Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to CourtCase (“we”, “us”). By indicating your acceptance of the following terms of service agreement (“Terms”), you agree to be bound by and comply with its terms. Accordingly, you should review these Terms thoroughly. If you do not agree to comply with these Terms, you should not indicate your acceptance of them, and should not use CourtCase. You cannot use CourtCase services until you have indicated your acceptance of these Terms. We may revise and update these Terms from time to time, and you may view the most recent Terms on the CourtCase website.
You must be 18 years of age or older to use CourtCase. Any offers of sale are only intended for individuals who are 18 years of age or older. By using CourtCase services, you affirm that you are 18 years of age or older.
License and Conditions of Use
Conditioned on your compliance with these Terms, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use CourtCase. We reserve all rights of ownership in and to CourtCase not expressly granted to you.
You may not use CourtCase, or any search results or other information you may receive through use of CourtCase (“Information”), in any manner that violates any applicable law or regulation or that is inconsistent with these Terms. Specifically, you agree that you shall not use Information to engage in stalking or harassing of any individual, requesting information under false pretenses, or identify theft. You further agree that you shall not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify CourtCase in any manner or form, (iii) copy, distribute, or create derivative works based on the CourtCase Content (as defined below), (iv) exploit the CourtCase Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey CourtCase or any elements thereof.
Your violation of any of these Terms may result in automatic termination of your account and the licenses granted hereunder.
CourtCase does not compile background information for employment purposes and is not a “consumer reporting agency” under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., as amended. The reports we provide are not “consumer reports” under the FCRA because they are not used or expected to be used or collected in whole or in part for any permissible purpose under the FCRA. CourtCase simply aggregates and provides access to publicly-available information for personal and non-commercial use only. You are EXPRESSLY PROHIBITED from using any information from CourtCase search results (a) to discriminate against any consumer; (b) for the purpose of considering a consumer’s eligibility for personal credit or insurance, employment, housing, or a government license or benefit; or (c) otherwise to affect a consumer’s economic or financial status or standing. You understand, agree and acknowledge that any such use of information from CourtCase search results may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless CourtCase and its parents, subsidiaries, officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses or liabilities of whatever nature, due to or arising out of your use of information from CourtCase search results in a manner covered under the FCRA.
Copyrights and Trademarks
Except with respect to images and text that are in the public domain or otherwise publicly available, CourtCase and its content, including but not limited to any and all text, graphics, images, photographs, and computer code (collectively “CourtCase Content”) is owned by CourtCase and/or its related companies or licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. CourtCase and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the CourtCase Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the CourtCase Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the CourtCase Content. You may not to alter or delete any proprietary notices from CourtCase Content downloaded or printed from CourtCase.
CourtCase and the CourtCase logo are trademarks of CourtCase and/or its related companies, and any use of such marks without prior express written permission is hereby strictly prohibited.
You expressly agree that use of CourtCase is at your sole risk. CourtCase and its partners, licensors, and data providers shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) CourtCase, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all Information, services and other content provided through CourtCase.
Information is sourced from records made freely and publicly available by state and local offices, agencies, or departments, and that this data may contain errors and omissions. We do not guarantee that information is current or accurate, and you therefore should not use CourtCase to verify any individual’s arrest, booking, or criminal records, or the condition of any vehicles. We do not guarantee the correctness or completeness of CourtCase or Information. You understand that Information may not be available for all states and that we may not have access to some records that may be available to other parties. You also understand there may be a delay between our receipt of certain records and the inclusion of those records in Information. You recognize that our sole obligation in the case of erroneous Information, when notified in writing by you of such erroneous data, is correction of the Information in question.
For the most recent records concerning any individual or vehicle presented on CourtCase, contact the relevant state or local office, agency, or department. ALL INDIVIDUALS APPEARING ON CourtCase ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.
CourtCase is not affiliated with the United States Government or any federal or state government agency.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CourtCase PROVIDES ALL SERVICES AND INFORMATION “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CourtCase MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, CourtCase DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
CourtCase DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, CourtCase. YOUR USE OF CourtCase IS SOLELY AT YOUR OWN RISK.
CourtCase does not warrant that it will be uninterrupted or error free; nor does CourtCase make any warranty as to the results that may be obtained from use of CourtCase, or as to the accuracy or reliability of any information, service, or materials provided through the Services.
Limitation of Liability
CourtCase IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR CourtCase, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH CourtCase OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF CourtCase OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF CourtCase OR INFORMATION, WHETHER ONLINE OR OFFLINE.
CourtCase, ITS PARTNERS, licensors, AND DATA PROVIDERS WILL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFItS, LOSS OF DATA, ANY direct, indirect, incidental, punitive, special or consequential damages, OR CLAIMS OF THIRD PARTIES, (II) any loss or damage of any kind incurred as a result of the use of or reliance upon THE COMPLETENESS OR ACCURACY OF any INFORMATION MADE AVAILABLE VIA CourtCase. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY even if WE HAVE BEEN advised of OR SHOULD HAVE BEEN AWARE OF their possibility.
You agree to indemnify, defend, and hold harmless CourtCase and its partners, licensors, and data providers, and each of their respective members, officers, directors, employees, agents, and shareholders, from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the CourtCase or any Information you obtain through the CourtCase and (ii) your violation of these Terms your, (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
We reserve the right to terminate or restrict your account and/or access to CourtCase for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of these Terms. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of CourtCase. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.
Any dispute concerning CourtCase, Information, or these Terms will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys’ fees, in addition to any other relief the party may obtain.
These Terms constitute the entire agreement between you and us, and governs your use of CourtCase, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in these Terms will not constitute a waiver of that provision or any other provision of these Terms.
If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here to contact us or write:
1337 Massachusetts Avenue, Unit 101
Arlington, MA 02476