Privacy Policy and Terms and Conditions of Use
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PRIVACY INFORMATION FOR eLaw.com
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 have been developed with the recognition that Internet technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, guidelines are subject to change. Any such changes will be posted on this page.
eLaw.com is not responsible for the content or the privacy policies of Web sites to which it may link.
What information does eLaw.com gather and/or track about you? Registration: When you register to receive free eDocket search capabilities, eLaw.com requires that you supply your full name, e-mail address, and minimal demographic information (for example, whether you are an attorney). Customers who register must agree to the Terms and Conditions of Use for use of the relevant service and/or the eLaw.com Web site. Extended Services: Many of eLaw.com’s services, such as eCopy and eServe, use an order form for you to subscribe to the extended capabilities on the site and/or to receive the eWatch e-mail. We collect a customer’s contact information and, in some cases, credit card information to bill the subscriber for these extended services. The use of a credit card for billing purposes is subject to the protection of the Fair Credit Billing Act, 15 U.S.C. s1666.
Anonymous Information: eLaw.com may also gather anonymous information, which may be used by eLaw.com. This is information which does not personally identify you, but which may be helpful for improving the services we offer. Generally this information is collected through "traffic data" and may entail the use of "cookies," "IP addresses," or other numeric codes used to identify a computer.
Cookies: eLaw.com employs cookies to recognize you and your access privileges on certain sites, such as the eWatch, as well as to track site usage. Subscribers who do not accept cookies from the domain cannot access all areas of eLaw.com’s group of Web sites. For detailed information about our use of cookies, please contact us using our e-mail form.
IP Addresses: eLaw.com also logs IP addresses for systems administration and troubleshooting purposes. (Your IP address indicates the location of your computer on the Internet.) We do not log IP addresses to track your session, nor do we link IP addresses to anything personally identifiable. What does eLaw.com do with the information it gathers and/or tracks? Statistical Analysis eLaw.com may perform statistical analyses of user behavior in order to measure interest in the various areas of our site for product development purposes.
E-Mail: If you elect to use value added services such as eWatch Alerts, you will receive docket changes by e-mail. Using the e-mail addresses provided at registration, we periodically send e-mails announcing enhancements to services offered by eLaw.com. eLaw.com may also contact you regarding account status, changes to the subscriber agreement, and to confirm registration.
Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online.
A Special Note About Children
Children are not eligible to use eLaw.com’s services, and we ask that minors not submit any personal information to us. If you are a minor, you may use this service only in conjunction with a parent or guardian.
COMMUNICATION WITH eLaw.com OR CONTENT PROVIDERS NOT CONFIDENTIAL
Because an attorney/client relationship is not created by use of eLaw.com, any communication with elaw.com or its content providers does not establish an attorney/client relationship and/or privilege.
Opting-Out, Corrections and Cancellations
Upon request, eLaw.com will (a) remove you and your personal information from our database, thereby canceling your registration; (b) correct personal information that you state is erroneous; or © permit you to "opt out" of further e-mail contact (excepting notification of major changes to the service) while still allowing access to the site. To request a correction or cancellation, contact us using our e-mail form.
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER eLaw.com WEB SITE. By using this Web site or any other Web site owned, operated, licensed, or controlled by eLaw.com ("eLaw.com Web site"), you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site or any other eLaw.com Web site following the posting of changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and other materials that are uniquely part of this Web site or any other eLaw.com Web site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by eLaw.com. No material from this Web site or any other eLaw.com Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other purpose is a violation of eLaw.com’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to eLaw.com.
Users may not use software or any other automated device to repeatedly access the elaw.com website or download content from the website with a frequency of more than once every three hours. Repeated downloading of content at a greater frequency may interrupt operation of the website. Any conduct which restricts or inhibits any other user from using the site, or interferes with the use of the site by any other user, is a violation of these terms and conditions.
TERMINATION. These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all eLaw.com Web site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. eLaw.com may terminate any account immediately without notice from eLaw.com if in eLaw.com’s sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other eLaw.com Web site(s) and all copies thereof, whether made under the terms of these terms or otherwise. eLaw.com may terminate the account of any user that engages in any conduct tending to interfere with, or interrupt, operation of the website, as determined solely by eLaw.com.
