DocketBird Terms of Use

Effective Date: May 22, 2018

This Terms of Use Agreement ("Agreement") governs the relationship between Mink LLC and users and others who interact with the website located at www.docketbird.com, including the services offered on or through the website. The term "DocketBird" shall encompass both the website and the services, and shall also encompass any applications relating to the website and services. By using or accessing DocketBird, you accept and agree to the terms of this Agreement. Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of DocketBird. If you do not agree to these Terms of Use, please do not use DocketBird.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use DocketBird and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Unauthorized Uses

You will not use DocketBird for commercial purposes other than the practice of law.

You will not send or otherwise post unauthorized commercial communications (such as spam) on DocketBird

You will not access DocketBird using automated means (such as harvesting bots, robots, spiders, or scrapers) without our written permission.

You will not use DocketBird to collect information (including, but not limited to, docket sheets and case documents) for any purpose other than the practice of law.

You will not copy DocketBird materials (including, without limitation, by taking screenshots of DocketBird) without our written authorization.

You will not upload viruses or other malicious code.

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, or harass any user.

You will not use DocketBird to do anything unlawful, misleading, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working of DocketBird, such as a denial of service attack.

You will not facilitate or encourage any violations of this Agreement

PACER/ECF Usage and Fees

When you provide us with your PACER and/or ECF login information, you authorize us to access your PACER and/or ECF accounts to search PACER and ECF, download docket sheets, case documents, attorney contact information, and other case-related information ("Case Information") on your behalf. For example, if you use DocketBird to request us to retrieve Case Information, we may do so using your PACER account or your ECF Account. In addition, in order to keep your Case Information up to date, DocketBird may periodically and automatically download the latest versions of docket sheets using your PACER account and/or ECF account.

You may choose to provide us with your ECF and/or PACER login information for the purposes of configuring your ECF account to send filing email notifications to DocketBird (or you may manually configure your PACER and/or ECF account to send us such email notifications). In that case, DocketBird will automatically retrieve Case Information on your behalf using your PACER and/or ECF account when such emails are received by DocketBird.

You also authorize us to use your PACER and/or ECF login information to ensure that our services maintain compatibility with the PACER and ECF systems, to access data relating to your PACER charges and transaction history to ensure that DocketBird is incurring charges as intended and to perform analytics on such data, and to otherwise automatically or manually debug and improve DocketBird for you and other DocketBird users.

When email notifications are received by DocketBird, DocketBird will attempt to automatically download all documents referenced in each email notification. Although DocketBird may sometimes be able to use the "free look" feature to do so, that is often not possible, and in those cases you will incur PACER's typical per-page fee when we download such documents.

If you choose, you may provide us with your credit card information so that we can download Case Information on your behalf using our own PACER and/or ECF accounts. We will charge your credit card for such downloads. You may also choose to have us automatically "reload" your account by re-charging your credit card when your balance is below a predetermined threshold. Such amounts charged to your credit card are non-refundable. If your DocketBird trial membership or paid membership expires, you will relinquish any remaining balance in your DocketBird account.

You are responsible for all fees changed to your PACER and ECF accounts as a result of DocketBird's use of your PACER and ECF login information. Mink LLC shall not be liable for any such fees, and if anyone brings a claim against Mink LLC related to such fees relating to your PACER and/or ECF accounts, you will indemnify and hold Mink LLC harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. You are responsible for regularly checking your PACER transactions and charges to ensure that they are in accordance with your expectations.

Sealed Documents

We take the security of sealed documents very seriously. Sometimes lawyers inadventently file sealed documents, and then electronic services like DocketBird download those documents and make them public before the error is caught. If that happens, please email us at info@docketbird.com, and we will ensure that any affected documents are properly protected. If you belong to a company/law firm DocketBird account, you understand that other members of that same company/law firm account can access each others' documents, including restricted/sealed documents. You are responsible for following all applicable court orders, including protective orders, regarding such documents. If you would like DocketBird to implement an intra-firm wall to ensure that certain members of your company cannot access certain cases or documents, please contact us at info@docketbird.com.

Availability and Accuracy of Case Information

We will endeavor to ensure that all Case Information on DocketBird is up to date and accurate. We will also endeavor to ensure that DocketBird operates continually and in perpetuity. However, we make no guarantees regarding the accuracy or availability of Case Information on DocketBird. Nor do we guarantee that the Case Information on DocketBird will accurately reflect the information on PACER or ECF. We disclaim all responsibility for claims arising out of inaccuracies or unavailability of Case Information on DocketBird. DocketBird is not designed to replace filing notifications from the Court. Accordingly, you must still review all emails that you receive from the Court. You alone are responsible for ensuring that you stay abreast of filings in your cases, that you review those filings, and that you meet all court deadlines.

Accuracy of Full Text Search and Optical Character Recognition

DocketBird performs optical character recognition ("OCR") on certain types of Case Information. We make no guarantee regarding the accuracy of this OCR. Nor do we guarantee that OCR will be performed on all documents.

Disputes

We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to DocketBird (including, but not limited to, disputes or claims regarding our Privacy Policy) ("Claims") by contacting DocketBird Customer Support at info@docketbird.com. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except that you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us or against any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Mink LLC's registered agent, United States Corporation Agents, Inc., at 500 N. Raindow Boulevard, Suite 300A, Las Vegas, Nevada 89107-1061. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

Registration and Account Security

You will not provide any false personal information using DocketBird, or create an account for anyone other than yourself without permission.

If we disable your account, you will not create another one without our permission.

You will not use DocketBird if you are under 13.

You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.

Amendments

We can change this Agreement at any time, if we provide you notice (by posting the new agreement on the DocketBird website). In order to give users an opportunity to comment regarding changes to the this Agreement, amendments will go into effect 3 days after they are posted to the website. To comment about a pending amendment, send an email to info@docketbird.com.

We can make amendments for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

Termination

If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of DocketBird to you, without notification.

Indemnification

If anyone brings a claim against us related to your actions, content or information on DocketBird, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Disclaimer of Warranties

WE TRY TO KEEP DOCKETBIRD UP, BUG-FREE, AND SAFE, BUT YOU USE DOCKETBIRD AT YOUR OWN RISK. WE ARE PROVIDING DOCKETBIRD AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT DOCKETBIRD WILL BE SAFE OR SECURE. MINK LLC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR DOCKETBIRD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR DOCKETBIRD WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MINK LLC's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Other

This Agreement makes up the entire agreement between the parties regarding DocketBird, and supersedes any prior agreements.

If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Agreement, it will not be considered a waiver.

Any amendment to or waiver of this Agreement must be made in writing and signed by us, unless the Agreement is amended by us when we post an amended version to the DocketBird website.

You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.

All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Agreement shall prevent us from complying with the law.

This Agreement does not confer any third party beneficiary rights.

You will comply with all applicable laws, and court rules and policies, when using or accessing DocketBird.