DEADLINES.COM LICENSE AGREEMENT
Effective Date: April 1, 2012
IMPORTANT! Use of the Services and downloading and use of the Information is licensed only on the condition that you agree to the terms and conditions set forth below. PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THIS PAGE LABELED “I ACCEPT,” AT WHICH TIME YOU MAY ACCESS THE SERVICE AND THE INFORMATION. BY CLICKING THE BOX LABELED “I ACCEPT,” YOU NOT ONLY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, BUT YOU ALSO REPRESENT AND WARRANT TO DEADLINES.COM THAT (i) YOU HAVE THE REQUISITE EXPERIENCE AND SOPHISTICATION TO UNDERSTAND, INTERPRET, AND AGREE TO THE PARTICULAR TERMS AND CONDITIONS OF THIS AGREEMENT; (ii) YOU ACTUALLY HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND (iii) YOU THE AUTHORITY TO, AND IN FACT DO, BIND THE LEGAL ENTITY THAT EMPLOYS YOU AND ALL OF SUCH ENTITY’S EMPLOYEES AND OTHER PERSONS WHO WILL ACCESS, DOWNLOAD AND/OR USE THE SERVICE OR THE INFORMATION. ACCORDINGLY, FOR PURPOSES OF THIS AGREEMENT, “YOU” SHALL MEAN THE INDIVIDUAL ACCESSING, DOWNLOADING AND/OR USING THE SERVICE OR THE INFORMATION, THE LEGAL ENTITY THAT EMPLOYS SUCH INDIVIDUAL AND ALL OF SUCH ENTITY’S EMPLOYEES AND OTHER PERSONS WHO WILL ACCESS, DOWNLOAD AND/OR USE THE SERVICE OR THE INFORMATION.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THIS PAGE LABELED “I DO NOT ACCEPT,” WHICH WILL RETURN YOU TO THE PREVIOUS WEB PAGE WITHOUT ANY ACCESS TO THE SERVICE OR THE INFORMATION.
License Grant and Restrictions
License Grant. Deadlines.com grants you a personal, non-exclusive, non-transferable, revocable, limited right to the following:
- to access and use the Services solely for research and reference purposes;
- to download and electronically display the Information and to create a single printout of such Information for your sole and exclusive use; and
- 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.
Restrictions. Except as expressly provided in this Agreement, you may not:
- Access or use the Services or any portion of this website; or
- Display, download, copy, transmit, distribute, reproduce, modify, transfer, lease, loan, sell or sublicense, create derivative works from, reverse engineer, decompile, disassemble, or attempt to derive the source code of or otherwise use (including, without limitation, to provide service bureau or time-sharing services) 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).
You agree to take all reasonable steps to safeguard your User ID and Password for the Service so as to ensure that no unauthorized person will have access to it, and that no persons authorized to have access will make any unauthorized use. You shall promptly report to Deadlines.com any unauthorized use of the Service or Information of which you become aware and shall take such further steps as may reasonably be requested by Deadlines.com to prevent unauthorized use thereof.
- 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.com 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.com, 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.
- Restricted Use. Deadlines.com hereby reserves the right to terminate, change, suspend or discontinue the rights of any user with respect to such user’s use of this website at any time and for any reason.
- License Grant. Deadlines.com grants you a personal, non-exclusive, non-transferable, revocable, limited right to the following:
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.com. The Proprietary Property displayed on the Deadlines.com website is the registered and unregistered Proprietary Property of Deadlines.com. 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.com 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.com, unless otherwise noted, or are the protected property of third parties. Deadlines.com 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.com.
Definitions. The following definitions shall apply to this Section 3:
- 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.
- 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.
- 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.
You agree and understand that (1) the court rules and other laws underlying the services provided by Deadlines.com 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 or relied upon 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:
- 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
- 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.COM PROVIDES THE SERVICES AND INFORMATION AVAILABLE THROUGH THIS WEBSITE FOR YOUR CONVENIENCE ONLY, AND IN NO EVENT SHALL DEADLINES.COM BE LIABLE FOR ANY LOSSES, EXPENSES OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY NATURE WHATSOEVER 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.COM 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.COM BE LIABLE FOR ANY LOSSES OR EXPENSES WHATSOEVER INCURRED AS A RESULT OF SUCH INTERVENING CIRCUMSTANCES. (SEE SECTION 4 FOR OTHER DISCLAIMERS OF WARRANTIES.)
- Definitions. The following definitions shall apply to this Section 3:
Limited Warranty and Limited Liability.
- Limited Warranty. Deadlines.com warrants that it has the right and authority to provide the Services and the Information pursuant to the terms and provisions of this Agreement.
- 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.COM 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.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS 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.COM 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 WHATSOEVER. DEADLINES.COM 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, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT OR ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. FURTHER, DEADLINES.COM DOES NOT WARRANT THAT THE SERVICE OR INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, DEADLINES.COM DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SERVICE OR THE INFORMATION AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SERVICE OR THE INFORMATION. YOU SPECIFICALLY AGREE THAT DEADLINES.COM SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY 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.COM. YOU SPECIFICALLY AGREE THAT DEADLINES.COM 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.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THIS WEBSITE BY ANY THIRD PARTY.
- Limited Liability. IN NO EVENT SHALL DEADLINES.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY NATURE 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 TO 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.COM 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. YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE SERVICES OR THE INFORMATION IS TO DISCONTINUE USING THE DEADLINES.COM WEBSITE AND TO OBTAIN A FULL REFUND OF THE APPLICABLE USAGE FEE.
- Content Accuracy and Errors. This website is provided by Deadlines.com 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.com of such error or omission by emailing Deadlines.com at email@example.com or by calling Deadlines.com at (888) 363-5522.
- Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. The federal and state courts located in the County of Los Angeles, in the State of California, shall have exclusive jurisdiction and venue with respect to all actions, claims and proceedings arising out of or relating to this Agreement, or its enforcement. 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.
- Specific Performance. In addition to any other rights or remedies, Deadlines.com 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.
- 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.
- No Waiver. No waiver by Deadlines.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Section Headings. The section headings used herein are for convenience only and shall not be given any legal import.
- Modification of Agreement. Deadlines.com may revise this Agreement at any time in its sole discretion 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). You will be required to click your acceptance of new or updated versions of this Agreement. If you do not accept any such new or updated version of this Agreement, you will no longer be permitted to access the Services or the Information.
- Right to Terminate. Deadlines.com 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.com may also impose limits on features and services offered on the website, or restrict your access to all or any portion of the website, without prior notice and without liability. Deadlines.com 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.
DEADLINES.COM 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 Licensing Department.