TERMS OF USE

For a summary of all changes, see revision history at the end of the document.

  1. License.
  1. The Judici.com site is comprised of the following types of content (collectively the “Content”):
  1. certain information originating in court records maintained by the clerk of each such court (collectively “Data”);
  2. advertisements and searchable directory of service and products (hereinafter the Advertisements”) provided by third party individuals or entities (hereinafter “Advertisers”); and
  3. other content comprising the Judici.com site.
  1. You are being granted a nonexclusive, nontransferable, limited license to access and use the Judici.com site and the Content contained thereon. This license to use the Judici.com site and Content is conditioned on your compliance with these Terms of Use. You may use the functionality of the Judici.com web site to search, access, review and print (using a web browser) the Content. You may also download into the memory or storage medium of a computer other than those controlled by Judici.com insubstantial portions of the Data (“Downloaded Data”) for purposes of manipulation by a program other than a web browser. For purposes of clarity, the foregoing permission to download Data does not extend to Advertisements, and you are strictly prohibited from downloading Advertisements or any other information from the Judici.com site other than the Data in accordance with the above terms.
  1. Permitted Access.
  1. The only permitted means of access to Judici.com are:
  1. for a human operator to directly manipulate a Judici.com interface displayed in a web browser showing the Judici URL. This direct manipulation precludes, among other means of access, links on non-Judici.com sites which, when activated by a user, display that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; or
  2. use of a URL provided by Judici.com as a result of such direct manipulation then "bookmarked" in a web browser.
  1. Prohibited Access.
  1. Except as indicated above, all other means of access to Judici.com are strictly prohibited. Prohibited uses include, but are not limited to:
  1. a systematic pattern of user searches in a repetitive manner, intended to find data meeting criteria not expressible in a single search (hereinafter "Trolling"). Examples of Trolling include, but are not limited to a series of searches, each on one criminal case number, for the purpose of finding those cases sentenced in a particular way.
  2. use by an individual not a party to a current subscription agreement with Judici.com, whereby such individual knows or should reasonably know based on common knowledge of the manner in which Judici.com is utilized at such individual's place of business, that such individual is one of more than three individuals concurrently using Judici.com for a commercial purpose benefiting the same entity. Multiple and concurrent users are expected to access Judici.com under a paid subscription agreement, in order to ensure that fair and necessary compensation is provided for the resulting strain that such multiple users place on the various resources associated with operating Judici.com.
  1. Permitted Uses of Downloaded Data.  You may use Downloaded Data (and Data with respect to subparagraph (c) only) for the following permitted uses:
  1. to electronically display the Downloaded Data for your exclusive use or for your company’s internal use only,
  2. to create printouts of the Downloaded Data for your exclusive use or for your company’s internal use only,
  3. to sell or transfer the printouts of Downloaded Data and any Data printed directly from the Judici.com site to a third party, provided, that you inform the third party that he or she is not permitted to sell or transfer the printouts to anyone else. You are also responsible for notifying the third party that his or her use of the printouts is governed by these Terms of Use. You may provide a copy of these Terms of Use to the third party buyer of the printouts, and/or
  4. to quote and excerpt the Downloaded Data (appropriately cited and credited) by electronic cutting and pasting or other means in work products created by you and specified in advance by you for a specific purpose which is permitted under these Terms of Use, including, for example, a credit report or the preparation of legal documents (e.g. memoranda, court documents, and briefs) for use in a court case.
  1. Prohibited Uses of Downloaded Data.  Except as specifically provided in Section 2) above, all other uses of Downloaded Data, including, without limitation, storing, reproducing, transmitting, copying, or distributing are strictly prohibited. Prohibited uses include, but are not limited to:
  1. performing searches within the Downloaded Data for any case or court elements of any kind or description, including, but not limited to, case number and litigant name;
  2. re-selling or re-distributing Downloaded Data through the Internet to users of a service other than Judici.com;
  3. displaying the Downloaded Data in a computer user interface other than that of Judici.com; or
  4. creating, developing, modifying, enhancing or otherwise making a derivative work from all or any portion of the Downloaded Data.
