PLEASE READ THIS AGREEMENT IN ITS ENTIRETY AS THE TERMS MAY HAVE CHANGED. BY CLICKING THE "ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (2) YOU ARE AUTHORIZED TO ACCEPT IT; AND (3) YOU AGREE TO ITS TERMS. IF YOU DO NOT ACCEPT THE TERMS CONTAINED HEREIN, CLICK THE "DECLINE" BUTTON OR REPLY STOP TO OPT OUT OF TEXT MESSAGING SERVICES.
GENERAL TERMS & CONDITIONS FOR USE OF THE ONLINE AND TEXT MESSAGING SERVICES
February 16, 2021
NOTE: The information and services provided at eLaw.com, and linked or affiliated Web sites and associated text messaging is not intended to and does not constitute legal advice and no attorney-client relationship is formed. The accuracy, completeness, adequacy or currency of the Online Services and Materials, Text Messaging Services (as hereafter defined) is not warranted or guaranteed. Your use of this Web Site, the Online Services and Materials, Text Messaging Services and affiliated or linked sites is ENTIRELY AT your own risk.
The terms and conditions listed below govern use of the online and text messaging services (the "Online Services") distributed by means of an internet URL address and/or an SMS text messaging application ("Web Site") and materials available therein ("Materials") provided by eLaw, LLC and its affiliated companies (collectively "eLaw"). The terms "you" and "your" in upper or lowercase shall mean the entity (e.g., company, corporation, partnership, sole proprietor, etc.) or government agency entering into a Subscription Agreement with eLaw. The "Subscription Agreement" shall consist of these General Terms and Conditions, and the standard, transactional rates applicable to your account (the "Price Schedule").
1. GRANT OF RIGHTS; RESTRICTIONS ON USE
1.1 You and the Authorized Users (defined below in Section 2.1) are granted a nonexclusive, nontransferable, limited right to access and use for research, information, and communication purposes the Online Services and Materials made available to you. The rights granted to each Authorized User are as follows:
(a) The right to electronically display Materials retrieved from the Online Services for the Authorized User's individual use (e.g., no Authorized User may network others via LANs, WANs, intranets or the internet), subject to the Supplemental Terms for Specific Materials and Services ("Supplemental Terms"). Notwithstanding the foregoing, an Authorized User may display a de minimis amount of the Materials on an incidental, infrequent basis for non-commercial purposes to other Authorized Users so long as the Authorized Users are in the same physical location and the means of display is not through the internet, an intranet or other types of networking communication like LANs, WANs;
(b) The right to email, fax, download or make printouts using the commands of the Online Services and the right to create a single printout of Materials accessed or downloaded by any other means (collectively, "Authorized Printouts");
(c) With respect to Materials that are court dockets, court cases, court rules, court briefs, agency issued documents, agency regulations or executive branch materials from the United States, its states, local governments, or territories (collectively, "Authorized Legal Materials"), the right to download using the commands of the Online Services and store in machine-readable form, primarily for that Authorized
User's exclusive use, a single copy of insubstantial portions of those Authorized Legal Materials included in any individually searchable file or content source in the Online Services to the extent the storage of those Authorized Legal Materials is not further limited or prohibited by the Supplemental Terms. The storage may continue so long as the Authorized Legal Materials are needed for purposes contemplated
under the Subscription Agreement or until the Subscription Agreement is terminated, whichever occurs first;
(d) With respect to all Materials other than Authorized Legal Materials, the right to download using the commands of the Online Services and store in machine readable form for no more than 90 days, primarily for that Authorized User's exclusive use, a single copy of insubstantial portions of those Materials included in any individually searchable file or content source in the Online Services, to the extent the storage
of those Materials is not further limited or prohibited by the Supplemental Terms;
(e) Notwithstanding anything to the contrary herein, the right to (1) excerpt or quote insubstantial portions of Materials in documents prepared in the ordinary course of your business to the extent permitted by applicable copyright law; and (2) store Materials for periods in excess of the periods set forth above to the extent required for legal or regulatory compliance.
For the avoidance of doubt, downloading and storing Materials in an archival database is prohibited. The Online Services and the Materials are protected by copyright, intellectual property laws, and other laws that prevent unauthorized access and use. If you are not an Authorized User, you are not permitted to access or use the Online Services for any purpose whatsoever. If you nevertheless access and use the
Online Services without authorization, your access and use will be governed by these General Terms and Conditions and you will be liable to eLaw for any breach of the General Terms and Conditions as well as for unauthorized access and payment for use at the rates in the applicable Price Schedule.
