EULA - End User License Agreement
Effective Date: June 23, 2009
The services and materials available via the Deadlines On Demand website are provided by Deadlines On Demand, LLC (Deadlines On Demand) for the purposes of providing you with access to Deadlines On Demand’s online tool for automatically calculating certain legal deadlines (based on information that you provide) (collectively, the Services). By accessing this website and using the Services, you signify your acceptance of the following terms and conditions without limitation or qualification (the Agreement); PROVIDED, HOWEVER, YOUR USE OF THIS WEBSITE IS ALSO GOVERNED BY DEADLINES ON DEMAND’S TERMS OF USE AND PRIVACY POLICY, EXCEPT TO THE EXTENT THAT THE TERMS SET FORTH IN EITHER OF DEADLINES ON DEMAND’S TERMS OF USE OR PRIVACY POLICY GOVERN MATTERS SPECIFICALLY GOVERNED BY TERMS SET FORTH IN THIS AGREEMENT (in which case, the terms SET FORTH IN THIS AGREEMENT shall govern).
WARNING: THE SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED FOR RESEARCH AND REFERENCE USE ONLY. In addition, YOU MAY ONLY USE THE SERVICES UNDER THE DIRECT SUPERVISION OF A LICENSED ATTORNEY OR IF YOU ARE A LICENSED ATTORNEY. Although the Services may provide you with information that you may wish to use as a primary warning system for critical dates, THIS AGREEMENT (AND YOUR PROFESSIONAL DUTIES AS AN ATTORNEY) OBLIGATE YOU TO REVIEW AND INDEPENDENTLY VERIFY THE INFORMATION OUTPUT FROM SUCH SERVICES (See Section 3 below). The information retrieved as a result of your use of the Services (the Information) is not intended to and does not constitute legal advice, and no attorney-client relationship is formed as a result of your use of the Services or this website or your receipt of the Information as a result thereof. In addition, subject to Deadlines On Demand’s Privacy Policy, no information that you submit to this website will be treated as confidential. As described more fully in Section 4 below, in no event will Deadlines On Demand be liable for any direct, indirect, punitive, incidental, special, consequential or other damages that may result from the use of the Services, even if Deadlines On Demand has been advised of the possibility of such damages, or for any claim against you by any third party. Notwithstanding anything to the contrary contained herein, Deadlines On Demand’s liability to you for any reason whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Deadlines On Demand for the rights granted to you pursuant to this Agreement. For further information regarding our refund policy and how to request a refund for such amounts paid by you, please refer to our Refund Policy.
1. License Grant and Restrictions
(a) License Grant. Deadlines On Demand grants you a personal, non-exclusive, non-transferable, revocable, limited right to the following:
(i) to access and use the Services solely for research and reference purposes;
(ii) to electronically display the Information and to create a single printout of such Information for your sole and exclusive use; and
(iii) to the extent permitted by applicable copyright law, to make copies of and distribute the printout of the Information solely for your own research and reference purposes.
(b) Restrictions. Except as expressly provided in this Agreement, you may not:
(i) Access or use the Services or any portion of this website; or
(ii) Display, download, copy, transmit, distribute, reproduce, modify, transfer or sell, create derivative works from, reverse engineer or otherwise use or exploit any of the Information or any other information, materials, software, designs, text or images available as a result of your use of the Services or by means of your use of this website for any purposes whatsoever (including but not limited to public or commercial purposes).
(c) Ownership of Rights. You hereby acknowledge and agree that (i) the Services, the Information, and all other information, materials, software, designs, text or images available as a result of your use of the Services or by means of your use of this website are protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws, and Deadlines On Demand will vigorously enforce all such rights, (ii) all right, title and interest in and to the Services, the Information, and all other information, materials, software, designs, text or images available as a result of your use of the Services or by means of your use of this website is the sole and exclusive property of Deadlines On Demand, and (iii) you acquire no right, title or interest in or to any of the foregoing by your use of the Services, the Information or this website.
