Terms & Conditions
This American LegalNet, Inc. (“ALN”) License Agreement (“Agreement”) is by and between ALN and you (“You”), and is made effective as of the date of acceptance and authorization of the contract for Your use of ALN’s eDockets Software, Forms WorkFlow, eDockets Court Rules, eDockets Court Rules Product, Docket Direct, the ALN website (as applicable), and any and all other services and materials provided by ALN to You (the “Materials” and/or “Services”) between ALN and You (the “Contract”), which is comprised of this Agreement and the written proposal provided by ALN and executed by You. This Agreement, in addition to the rest of the Contract, sets forth the terms and conditions of Your use of the Materials and Services. If You do not agree to any of the terms of this Agreement or the Contract, You are not permitted to use the Materials and the Services.
By accepting this Agreement, any part of the Contract, or installing or using the Materials and Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of the Contract, including this Agreement.
1. USE, RESTRICTIONS, AND REPRESENTATIONS. ALN provides the Materials and/or the Services to You under this non-exclusive, non-transferable license for printing and use only by You, the individual or entity who agreed to the terms of the Contract, and only for Your use. You are not permitted to commercially exploit the Materials and/or the Services or transfer them to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution, whether text-based, electronic, or other physical or virtual distribution of the Materials or the Services, is prohibited. Copies of the Materials and the Services may only be held in local storage systems in an archival format and for Your personal use only. You may not copy, reverse engineer, translate, port, modify, or make derivative works of the Materials or the Services. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or the Services. You may not derive or attempt to derive the source code or structure of all or any portion of the Materials or the Services by reverse engineering, disassembly, decompilation, or any other means. You may not use the Materials or the Services to operate an information bureau. The Materials or the Services may not be copied, even if modified or merged with other data or software. You will not alter or remove any copyright notice or proprietary legend contained in or on the Materials and the Services. ALN reserves the right to block access to or remove any material on its servers that it believes in good faith to be copyrighted material that has been illegally copied and distributed by You and to terminate permanently Your use of the Materials or the Services.
2. FEES AND PAYMENT. Depending on the specific Services and Materials there may be an associated fee. Such fees shall be due upon Your enrollment for the Services and Materials. All fees are exclusive of taxes and You shall be solely responsible for any and all taxes and levies of any kind. Except as otherwise stated in this Agreement, all payments are non-refundable. ALN may modify the fees for any renewal term as follows: (a) fees shall remain unchanged for the first three (3) years of the term (the “Initial Term”); and (b) following the Initial Term, fees may be increased by up to ten percent (10%) of the prior fee for each such year. For the elimination of doubt, nothing herein shall be construed as modifying any service level remedies of FIRM as stated in the hosting terms between the parties.
2.1 Number of Attorneys/Staff. You agree that if You have more individuals using the Materials and Services than the number of licenses specified in the Contract, You will contact ALN and pay the then-current fee for the number of individuals using the Materials and Services, which shall be calculated on a pro rata basis based upon the number of individual users (and not including any fees for professional services). On each annual anniversary date of the Contract, You will notify ALN of the number of individuals and number of offices using the Services and Materials for the purposes of determining the number of licenses required by You.
2.2 Number of Docket Direct subscribed cases. You agree that if You have more cases subscribed to Docket Direct “On-Watch” for Docket Direct subscription than the number of Docket Direct subscribed cases specified in the Contract, You will contact ALN and pay the then-current fee for the additional Docket Direct subscribed or “On-Watch” cases. On each annual anniversary date of the Contract, You will notify ALN of the total number of cases either subscribed to Docket Direct or “On-Watch” for Docket Direct subscription for the purposes of determining the Docket Direct annual subscription rate for Your firm/company.