1.2 To the extent permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms, you and the Authorized Users may make copies of Authorized Printouts and distribute Authorized Printouts and copies.
1.3 Except as specifically provided in Sections 1.1 and 1.2, you and the Authorized Users are prohibited from downloading, emailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. You may not exploit the goodwill of eLaw, including its trademarks, service marks, or logos without the express written consent of eLaw. Additionally, under no circumstances may you or any Authorized User offer any part of the Online Services or Materials for commercial resale or commercial redistribution in any medium or use the Online Services or the Materials to compete with the business of eLaw.
1.4 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and Materials in any medium belongs to eLaw or its third party suppliers of Materials. Neither you nor the Authorized Users acquire any proprietary interest in the Online Services, Materials, or copies thereof except the limited license set forth herein.
1.5 You and the Authorized Users may not use the Online Services or Materials in any fashion that infringes the intellectual property rights or proprietary interests of eLaw or any third party.
1.6 You and the Authorized Users may not remove or obscure the copyright notice or other notices contained in Materials.
1.7 You and the Authorized Users may not use information included in the Online Services or Materials to determine an individual consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term "consumer" is defined in the United States Fair Credit Reporting Act at 15 USC Â§1681. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the online Services and Materials. Nor may you use any network monitoring or discovery software to determine the Web site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Web Site or the Online Services and Materials with eLaw's express written permission. You may not use the Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display,
or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, or the Materials in violation of the export control laws and regulations of the United States of America . Any unauthorized use of this Web Site or its Online Services and Materials is expressly prohibited.
1.8 Other provisions that govern use of the Materials are set forth in the applicable Price Schedule, the Supplemental Terms, online descriptions of files, online notices following service selection, and individual documents retrieved from the Online Services (collectively, the "Additional Terms"), all of which are incorporated by reference into the Subscription Agreement.
2. ACCESS TO SERVICES
2.1 Only your employees, temporary employees, student interns, partners/members, and contractors dedicated to performing work exclusively for you (to the extent those categories of persons are appropriate to your situation) are eligible to access and use the Online Services and Materials ("Eligible Persons"). Without limitation, external professional service providers such as attorneys, accountants, outsourcers and public relations firms are specifically excluded from being Eligible Persons. The term "Authorized User" means an Eligible Person whom you have identified to eLaw for purposes of issuing an eLaw User ID (hereafter "eLaw ID"). Each Eligible Person who wishes to access the Online Services and Materials must have their own unique eLaw ID and thus become an Authorized User. You agree that each eLaw ID may only be used by the Authorized User to whom eLaw assigns itand that the eLaw ID may not be shared with or used by any other person, including other Authorized Users. You will manage your roster of Authorized Users and will promptly notify eLaw, either through the online account management utilities createdfor that purpose or by direct customer service communication, to deactivate an Authorized User's eLaw ID if the Authorized User is no longer an Eligible Person or you otherwise wish to terminate the Authorized User's access to the Online Services and Materials. You are responsible for all use of the Online Services accessed with eLaw IDs issued to your Authorized Users, including associated charges, whether by Authorized Users or others. You will use reasonable commercial efforts to prevent unauthorized use of eLaw IDs assigned to your Authorized Users and will promptly notify eLaw, in writing, if you suspect that such an eLaw ID is lost, stolen, compromised, or misused.
2.2 Use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Unless otherwise agreed to by eLaw in writing, use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
2.3 The Online Services, Materials, and feature functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise changed by eLaw without notice.
3. LIMITED WARRANTY
3.1 eLaw represents and warrants that it has the right and authority to make the Online Service and Materials available to you and the Authorized Users as authorized expressly by the Subscription Agreement.
3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND ELAW AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Service or any features thereof or any Materials, (c) your or an Authorized User's use of the Online Services or Materials, (d) the loss or corruption of any data or equipment in connection with the Online Services, (e) the content, accuracy, or completeness of Materials, all regardless of whether you received assistance in the use of the Online Service from a Covered Party, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
4.2 "Covered Party" means (a) eLaw and any officer, director, employee, subcontractor, agent, successor, or assign of eLaw; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.