(d) Restricted Use. Deadlines On Demand hereby reserves the right to terminate, change, suspend or discontinue the rights of any user with respect to such users use of this website at any time and for any reason.
2. Proprietary Property. This website contains many of the valuable trademarks, patented information, names, titles, logos, images, designs, copyrights, trade secrets and other proprietary materials (collectively Proprietary Property) owned and registered by Deadlines On Demand. The Proprietary Property displayed on the Deadlines On Demand website is the registered and unregistered Proprietary Property of Deadlines On Demand. Except as otherwise provided in this Agreement, nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Proprietary Property displayed on or available through the website, or any license or right to use any other proprietary property owned by any other third party. In the event that you misuse any Proprietary Property in violation of this policy, Deadlines On Demand will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecutions. You should assume that all materials, designs, text and images contained in the website are either the protected property of Deadlines On Demand, unless otherwise noted, or are the protected property of third parties. Deadlines On Demand neither warrants nor represents that your use of any materials, designs, text and images displayed on the website will not infringe rights of third parties not owned by or affiliated with Deadlines On Demand.
3. Licensee Obligations.
(a) Definitions. The following definitions shall apply to this Section 3:
(i) Court Rules shall mean all rules of practice and procedure of any court in any jurisdiction under the laws of the United States, duly adopted by a governing body having authority in the jurisdiction to promulgate any rules of practice and procedure for the courts, and shall encompass all other rules of practice and procedure imposed by any federal, state, county, city or municipal government, authority, body, commission, council, legislature, court, agency, board or organization, or other governmental, legislative, judicial or regulatory body, as used in the Services, to calculate dates.
(ii) Holiday List shall mean all days on which the court or other similar tribunal is closed or does not convene whether in observance of, or pursuant to, its own rules and procedures, Court Rules or local, state or national holidays.
(b) You agree and understand that use of the Services and the Information available through this website is STRICTLY PROHIBITED UNLESS YOU ARE A LICENSED ATTORNEY OR UNLESS YOU ARE DIRECTLY SUPERVISED BY A LICENSED ATTORNEY IN YOUR USE OF THE SERVICES AND THE INFORMATION. IF YOU ARE NOT A LICENSED ATTORNEY, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU WILL ONLY USE THE SERVICES AND INFORMATION IF YOU ARE DIRECTLY SUPERVISED BY A LICENSED ATTORNEY IN ANY USE OF THE SERVICES AND INFORMATION.
(c) You agree and understand that (1) the court rules and other laws underlying the services provided by Deadlines On Demand via this website may change from time to time, AND (2) that your use of the services and information available through this website is not intended, nor should it be considered by you, to substitute for your compliance with your professional duties or the use of your professional judgment in reading and interpreting the court rules, which duties include an obligation on your part to do the following:
(i) Obtaining a copy of the current applicable Court Rules for the applicable court(s) and comparing and evaluating the Information retrieved by your use of the Services in light of your own information and interpretation about, and of, those Court Rule(s). You understand, acknowledge and agree that such review and testing is absolutely required to assure accuracy, consistency and completeness of your compliance with the Court Rule(s) that may apply in applicable court(s) for which you seek to obtain the Information; and then
(ii) Obtaining a copy of the current Holiday List for the applicable court(s) and applying the Court Rules obtained in accordance with Section 3(b)(i) above in light of such Holiday List and further testing the accuracy of the Information.
