iDocket.comTM User Agreement
1. Agreement and General Terms of Use
1.1 This User Agreement constitutes the agreement between iDocket.com, LLC ("iDocket.com") and you as a user who accesses or establishes a connection ("user," "you," or "your") to the iDocket.comTM system and/or the services based on the iDocket.comTM system (collectively the "Service"), which are owned and controlled by iDocket.com.
1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.
1.3 iDocket.com reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. iDocket.com will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.
1.4 iDocket.com reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. iDocket.com further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on iDocket.com' belief that your use of the Service violates that permitted by this Agreement or applicable law.
1.5 IF YOU DO NOT AGREE TO THE PROVISION OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
2. Fees and Payments; Account Management
2.1 Individual Users: You will pay iDocket.com for all fees, charges, and any applicable taxes, associated with the Service in accordance with the current rates, payment terms, and policies specified by iDocket.com in the applicable Service enrollment screens. You acknowledge that you will pay iDocket.com all such fees, charges, and applicable taxes for the Service where enrollment in the Service has been made using your credit card or other means, whether made by you personally or by someone else in your organization or household. If you enroll in the Service using a credit card, you certify to iDocket.com that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to enroll in the Service.
You further acknowledge that your obligation to pay iDocket.com all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay iDocket.com for the Service regardless of whether the Service is used or not. Your obligation to pay for the Service begins on the date of your enrollment in the Service, not the date of your first use of the Service. If made available, free trial or free access periods to use the Service also begin on the date of your enrollment in the Service, and not the date of your first use of it.
You may cancel your monthly or annual account for the Service during any free trial or free access period without charge. You may also cancel your monthly or annual account for the Service at any other time; however, iDocket.com does not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation and does not refund any such amounts. You may cancel your account for the Service by completing and submitting a cancellation form, and instructions for cancellation may be found in the on-line help for the Service.
2.2 Institutional and Organizational Users: If you access or use the Service through an institutional or organizational account, you agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You may also be subject to the provisions of other agreements from your institution or organization. The individual payment and account management provisions of Section 2.1 of this Agreement do not apply to you as a user through an institutional or organizational account. However, those provisions do apply to you if you are an individual user whose account is paid for by an institution or organization.
3. Rights in Service Content and the Service
3.1 All content provided by iDocket.com on the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by iDocket.com. The Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by iDocket.com. iDocket.comTM is a trademark of iDocket.com, LLC.
3.2 You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" any of the content on the Service or the Service itself without the express written permission of iDocket.com and the copyright owner or its authorized agent. You agree that you do not acquire any ownership rights in any downloaded content. Your further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to iDocket.com and/or its licensors.
3.3 Certain content found on the Service may be subject to additional terms and conditions.
4. User Activities and User Information on the Service
4.1 You will use the Service and any content, material, or information found on the Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
4.2 You warrant that any material or information that you make available through the Service, including, for example, postings to feedback and comment areas, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Service. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any damage resulting from your making any material or information available through the Service.
4.3 By making any material or information available through the Service, for example, in postings to feedback and comment areas, you automatically grant to iDocket.com a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Service, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal, internal use.
4.4 iDocket.com has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through the Service, and iDocket.com is not responsible for any content of this material or information. However, iDocket.com reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, iDocket.com reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
4.5 iDocket.com reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service, or to tailor the appearance of the site for you. iDocket.com further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. iDocket.com may also distribute such data in forms that identify you individually or reveal your identity, but only if you expressly give your consent to such distribution in response to a request made by iDocket.com.
5. Disclaimer of Warranties & Limitation of Liability
5.1 You expressly agree that use of the Service (as defined below) is at your sole risk. Neither iDocket.com nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) warrant that the Service will be uninterrupted or error free or that they will be free of viruses or other harmful components. Nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the Service, any merchandise or services provided through the Service, or any links to other sites or services made available on the Service.
5.2 THE SERVICE, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.3 Under no circumstances, including, but not limited to, negligence, shall iDocket.com (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Service. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that iDocket.com (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)), is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of iDocket.com (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) to you exceed the amount paid by you to iDocket.com during the twelve (12) months prior to any claim of injury or damage.
5.4 Information contained within iDocket.com web site is collected from the courts, counties and/or clerks listed herein; however, iDocket.com, LLC operates independently and is not an agent of any court, county, clerk or other entity. As such, there are no warranties made as to the accuracy, timeliness or completeness of the information contained within this web site. Contact the Court Clerk directly for the most accurate and timely information.
6. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless iDocket.com (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. iDocket.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
7. Notices between Us
For individual, institutional and organizational users, you will contact us by sending electronic mail to help@idocket.com (or to billing@idocket.com for billing and account-related matters). We will contact you by sending electronic mail to the address you provide to us. For technical-related matters or if you experience any difficulties with the system, you will contact us by sending electronic mail to support@idocket.com. For any other inquiries please check the Contact iDocket page to find the appropriate e-mail address.
8. Termination
iDocket.com may terminate this Agreement and your use of the Service, or discontinue the Service, at any time. iDocket.com shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which iDocket.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
9. Law Governing Performance and Disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Texas, without giving effect to their conflict of law principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Texas and the United States District Court in any and all actions, disputes, or controversies relating to this Agreement.
10. General Terms
This Agreement and any rules posted on the Service by iDocket.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either iDocket.com or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of iDocket.com and its successors, trustees, and permitted assigns. iDocket.com may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by iDocket.com does not relieve you of your obligations under this Agreement.
