CourtNotes | Legal Research

Terms and Conditions

Introduction

Welcome to CourtNotes. These Terms and Conditions ("Terms") govern your use of the CourtNotes platform ("Platform") provided by CourtNotes, Inc. ("Company", "we", "us", or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

1. Definitions

1.1 User: Any individual or entity who accesses or uses the Platform.

1.2 Content: All information, data, text, software, images, and other materials available on the Platform.

1.3 Subscription: The access to and use of the Platform provided under these Terms.

1.4 User Content: Any content, including but not limited to documents, notes, comments, and highlights that Users upload, post, or otherwise transmit through the Platform.

1.5 Subscription Fee: The fee paid by subscribers for access to the Platform.

2. Use of the Platform

2.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Platform.

2.2 Account Registration: To access certain features, you must register for an account. You agree to provide accurate and complete information during registration and to update your information to keep it accurate and complete.

2.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

2.4 Prohibited Uses: You agree not to:

  • Use the Platform for any illegal or unauthorised purpose.
  • Interfere with or disrupt the integrity or performance of the Platform.
  • Attempt to gain unauthorised access to the Platform or its related systems or networks.
  • Use the Platform to distribute viruses or other harmful software.
  • Modify, copy, or create derivative works based on the Platform.
  • Decompile, reverse-engineer, or disassemble the Platform.
  • Rent, lease, lend, sell, sublicense, or otherwise transfer any rights in the Platform.
  • Use the Platform for any purpose other than its intended purpose.

2.5 Compliance with Laws: You agree to comply with all applicable laws and regulations in connection with your use of the Platform.

3. Subscriptions and Payments

3.1 Subscription Plans: The Platform offers various subscription plans. Detailed information about the features and pricing of these plans is available on our website.

3.2 Payment: Subscription fees are billed in advance according to the chosen subscription plan. Payments are non-refundable except as expressly stated in the subscription plans on our website.

3.3 Automatic Renewal: Subscriptions will automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date.

3.4 Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period.

3.5 Changes to Subscription Plans: We reserve the right to modify the subscription plans, including the pricing and features, at any time. We will provide you with notice of any material changes. Your continued use of the Platform after the changes take effect constitutes your acceptance of the new terms.

3.6 Detailed Payment Terms: Subscription fees are payable via the payment methods specified by us. Payments are due on the date indicated in the invoice. Payments are due on the date indicated in the invoice. Any late payment will incur interest at the rate of 1.5% per month, or the highest rate allowed by law, whichever is lower. You are responsible for all applicable taxes, duties, or other governmental charges.

4. Service Level Agreement

4.1 Uptime Guarantee: We strive to maintain an uptime of 99.5% for the Platform. This uptime percentage is measured over a calendar month.

4.2 Support Response Times: We will respond to support requests within 24 hours during business days.

4.3 Performance Metrics: We monitor the performance of the Platform to ensure it meets our service standards. In case of any performance issues, we will take reasonable measures to resolve them promptly.

5. Data Ownership and Return of Data

5.1 Data Ownership: You retain all rights to any data you upload to the Platform ("Your Data"). We do not claim ownership of Your Data.

5.2 Data Retrieval: Upon termination or expiration of your subscription, you may request the return of Your Data. We will provide you with a copy of Your Data in a standard format. Requests for data retrieval must be made within 30 days of termination or expiration.

5.3 Data Deletion: After 30 days from termination or expiration, we reserve the right to delete Your Data from our systems.

6. Security and Compliance Certifications

6.1 Security Measures: We implement industry-standard security measures to protect Your Data against unauthorised access, loss, or destruction. These measures include encryption, firewalls, and secure access controls.

6.2 Compliance: We comply with relevant legal and industry standards. In case of a data breach, we will notify you in accordance with applicable laws.

7. Intellectual Property Rights

7.1 Ownership: The Platform and its Content, including all intellectual property rights, are the exclusive property of the Company or its licensors.

7.2 Licence: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal or professional use.

7.3 User Contributions: Any feedback, suggestions, or ideas provided by you regarding the Platform ("Feedback") will be the sole property of the Company. You hereby assign all rights in such Feedback to the Company, and agree that the Company may use the Feedback for any purpose without any compensation to you.

8. User Content

8.1 User Responsibility: You are solely responsible for any User Content you upload, post, or otherwise transmit through the Platform.

8.2 Prohibited Content: You agree not to upload, post, or transmit any User Content that:

  • Is unlawful, harmful, or defamatory.
  • Contains viruses or other harmful software.
  • Is obscene, offensive, or otherwise objectionable.

8.3 Monitoring and Removal: We reserve the right to monitor User Content and to remove any User Content that we deem, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Platform or its Users.

9. Data Protection and Privacy

9.1 Privacy Policy: Your use of the Platform is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.

9.2 Data Security: We implement reasonable security measures to protect your data. However, we cannot guarantee the absolute security of your data and are not responsible for unauthorised access to your account or data.

10. Confidentiality

10.1 Confidential Information: "Confidential Information" means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects, that is designated as "Confidential" or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

10.2 Obligations: Each party agrees to:

  • Use the Confidential Information of the other party only for the purposes of performing its obligations or exercising its rights under these Terms.
  • Take reasonable precautions to protect the confidentiality of the other party's Confidential Information.
  • Not disclose the Confidential Information to any third party except as permitted by these Terms or with the other party's prior written consent.

11. Disclaimer of Warranties

11.1 As-Is Basis: The Platform is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Platform, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 No Legal Advice: Any information or output provided by the Platform, including AI-generated insights, does not constitute legal advice and is intended solely for educational and research purposes. The Company is not responsible for any errors or inaccuracies in the information provided by the Platform.

11.3 No Guarantee of Results: We do not guarantee that the Platform will meet your requirements or that it will be uninterrupted, secure, or error-free. We also do not guarantee the accuracy or completeness of any information provided through the Platform.

12. Limitation of Liability

12.1 Exclusion of Damages: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with the Platform or these Terms.

12.2 Limitation of Liability: Our total liability to you for any claims arising out of or relating to the Platform or these Terms, whether in contract, tort, or otherwise, shall not exceed the amount paid by you to us for your use of the Platform in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

14. Term and Termination

14.1 Term: These Terms will remain in effect for as long as you use the Platform or maintain an account.

14.2 Termination by You: You may terminate your account at any time.

14.3 Termination by Us: We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms.

14.4 Effect of Termination: Upon termination of your account, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. General Provisions

15.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.

15.2 Dispute Resolution:

  • Initial Negotiation: In the event of any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof ("Dispute"), the parties shall first attempt to resolve the Dispute through good faith negotiations.
  • Mediation: If the Dispute is not resolved within 30 days of the commencement of negotiations, either party may refer the Dispute to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. The mediation will start no later than 30 days after the date of the mediation notice.
  • Arbitration Option: If the Dispute is not resolved within 60 days after it is referred to mediation, the Dispute may, at the election of either party, be finally resolved by arbitration under the Rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
  • Litigation Option: Notwithstanding the above, if either party prefers, the Dispute may be brought before the courts of England and Wales, and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any Dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
  • Binding Decision: Any award or judgment, including an award of arbitration or a court judgment, shall be binding and enforceable in any court of competent jurisdiction.

15.3 Changes to These Terms and Conditions: We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our Platform. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

15.4 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.5 Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.6 Notices: All notices required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or one day after being sent, if sent for next-day delivery by recognized overnight delivery service.