Terms of Service Agreement
1. Notice/Acceptance of Terms
This Global Terms of Service Agreement (the
"Agreement") is a contract between you and LawSourceLive. This
Agreement governs your use of the Site (as defined below). Be sure that
you carefully read and fully understand this Agreement. LawSourceLive is willing to provide you with access to the Site only on the
condition that you accept all of the terms and conditions contained in
this Agreement. Your use of the Site, including without limitation any of
the services offered on the Site, will constitute your acceptance of, and
agreement to be bound by, all the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS
THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.
You may print this Agreement or you can download this
Agreement to your computer. To the extent that you use particular
LawSourceLive services, you are subject to the applicable agreements
("Supplemental Agreements") and any posted guidelines or rules applicable
to such services. All such guidelines, or rules, are hereby incorporated
by reference into this Agreement. Where a conflict exists between this
Agreement and any of the Supplemental Agreements, the provisions of the
applicable Supplemental Agreement shall govern.
The disclaimers, terms and conditions on these pages
are of general application and may be supplemented by additional
disclaimers, guidelines, rules, terms or conditions of specific
application on any particular page of this Site.
2. Description of Service
LawSourceLive provides users with access to a
wide variety of online legal services, tools, and communication services
through the World Wide Web.
More information about our products and services can be viewed at
http://www.LawSourceLive.com. Certain products or services may be available
only in certain jurisdictions and are void where prohibited by law. Your
eligibility for particular products and services offered by LawSourceLive is subject to final approval and acceptance by LawSourceLive. LawSourceLive assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You understand that it is your
responsibility to ensure that any submission made through the site is
actually received by the Court.
It is the user's responsibility to confirm that the entry has been
received by the court and to make sure that all applicable court dates,
settings and appearances are covered. As such, LawSourceLive assumes no responsibility for missed court dates,
failure to appear charges or fines, warrants, warrant costs, or additional
attorney’s fees or costs associated with any mis-delivery or failure of
delivery of information to the court or from the court in which your
client’s case(s) are pending.
In order to use the Site, you must obtain access to the World Wide
Web, either directly or through devices that access Web-based content and
pay any service fees associated with such access. System availability and
access to the services available on this Site may be limited or
unavailable for reasons which may include, without limitation, system
performance. LawSourceLive makes no representations, warranties or
assurances as to the availability of the Site.
3. License
Except as expressly provided otherwise in an applicable
Supplemental Agreement, LawSourceLive grants you a personal,
revocable, non-transferable and non-exclusive license to display on your
computer, print, download and use the underlying html, text, audio clips,
video clips and other content that is made available to you on this Site,
for non-commercial, personal or educational purposes only provided
that:
a. you do not (and do not allow any third party to)
modify or create a derivative work of any such content; and
b. you include with and display on each copy of such
content the associated copyright notice.
No other use is permitted. Without limiting the
generality of the foregoing, you may not:
a. include such content in or with any product that you
create or distribute;
b. reproduce, duplicate, copy, sell, rent, resell or
exploit for any commercial purposes any portion of the Site, use of the
Site, or access to the Site;
c. establish: (i) a hyperlink, including without
limitation a deep link, to any page or location on the Site; or (ii) a
frame containing any portion of the Site, on any other Web site or text
document with hyperlink capabilities without the express written consent
of LawSourceLive; or
d. copy such content onto your or any other Web
site;
and may not direct any other person to do any of the
foregoing.
You agree not to access the Site by any means other
than through the html or other interface that is provided by LawSourceLive for use in accessing the Site.
Notwithstanding the above, nothing contained in this
license shall be construed as conferring any right under any intellectual
property of LawSourceLive or any other person who owns the
intellectual property in the content provided on this Site.
4. Intellectual Property
LawSourceLive either owns or has obtained
permission from the owner to use all of the content on this
Site.