2.3 Professional Services. You may also order Services as “Professional Services” where they are specifically designated as such at the time of ordering. Professional Services may also be subject to a statement of work (“SOW”). Each SOW shall specifically reference this Agreement and the Professional Services ordered hereunder. You will make available in a timely manner for ALN’s use, at no charge to ALN, all technical data, computer facilities, programs, files, documentation, test data, sample output, or other information, resources, and personnel as reasonably required by ALN. You acknowledge that meeting any target dates is contingent upon timely completion of activities by You as contemplated by the parties under this Agreement including, without limitation, those activities designated in a SOW or ordering document (“Your Obligation”). Both parties will immediately advise the other party in writing as soon as either party become aware of any developments that may delay completion of a scheduled Service including, without limitation, Your failure or inability to perform any of Your Obligations. Any target dates (though only an estimate) will be equitably adjusted by the parties (but in no event less than a day-for-day adjustment) in writing in the event of: (a) any delay caused by Your failure or inability to perform any of Your Obligations; (b) any delay due to Your request for changes; (c) any delay due to a third party’s act, failure to act or delay in performing any obligation whatsoever (other than third parties acting as contractors to ALN under this Agreement and acting on behalf of ALN); or (d) any other delay incurred as a result of Your action(s) or omission(s). No such delay will relieve or suspend Your obligation to pay ALN under this Section 2 and, in addition to such payment obligations, You will pay for any and all costs and expenses incurred by ALN relating to re-staffing as a result of any delay caused by You.
3. INTELLECTUAL PROPERTY. You agree that ALN or its licensors holds all rights, title and interest in the Materials and Services and all intellectual property, including other rights related to intangible property related thereto, including but not limited to copyrights, patents, trademarks, and trade secrets (“Intellectual Property”). You acknowledge that no title or interest in such Intellectual Property rights is being transferred to You. Unless You have been expressly authorized to do so in writing by ALN, You agree that in using the Materials and Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You agree that You shall not remove, obscure, or alter any proprietary rights or notices (including copyright and trademark notices) which may be affixed to or contained within Materials or Services. You further understand and agree that You are prohibited from using and reproducing, in any manner whatsoever, any of the content or materials of the ALN website, without the express written permission of ALN. Any permission to use any documents and related graphics and any Materials, the Services, uscourtforms.com, any other ALN website, or any other website accessed as part of any Materials or Services (including but not limited to, www.formsworkflow.com) is subject to this Agreement. American LegalNet, AUTO DOCKET® ALN, FORMS WORKFLOW, DOCKET DIRECT ®, eDockets and are trademarks and service marks of ALN.
4. ACCOUNT INFORMATION AND SECURITY. You agree to provide true, accurate, current, and complete information about You and Your account in Your use of the Materials and Services and to update any information You previously provided if it becomes inaccurate and/or out-of-date. You agree that You are entirely responsible for maintaining the confidentiality of any password and account information that You (or Your authorized users) may create now or in the future. You agree that You are entirely responsible for any and all activities that occur under Your account, other than illegal intrusions by third party “hackers.” You agree to notify ALN immediately of any unauthorized use of Your account or any other breach of security. For the elimination of doubt, the parties agree that neither party shall be responsible for illegal intrusions by such third party “hackers.” You agree that ALN will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You agree that You will not engage in any activity that interferes with or disrupts the Materials and/or Services (or the servers and networks which are connected to the Materials and/or Services). ALN may collect, retain, and use information about Your usage of the product, but only for the following specific business purposes: (i) to protect and administer Your account and record; (ii) to comply with certain laws and regulations; and (iii) to help us design or improve our products and services.
5. YOUR CONTENT. “Your Content” is any data or content provided by You that is stored or transmitted using the Services. ALN will collect and process Your Content only at Your direction and for no other purposes than the provision of Services hereunder. As between You and ALN, You shall retain ownership of all Your Content.
