this data and this system. By use of this system and any data contained therein, the user agrees that use shall conform to all applicable laws and regulations and user shall not violate the rights of any third parties.

Information Collected and How It is Used

If you do nothing during your visit to the District Attorney website but browse or download information, we automatically collect and store the following information about your visit:

  1. The Internet Protocol address and domain name used but not the e-mail address. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you;
  2. The type of browser and operating system you used and your connection speed;
  3. The date and time you visited this site;
  4. The web pages or services you accessed at this site; and
  5. The website or search engine you visited prior to coming to this website.

The information we automatically collect or store is used to improve the content of our web services and to help us understand how people are using our services. The District Attorney analyzes our website logs to improve the value of the materials available on our site. Our website logs are not personally identifiable, and we make no attempt to link them with the individuals that browse the District Attorney’s Office’s website.

If during your visit to the District Attorney website you send an e-mail, the following additional information will be collected: The e-mail address and contents of the e-mail.

The information is retained in accordance with North Carolina public records law and retention and schedules. We use your e-mail to respond appropriately. This may be to respond to you, to address issues you identify, to further improve our website, or to forward the e-mail to another agency for appropriate action.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Comments

The ability to leave comments on this website is generally disabled. If there is an instance where a user of this site can leave a comment, that instance is likely unintentional, but the following terms apply:

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

We do not allow users to upload media or files to our website. All media available on this website is used with permission, used with attribution, replicated from a source that does not require attribution, or is publicly available media (such as defendant “mugshots”).

Personal Information and Choice

“Personal information” is information about an individual that is readily identifiable to that specific individual. Personal information includes personal identifiers such as an individual’s name, address, and phone number. A domain name or Internet Protocol address is not considered personal information.
We collect no personal information about you unless you voluntarily participate in an activity that asks for information (i.e. sending an e-mail or participating in a survey). If you choose not to participate in these activities, your choice will in no way affect your ability to use any other feature of the website.
If personal information is requested on the website or volunteered by the user, this information may become public record once you provide it, and may be subject to public inspection and copying if not protected by law.

Users are cautioned that the collection of personal information requested from or volunteered by children on-line or by e-mail will be treated the same as information given by an adult and may be subject to public access.

If you choose to send e-mail to the District Attorney containing personally-identifying information, you should be aware that such communications are not secure and, in theory, could be viewed by anyone with access to the Internet.

Public Disclosure

In the State of North Carolina, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by state government. At the same time, there are exceptions to the public’s right to access certain public records. Exceptions are provided by both state and federal laws.

We strive to protect personally identifiable information by collecting only information necessary to deliver our services. All information collected at this site becomes public record that may be subject to inspection and copying by the public, unless an exemption in law exists.

As a government agency, we do not share any information collected on the website for financial gain. Information collected is for internal use only.

Cookies

What is a Cookie?

A cookie is a small amount of data, which may include an anonymous unique identifier, that is sent to your browser from a website’s computers and may either be used only during your session (a “session” cookie) or may be stored on your computer’s hard drive (a “persistent” cookie). Cookies can contain data about user movement during the visit to the website. If your browser software is set to allow cookies, a website can send its own cookie to you. A website that has set a cookie can only access those cookies it has sent to you, it cannot access cookies sent to you by other sites.

Why are Cookies Used on Websites?

Cookies are one mechanism for maintaining continuity during a user’s visit to a website. They allow data to be maintained for users’ benefit as they navigate a site. This is referred to as “session” or “state management” cookie. These cookies go away when you terminate your visit to the website as they are maintained only in your browser’s active memory during your session. Cookies may be also be stored on your computer too so that you can be recognized by a website on subsequent visits. They can be read by the website that set them whenever you enter the website. They are often used on websites that require you to log in to save you entering all of your log-in information. They may store information on your unique identifier and the areas of the website you have visited before. These cookies are stored on your computer’s hard drive after you have left your website visit and consequently are often referred to as “persistent” cookies.

Choices about Cookies

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.)

District Attorney Practices Regarding Cookies

The District Attorney website typically uses only session cookies. The information on these cookies is retained by the site only while the user’s session is active in a table that lists the unique identifiers of those currently using the site.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page (which is intended to be restricted to administrative users of the website), we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Contact Information

To offer comments about this website and how it functions, please contact the District Attorney Webmaster.