Terms and Conditions
This American LegalNet, Inc. ("ALN") License Agreement ("Agreement") is by and between ALN and you ("You"), and is made effective as of the date of acceptance and authorization of this Agreement for Your use of ALN’s SMART DOCKETS Court Rules and software, the ALN website, and unless superseded by a separate agreement, any and all other services and materials provided by ALN to You (the "Materials and Services"). This Agreement sets forth the terms and conditions of Your use of the Materials and Services. If You do not agree to Any of the terms of this Agreement, You are not permitted to use the Materials and the Services.
By accepting this Agreement, or installing or using the Materials and Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement.
1. USE, RESTRICTIONS, AND REPRESENTATIONS.
1.1 ALN provides the Materials and the Services to You under this non-exclusive, non-transferable license for printing and use only by You, the individual or entity who agreed to the terms of this Agreement, and only for Your use. You are not permitted to commercially exploit the Materials and the Services or transfer them to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution, whether text-based, electronic, or other physical or virtual distribution of the Materials or the Services, is prohibited. Copies of the Materials and the Services may only be held in local storage systems in an archival format and for Your use only. You may not copy, reverse engineer, translate, port, modify, or make derivative works of the Materials or the Services. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or the Services. You may not derive or attempt to derive the source code or structure of all or any portion of the Materials or the Services by reverse engineering, disassembly, decompilation, or any other means. You may not use the Materials or the Services to operate an information or service bureau. The Materials or the Services may not be copied, even if modified or merged with other data or software. You will not alter or remove any copyright notice or proprietary legend contained in or on the Materials and the Services. ALN reserves the right to block access to or remove any material on its servers that it believes in good faith to be copyrighted material that has been illegally copied and distributed by You and to terminate permanently Your use of the Materials or the Services.
1.2 ALN may, but is not obligated, to provide updates from time-to-time for the Materials and Services.
1.3 You agree and understand that the information contained in the Materials and Services may change from time to time. You also understand that You are responsible to monitor these changes. You understand and agree that ALN is not responsible for the accuracy of any dates contained in the Materials and Services, and that it is incumbent upon You to ensure that the information contained in the Materials and Services, including but not limited to the court rules and holidays, are accurate. ALN shall in no event be held liable or responsible for any damages resulting from missed dates.
1.4 You agree not to rely, in any way, on the Materials and Services to assist You in complying with any court’s rule(s). Further, ALN is not giving you or providing You with any legal advice regarding the following: (a) the interpretation of any court rules, (b) the calculation of any court rules and any resulting deadlines, and (c) the completeness or totality of any court’s rule set. ALN is not in any way engaged in the practice of law by providing You with court rule sets, court rule deadline calculations, and/or any consultation regarding the use of such court rule sets.
1.5 Prior to using the Materials and Services, You agree to test the court rules contained in the Materials and Services to determine that such rules are functioning properly before using or relying upon them. (You understand, acknowledge, and agree that such review and testing is required to assure accuracy, consistency, and completeness of your compliance with the rule(s) that may apply to the court(s) for which court rules have been licensed to you).
2. FEES AND PAYMENT. ALN currently offers use of the Materials and Services for free. ALN reserves the right to eventually add paid subscription plans to the Materials and Services, including ALN’s SMART DOCKETS Court Rules and Software, in addition to or as a complete replacement of any free offering.
3. INTELLECTUAL PROPERTY. You agree that ALN or its licensors holds all rights, title and interest in the Materials and Services and all intellectual property, including other rights related to intangible property related thereto, including but not limited to copyrights, patents, trademarks, and trade secrets ("Intellectual Property"). You acknowledge that no title or interest in such Intellectual Property rights is being transferred to You. You acknowledge that the Materials and Services are confidential in nature and constitute a valuable trade secret of ALN, and agree not to disclose or otherwise make such information available to any third party, except as expressly provided in this Agreement. Unless you have been expressly authorized to do so in writing by ALN, you agree that in using the Materials and Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You agree that You shall not remove, obscure, or alter any proprietary rights or notices (including copyright and trademark notices) which may be affixed to or contained within Materials or Services. You further understand and agree that You are prohibited from using and reproducing, in any manner whatsoever, any of the content or materials of the ALN website, without the express written permission of ALN. Any permission to use any documents and related graphics and any Materials and Services is subject to this Agreement. American LegalNet and SMART DOCKETS are trademarks and service marks of ALN.
4. ACCOUNT INFORMATION AND SECURITY. You agree to provide true, accurate, current, and complete information about You and Your account in Your use of the Materials and Services and to update any information You previously provided if it becomes inaccurate and/or out-of-date. You agree You are entirely responsible for maintaining the confidentiality of any password and account information that You (or Your authorized users) may create now or in the future. You agree You are entirely responsible for any and all activities that occur under your account. You agree to notify ALN immediately of any unauthorized use of your account or any other breach of security. You agree ALN will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge. You agree that you will not engage in any activity that interferes with or disrupts the Materials and Services (or the servers and networks which are connected to the Materials and Services). ALN may collect, retain, and use information about Your usage of the product, but only for the following specific business purposes: (i) to protect and administer your account and record; (ii) to comply with certain laws and regulations; and (iii) to help us design or improve our products and services.
