January 17, 2018

Terms of Use

1. Terms   

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Legal Document Server’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Legal Document Server’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Legal Document Server at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Legal Document Server’s web site are provided “as is.”  Legal Document Server makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Legal Document Server does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Legal Document Server or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Legal Document Server’s Internet site, even if Legal Document Server or a Legal Document Server’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Legal Document Server’s web site could include technical, typographical, or photographic errors. Legal Document Server does not warrant that any of the materials on its web site are accurate, complete, or current. Legal Document Server may make changes to the materials contained on its web site at any time without notice. Legal Document Server does not, however, make any commitment to update the materials.

6. Links

Legal Document Server has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Legal Document Server of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Legal Document Server may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Legal Document Server’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

9. Indemnificaion

You agree to indemnify, defend, and hold Legal Document Server, Inc., its officers, directors, employees, representatives, successors and assigns from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees which shall include a reasonable allocation for in-house counsel fees) incurred by them as a result of any breach or allegation which would constitute a breach of any of your obligations or warranties hereunder or an infringement of any intellectual property rights of any third party.

10. Third Party Rights

Legal Document Server may contain links to certain third parties’ websites that are not related to Legal Document Server, or that are not under Legal Document Server’scontrol, and Legal Document Server does not assume any responsibility or liability for any communications or materials available at such linked websites.  Legal Document Server does not intend links on the websites to be referrals or endorsements of the linked entities; they are provided for convenience only.

11. Limit of Liability

If, for any reason, Legal Document Server is deemed to be in breach of this agreement and/or any of the disclaimers or limitations on liability and/or damage contained in these terms of use should not be enforced, Legal Document Server’s maximum aggregate liability to you shall be, in any event and regardless of the cause of action upon which your claim is based, the total amount of fees paid by you to Legal Document Server for its provision of services for the specific case to which the claim relates, for the one (1) year period immediately prior to the date on which such claim arises. Legal Document Server shall not be liable for any special, direct, indirect, incidental, punitive 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 use of or inability to use this web site or the content.

12. Agreement to Pay

You agree to pay all applicable fees and charges associated with using the Web Site and the Content, as well as any ancillary products and services made available to you by Legal Document Server, in accordance with the pricing schedule and terms of payment established by Legal Document Server.  If payments are not received within 30 days after the due date, Legal Document Server will disconnect account(s) until payment is received in full.

13. Account Passwords and Security

You agree that you are the only person responsible for your password.  You further agree not to share your password with any parties that are not authorized subscribers.

ADDITIONAL TERMS

14. Privacy. Your use of this Web Site is subject to Legal Document Server’s Privacy Policy.

15. Additional Terms for Legal Document Server Services. Your use of Legal Document Server’s services is also governed by the terms of any order, including any Case Management Order, or other agreement pursuant to which Legal Document Server’s services are provided for a particular proceeding (collectively, ‘Legal Document Server’s Service Terms’), all of which are incorporated by reference herein. Your completion of Legal Document Server’s registration process constitutes your acceptance of Legal Document Server’s Service Terms. If you do not agree with any of Legal Document Server’s Service Terms, you are not permitted to access the Web Site and Content contained therein.

16. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of California (irrespective of its conflict of laws rules) and any action arising out of or relating to these terms shall be filed only in state or federal courts located in California. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

17. Entire Agreement. These Terms of Use incorporate by reference any of Legal Document Server’s notices contained on this Web Site, the Privacy Policy and Provider’s Service Terms and constitute the entire agreement with respect to access to and use of this Web Site and Content.

18. Severability of Provisions. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

19. Assignment and Binding Effect. Legal Document Server shall have the right to assign or otherwise transfer this Agreement without your consent. You may not assign or otherwise transfer this Agreement. This Agreement will be binding upon and inure to the benefit of you and Legal Document Server, and Legal Document Server’s successors, assigns and transferees. Notwithstanding the fact that your license to access and use the Web Site and Content is personal to you and non-assignable and non-transferable, you acknowledge and agree that by registering to use and access the Web Site and Content, you are binding the company, business or other entity for which you work to the provisions of these Terms of Use.

20. Waiver. No waiver of any provision of this Agreement, or of any of your or Legal Document Server’s rights or obligations, will be effective, except pursuant to a signed written instrument, and any such waiver will be effective only in the specific instance and for the specific purpose stated in such instrument.

21. Survival. The provisions of Sections 4, 5, 6, 8, 11, 13 and 15 through 20 shall survive any expiration or termination of this Agreement.

22. Modifications to Terms of Use. Legal Document Server reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.