Terms of Service
By using the DocketDB website ("Service"), which is a service of BlindCarbon LLC ("We" or "Us"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that enhance or modify the current Service, including the release of new tools or data sets, are subject to these Terms of Service. Your continued use of the Service constitutes your consent to such changes. You can review the current version of the Terms of Service at http://docketdb.com/about/terms
I. Subscriptions and Access by Non-Subscribers
Subscribers
Subscribers are those who have registered for an account on the site. We offer two subscription levels:
- Individual Plan. The Individual Plan offers one (1) user account at a rate of $30 per month. Each lawyer who signs for the Individual Plan may share access with a paralegal or secretary who is assisting with his or her own matters. With that exception, it is a violation these terms to share access to an Individual Plan with others.
- Group Plan. Members of a department, firm, or other group can hold individual user accounts that are part of a Group Plan. A Group Plan is created when a single person signs up to administer and pay for the account. That administrator is responsible for arranging payment covering all users on the Group Plan. The administrator can then authorize individual new "user accounts" up to the total number of users that have been (A "user account" is a distinct name and password combination granting access to the site.) By default, the Group Plan offers 10 user accounts at $25 per month for each user. Administrators can increase that user limit using the tools on the site. Each person holding a valid "user account" created as part of a Group Plan is also bound by these terms.
We reserve the right to make changes in these subscription plans with 30 days notice posted on the website. Changes applicable to existing subscribers will also be sent by email.
Non-Subscribers
Certain parts of the site are made available to the general public, including non-subscribers, for viewing through a web browser, an RSS reader, or otherwise. Anyone who does not hold a valid and current user account is a non-subscriber.
Non-subscribers have access to parts of the site that do not require login credentials and that can be accessed directly through the menu system or search boxes on the public portions of the site. Non-subscribers do not have an obligation to pay a subscription fee to access those parts of the site that we make available to the public, but they do subject themselves to the remainder of these Terms of Service.
II. Payments and Free Trials
Free Trial Period. New accounts receive a 30-day free trial period before the credit card on file for the account is charged. If the new account was created without giving credit card information, the account will be automatically cancelled and made inactive at the end of the trial period. Users who reactivate an account that was previously cancelled do not receive a free trial.
Service Period. The Service is billed in advance on a monthly basis and is non-refundable. There are no refunds or credits for partial months of service or upgrade/downgrade refunds. For any upgrade or downgrade, your credit card will automatically be charged the new rate on your next billing cycle.
Liability for Taxes. BlindCarbon will pay sales taxes to the State of Texas for services provided to subscribers who have given us a billing address in the State of Texas. If your use of this service triggers a tax obligation to another entity, you are responsible for appropriate payment of those taxes.
Credit Card Authorization. By subscribing and sharing your credit card information, you authorize us to charge your account for the amount of your subscription each month.
If Payment Is Declined. If your credit card is declined, your account will be automatically suspended and made inactive.
III. Cancellation
Cancellation. Cancellations are effective when they are confirmed using the confirmation box on the site, which provides a simple, no-reason-necessary method to cancel. Cancellations made through the website take effective immediately and you will not be charged again.
No Partial Refunds. We do not offer partial refunds. Because we bill in advance, we will not charge you again after you have cancelled.
Data Loss. When you cancel your account, your private data may be deleted form our system, and it may not be possible to recover this information after you have cancelled. If you need to extract your data from our system, you are responsible for doing so before cancellation. (If you need assistance in doing this, please contact us.)
IV. Information on the Site
Rights in the Underlying Data. BlindCarbon owns the underlying database, including the processed versions of court information, judicial opinions, and other materials that have been reprocessed or modified from public documents, to the extent permitted by copyright law. As a subscriber, you are authorized to view and use this information in the use of our Service.
Information You Enter. We do not claim any intellectual property interest in the information that you submit to our Service. Your submission of the information does grant us a license to display the information according to your instructions. If you set some of your information to be shared with others, you agree to allow others to view and share that information.
Look and Feel; the Service Itself. The look and feel of the site, as well as the visual presentation of the information here, is protected by copyright.
No Scraping. It is a violation of these Terms of Service to use any automated method to "scrape" or otherwise remove data from this site, other than as may be outlined in a formal API (Application Programming Interface).
V. Miscellaneous Terms
- You must be at least thirteen years old to use this Service.
- You must provide a valid email address to complete the signup process.
- You are responsible for maintaining the security of your own passwords. We do not generate passwords for you or store them in our own system. You should choose secure passwords and ensure that they are not made available to others.
- Nonsubscribers are not permitted to use any sort of ad-blocking technology. (Subscriber areas of the site do not have ads.)
- You must not use the Service for any unauthorized or illegal purpose. You must not use the Service to violate any laws applicable to that use, including but not limited to laws governing copyright.
- You must agree not to use the service to upload, post, host, or transmit unsolicited email, SMS, or other messages.
VI. Legal Disclaimers
Limitation of Remedies. You understand and agree that BlindCarbon will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to lost profits, loss of data, or diminution of goodwill, resulting from use of the service or its temporary inaccessibility. Your remedy for any claim relating to the use of the service or its inability shall be limited to recovery of the subscription fees you have actually paid during a period not to exceed the previous twelve months.
Warranty Disclaimer. EXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BLINDCARBON AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT. BLINDCARBON ASSUMES NO RESPONSIBILITY FOR THE USE OF THE SERVICE(S). BLINDCARBON AND ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICE. BLINDCARBON MAKES NO REPRESENTATION THAT BLINDCARBON (OR ANY THIRD PARTY) WILL ISSUE UPDATES OR ENHANCEMENTS TO THE SERVICE. BLINDCARBON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE EFFECTIVE DATE.
Choice of Law and Forum. Any disputes arising from this agreement will be handled under Texas law, exclusive of its choice-of-law principles, in a court based in Travis County, Texas.
last update: September 15, 2008
