1. Electronic Transactions. CourtTrax may provide all agreements, disclosures and notices electronically, including any that CourtTrax is otherwise required to provide in “writing.” We will provide these in screen text or deliver a copy to the email address that you provided to us during registration.
2. Use of Services. Provided you have paid all invoices issued by CourtTrax pursuant to section 4 of this Agreement, CourtTrax hereby grants you the number of user IDs and passwords that are specified for your account and a non-exclusive, non-transferable, limited license to access the Services. Access to the Services may be modified or restricted at any time by CourtTrax. The license includes the right to download and store the data provided with the Services to a device under your control for the purpose of internally displaying such data or using such data in work product you create in the ordinary course of your business. Except for the limited license granted by this Agreement, all right, title and interest in the Services and data provided via the Services, including all copyrights, are and will continue to be the exclusive property of CourtTrax and its suppliers.
You agree that the password and user ID provided to you are solely for your internal use and you will not provide them to other parties without our written consent. Furthermore, you agree that your password and user ID are proprietary information of CourtTrax and you will hold these in strictest confidence.
Information you obtain through the Services may only be used in the ordinary course of your business. You agree that you are responsible for ensuring that access and use of the information obtained through the Services will be used by you and your employees in a proper and legal manner, that access is available only to you or your authorized employees, and that use of the information will comply with any applicable state and federal laws, including but not limited to the Fair Credit Reporting Act, court rules, and court orders.
You agree not to use or furnish to a third party, any individual name, address or other identifying information obtained through the Services for the purpose of making commercial contact with the individuals named or otherwise identified for solicitation purposes.
CourtTrax reserves the right, in our sole discretion, to make any changes we deem appropriate relating to the information and data provided under this Agreement, at any time and without prior notice. Such changes include, but are not limited to altering the character and format of the information and data. If such changes are made, we will notify you as soon as practical.
You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Services.
3. Payment Terms. You agree to pay the fees you are charged by CourtTrax for the Services, payment of which is due on receipt of a CourtTrax invoice. You understand that CourtTrax reserves the right to suspend or discontinue your account if payment is not received within thirty (30) days of the invoice date.
4. Record Retention. You agree to print (or copy) and retain agreements or disclosures that CourtTrax is required to deliver to you in writing. To the extent required by law, CourtTrax instructs you to retain a copy in your legal records. You may make a paper copy by pressing the “print” button on your browser; you may make an electronic copy by selecting the “save file” option in your browser. As a customer service, CourtTrax may attempt to locate data for you if we still have it when you ask for it, but CourtTrax does not assume any duty to retain or produce data and CourtTrax reserves the right to charge a retrieval fee. CourtTrax grants you a revocable, limited license to print copies of this Agreement for the purpose of documenting your transactions.
5. FCRA Restrictions. CourtTrax is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information in any CourtTrax report has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. You shall not use any of our information as a factor in (1) establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or (3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
6. Infringement Of Our Rights or the Rights of Others. The CourtTrax Site is protected by intellectual property laws and you agree to respect them. Any rights not expressly granted to you are reserved. You shall not gain any proprietary right to or interest in any information or data provided through the Services. You agree that you will not (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any action or transaction being conducted on it; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Site without our prior written permission, or that of the appropriate third party. You also agree not to access our Site by any means other than through the interface that is provided by us. See CourtTrax’s Legal Notices for more information about our trademarks and copyrights. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement may provide a Notice to our Copyright Agent (click on “Notice” to see the requirements – clicking will take you to Legal Notices).
7. NO WARRANTIES; AS IS. YOU AGREE THAT OUR SITE, ALL INFORMATION ON IT AND OBTAINED THROUGH IT, ALL SERVICES PROVIDED BY US OR ANY OF OUR AFFILIATES OR AGENTS, AND ANY OTHER SERVICE THAT WE NOW OR HEREAFTER PROVIDE, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO THE QUALITY, ACCURACY AND PERFORMANCE OF THE SITE AND ANY INFORMATION OBTAINED THROUGH OUR SERVICES IS WITH YOU. WE DO NOT MAKE ANY EXPRESS WARRANTIES AND, WE DISCLAIM ALL WARRANTIES AND DUTIES OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY DUTIES OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. WITHOUT LIMITATION, YOU AGREE THAT WE AND OUR AFFILIATES OR AGENTS DO NOT MAKE ANY WARRANTIES OR UNDERTAKE ANY DUTIES REGARDING THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME, TIMELINESS OF SERVICES OR ACCURACY OR CURRENCY OF ANY SITE CONTENT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY EXPERIENCE OR OF THE SITE, OR AGAINST INFRINGEMENT.
8. DISCLAIMERS OF WARRANTY AND VERIFICATION OF INFORMATION. NO COURT HAS MADE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY COMPUTER PROGRAMS OR ANY INFORMATION PROVIDED UNDER THIS AGREEMENT. NEITHER HAS ANY COURT PROVIDED ANY WARRANTIES, EXPRESS OR IMPLIED, THAT THE INFORMATION OR DATA PROVIDED IS ACCURATE, CURRENT, CORRECT, OR COMPLETE. IT IS EXPRESSLY UNDERSTOOD THAT IT IS YOUR RESPONSIBILITY TO VERIFY INFORMATION OR DATA OBTAINED UNDER THIS AGREEMENT WITH OFFICIAL COURT INFORMATION REPOSING AT THE COURT OF RECORD. NO OTHER WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, ARE MADE IN CONNECTION WITH THIS SERVICE.
9. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR SUPPLIERS, AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, ANY EXPERIENCE OR OTHER SERVICE OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.
10. COURTTRAX LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. You agree that your sole remedy for any breach of this Agreement by us or any of our affiliates or agents shall be refund of the fees that you have paid for the Services, prorated for that portion of the Services for breach resulted damages incurred by you in reasonable reliance on us. You agree that the damage exclusions in the Agreement and this limitation of liability shall apply even if any remedy fails of its essential purpose.
11. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND ACCEPT THAT ALL INFORMATION AND DATA PROVIDED UNDER THIS AGREEMENT IS PROVIDED ON AN “AS IS” BASIS AND THAT THE INFORMATION AND DATA MAY BE SUBJECT TO ERROR OR OMISSION AND, THEREFORE, AGREE THAT NO COURT SHALL BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR THE VALIDITY OF ANY DATA PROVIDED OR FOR THE USE OF THE INFORMATION AND DATA PROVIDED. SPECIFICALLY: (A) NO COURT SHALL BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OF ACTION, FOR ANY DAMAGES RESULTING FROM THE USE OF ANY COMPUTER PROGRAMS, INFORMATION, DATA, OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT; (B) NO COURT SHALL BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OF ACTION, FOR ANY DAMAGES ARISING FROM INCORRECT OR INCOMPLETE INFORMATION OR DATA PROVIDED UNDER THIS AGREEMENT; AND (C) NO COURT SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING REVENUE, PROFITS, TIME, GOODWILL, COMPUTER TIME, DESTRUCTION, DAMAGE OR LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE WHICH MAY ARISE FROM THE USE, OPERATION, OR MODIFICATION OF DATA PROVIDED UNDER THIS AGREEMENT.
12. Linked Sites. Our Site may contain links to sites of third parties. While their services might be helpful to you, they are independent businesses and we do not control or endorse them. You agree to visit them and use their services at your own risk.
13. Termination or Cancellation of Agreement. Either you or we may terminate or cancel this Agreement with or without cause or notice at any time. Notwithstanding termination (or cancellation), you will still be liable for payment of any amounts due or other obligations incurred before termination or cancellation, whether the Agreement is ended by you or by us. We may also suspend your or block your use of the Site or direct you to cease using it, if we believe in good faith that you or a related person has breached or may breach this Agreement.
14. Miscellaneous; Entire Agreement. This Agreement, as may be amended from time to time, your registration forms, and the disclosures provided by us and the consents provided by you on the Site, constitute the entire agreement between you and us. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions shall remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
15. Amendments. You agree that we may from time to time amend or add to the terms and conditions of this Agreement (“Amendments”), including without limitation, Amendments that change payment methods or requirements. When practical, we will endeavor to give you 30 days prior notice of Amendments. When such notice might expose us or others to harm, we reserve the right to provide notice after the Amendment. All Amendments will be effective 30 days after notice unless an earlier time is specified by us. Any use of our Site after that date shall be your consent to the amended terms. If you do not want to be bound by an Amendment, you will need to terminate your registration and refrain from using the Site after that date. No changes proposed by you or us will be effective unless and until they appear in this Agreement or in the Amendments as posted by us in the Legal Notices section of our Site. No other Amendments will be valid unless they are in a paper writing signed by us and by you.
16. Notices. Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to us by postal mail to: 1180 NW Maple Street, Suite 302, Issaquah, Washington 98027.
If applicable law requires that we accept email notices (but not otherwise), then you may send us email notice at email@example.com. With respect to our notices to you, we may provide notice of Amendments by posting them in the Legal Notices section and you agree to check for changes. Instead or in addition, we may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice shall be deemed given 3 days after the date of mailing.
17. GOVERNING LAW; EXCLUSIVE JURISDICTION. This Agreement, the performance of the Services, provided by or in any manner relating to us, and all other matters that relate in any way to the Site or the Services, shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. Any disputes arising under or related in any way to this Agreement, the Site or any Services shall be litigated, arbitrated or otherwise heard in the appropriate forum in Washington. The parties hereto hereby consent to jurisdiction over them in arbitration in any state or federal court sitting in King County, Washington, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Washington law.
18. ASSIGNMENTS. You may not assign or sublicense or otherwise transfer this Agreement or any portion of it without our written consent. If, as a result of a merger, acquisition or other change of control, your use of the Services will fail to comply with the Limitation on Who May Use the Services that is specified in section one of this Agreement, your right to use the Services is terminated, and we agree to provide you with a pro rata refund for any portion of the Services for which you have paid but are unable to receive.
All contents of the www.courttrax.com (“Site”) are: Copyright © 2009 CourtTrax and/or its suppliers, Bellevue, Washington, U.S.A. All rights reserved. CourtTrax and/or other CourtTrax products referenced herein are either trademarks or registered trademarks of CourtTrax. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
CourtTrax respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way that constitutes copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
Copyright infringement claims and notices (but not other notices) should be sent to the attention of Paul Ledbetter, in the following manner:
by mail: CourtTrax 12600 SE 38 Street, Suite 150. Bellevue, WA 98006
by phone: 425-643-7077
by fax: 425-643-7079
by email: firstname.lastname@example.org