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.
GENERAL TERMS & CONDITIONS FOR USE OF THE ONLINE SERVICES
Oct 1, 2016
NOTE: The information and services provided at eLaw.com, and linked or affiliated
Web sites 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 (as hereafter defined) is not warranted or guaranteed.
Your use of this Web Site, the Online Services and Materials and affiliated or linked
sites is ENTIRELY AT your own risk.
The terms and conditions listed below govern use of the online services (the "Online
Services") distributed by means of an internet URL address ("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
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 it
and 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 created
for 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
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
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
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
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
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
6.12 Acceptance of the terms and conditions contained in the Subscription Agreement
also constitute acknowledgment and acceptance of the eLaw
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
Supplemental Terms & Conditions for use of the eLaw Services
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. Bench & Bar™ (powered by Lawyers Diary and Manual
®) User Generated Content
The eLaw Bench & Bar™ Online Service (the "Service") allows
you or an Authorized User to add content to various directory listings by means
of annotations, notes and comments for your personal use.
1. User Content. Any content, information, graphics, audio, images,
and links you submit as part of an annotation is referred to as "User Content"
in this Agreement and is subject to various terms and conditions as set forth below.
2. Cautions Regarding Other Users and User Content. You understand
and agree that User Content may include your information, views, opinions, and recommendations
regarding many individuals and organizations and is designed to help you access
information you need in your business. Importantly, you are responsible for your
own User Content and for properly analyzing and verifying any information you intend
to rely upon. We do not routinely screen, edit, or review User Content. However,
we reserve the right to monitor or remove any User Content from the Service at any
time without notice.
3. Grant of Rights and Representations by You. If you upload, post
or submit any User Content on a Service, you represent to us that you have all the
necessary legal rights to upload, post or submit such User Content and it will not
violate any law of the rights of any person. You agree that upon uploading, posting
or submitting information on the Service, you grant eLaw and our respective affiliates
and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free,
perpetual, irrevocable right and license to use, distribute, publicly perform, display,
reproduce, and create derivative works from your User Content in any and all media,
in any manner, in whole or part, without any duty to compensate you.
4. Removal of Content. We may also remove any User Content for
any reason and without notice to you. This includes all materials related to your
use of the Service or subscription thereto, including email accounts, postings,
profiles or other personalized information you have created while on the Service.
5. Copyright/IP Policy. It is our policy to respond to notices
of alleged infringement that comply with the Digital Millennium Copyright Act. eLaw
has registered with the United States Copyright Office in accordance with the terms
of the Digital Millennium Copyright Act (the "Act") and avails itself
of the protections under the Act. eLaw reserves the right to remove any Content
that allegedly infringes another person's copyright. eLaw will terminate, in appropriate
circumstances, subscribers and account holders who are repeat infringers of another
person's copyright. Notices to eLaw regarding any alleged copyright infringement
should be directed to eLaw, LLC, attn: Copyright Infringement Officer via courier
to 890 Mountain Ave., Suite 300, New Providence, NJ 07974 or via mail at PO Box
1027, Summit, NJ 07902; or via email at
II. 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.
III. 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
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
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
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
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
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
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
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.
IV. eJAMS (File & Serve)
V. ePer Diem Temporary Staffing Service
Master Service Agreement
IMPORTANT. PLEASE READ CAREFULLY. THIS IS AN AGREEMENT BETWEEN YOU AND ELAW. THIS
AGREEMENT CONTAINS PROVISIONS REGARDING THE STAFFING OF ATTORNEYS TO PROVIDE PROFESSIONAL
LEGAL SERVICES ON A TEMPORARY BASIS. YOU MUST BE A "QUALIFIED USER" AS DEFINED BELOW
TO USE THE ePER DIEM TEMPORARY STAFFING SERVICE. THE TERMS "YOU" AND "QUALIFIED
USER" ARE USED INTERCHANGEABLY THROUGHOUT THIS AGREEMENT.
1. Additional Defined Terms
1.1. "Agreement" means this eLaw Master Service Agreement for
ePer Diem Temporary Staffing Service.
1.3. "Confidential Final Report" means the report prepared by the Legal Service
Provider and delivered to You, the Qualified User, at the Email Inbox, which describes
the material actions, orders and outcome, if any, occurring at the Covering Assignment.