5. WARRANTIES. You hereby represent and warrant that You have the right, power, legal capacity and appropriate authority to enter into this Agreement.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
6.1ALN DOES NOT PRACTICE LAW IN ANY JURISDICTION. NO ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED BY YOUR USE OF ALN’S MATERIALS AND SERVICES. ACCORDINGLY, ALN’S MATERIALS AND SERVICES ARE PROVIDED AS A REFERENCE ONLY FOR PROFESSIONALS SKILLED IN THE AREAS COVERED THEREBY. YOU ACKNOWLEDGE AND AGREE THAT ALN’S MATERIALS AND SERVICES DO NOT CONSTITUTE LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR LEGAL ADVICE FROM A LICENCED ATTORNEY.
6.2 ALN LICENSES THE MATERIALS AND SERVICES ON AN "AS IS" BASIS. ALN AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE MATERIALS AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTERNET CONNECTIVITY, OR NON-INFRINGEMENT. ALN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE.
6.3 YOU ACKNOWLEDGE THAT ALN DOES NOT WARRANT CONTINUED ACCESS TO OR USE OF THE MATERIALS AND SERVICES. ALN MAY, AT ITS SOLE DISCRETION, REMOVE OR ADD FEATURES OR FUNCTIONALITIES TO THE MATERIALS AND SERVICES AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT PRIOR WARNING.
6.4 UNDER NO CIRCUMSTANCES WILL ALN BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF THE SERVICES AND MATERIALS EVEN IF ALN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE MATERIALS AND SERVICES.
7. INDEMNIFICATION. You agree to defend, indemnify and hold harmless ALN and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to Your use of the Materials or Services or Your breach of the Agreement. In addition, You agree to indemnify and hold ALN harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein or any negligence or willful misrepresentation or misconduct by You. You agree that ALN shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify ALN of any such claim promptly in writing and to allow ALN to control the proceedings if it elects to do so. You agree to cooperate fully with ALN during such proceedings.
8. TERM AND TERMINATION.
8.1 TERM. This Agreement will continue until terminated by either party at any time, for any reason or no reason. Any violation by You of any term of this Agreement will result in immediate termination of this Agreement. Your continued use of the Materials and Services is subject to your continued agreement to any changes in this Agreement that ALN may, at its sole discretion make, as further described in Section 9.6 of this Agreement.
8.2 EFFECT OF TERMINATION. Upon termination of the Agreement, You must immediately stop using the Materials and the Services and must immediately remove from any computing device, including but not limited to an Apple iPhone, iPad, personal computer, or laptop, any remaining Materials and Services, including any SMART DOCKETS Court Rules and Software, and any documents generated by the Materials and Services.
9.1 ARBITRATION. Any controversy or claim arising out of or relating to this Agreement shall be submitted to non-binding arbitration in accordance with the Center for Public Resources Rules for Non-Administered Arbitration of Business Disputes, by three arbitrators, of whom each party shall appoint one and the third shall be chosen by the other two. The arbitration shall be governed by the United States Arbitration Act, 9 USC §§1-16, and judgment may be entered by any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. The arbitrators are empowered to award damages only in accordance with Section 6.4 of this Agreement, and may not award punitive damages.
9.2 NOTICES. All notices shall be in writing. You agree that all notices sent to You will be sent either to the email or postal address You have on file with ALN. Notices from You to ALN shall be made to ALN’S address at: CEO, American LegalNet, Inc., 16501 Ventura Blvd. Suite 615, Encino, CA 91436. Except for notices sent to You by e-mail, notices shall be sent by express delivery service to the other party. Notices shall be effective on the date the notice is delivered to the applicable address in the case of delivery by express overnight service. Notices sent by e-mail shall be effective on the date they are sent. Either party may change its address by written notice to the other party in the manner set forth above. You are responsible for maintaining a current e-mail address with ALN, in the manner provided in Part 4 of this Agreement.
9.3 HEADINGS. The headings in this Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of the Agreement, the terms of the Agreement shall control.
9.4 ASSIGNMENT. Except for any person You are an agent of, You may not assign this Agreement for any reason. Any such attempted assignment shall be null and void and a violation of the Agreement.
9.5 INDEPENDENT PARTIES. The parties hereto are and shall remain independent parties. Nothing herein shall be deemed to establish a partnership, joint venture, or agency relationship between the parties. Neither party shall have the right to obligate or bind the other party in any manner to any third party.
9.6 ENTIRE AGREEMENT. You agree that this Agreement constitutes the complete and only agreement between You and ALN regarding the Materials and Services contemplated herein. Notwithstanding the foregoing, ALN reserves the right to modify this Agreement at any time by posting an updated version of it on its website. Your continued use of ALN’s Materials or Services constitutes Your agreement with any such modification. It is Your duty to review and to stay familiar with this Agreement. If You do not agree to the change, you must stop using the Materials or Services and this Agreement is terminated.
9.7 SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of the Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
9.8 WAIVER. The failure of ALN to enforce any of the provisions within the Agreement against You or others shall not be construed to be a waiver of the right of ALN thereafter to enforce such provisions.
9.9 FORCE MAJEURE. ALN will make reasonable efforts to keep its website and Materials and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold ALN liable for any of the consequences of such interruptions.
9.10 AMBIGUITIES. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting the Agreement. The language in the Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
9.11 SURVIVAL. Sections 3, 5-9 shall survive this Agreement.