ALN OBLIGATIONS FOR YOUR CONTENT. Your Content will be considered Your confidential information. Except as needed to fulfill its obligations under this Agreement, ALN shall not, without first obtaining Your prior written consent, disclose to any person, firm or enterprise, except as expressly permitted herein, or use for its own benefit, or the benefit of a third party, Your Content. The obligation of confidentiality shall not apply to information that (a) is already rightfully known to ALN at the time it is obtained from You, free from any obligation to keep such information confidential; (b) is or becomes publicly known or available through no wrongful act of ALN; (c) is rightfully received from a third party without restriction and without breach of this Agreement; or (d) is developed by ALN without the use of any proprietary, non-public information provided by You under this Agreement. ALN will notify You if it becomes aware of unauthorized access to Your Content. ALN will not access, view or process Your Content except (a) as provided for in this Agreement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by law. ALN may disclose Your Content where required by law, regulation, or court order, provided that ALN shall, where permitted, notify You of any such use or requirement prior to disclosure in order to afford You an opportunity to seek a protective order to prevent or limit disclosure of the information to third parties. The confidentiality obligations set forth in this section of the Agreement shall remain in effect for a period of five (5) years from the disclosure of Your Content to ALN. ALN will (a) to take reasonable steps to protect Your Content, using steps at least as protective as those ALN takes to protect its own confidential information, and no less than a reasonable standard of care; (b) maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Your Content, in accordance with industry standards.(c) notify You promptly upon discovery of any unauthorized use or disclosure of Your Content; and (d) in the event of any unauthorized disclosure by ALN, cooperate with You to help regain control of the Your Content and prevent further unauthorized use or disclosure.
WARRANTIES. You hereby represent and warrant that You have the right, power, legal capacity and appropriate authority to enter into this Agreement and the Contract.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
6.1 ALN IS NOT LICENSED TO PRACTICE LAW IN ANY JURISDICTION. NO ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED BY YOUR USE OF ALN’S MATERIALS AND SERVICES. ACCORDINGLY, ALN’S MATERIALS AND SERVICES ARE ONLY FOR PROFESSIONALS SKILLED IN THE AREAS COVERED THEREBY. YOU ACKNOWLEDGE AND AGREE THAT ALN’S MATERIALS AND SERVICES DO NOT CONSTITUTE LEGAL ADVICE. YOUR USE OF THE MATERIALS AND SERVICES IS NOT A SUBSTITUTE FOR LEGAL ADVICE FROM A LICENSED ATTORNEY.
6.2 You agree and understand that the information contained in eDockets Court Rules and eDockets Court Rules Product may change from time to time. You also understand that You are responsible to monitor these changes and to procure updates, in a timely manner, to the specific rules of the relevant courts to keep the eDockets Court Rules and eDockets Court Rules Product current. You understand and agree that ALN is not responsible for the accuracy of any dates contained in the eDockets Court Rules and eDockets Court Rules Product and that it is incumbent upon You to ensure that the information contained in the eDockets Court Rules and eDockets Court Rules Product, including but not limited to the court rules and holidays, are accurate. ALN shall in no event be held liable or responsible for any damages resulting from missed dates.
In the event You notify ALN of instances where the Services or Materials are in error, ALN will take commercially reasonable steps to prospectively correct such errors. In the event errors so identified are not corrected You may elect to terminate the Services and receive a refund of any pre-paid fees pro rata.
6.3 You may use the eDockets Court Rules and eDockets Court Rules Product to assist You in complying with any court’s rule(s), but shall not do so without independently confirming the corresponding results. Further, ALN is not giving You or providing You with any legal advice regarding the following: (a) the interpretation of any court rules, (b) the calculation of any court rules and any resulting deadlines, and (c) the completeness or totality of any court’s rule set. ALN is not in any way engaged in the practice of law by providing You with court rule sets and/or any consultation regarding the use of such court rule sets. Without limiting the generality of the foregoing, You shall fully comply with the requirements of Your legal malpractice insurance policies.