DISCLAIMER. Subscriber acknowledges the eLaw.com relies on others, including the compilers and reporters of public records, in providing the materials and the information. THE MATERIALS AND INFORMATION IN THE eLaw.com WEB SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, eLaw.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. eLaw.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER eLaw.com WEB SITE OR THE SERVER(S) THAT MAKES THE eLaw.com WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER AGREES TO HOLD HARMLESS eLaw.com FOR ANY VIRAL INFECTION OR OTHER COMPUTER MALFUNCTION CAUSED AT ALL ON PART BY USER’S USE OF THE SITE OR THE PRODUCTS. eLaw.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR ANY OTHER eLaw.com WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF THE USER ELECTS TO USE THE KEY WORD SEARCH AND MATCH CAPABILITY, eLaw.com DOES NOT WARRANT COMPLETENESS OF RESULTS. THE KEY WORD SEARCH AND MATCH CAPABILITY PERFORMS SOLELY AGAINST THE DOCKET ENTRY TEXT AND NOT THE CONTENT OF THE DOCUMENTS. YOU (AND NOT eLaw.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL eLaw.com BE LIABLE FOR ANY SPECIAL ,CONSEQUENTIAL, PUNITIVE, OR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE MATERIALS IN THIS WEB SITE OR ANY OTHER eLaw.com WEB SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCTS LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF eLaw.com OR A eLaw.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL eLaw.com’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER eLaw.com WEB SITE (S).
DELAYS. eLaw.com services and information is subject to interruption and delay. The subscriber acknowledges that this is not an error free environment and that some forms of electronic transactions need substantial lead-time for the transmissions of information. eLaw.com shall not be liable to the subscriber for interruption and delays.
INDEMNIFICATION. Subscriber will indemnify and hold harmless eLaw.com, its directors, officers, employees, and agents, and the elected and appointed officials and employees, officers, directors, and agents of the government and other entities that have contributed information to or provided services against any and all direct or indirect losses, claims, demands, expenses (including attorneys’ fees), or liabilities of whatever nature or kind arising out of subscribers access to the services, use or distribution of information provided.
FORCE MAJEURE. Our performance is subject to interruption and delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of equipment not under the control of either party, transmission line or communications failure or unavailability, industrial or labor dispute, inability to obtain necessary supplies and the like. Subscribers acknowledge that the Internet is not a perfect communication system, and that delays and possibly interruption of Internet access are inherent.
In no event will either party be responsible or liable for: (1) any problem relating to telephone lines or other transmission devices not entirely under the control of either party; (2) the unavailability of telephone lines or other electronic transmission lines or devices not under the control of either party that results in your inability to reach eLaw.com for the intended purpose; (3) transmission errors resulting from or in connection with any hardware or transmission not under the control of the parties or error not due to our willful or reckless act; (4) any alteration or destruction of Documents resulting from third parties’ unauthorized access to eLaw.com except to the extent that such access and alteration or destruction of information results directly from our willful or reckless act (5) any losses or damages or alteration or destruction of information on your computer system or elsewhere resulting from the transmission of computer viruses or other damaging or destructive software or software components by us or through eLaw.com, except in the case of our willful or reckless act.
NOT LEGAL ADVICE. The information contained at this Web site and any other eLaw.com Web site has been prepared by eLaw.com as a service to its readers and the Internet community and is not intended to constitute legal advice. eLaw.com has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this Web site or any other eLaw.com Web site. Users of information from this Web site or any other eLaw.com Web site or links do so at their own risk.
Any reference made by this Web site or any other eLaw.com Web site(s) to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by eLaw.com. Content on this and any other eLaw.com Web site(s) may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of law.com.
Because an attorney/client relationship is not created by use of elaw.com, any communication with elaw.com or its content providers does not establish an attorney/client relationship and/or privilege.