4.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS OR THE SUBSCRIPTION AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO YOUR (AND YOUR AUTHORIZED USERS) INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO ELAW OR ITS THIRD PARTY SUPPLIERS.
4.5 Notwithstanding anything to the contrary in this Section 4: (a) If there is a breach of the warranty in Section 3.1 above, then eLaw at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the Online Services or Materials, asserted against you by such third party provided: (i) all use of the Online Services and Materials was in accordance with the Subscription Agreement; (ii) the claim, cause of action or infringement was not caused by you modifying or combining the Online Services or Materials with or into other products or applications not approved by eLaw; (iii) you give eLaw prompt notice of any such claim; and (iv) you give eLaw the right to control and direct the investigation, defense and settlement of each such claim. You, at eLaw's expense, shall reasonably cooperate with eLaw in connection with the foregoing.
(b) In addition to Section 4.5(a), if the Online Services or the operation thereof become, or in the opinion of eLaw are likely to become, the subject of a claim of infringement, eLaw may, at its option and expense, either: (i) procure for you the right to continue using the Online Services, (ii) replace or modify the Online Services so that they become non-infringing; or (iii) terminate the Subscription Agreement on notice to you and grant you a pro-rata refund or credit (whichever is applicable) for any pre-paid fees or fixed charges. (c) The provisions of Sections 4.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein.
5. PURCHASES, INVOICES AND PAYMENTS
5.1 Payment for use of Online Services may be made by immediate, monthly or annual debit against the valid credit card provided by Authorized at the time of registration or thereafter (in which event the extension of credit and payment shall be as defined between Authorized User and the credit card issuing bank or finance institution); or by invoice pursuant eLaw's credit policies and conditions as contained in this Section 5.
5.2 Payment for use of Online Services by credit card for monthly and annual service subscriptions will automatically renew and debit the Authorized User's credit card at the beginning of the next monthly or annual period (typically, the 1st day of the month, or the 1st day of the Thirteenth month) following the initial purchase date, and will continue thereafter at the beginning of each new month or annual anniversary of the initial purchase date until the service is terminated by the Authorized User, or eLaw, pursuant to the Subscription Agreement. Similarly, the accounts of Authorized Users who are billed monthly pursuant to eLaw's credit policies will continue to accrue charges monthly and/or annually for subscription services purchased until the service is terminated pursuant to the Subscription Agreement.
5.3 Failure to provide required Registration and credit information will result in eLaw rejecting an Authorized User's Application for Credit or other billing consideration or arrangement. All credit requests are subject to review, and acceptance or rejection by eLaw, which decision is final in its sole discretion.
5.4 By purchasing any of the Online Services whether by use of an accepted credit card or pursuant to the issuance of credit by eLaw, you and any Authorized User agree, warrant and represent the following: (i) any credit information you supply is true and complete; (ii) you are authorized to use the credit card offered for payment; (iii) to pay all amounts accrued to your account, as invoiced, at the rates and prices in effect at the time of the accrual of said charges, together with applicable sales tax or other required fees or surcharges, including but not limited to finance charges unpaid invoices.
5.5 Invoices are considered unpaid and balances past due upon issuance of the next monthly invoice, typically thirty (30) days. The applicable finance charge shall be the greater of: (i) 1.5 % per month; or (ii) the maximum amount permitted by applicable law, and shall continue to apply and accrue until payment in full is received by eLaw.
5.6 In the event eLaw is required to bring legal action against you or any Authorized User for the collection of unpaid past due balances and accrued finance charges, you agree to be responsible for eLaw's costs and fees necessary and incident to such legal action, including but not limited to reasonable attorneys fees.
6.1 These General Terms and Conditions may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with the terms of your Price Schedule; all other provisions of these General Terms and Conditions may be changed by eLaw immediately upon notice to you. If any changes are made to these General Terms and Conditions, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you or the Authorized Users but will apply to all similarly situated eLaw customers using the Online Services. You may terminate the Subscription Agreement upon written notice to eLaw if any change to these General Terms and Conditions is unacceptable to you. For termination to be effective under this Section 6.1, written notice of termination must be provided to eLaw within 45 days of the effective date of the change. Continued use of the Online Services following the effective date of any change to these General Terms and Conditions constitutes acceptance of the change but does not affect the foregoing termination right. Except as provided above, the Subscription Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, the Subscription Agreement may not be supplemented, modified or otherwise revised by email exchange even if the email contains a printed name or signature line bearing signature-like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated.