6.4 For the duration of the Contract, ALN will provide updates from time-to-time for the Materials and Services, including but not limited to eDockets Court Rules and eDockets Court Rules Product updates.
6.5 You acknowledge that the eDockets’ Court Rules and eDockets Court Rules Product are confidential in nature and constitute a valuable trade secret of ALN, and agree not to disclose or otherwise make such information available to any third party, except as expressly provided in this Agreement.
6.6 ALN AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE MATERIALS AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY (IN LAW OR IN EQUITY), AND THE ENTIRE LIABILITY OF ALN AND ITS REPRESENTATIVES WITH RESPECT TO THE SERVICES AND MATERIALS, INCLUDING COURT RULES, FOR ANY BREACH OF ANY REPRESENTATION OR FOR ANY INACCURACY IN THE COURT RULES, FORMS AND/OR EDOCKETS SOFTWARE, SHALL BE YOUR DISCONTINUED USE OF ALN’S SERVICES AND MATERIALS. EXCEPT AS EXPRESSLY SET FORTH ABOVE, ALN MAKES NO OTHER WARRANTIES WITH RESPECT TO THE MATERIALS AND SERVICES AND EXPRESSLY DISCLAIMS ANY OTHERS. ALN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE.
DOCKET DIRECT COURT DATA. ALN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE DOCKET DIRECT COURT DATA (FOR THIS PROVISION, THE “COURT DATA”). THIS COURT DATA IS NOT AND MAY NOT BE REPRESENTED AS AN OFFICIAL RECORD OF THE SPECIFIC COURT OR OF THE CLERK OF ANY SUCH COURT. ALN IS NOT THE OFFICIAL RECORD OF THE COURT, NOR DOES ALN PROVIDE OFFICIAL COURT DATA. ALN PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE INFORMATION OR COURT DATA IS ACCURATE, COMPLETE OR CORRECT.
FOR THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COURT DATA:
THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS (FOR THIS PROVISION, THE “COURT”) AND ALN DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE CIRCUIT COURT OF COOK COUNTY DATA (FOR THIS PROVISION, THE “DATA”). THIS DATA IS NOT AND MAY NOT BE REPRESENTED AS AN OFFICIAL RECORD OF THE COURT OR OF THE CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS (THE “CLERK”). THE OFFICIAL COURT RECORD MAY BE FOUND IN THE HARD COPY FILES HELD AND MAINTAINED BY THE CLERK. THE CLERK AND ALN PROVIDE NO WARRANTIES, EXPRESS OR IMPLIED, OR THAT THE INFORMATION OR DATA IS ACCURATE, COMPLETE OR CORRECT.
ALN LICENSES THE MATERIALS AND SERVICES ON AN “AS IS” BASIS, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIALS AND SERVICES IS ON YOU; SHOULD THE MATERIALS AND SERVICES PROVE DEFECTIVE (EXCEPT AS EXPRESSLY WARRANTED HEREIN) YOU AND NOT ALN ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING REPAIR, OR CORRECTION.
THIS AGREEMENT COMPELS YOU TO REVIEW AND ESTABLISH THE ACCURACY OF THE SERVICES AND MATERIALS OUTPUT BEFORE RELYING ON IT. UNDER NO CIRCUMSTANCES WILL ALN BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THE SERVICES AND MATERIALS EVEN IF ALN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY. ALN WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS OR SERVICES.