LINKS TO OTHER WEB SITES AND SERVICES. To the extent that this Web site and any other eLaw.com Web site(s) contain links to outside services and resources, eLaw.com does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
OTHER. These terms shall be governed by and construed in accordance with the laws of the State of New Jersey. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal court located in Essex County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
REGISTRATION
IN ADDITION TO THE OTHER OBLIGATIONS CONTAINED IN THIS TERMS AND CONDITIONS OF USE AND IN CONSIDERATION OF YOUR USE OF THE WEB SITE, YOU AGREE TO (A) PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION ABOUT YOURSELF, INCLUDING MAILING ADDRESS, AS PROMPTED BY THE REGISTRATION FORM AND (B) MAINTAIN AND PROMPTLY UPDATE THE REGISTRATION DATA TO KEEP IT TRUE, ACCURATE, CURRENT AND COMPLETE. IF YOU PROVIDE ANY INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE, OR eLaw.com HAS REASONABLE GROUNDS TO SUSPECT THAT SUCH INFORMATION PROVIDED IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE, eLaw.com HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICE (OR ANY PORTION THEREOF). ADDITIONALLY, eLaw.com MAY TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON OR NO REASON AT ALL, SO LONG AS SUCH REASON IS NOT OTHERWISE PROHIBITED BY APPLICABLE LAW.
TERMS AND CONDITIONS FOR PURCHASES, INVOICES AND PAYMENTS
FAILURE TO PROVIDE REQUIRED REGISTRATION INFORMATION WILL RESULT IN eLaw.com REJECTING SUBSCRIBERS APPLICATION FOR CREDIT AND OTHER BILLING CONSIDERATIONS OR ARRANGEMENTS. ALL CREDIT REQUESTS ARE SUBJECT TO REVIEW, AND ACCEPTANCE OR REJECTION BY eLaw.com, WHICH DECISION IS FINAL IN ITS SOLE DISCRETION. eLaw.com RESERVES THE RIGHT TO REJECT A SUBSCRIBER FOR CREDIT OR OTHER BILLING CONSIDERATION FOR ANY CAUSE AND WITHOUT REASON. BY MAKING A PURCHASE, WHETHER BY USE OF AN ACCEPTED CREDIT CARD OR THROUGH THE EXTENSION OF CREDIT TO YOU BY eLaw.com, YOU AGREE TO, REPRESENT AND WARRANT THE FOLLOWING (I) ANY CREDIT INFORMATION YOU SUPPLY IS TRUE AND COMPLETE; (II) YOU ARE AUTHORIZED TO USE WHATEVER CREDIT CARD YOU USE FOR PAYMENT; AND (III) TO PAY ALL AMOUNTS ACCRUED IN YOUR ACCOUNT, AS INVOICED, AT THE RATES AND PRICES POSTED THEREON (INCLUDING CHARGES INCURRED BY OTHERS TO WHOM YOU HAVE GIVEN ACCESS OF YOUR ACCOUNT), TOGETHER WITH A FINANCE CHARGE ON ALL UNPAID BALANCES WHICH REMAIN UNPAID AFTER 15 DAYS FROM THE INVOICE DATE. SAID FINANCE CHARGE SHALL ACCRUE AT THE GREATER OF 18% PER YEAR OR THE HIGHEST RATE PERMITTED BY LAW; AND SHALL CONTINUE TO ACCRUE MONTHLY ON ANY AND ALL UNPAID BALANCES UNTIL PAYMENT IN FULL IS RECEIVED BY eLaw.com. YOUR ABILITY TO PURCHASE IS ALSO SUBJECT TO LIMITS ESTABLISHED BY eLaw.com OR YOUR CREDIT CARD ISSUER. IN THE EVENT eLaw.com IS REQUIRED TO BRING LEGAL ACTION AGAINST YOU FOR THE COLLECTION OF UNPAID BALANCES DUE AND OWING TO eLaw.com, IN ADDITION TO SUCH UNPAID BALANCES AND ACCRUED FINANCE CHARGES, YOU AGREE TO BE RESPONSIBLE FOR eLaw.com’S COSTS AND FEES NECESSARY AND INCIDENT TO SUCH LEGAL ACTION, INCLUDING REASONABLE ATTORNEY FEES. eLaw.com MAY, IN ITS SOLE DISCRETION, DECLINE SERVICE TO OR TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR YOUR FAILURE TO MAKE TIMELY PAYMENT. EACH USER MAY ESTABLISH AND MAINTAIN ONLY ONE ACCOUNT WITH eLaw.com FOR USE OF THE WEBSITE.
LAST UPDATED: 11/25/2005
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