YOU AGREE AND UNDERSTAND THAT DEADLINES ON DEMAND PROVIDES THE SERVICES AND INFORMATION AVAILABLE THROUGH THIS WEBSITE FOR YOUR CONVENIENCE, AND IN NO EVENT SHALL DEADLINES ON DEMAND BE LIABLE FOR ANY LOSSES OR EXPENSES INCURRED AS A RESULT OF YOUR FAILURE TO COMPLY WITH YOUR PROFESSIONAL DUTIES OR YOUR FAILURE TO PROPERLY READ, REVIEW AND INTERPRET THE COURT RULES. YOU ACKNOWLEDGE THAT INTERVENING CIRCUMSTANCES MAY ARISE AFTER THE DATE THAT DEADLINES ON DEMAND PROVIDES YOU SERVICES AND INFORMATION THROUGH THIS WEBSITE (SUCH AS CHANGES TO A COURTS CALENDAR AFTER THE DATE THAT THE SERVICES AND INFORMATION ARE PROVIDED TO YOU) THAT MAY CAUSE THE SERVICES AND INFORMATION PROVIDED THROUGH THIS WEBSITE TO CEASE BEING ACCURATE, AND IN NO EVENT SHALL DEADLINES ON DEMAND BE LIABLE FOR ANY LOSSES OR EXPENSES INCURRED AS A RESULT OF SUCH INTERVENING CIRCUMSTANCES. (SEE SECTION 4 FOR OTHER DISCLAIMERS OF WARRANTIES.)
(d) You hereby acknowledge and agree that, in addition to the restrictions set forth in Deadlines On Demand’s Terms of Use with respect to the posting and transmission of certain information and materials to Deadlines On Demand, you are prohibited from posting or transmitting any false or misleading information or materials to Deadlines On Demand.
4. Limited Warranty and Limited Liability.
(a) Limited Warranty. Deadlines On Demand warrants that it has the right and authority to provide the Services and the Information pursuant to the terms and provisions of this Agreement.
(b) Disclaimer of Other Warranties. THE SERVICES AVAILABLE THROUGH THIS WEBSITE AND THE INFORMATION RETRIEVED THEREBY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY made to this website and to the information and the services available through this website. Deadlines On Demand may make improvements and/or changes in the website at any time. The INFORMATION and THE SERVICES available through this WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IN ADDITION, YOU ARE EXPRESSLY BOUND BY THE OBLIGATIONS SET FORTH IN SECTION 3.
DEADLINES ON DEMAND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SERVICES, THE INFORMATION or any other site materials and related graphics RETRIEVED VIA YOUR USE OF THE SERVICES AND THIS WEBSITE FOR ANY PURPOSE. In addition, Deadlines On Demand makes no representations that the Services or the Information available through this website are free from viruses or other harmful components. THE SERVICES, THE INFORMATION and all other site materials and related graphics AVAILABLE through THIS WEBSITE ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. DEADLINES ON DEMAND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, THE INFORMATION and all other site materials and related graphics AVAILABLE through THIS WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT DEADLINES ON DEMAND SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OR WITH DEADLINES ON DEMAND. You specifically agree that Deadlines On Demand is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Deadlines On Demand is not responsible for any content sent using and/or included on this website by any third party.
(c) Limited Liability. IN NO EVENT SHALL DEADLINES ON DEMAND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE SERVICES OR THE INFORMATION, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR THE SERVICES OR OBTAIN THE INFORMATION, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION OR OTHER SITE MATERIALS or related graphics OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICES, THE INFORMATION OR THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEADLINES ON DEMAND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY OF THESE POLICIES AND TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DEADLINES ON DEMAND WEBSITE AND TO OBTAIN A FULL REFUND OF THE APPLICABLE LICENSE/USAGE FEE.
5. Licensee Warranties and Indemnification. You hereby warrant the timeliness, accuracy and completeness of the information and materials that you deliver, send or submit to Deadlines On Demand arising out of or in any way connected with your use of this Website and the Services and the Information available through this Website. You agree that you shall be solely liable for any and all claims or losses of any nature (including reasonable attorneys’ fees), arising out of or in any way connected with the use of such information and materials by Deadlines On Demand or occasioned thereby. You hereby agree to defend, indemnify and hold harmless Deadlines On Demand and its employees, agents, officers, directors and other affiliates, from and against all claims and expenses, including reasonable attorneys’ fees, arising out of your use of this Website, the Services or the Information, or from any breach of any term or condition of this Agreement, or any inaccuracy or omission of any representation or warranty by you set forth in this Agreement or any other agreement between you and Deadlines On Demand (including the Website Terms of Use).