While eLaw will deliver this report through its internal servers, no employee or
manager of eLaw is able to review or access this report directly, as same is encrypted
on eLaw's server and accessible only to Legal Service Provider and the Qualified
User â€“ so as to assist You in maintaining any claims of confidentiality, attorney-client
privilege or attorney work product over the report.
1.4. "Confirmation of Assignment" means an email confirmation sent by eLaw to the
Qualified User confirming that the Legal Service Provider has accepted
the Covering Assignment and intends to provide the requested professional services
on the scheduled date.
1.5. "Court" or "Courts" means the relevant local, state or federal court, or Private Alternative Dispute Resolution Forum, in which
a matter or action is pending and in which the Qualified User represents a party.
1.6. "Court Rules" means the statutes, laws, decisions and rules governing the matters or
actions initiated or pending in the relevant Court.
1.7. "Court Business Day" means a nonÂemergent, nonÂholiday weekday during which the relevant
Court is open for the regular transaction of business.
1.8 "Covering Assignment" means the specific Court appearance, event or transaction
for which a temporary attorney is requested by Qualified User.
1.9. "eLaw.com" or "the Web site" means the Internet URL address of www.eLaw.com.
1.10. "Email Inbox" means the Email Inbox of the
Qualified User at which the Qualified User receives email addressed to the email address set forth on the
Qualified User's eLaw registration page and associated with this eLaw ID.
1.11. "Qualified User" means a User, as that term is defined in eLaw's General Terms and Conditions,
who is also a duly licensed attorney in good standing and who uses this Service,
either personally or through an authorized employee who is acting under the supervisory
authority and at the express instructions of such licensed attorney. A licensed
attorney who uses the Service through an employee shall be responsible for the employeeâ€™s
compliance with this Agreement. Only a Qualified User is permitted to use eLaw's
ePer Diem Staffing Services. You may not use these Services if you are a pro se
litigant. The terms "Qualified User" and "You" are used interchangeably throughout
1.12. "Legal Service Provider" means the attorney or law firm assigned by eLaw
to provide Services in connection with the Covering Assignment, including the preparation
of the Confidential Final Report.
1.13. "Confidential Communications" or "Confidential Documents" means documents
and/or communications shared between the Qualified User and the Legal Service Provider
relating to the Covering Assignment, which are shared through eLaw's website. All
such Confidential Communications or Confidential Documents will be encrypted on
eLaw's internal servers and accessible only to the Qualified User and Legal Service
Provider to whom the Covering Assignment is assigned. eLaw and its employees will
not be able to view or access such Confidential Communications or Confidential Documents.
1.14. "Service" or "Services" means the eLaw ePer Diem temporary legal staffing
service as described herein. The Service is also an Online Service as that term
is defined and used in eLaw's
General Terms and Conditions.
1.15. "Service Fees" means the cost to the
Qualified User to use the Service. For each Covering Assignment,
the Qualified User will be billed a Service Fee, which will generally consist of
a fee for legal services (to Legal Service Provider) and a staffing fee (to eLaw).
These fees will generally appear on a single invoice, but will be separately delineated.
2. Service and Limitations of Service
2.1 You acknowledge, by using the Service and thereby accepting the terms of this Agreement,
that all requests for the Service, and all Services provided in connection with
the Covering Assignment are subject to eLaw's General Terms and Conditions, as well as these Supplemental
Terms and Conditions, as set forth herein.
2.2. You acknowledge that the Service is offered as a convenience to licensed
attorneys in good standing, and that You are free to make alternative arrangements
to meet Your professional obligations and responsibilities with regard to the Court
appearance, event or transaction which forms the basis of the Covering Assignment.
You further acknowledge that the decision to engage a temporary attorney requires
the professional judgment of an attorney, and that You are ultimately responsible
for the appearance and provision of services required by the Covering Assignment.
2.3. Service shall include, but not be limited to,
facilitating the following:
2.3.1. The Qualified Userâ€™s request to staff a Covering Assignment with a
qualified Legal Service Provider.
2.3.2. The Confirmation of Assignment, via email, to the Email Inbox, confirming
Legal Service Providerâ€™s availability and intention to appear at the Covering Assignment.
Please note that Your request to staff a Covering Assignment has not been accepted
by eLaw unless and until You receive the Confirmation of Assignment from eLaw, containing
the name and contact information of the Legal Service Provider to whom eLaw has
assigned this request. You are responsible for checking the Email Inbox to ensure
that You receive the Confirmation of Assignment.
2.3.3. eLaw's delivery of a Confidential Final Report,
prepared by the Legal Service Provider to whom the Covering Assignment is assigned
via email to the Email Inbox.