The names, Images, logos, icons, designs, words,
titles and phrases on this Site constitute trademarks, trade names, trade
dress and associated products and services of LawSourceLive. The
trademarks, trade names, trade dress and associated products and services
represented on this Site are protected under United States and
international law and their display on this Site does not convey or create
any license or other rights in these trademarks, trade names, trade dress
and associated products and services. Any use of them without prior
written authorization of LawSourceLive is strictly
prohibited.
The trademarks for all products or services mentioned
on this Site which are not those of LawSourceLive, are the
trademarks of their respective owners. The display of these trademarks or
trade names on this Site does not convey or create any license or other
rights in these trademarks or trade names. Any unauthorized use of them is
strictly prohibited.
Any unauthorized copying, redistribution, reproduction
or modification of the contents of this Site by any person may be a
violation of federal or common law, trade-mark and/or copyright laws and
could subject such person to legal action.
5. Modifications to Site
LawSourceLive reserves the right to modify,
suspend or discontinue, temporarily or permanently, the Site (or any part
thereof) from time to time, for any or no reason and without notice. You
agree that LawSourceLive shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the
Site. The information and materials contained on the Site are subject to
change. LawSourceLive endeavors to keep the rates and fees posted
on this Site current, however, such rates and fees are subject to change
at any time without notice to you and the posted rates and fees on this
Site may not immediately reflect such changes.
6. Registration Obligations
In consideration of your use of the Site, where you
have provided LawSourceLive with information about yourself in
response to prompting by the Site (for example when prompted by the Site's
registration forms), you agree that such information will be accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete as of the date the information was
provided, or LawSourceLive has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, LawSourceLive has the right, without limitation, to suspend or
terminate any of your accounts and to refuse any and all current or future
use of the Site (or any portion thereof). You may have also been prompted to
submit the names of attorneys that may access and use the service under
your account. You agree to
pay for all services and charges incurred by any attorney or employee you
list under your account. In
the event that you want to change or remove the names of those attorneys
authorized to use your account, you agree to modify your account
accordingly in a prompt and timely fashion.
7. Member Account; Password and Security
LawSourceLive may supply you with a password
and account designation upon completing the Site registration process. You
are responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under
your password or account. You agree to immediately notify LawSourceLive of any unauthorized use of your password or account, or any other
breach of security of which you are aware, and to ensure that you properly
close out of your account at the end of each session. LawSourceLive assumes no liability for any loss or damage arising from your
failure to comply with this section.
Additionally, during the registration, you have the
opportunity to add any additional users under your primary account. You are responsible for making
sure those users are aware of and have read the terms and conditions
listed herein. You understand
and acknowledge that transactions conducted by the additional users under
your account will be billed to the primary account and that you are
responsible for those bills.
8. User Content
LawSourceLive may offer the opportunity for you
to contribute your ideas, comments, questions and other communications to
or from the Site (the "User Content") in message boards, chat rooms,
e-mail and other features of the Site ("User Input Rooms") that may be
offered from time to time and may be operated by LawSourceLive or
by a third party. You shall not (nor cause any third party to) use the
Site to perform any illegal activities (including without limitation
defaming, abusing, harassing, stalking, threatening or otherwise violating
the legal rights - such as rights of privacy -of others) or immoral
activities or any of the following types of activities, without
limitation:
a. transmitting information that infringes any patent,
trade-mark, trade secret, copyright or other proprietary rights of any
party;
b. transmitting any material that contains software
viruses, trojan horses, worms, time bombs, cancelbots, or any other
computer code, files, or programs which may interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
c. impersonating anyone or any entity, falsely stating
or otherwise misrepresenting your affiliation with a person or
entity;
d. advertising or commercial content;
e. interfering with or disrupting the
Site;
f. disrupting the activities or enjoyment of the Site
for other users; or
g. collecting, or storing personal data about other
users.
You agree to abide by all applicable local, state and
federal laws and regulations and are solely responsible for all acts or
omissions that occur under your account or password, including without
limitation any of the User Content created by you.
You agree that LawSourceLive, in its sole
discretion, may terminate your password, account (or any part thereof) or
use of the Site at any time and for any or no reason. You agree that LawSourceLive shall not be liable to you or any third party for any
termination of your access to the Site or deletion of any User Content on
the Site.