6.2 You or eLaw may terminate the Subscription Agreement at any time in accordance with this Section 6.2. The effective date of termination shall be 10 days after the receipt of written notice of termination, unless a later date is specified in the notice. eLaw may temporarily suspend or discontinue providing the Online Services to any Authorized User without affecting other Authorized Users without notice and pursue any other legal remedies if you or any Authorized User fails to comply with any obligations under the Subscription Agreement. By way of example only, and not by way of limitation, an Authorized User's failure to pay invoices on a timely basis or the sharing of an eLaw ID in violation of Section 2.1, shall be grounds for eLaw to suspend or discontinue providing the Online Services to the offending Authorized User.
6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by eLaw. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Legal notices to eLaw should be sent to eLaw, PO Box 1027, Summit, NJ 07902.
6.4 The failure of you, eLaw, or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
6.5 Neither you nor any Authorized User may assign your rights or delegate your duties under the Subscription Agreement to access and use the Online Services and Materials without the prior written consent of eLaw, which consent shall not be unreasonably withheld. The Subscription Agreement and any amendment thereto and shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns.
6.6 eLaw's ability to provide information to its customers is regulated by a variety of privacy, data protection, and other laws in a variety of jurisdictions. You acknowledge and agree that eLaw will perform a due diligence review of you and that the due diligence review will be heightened if you desire access to sensitive information. You agree to reasonably cooperate with eLaw to provide all information reasonably necessary for eLaw to comply with applicable laws. You further acknowledge and agree that if you fail to cooperate with eLaw's due diligence review, eLaw may decline to provide you with access to the Online Services or to certain types of information. If you have entered into a fixed price amendment with eLaw but eLaw is unable to provide you with some of the Materials in your subscription due to your non-cooperation, eLaw may restrict your access in order to comply with applicable law but will be under no obligation to reduce your monthly commitment. In the rare case that eLaw is unable to provide you with access to any of the Materials available in the Online Services, eLaw will terminate the Subscription Agreement and any applicable fixed price amendment without fine or penalty to you. Finally, you also agree that during the term of the Subscription Agreement eLaw may perform periodic reviews of your use of regulated data in order to comply with regulatory, data security, privacy and license restrictions, and that the reviews may include, but are not necessarily limited to, asking you to verify your permissible purpose for accessing such data. You agree to cooperate with eLaw in any such review and to promptly produce all records and documentation reasonably requested by eLaw for this purpose.
6.7 If you, any of your Authorized Users, or any person you or your Authorized Users permits to use the eLaw Online Services or who gains access through an Authorized User's failure to properly secure his or her eLaw ID (a "User") should access or use regulated data in an unauthorized manner (a "Security Event"), then the following provisions will apply: (a) if required by applicable law, you will notify the individuals whose information has potentially been accessed or used that a Security Event has occurred; (b) you will notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required by law; (c) the notification will not reference eLaw or the product through which the regulated data was provided, nor will eLaw be otherwise identified or referenced in connection with the Security Event, without the express written consent of eLaw; (d) you will be solely liable for all claims that may arise from a Security Event caused by you, your Authorized Users or a User and you will indemnify eLaw for any third party claims directed against eLaw that arise from such Security Event; and (e) all such notifications and indemnity claims related to your Security Event will be solely at your expense.
6.8 The Subscription Agreement shall be governed by and construed in accordance with the laws of the State of New York , including but not limited to CPLR Section 901, regardless of the law that might otherwise apply under applicable principles of conflicts of law.
6.9 The Subscription Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of the Subscription Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of the Subscription Agreement.
6.10 Where applicable, each affiliated company of eLaw and each third party supplier of Materials has the right to assert and enforce the provisions of the Subscription Agreement directly on its own behalf as a third party beneficiary.