2.3.4 eLaw's encryption and preservation of the Confidential Final Report, Confidential
Documents and/or Confidential Communications.
2.3.5 Your cancellation or rescheduling of the Covering Assignment request after
Confirmation of Assignment. Confirmed Assignments which are cancelled after 6:00
PM on the Court Business Day prior to the date of the Covering Assignment will be
charged at 50% of the quoted fee. Cancellations prior to 6:00 PM will not incur
a cancellation fee unless You and eLaw have expressly agreed to such a cancellation
3. Acknowledgments, Representations and Warranties by You the Qualified User:
By placing this request for a temporary attorney through the ePer Diem Staffing
Service, You acknowledge, represent and warrant the following, upon which eLaw and
its designated Legal Service Provider will rely:
3.1. You are a "Qualified User," meaning You are a duly licensed attorney in good
standing who is using the Service, either personally or through an authorized employee
who is acting under your supervisory authority and at your express instructions.
You are not a pro se litigant or party to the proceeding or matter for which a temporary
attorney is requested. You understand and acknowledge that eLaw's ePer Diem staffing
service is available only to licensed attorneys duly admitted and in good standing
in the jurisdiction in which the proceeding or matter is pending.
3.2 You are the attorney for the party on whose behalf a temporary attorney is
3.3 You have the consent, permission and authority of the party You represent
(i.e., your client) to engage a temporary attorney to represent that party in the
3.4 You have performed, or will perform, whatever conflict of interest or other
diligence is appropriate and required before engaging the ePer Diem temporary attorney.
3.5 You understand and acknowledge that eLaw is not a law firm, does not employ
attorneys directly, does not render legal advice and is not in any way engaged in
the practice of law. eLaw ePer Diem is a temporary staffing service. All professional
legal services are rendered by a Legal Service Provider to whom eLaw assigns this
3.6 Any and all comments or documents that You upload to eLaw's website are free
of virus or other malady which carry potential harm to hardware and/or software
which view or load them.
3.7. You are solely responsible for providing the Legal Service Provider with
all documents and information needed to perform the Services required for the Covering
4. Limitations on Liability
4.1. Neither eLaw nor any of its
employees shall have any liability whatsoever associated with the delivery or failure
to deliver the Service or in regards to a non-appearance or default with regard
to any Covering Assignment.
4.2 NEITHER ELAW NOR ANY OF ITS EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY
ADVERSE OUTCOME RESULTING FROM A COVERING ASSIGNMENT, INCLUDING WITHOUT LIMITATION,
A COURT' S ADJOURNMENT OF AN APPEARANCE, ENTRY OF DEFAULT, DISMISSAL, OR ANY
OTHER DECISION OR ORDER.
4.3. Anything contained herein to the contrary notwithstanding, nothing in this
Agreement shall be deemed or construed to diminish or limit eLaw' s limitation of
liability or exclusion of consequential damages (as set forth in eLaw's General Terms and Conditions) arising from the Services
contemplated by this Agreement.
5. Miscellaneous Provisions
5.1. You are solely responsible for the accuracy and propriety of information,
comments and documents transmitted to eLaw and/or Legal Service Provider, whether
by email, uploading to eLaw's website, or other means of transmittal. The uploading
of such information, comments and documents shall be conclusively presumed to originate
from, and bear the identity of, the Qualified User whose eLaw registration is associated
the eLaw ID for the uploading account.
5.2. You are solely responsible for notifying eLaw of any changes in
the Qualified User's contact information including, but not limited to, changes
in mailing address, facsimile number or email address.
5.3. You are solely responsible to check the Qualified User'
s Email Inbox - the email associated with the Qualified Userâ€™s eLaw account.
5.4. You, the Qualified User, will be charged the Service Fees for any Services
provided under this Agreement, and will be solely responsible those Service Fees,
irrespective of whether another person or entity instructs You to request the Services
or ultimately receives the benefit of the Services.
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.
Cookies: eLaw employs cookies to recognize you and your access
privileges to the various Online Services. Subscribers who do not accept cookies
may not be able to access all of the Online Services to which they have subscribed.
IP Addresses: eLaw also logs IP addresses for traffic management,
systems administration and security, and troubleshooting purposes.
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 -- such as your
name, postal or e-mail address or telephone number -- will be kept confidential
and 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
firstname.lastname@example.org. 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
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 email@example.com