6. Content Accuracy and Errors. This website is provided by Deadlines On Demand on an as-is basis. In the event that you detect any errors or omissions in this website, you hereby agree to promptly notify Deadlines On Demand of such error or omission by emailing Deadlines On Demand at support@deadlines.com or by calling Deadlines On Demand at (888) 363-5522.
7. Miscellaneous Provisions.
(a) Law and Forum. THIS AGREEMENT SHALL BE CONSTRUED ACCORDING TO, AND THE RIGHTS OF THE PARTIES SHALL BE GOVERNED EXCLUSIVELY BY, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ANY DOCTRINES OF CONFLICTS OF LAW. ANY LEGAL ACTION RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AND DETERMINED BY A COURT OF COMPETENT JURISDICTION IN LOS ANGELES, CALIFORNIA (AND YOU IRREVOCABLY CONSENT TO JURISDICTION IN SUCH COURT), AND A FORUM IN ANY OTHER SITE SHALL NOT HAVE AUTHORITY TO DETERMINE ANY ISSUE(S) RELATED TO THIS AGREEMENT. You hereby waive any right to commence, defend, or prosecute any claim, action or proceeding in any other venue or jurisdiction, or to seek dismissal of any action, claim or proceeding in the County of Los Angeles, in the State of California, on the basis of improper venue, forum non-conveniens, in the interests of justice, or otherwise.
(b) Specific Performance. In addition to any other rights or remedies, Deadlines On Demand shall have the right to bring an action to enforce the terms of this Agreement by decree of specific performance without being required to prove actual damages, post bond or furnish other security, and you hereby agree to waive any and all defenses against any such action for specific performance based on the grounds that there is an adequate remedy for money damages available.
(c) Severability. In the event that any portion of this Agreement is found to be invalid or otherwise unenforceable, this Agreement shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable provision of this Agreement shall be construed as narrowly as possible in order to give maximum effect to as much of this Agreement as possible.
(d) No Waiver. No waiver by Deadlines On Demand of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
(e) Section Headings. The section headings used herein are for convenience only and shall not be given any legal import.
(f) Modification of Agreement. Deadlines On Demand may revise this Agreement at any time by updating this posting. All versions of this Agreement are dated with the Effective Date (the date on which the version was posted to this website). Any use by you of the Services or this website after any such revisions are posted shall be deemed to constitute acceptance by you of such changes, and you should therefore periodically visit this page to review the then-current Agreement to which you are bound.
(g) Right to Terminate. Deadlines On Demand may terminate, change, suspend or discontinue any aspect of THE SERVICES OR INFORMATION AVAILABLE VIA THIS website, including the availability of any features, at any time. Deadlines On Demand may also impose limits on features and services offered on the Site, or restrict your access to all or any portion of the website, without PRIOR notice AND WITHOUT liability. Deadlines On Demand may terminate any rights granted pursuant to this Agreement at any time, which right shall include the right to credit your charge card for any fees collected and to terminate any license granted to you hereunder, and upon such termination, you shall immediately cease to use and destroy all materials from this website in your possession.
(h) Integration. This Agreement, together with the other agreements referenced herein, is the complete and exclusive statement of the rights and obligations between Deadlines On Demand and you, and supersedes any prior Agreement, oral or written, and any other communications between you and Deadlines On Demand relating to the subject matter of this Agreement. For the avoidance of doubt, your use of this website and the Services is subject to the Terms of Use for Deadlines On Demand’s Website and Deadlines On Demand’s Privacy Policy, except to the extent that the terms set forth therein govern matters specifically governed by the terms set forth herein (in which case the terms herein shall govern).
USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF LICENSE AGREEMENT. DEADLINES ON DEMAND RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF LICENSE AGREEMENT AT ANY TIME BY POSTING A REVISED AGREEMENT ONLINE. If you have any further questions, please send an e-mail to our Legal Department.