YOU ACKNOWLEDGE THAT ALN DOES NOT WARRANT THAT ACCESS TO OR USAGE OF THE MATERIALS OR SERVICES WILL BE UNINTERRUPTED. ALN DOES NOT CONTROL THE DATA FLOW TO OR FROM ALN’S NETWORKS AND OTHER PORTIONS OF THE INTERNET. THIS FLOW DEPENDS ON THE PERFORMANCE OF THIRD PARTY PROVIDED OR CONTROLLED INTERNET SERVICES. ACTIONS OR INACTIONS OF THESE THIRD PARTIES CAN IMPAIR YOUR INTERNET CONNECTIONS (OR PORTIONS THEREOF). ALN CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. THEREFORE, ALN DISCLAIMS ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
7. INDEMNIFICATION. You agree to defend, indemnify and hold harmless ALN and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to Your use of the Materials or Services or Your breach of the Contract or incorporated agreements and policies. In addition, You agree to indemnify and hold ALN harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein or any negligence or willful misrepresentation or misconduct by You. You agree that ALN shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify ALN of any such claim promptly in writing and to allow ALN to control the proceedings. You agree to cooperate fully with ALN during such proceedings.
8. TERM AND TERMINATION.
8.1 TERM. Your subscription to the Materials and Services will continue for the length of the Contract or (1) until terminated by ALN for (i) non-payment or for other material breach of the Contract for which You shall have no right to any refund or (ii) any other reason (You will then receive a pro-rated refund); or (2) Terminated by You because of modifications ALN makes to this Agreement during this Agreement’s term, in which case You shall notify ALN within 30 days of such modifications in accordance with Section 9.2.
8.2 EFFECT OF TERMINATION. Upon termination of the Contract, You shall stop using the Materials and the Services and shall immediately return to ALN all Materials and Services in Your possession. All outstanding fees owed by You shall be due immediately.
9.1 ARBITRATION. Any controversy or claim arising out of or relating to the Contract as amended shall be submitted to non-binding arbitration in accordance with the Center for Public Resources Rules for Non-Administered Arbitration of Business Disputes, by three arbitrators, of whom each party shall appoint one and the third shall be chosen by the other two. The arbitration shall be governed by the United States Arbitration Act, 9 USC §§1-16, and judgment may be entered by any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California.
9.2 NOTICES. All notices shall be in writing. You agree that all notices sent to You will be sent to the postal address You have on file with ALN. Notices from You to ALN shall be made to ALN’S address at: CEO, American LegalNet, Inc., 16501 Ventura Blvd. Suite 615, Encino, CA 91436. Notices shall be sent by express delivery service to the other party. Notices shall be effective on the date the notice is delivered to the applicable address in the case of delivery by express overnight service. Either party may change its address by written notice to the other party in the manner set forth above.
9.3 HEADINGS. The headings in the Contract are descriptive only and in the event of a conflict between a heading and the underlying terms of the Contract, the terms of the Contract shall control.
9.4 ASSIGNMENT. Except for any person You are an agent of, You may not assign the Contract for any reason. Any such attempted assignment shall be null and void and a breach of the Contract.
9.5 INDEPENDENT PARTIES. The parties hereto are and shall remain independent parties. Nothing herein shall be deemed to establish a partnership, joint venture, or agency relationship between the parties. Neither party shall have the right to obligate or bind the other party in any manner to any third party.
9.6 ENTIRE AGREEMENT. You agree that the Contract, including the policies and agreements it refers to, constitute the complete and only agreement between You and ALN regarding the Materials and Services contemplated herein.
9.7 SEVERABILITY. You agree that the terms of the Contract are severable. If any part of the Contract is determined to be unenforceable or invalid, that part of the Contract will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Contract. The remaining terms and conditions of the Contract will remain in full force and effect.
9.8 WAIVER. The failure of ALN to enforce any of the provisions within the Contract or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of ALN thereafter to enforce such provisions.
9.9 FORCE MAJEURE. ALN will make reasonable efforts to keep its website and Materials and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold ALN liable for any of the consequences of such interruptions.
ALN will promptly notify You of an event of force majeure. For any force majeure that exceeds one week, You will receive a pro-rata refund of any pre-paid fees.
9.10 AMBIGUITIES. Each party and its counsel have participated fully in the review and revision of the Contract. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting the Contract. The language in the Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
9.11 SURVIVAL. Sections 3, 5-8, and 9 shall survive this Agreement.
Last updated September 2020