6.11 The Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. eLaw cannot and will not be responsible to you or any Authorized User for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
6.13 The Subscription Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.
Supplemental Terms & Conditions for use of the eLaw Services
as of February 16, 2021
SUPPLEMENTAL TERMS FOR SPECIFIC MATERIALS AND SERVICES
These Supplemental Terms for Specific Materials and Services contain terms applicable to certain Materials or Services. You may not have access to all of the Materials or Services referenced herein:
I. Dates & Dockets
New York State Unified Court System Docket information
Most of the Date and Docket information for New York state cases and county clerks is provided by agreement with the the New York State Unified Court System ("UCS"). The UCS does not warrant the comprehensiveness, completeness, accuracy or adequacy for any particular use or purpose of the information contained in its databases and expressly disclaims all other warranties, express or implied, as to any matter whatsoever. Neither the UCS, its courts, court related agencies or its officers or employees shall be responsible for any loss or damage caused by the use of the information contained in any of its databases.
II. eServe/eFile Online Service
Master Service Agreement
IMPORTANT. PLEASE READ CAREFULLY. THIS IS AN AGREEMENTBETWEEN YOU, "USER," AND ELAW. THIS AGREEMENT CONTAINS PROVISION REGARDING THE ELECTRONIC FILING AND SERVICE OF LEGAL DOCUMENTS VIA ELAW EFILE/ESERVE.
1. Additional Defined Terms
1.1. "Acceptance Period" means two (2) full non-legal holiday court business days.
1.2. "Agreement" means this eLaw Master Service Agreement for eServe/eFile.
1.3. "Certificate of Service" means an email confirmation sent by eLaw to User indicating the date and time that Recipient received the Deliverables electronically or otherwise.
1.4. "Confirmatory Email" means the email notification sent to Recipient confirming that Recipient has successfully downloaded the Deliverables and allows Recipient to report an error in such downloading to eLaw.
1.5. "Court" or "Courts" means the relevant local, state or federal court, or Private Alternative Dispute Resolution Forum, in which the User represents a client or has otherwise entered an appearance and in the court in which the action is pending.
1.6. "Court Rules" means the statutes, laws, decisions and rules governing the service of legal documents with regard to matters or actions initiated or pending in the relevant Court.
1.7. "Court Business Day" means a non-emergent closed, non-holiday weekday during the which the Courts are open for the regular transaction of business.
1.8. "Deliverables" means all pleadings, court documents or other submissions between the User and other parties to a law suit and/or the Court, if made possible by the Court's applicable service and filing rules that User has emailed or uploaded to eLaw.
1.9. "Deliverables Notice" means the email notification sent to Recipient indicating that Deliverables are available to be downloaded by Recipient.
1.10. "eLaw.com" or "the Web site" means the Internet URL address of www.eLaw.com.
1.11. "elawdoc.com" is a direct link to the eServe/eFile Online Service.
1.12. "Electronic Transmission" means the electronic delivery of Deliverables to a Recipient by eLaw through the eServe/eFile Online Service, including email and fax.
1.13. "Email Inbox" means the Email Inbox of User at which the User receives email addressed to the email address set forth on the User's eLaw registration page and associated with the eLaw ID.
1.14. "Recipient" means any of the following: a party, attorney or adversary in a case in which User represents a client that User has indicated requires delivery of certain Deliverables uploaded or emailed by User to eLaw. For the purposes of this Agreement, all Recipients are also Users who have accepted this Agreement. Any e-mail recipient who has not accepted this Agreement, shall be referred to herein as a "non-subscribing recipient".
1.15. "Service Fees" means the cost to User to use the Service and any additional fees imposed by the Courts or private Alternative Dispute Resolution providers for the use of electronic services pursuant to this Agreement.
2. Service and Limitations of Service
2.1. User acknowledges, by accepting the terms of this Agreement, that any and all Deliverables served upon User, as a Recipient, by Electronic Transmission shall be deemed served as of the date(s) set forth in Section 3 and in compliance with all applicable Court rules for the service of such Deliverables as if same were reduced to paper and served by those means specifically permitted by such Court rules, provided:(a) the email address to which the Electronic Transmission is sent, as set forth on the User's eLaw registration page and associated with the User ID, is a valid, existing and operable destination from which such Electronic Transmission is neither rejected nor returned; and (b) User, as recipient, does not report an error in viewing or downloading Deliverables to eLaw either by email, Confirmatory email, telephone or any other method of communication reasonably likely to notify eLaw of a transmission error in a timely fashion.