You acknowledge and agree that LawSourceLive
may preserve and disclose User Content if required to do so by law or if
LawSourceLive believes in good faith that such preservation or
disclosure is reasonably necessary to comply with legal process, enforce
this Agreement, respond to a claim that User Content violates any third
party's rights, or protect the right, property or personal safety of LawSourceLive, any users of the Site, and the public. You also
acknowledge that the technical processing and transmission of the Site,
including without limitation User Content, may involve transmissions over
various networks and changes to conform and adapt to technical
requirements of connecting networks or devices.
9. User Communications:
Subject to any applicable law and the requirements of
the LawSourceLive's privacy policy, any communications sent by you
via this Site or otherwise to LawSourceLive (including without
limitation User Content) are on a non-confidential basis, and LawSourceLive is under no obligation to refrain from reproducing,
publishing or otherwise using them in any way or for any purpose. LawSourceLive shall be free to use the content of any such
communication, including without limitation any ideas, inventions,
concepts, techniques or know-how disclosed therein, for any purpose
including without limitation developing, manufacturing and/or marketing
goods and services. You agree to not assert any ownership right of any
kind in such communications (including without limitation copyright,
trade-mark, unfair competition, moral rights, or implied contract) and you
hereby waive the right to receive any financial or other consideration in
connection with such communication, including without limitation
acknowledgment of you as the source of such communications. You shall be
responsible for the content and information contained in any communication
sent by you to this Site or otherwise to LawSourceLive, including
without limitation for its truthfulness and accuracy.
10. Transactions with Third Parties
Your correspondence or business dealings with, or
participation in promotions of, advertisers or third parties found on or
throughout the Site, including without limitation with respect to the
payment and delivery of related goods or services and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such parties and are not binding upon nor
constitute obligations of LawSourceLive. You agree that LawSourceLive shall not be responsible or liable for any actions,
losses, damages, liabilities, claims, judgments, costs or expenses of any
nature or kind (collectively, "Claims") incurred as the result of any such
dealings or as the result of the presence of such third parties on the
Site, and you agree to indemnify LawSourceLive and its affiliates
from and against any Claims incurred as the result of any such
dealings.
11. Third Party Links
This Site may provide links or references to other
sites. LawSourceLive makes no representations, warranties or
assurances as to any information in such sites, has no responsibility for
their content and shall not be liable for any damages or injury arising
from that content. LawSourceLive disclaims any opinions expressed
on such sites. Any links to other sites are provided merely for your
convenience and the inclusion of such links does not imply that LawSourceLive endorses the content of such sites. Where LawSourceLive is offering its own content (or content of an affiliate) on or
through third party sites (whether by linking, framing or otherwise), your
use or display of that content shall be subject to this Agreement unless a
specific Supplemental Agreement is applicable to the use or display of
that content.
12. Disclaimer of Warranties
Except as expressly provided otherwise in an applicable
Supplemental Agreement, LawSourceLive disclaims any and all
responsibility or liability for the timeliness, sequence, quality,
accuracy, content, completeness, legality, reliability, operability or
availability of information or material contained on the Site. The Site
may contain inaccuracies or typographical errors. LawSourceLive
disclaims any responsibility for the deletion, failure to store,
mis-delivery, or untimely delivery of any information or material in
respect of the Site or the use thereof.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN
APPLICABLE SUPPLEMENTAL AGREEMENT, LAWSOURCELIVE AND ITS DATA
PROVIDERS will use reasonable efforts to include up-to-date and accurate
information in this site but all PRODUCTS AND SERVICES OFFERED ON THE SITE
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. BLOCK
AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES
OFFERED ON THE SITE. LAWSOURCELIVE AND ITS DATA PROVIDERS DISCLAIM
ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR
ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS
PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE
SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE
OBTAINING SUCH MATERIAL.
Some states do not allow the exclusion of implied
warranties, so these exclusions may not apply to you.
13. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN
APPLICABLE SUPPLEMENTAL AGREEMENT, In no event shall LawSourceLive, ANY OF LAWSOURCELIVE’S AFFILIATES OR DATA PROVIDERS OR
ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE
CONTENT OF THIS SITE (collectively the "Site providers"), be liable to YOU
or any third party for any CLAIMS whatsoever, including without limitation
direct, indirect, special, incidental, punitive OR consequential DAMAGES
(including without limitation any lost revenues, lost profits, lost
opportunities, loss of prospective economic advantage) arising out of or
in connection with the use or performance of this site, Any communications
sent to you via this Site or otherwise from LawSourceLive
(including without limitation in the form of electronic mail or via
telephone), or information available from this site, including without
limitation any damages suffered as a result of omissions or inaccuracies
in such information, the transmission of confidential or sensitive
information to or from the site providers, and inconvenience, delay or
loss of use of the service, even if any one of or all of the site
providers is advised of THE possibility OF SUCH DAMAGES. WITHOUT LIMITING
THE FOREGOING, the site providers assume no liability or responsibility
for damage or injury to persons or property arising from any use of any
product, information, idea, or instruction contained in the content of
this site. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
14. Indemnification
You agree to indemnify and hold harmless LawSourceLive and its affiliates from and against any Claims arising out of or
relating to: (i) User Content you submit, post to or transmit through the
Site; or (ii) your violation of any rights of any other person in
connection with the Site.
15. Other Agreements
a. Governing Law. This Agreement shall be governed by
the laws of the State of
Missouri, without regard to
conflicts of law provisions. The parties agree that the exclusive
jurisdiction of any dispute arising out of, or relating to, this Agreement
or any dispute arising out of, or relating to, this Agreement or services
provided in connection therewith shall be in the state and federal courts
located in the county of St. Louis, State of Missouri.
b. Entire Agreement. This Agreement, along with any
Supplemental Agreements, is the entire and exclusive agreement between the
parties, and it supersedes all previous communications, representations or
agreements, either oral or written, between them with respect to this
subject matter. No representations or statements of any kind made by any
affiliate of LawSourceLive, which are not included in this
Agreement, shall be binding on LawSourceLive or its
affiliates.
c. Amendments. Neither you nor LawSourceLive
may modify or amend this Agreement in whole or in part without the prior
written consent of both you and an authorized representative of LawSourceLive. However, LawSourceLive may replace its terms of
service agreement from time to time and your subsequent use of the Site,
or any content, programs or materials provided through the Site, will be
subject in all respects to the terms and conditions of such terms of
service in force at the time of such subsequent use.
d. Waiver. No waiver of any provision herein shall be
valid unless in writing and signed by an authorized representative of both
you and LawSourceLive. LawSourceLive's failure to insist
upon or enforce strict performance of any provision of this Agreement or
any right shall not be construed as a waiver of any such provision or
right.
e. Severability. If any provision of this Agreement is
determined to be illegal or unenforceable, such provision shall be
automatically reformed and construed so as to be valid, operative and
enforceable to the maximum extent permitted by law or equity while
preserving its original intent. The invalidity of any part of this
Agreement shall not render invalid the remainder of this
Agreement.
f. Miscellaneous. This Agreement shall enure to the
benefit of LawSourceLive and its affiliates. Any and all
references in this Agreement to LawSourceLive and its affiliates,
including without limitation pursuant to Sections 12 and 13 shall, where
the context so permits, include LawSourceLive's parent companies,
sister companies, and their respective subsidiaries, affiliates,
directors, officers, employees, contractors and agents. The headings
contained herein are for convenience only and shall have no legal or
interpretive effect. Additional terms and conditions may apply when you
use other services, affiliate services, third party content or third party
software on or through a link provided on the Site. LawSourceLive
may assign its rights and duties under this Agreement to any party at any
time without notice to you.