2.2. User acknowledges that the eServe/eFile Online Service is a convenience service, and that User can make alternative arrangements to deliver any necessary documents in the event that the eServe/eFile Online Service is unavailable or malfunctioning. User acknowledges that the timely filing and delivery of motions, briefs and other documents in compliance with statutes, regulations, court rules and orders requires the professional judgment of an attorney, and that attorneys appearing in a case are ultimately responsible for the timely filing and delivery of any such documents. While eLaw will use reasonable efforts to electronically transmit any Deliverables for which Service Fees have been paid, User agrees that neither eLaw, nor any of its licensors, suppliers or contractors, shall have any liability whatsoever associated with the delivery or failure to deliver any Deliverables submitted via the eServe/eFile Online Service.
2.3. Service shall include, but not be limited to the following:
2.3.1. "Electronic Delivery" which is the Electronic Transmission of Deliverables to Recipients who subscribe to this Service.
2.3.2. "Courier Delivery" which is the delivery of User's Deliverables via hand delivery, or overnight courier to a Recipient non-subscribing recipient or a Recipient that had technical difficulties accessing the Deliverables electronically. Where such Courier Delivery includes a Summons, complaint or other document, the service of which is pursuant to the commencement of an action or proceeding and intended to exercise personal jurisdiction over the person or entity so served, eLaw, through its affiliates and partners, shall serve and deliver User's Deliverables in a manner appropriate to effectuate such personal service and in accordance with all applicable laws, rules, practices and customs regarding the service of legal process in the applicable jurisdiction. Anything contained herein to the contrary notwithstanding, nothing in this paragraph shall be deemed or construed to diminish, limit, or otherwise modify eLaw's limitation of liability or exclusion of consequential damages for a failure to timely or properly serve legal process.
2.3.3. The Service also includes eLaw's delivery of a Certificate of Service, Affidavit of Service (Courier Delivery), Confirmatory Email, and/or a Deliverables Notice.
3. Acceptance of Deliverables
3.1. User, when a Recipient, shall be deemed to acknowledge service of an Electronic Transmission sent by email when User, as a Recipient, clicks on the link in a message in their Email Inbox or otherwise engages the Deliverables to be viewed, so long as a subsequent error report is not made by User, as Recipient. The date and time of service shall relate back to the time User, as Sender, engaged the eServe/eFile Service to serve User, as Recipient, as reflected in the date and time logs of the eLaw system servers.
3.2. If Recipient has technical difficulty opening the electronic message within the Acceptance Period, Recipient shall notify eLaw immediately via email and orally to the designated eLaw representative as to the method of delivery eLaw shall deliver the Deliverables. Such reporting of difficulty shall nullify any attempted service prior to such report for that particular Deliverable for which service is attempted.
3.3 If Recipient neither accepts the email link, by clicking on it to view the Deliverables, nor reports an error viewing the Deliverables or other trouble with the transmission, within the Acceptance Period as measured from the date and time the sending User clicked on the Send/Submit action, then User, as Recipient, shall be deemed to acknowledge service as though User, as Recipient, had clicked on the link or otherwise engaged the Deliverables to be viewed. The date and time of service shall relate back to the time User, as Sender, engaged the eServe/eFile Service to serve User, as Recipient, as reflected in the date and time logs of the eLaw system servers.
3.4 If a non-subscribing recipient neither accepts the email link, by clicking on it to view the Deliverables, nor reports an error viewing the Deliverables or other trouble with the transmission, within the Acceptance Period as measured from the date and time the sending User clicked on the Send/Submit action, then the User, as Sender, hereby authorizes eLaw to serve said non-subscribing recipient by any other permitted means, including Courier Delivery, as referenced, hereinabove, and User, as Sender consents to the imposition of eLaw's regular charges to User's account for the performance and completion of such service.
4. Miscellaneous provisions
4.1. In many instances, the form, format and content of Deliverables uploaded on eLaw is governed by various Court Rules. User is responsible for complying with all applicable Court Rules affecting any Deliverable, particularly those related to electronic filing and signature issues. ELAW WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE COURT'S REJECTION OF AN ELECTRONIC FILING BASED UPON A USER'S FAILURE TO COMPLY WITH APPLICABLE COURT RULES. The uploading of Deliverables shall be conclusively presumed to originate from, and bear the identity of, the User whose eLaw registration is associated the eLaw ID for the uploading account. Where permitted, whenever Court Rules relating to electronic filing substitute a User ID/Password login combination for a handwritten signature (or facsimile thereof) or otherwise, a User's eLaw ID shall also serve this same User identity verification purpose.
4.2. User is solely responsible for the accuracy of information emailed and uploaded to eLaw.
4.3. User is solely responsible for notifying eLaw of any changes in User's contact information including, but not limited to, changes in mailing address, facsimile number or email address.
4.4. User is solely responsible to check User's Email Inbox to see if Recipient(s) received User's Deliverables. User will receive a Certificate of Service via email from eLaw indicating receipt of the Deliverables.
4.5. User is responsible for uploading or emailing Deliverables to eLaw for Electronic Transmission to the Recipient.
4.6. User is responsible for insuring that uploaded Deliverables are free of viruses. If User has emailed or uploaded a Deliverable with a virus, eLaw has no responsibility for electronic transmission problems caused by the virus. At a minimum, User shall install a commercial virus detection program to scan files and Deliverables submitted to eLaw electronically. The Parties agree, however, that no virus detection software is one-hundred percent effective against all viruses, and eLaw shall have no liability regarding the contamination of files or Deliverables.
4.7. Once Deliverables are emailed or uploaded to eLaw by the User, eLaw will send an email to the Recipient (the Deliverables Notice) indicating a link and password to a web site where the Deliverables can be downloaded. By clicking on the link, eLaw will enable the Recipient of the e-mail to download the Deliverables. If the Recipient is a Court, Deliverables shall be transmitted to said Court in accordance with the procedure and protocol developed between eLaw and the Court and subject to the limitations incident thereto over which eLaw has no control, including but not limited to: (1) the Court's systems availability and accessibility; (2) the Court's date and time stamp; and (3) Court personnel required or designated to receive, intake or process said Deliverables.
4.8. Upon Recipient's downloading of the Deliverables, eLaw will send a Confirmatory Email to the Recipient indicating that the Deliverables were successfully downloaded by the Recipient.
4.9. A Certificate of Service will be sent to User via email providing User with a date and time record confirming the time the email was opened and the time and date the Deliverables were accessed and downloaded by Recipient. eLaw will also provide a Certificate of Service (or Affidavit of Service) to User with a date and time record that the Deliverables were received via the mails (or by Courier Delivery) if Recipient is not a subscriber to the Service or, in the alternative, if Recipient is a subscriber to the Service but had technical difficulty downloading Deliverables and informed eLaw of such difficulty.
III. eLaw Calendar Link and Text Messaging Services
1. Description of Service - eLaw Calendar Link offers opposing attorneys the ability to quickly and easily locate one another in court on the day of an appearance via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts (collectively "Text Messaging Services"). Enrollment in text alerts requires a User to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia and to text a message containing the court, county and index number of a pending active case (the "Case") to 1-888-356-3674. You may also enter your name when prompted. If you enter your name, it will be shaed with any other party or opposing counsel who enrolls the same Case on the same day.
2. Consent to Receive Text Messages - By enrolling to receive eLaw Calendar Link text alerts, you agree to these terms and conditions, and to receive text messages, which becomes effective upon your enrollment. If at any time you do not agree with these terms and conditions, or any future modifications to these terms and conditions, or you wish to stop receiving text messages, your sole and exclusive remedy is to stop use of the Text Messaging Services (see Opt Out, below)
2. Messages and Alerts -You acknowledge and agree that text message alerts will be sent to the mobile phone number you provide to eLaw Calendar Link. Such alerts will include the mobile phone number of the opposing attorney who has also enrolled for the same Case on the same day and may also include additional information about your Case. Whoever has access to the mobile phone or carrier account will also be able to see this information. You also acknowledge and agree that if a match is found, your mobile phone number will be provided to the User who enrolled for the same Case on the same day. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about the opposing attorney or other information regarding the Case.
3. Fees and Costs â€" Currently, eLaw Calendar Link does not impose a separate charge for text alerts; however, your mobile carrierâ€™s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
4. Opt Out - You may opt out of eLaw Calendar Link text alerts at any time. To stop receiving text alerts, text STOP to 1-888-356-3674. Texting STOP to 1-888-356-3674 will opt you out of all future eLaw Calendar Link text messages. After you submit a request to stop, you will receive one final text alert from eLaw Calendar Link confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-activate your enrollment by texting UNSTOP to 1-888-356-3674 or by re-enrolling with another case on another day. For questions about text alerts contact eLaw customer service at 1-212-209-3354.