16. Billing
LawSourceLive works on a “per completed
transaction” basis. You will
be billed $3.00 per completed transaction. A completed transaction is defined
as when attorney has entered their appearance/ requested a recommendation
AND a response has been received in the attorney’s in-box from the
prosecutor or court.
Attorneys may
enter their appearance on behalf of one individual defendant in a
particular court on a particular court date for up to 5 cases. As such, if
Defendant A has 5 cases pending in Court B on one specific court date,
user may electronically enter and request a recommendation on all 5 cases
for Defendant A. When a
response is received in the user’s in-box on those 5 cases for Defendant
A, the account will be billed $3.00.
This constitutes ONE (1) “completed transaction.”
Please note that “completed transaction” is not defined
for these purposes to mean that the defendant’s cases are resolved or
completed. The prosecutor may
require an appearance in court to finalize the case. The prosecutor may require
additional information to make a recommendation. The court may return a defective
or incomplete entry or require additional information. These are all considered a
"completed transaction." For
calculating for billing purposes, a “completed transaction” is defined to
mean that the entry and request has been sent and received by the court
and a response to that entry and request has been sent and received by the
user’s in-box from the prosecutor or court.
If Defendant A has
more than 5 cases pending on a particular court date, the user
will be billed an additional $3.00 for every additional 5 submissions. For example,
if Defendant A has 10 cases pending on a particular court night, the account will be billed $6.00
for that particular case.
Submissions 11 through 15 will be an additional $3.00 and so
on.
An entry and request sent to a particular court that is
rejected and sent back to the user’s in-box by the court clerk because it
is the wrong court or untimely will be billed as a "completed transaction"
as defined above. Specific courts will have specific rules with regard to
the timing of the submission.
For example,
a certain court may not accept entry of appearances and requests for
recommendations until within ten (10) days of the court date. If the user submits the entry
and request before the ten day period, the submission may be rejected by the
clerk and your account will be billed accordingly. It is the user’s responsibility to
make sure they are abiding by the rules for submission for each particular
court accessed. When in
doubt, call the court.
17. Electronic Filing Rules
It is a mandate for the user to abide by all local and
State rules governing electronic filing and electronic signatures,
including, but not limited to the following State of
Missouri
Rules:
RULE 83-2.13 WHEN ELECTRONIC FILINGS ARE
COMPLETED
Electronic filing is permitted at all times, except when the
electronic filing system is temporarily unavailable due to routine or
necessary emergency maintenance. An electronic filing completed at any
time before midnight Central time
shall be entered on the docket as of that date. The Court's electronic
case filing system determines the date and time when a filing is
completed. A filing is timely only if accomplished in compliance with
deadlines set by an applicable order, rule or statute. [Effective May 15, 2003.]
RULE 6-2.14 TECHNICAL FAILURE AND FILING
DEADLINES
If technical failure prevents timely electronic filing
of any document, the filing party may seek relief from the Court. [Effective May 15, 2003.]
RULE 11-2.11 SIGNATURES ON ELECTRONIC
FILINGS
The use of an attorney's electronic filing login and
password to file a motion, memorandum or other document constitutes the
signature of that attorney on that document for all purposes, including
Fed.R.Civ.P. 11.
User agrees that his/her signature block for these
purposes will not contain that person’s actual signature, but a facsimile
of his/her signature in a font chosen by employees/members of LawSourceLive hereinafter referred to as the user’s “electronic
signature.” User agrees that this electronic
signature will serve as the signature for each pleading he/she files
utilizing LawSourceLive and user further waives any and all right
to object to his/her actual signature being absent from the pleadings that
are filed through LawSourceLive services.
Refund Policy
What can be refunded?
All services provided by LawSourceLive, LLC are non-refundable. If, in the judgment of the company, there was a misunderstanding or discrepancy, a credit may be given towards the purchase of a product or service offered by LawSourceLive.
When does LawSourceLive have to be notified of a refund request?
All refund requests must be made as soon as practicable, but not more than sixty (60) days from the date the mistake or error was made.
Where do I submit by refund request?
To request a refund click here. and must contain a clear and concise reason for the request.
|