5. Disclaimer â€" eLAW TEXT MESSAGING SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. eLAW DOES NOT WARRANT THAT THE TEXT MESSAGING SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, IS AVAILABLE IN ALL LOCATIONS AT ALL TIMES OR THROUGH ALL MOBILE/CELLULAR CARRIERS OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. eLAW DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE TEXT MESSAGING SERVICE, THE SUITABILITY OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE TEXT MESSAGING SERVICE.
6. Limitation of Liability - NEITHER eLAW NOR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE TEXT MESSAGING SERVICE, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, EVEN IF eLAW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination - eLaw reserves the right to cease delivery of text alerts to any person at any time in its sole discretion, with or without notice.
eLaw.com has adopted a set of information management guidelines, which serve as the basis for our customer and advertiser relationships. These guidelines disclose the privacy policies for the entire eLaw.com group of Web sites. These guidelines are subject to change. Any such changes will be posted on this page.
NOTE: eLaw is not responsible for the content or the privacy policies of Web sites to which it may link.
What information does eLaw gather?
Registration: When you register, eLaw requires that you supply your full name, e-mail address, and other identifying information. If the email address provided is not valid, or becomes invalid during the term of any use or subscription, the eLaw ID associated with that e-mail address will be deactivated.
Credit Cards: Use of many of the Online Services requires either a valid authorized credit card, or prior credit billing arrangement and requires additional information to be collected . eLaw uses recognized third party online credit card transaction processors to facilitate online financial transactions and all relevant servers use Secure Sockets Layer (SSL) protocol, or equivalently secured and recognized protocols, to safeguard your information during the online transaction process. SSL encryption technology, and its recognized equivalents, are the generally-accepted methods for transaction security in online ordering and encrypts your personal information, such as credit card number, name, and address, as it is transmitted over the Internet. Further, the use of a credit card for payment purposes is subject to the protection of the Fair Credit Billing Act, 15 U.S.C. s1666.
IP Addresses: eLaw also logs IP addresses for traffic management, systems administration and security, and troubleshooting purposes.
Mobile Phone Numbers: To enroll in eLaw Calendar Link and Text Messaging Services, you send us your mobile/cellular telephone number, your name, and the case you are appearing on, which information is then stored on our servers and is accessible to us and others. We will share your mobile number and your name with other parties and/or opposing counsel who enroll in the same case on the same day, even if you later choose to STOP messaging and Opt Out.
How do we Use Information we collect?
eLaw only uses your personal information for specific purposes
The personal information you provide to us when using our Web site or Text Messaging Services -- such as your name, postal or e-mail address, mobile/cellular phone number or landline telephone number -- will be used to support your customer relationship with eLaw. It also may be used to notify you of special offers, updated information and new products and services from eLaw, or offers from third parties that we think may be of interest to you. We may also use information collected from you as may be necessary for offering such feedback and evaluation services at this Web site. Agents or contractors of eLaw who are given access to your personal information will be required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for eLaw.
eLaw may enhance or merge your information collected at its site with data from third parties for purposes of marketing products or services to you.
Circumstances may arise where we are required to disclose your personal information to third parties for purposes other than to support your customer relationship with eLaw, such as in connection with a corporate divestiture or dissolution where we sell all or a portion of our business or assets (including our associated customer lists containing your personal information), or if disclosure is required by law or is pertinent to judicial or governmental investigations or proceedings.
You can opt-out of receiving further marketing from eLaw at any time
We will send you information about our various products and services, or other products and services we feel may be of interest to you. Only eLaw (or agents or contractors working on behalf of eLaw and under confidentiality agreements) will send you these direct mailings. If you do not want to receive such mailings, you can easily opt-out of receiving further marketing from eLaw by emailing us at email@example.com. Remember that many of the Online Services require a valid email address to receive important notifications regarding active court cases and associated appearances. Unless you tell us otherwise, we will presume your opt-out intention is limited only to marketing materials and not intended to disrupt emails communication associated with your use of the Online Services, or any important changes thereto.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How You Can Access Or Correct Your Information
You can request a copy of the personally-identifiable information that eLaw has collected about you via the Internet by contacting our Information Privacy Manager at the address below. You can also have factual inaccuracies in this information corrected by contacting this same person.
How To Contact Us
If you would like to contact us for any reason regarding our privacy practices, please write or e-mail us at either of the following addresses:
Information Privacy Manager
PO Box 1027
Summit, NJ 07902