  1. Ownership Rights. All right, title, and interest (including all copyrights and other intellectual property rights) in the Judici.com web site and the Content thereon, except for the Advertisements, belong to the Service Provider. Ownership rights in and to any Advertisements vest solely in the appropriate Advertiser. All Data made available through the Judici.com web site (in both print and machine-readable forms) is the property of the applicable court of origin. You acquire no proprietary interest in the Judici.com site, Content, the Data or copies thereof.
  2. Limited Warranty and Disclaimers.
  1. The Judici.com Service Provider represents and warrants that it has the right and authority to make the Judici.com services and the Content available to the user pursuant to these Terms of Use. You acknowledge that the content of all Data provided by the applicable court of origin remains in its original and unaltered form, and that the Service Provider has had no active participation in compiling the content or information contained in such Data.
  2. Judici.com is an information service, and is not subject to a duty of care with respect to the Content provided. The Data and Advertisements provided on Judici.com are obtained from sources which the Service Provider believes are reliable. The Service Provider expressly disclaims any warranties or guarantees as to the accuracy of the Content and its suitability for a particular use. The Service Provider is not in the business of providing professional advice. Therefore, the Judici.com site and the Content thereon should not be relied on as a substitute for legal or other professional advice.
  3. The inclusion on Judici.com of Advertisements pertaining to legal services in no way implies that the Service Provider has verified that the Advertiser is licensed to practice law in any jurisdiction or that such a license has not been suspended or under investigation by any disciplinary body. Furthermore, any references in the Advertisements to a specialty practice area shall not be construed as a guarantee that the Advertiser has received any certifications as a specialist in that practice area, nor shall any references be construed as a guaranty of the Advertiser’s competency in comparison to others practicing in that area of law. Selection of legal representation is an important personal decision, and should not be based solely upon the Advertisements.
  4. EXCEPT AS OTHERWISE PROVIDED IN SECTION a), THE JUDICI.COM WEB SITE, AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE PROVIDER AND ALL COURTS THAT ARE SUPPLIERS OF DATA EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. THE SERVICE PROVIDER DOES NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL, OR WARRANT THAT ACCESS TO THE JUDICI.COM SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE JUDICI.COM WEB SITE OR THE SERVER(S) THAT MAKE THE JUDICI.COM WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY USING THE JUDICI.COM SITE, YOU ACKNOWLEDGE THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA, AND AGREE TO HOLD HARMLESS THE SERVICE PROVIDER FOR ANY VIRAL INFECTION OR OTHER COMPUTER MALFUNCTION CAUSED AT ALL OR IN PART BY YOUR USE OF JUDICI.COM. THE PERFORMANCE OF JUDICI.COM VARIES WITH THE MANUFACTURER’S EQUIPMENT WITH WHICH IT IS USED.
  1. Site Content and Linking Policy
  1. The Service Provider has entered into agreements with certain Advertisers which allows it to place Advertisements provided by such Advertisers on the Judici.com site. The Advertisements may contain a hyperlink (a “Link”) which allows Judici.com users to connect to a third party’s website (the “Third Party Site”). Please note that we are not affiliated in any way with these Advertisers or the Third Party Sites, and that if you click on a Link to a Third Party Site, once you have left the Judici.com site, the Service Provider has no further control over the content and materials that you will be viewing on the Third Party Site. The Service Provider is not responsible for the content, accuracy, or opinions expressed in the Advertisements on the Judici.com site or any content that appears on any Third Party Site. The Service Provider requires that Advertisements meet the Judici.com Advertising Guidelines (the “Ad Guidelines”) available at http://www.judici.com/service/advertising_guidelines.jsp, to ensure that the Advertisements placed on Judici.com are appropriate, however, the Service Provider will not, and is under no obligation to, investigate, monitor or check the Advertisements placed on the Judici.com site for compliance with the Ad Guidelines, nor is the Service Provider obligated to check the content of any Third Party Site for compliance with the Ad Guidelines or any other standards (professional, governmental, legal or otherwise). Inclusion on the Judici.com site of any Advertisement or of a Link to a Third Party Site does not imply approval or endorsement of the Advertiser, the Advertisement, or the Third Party Site. If you decide to respond to an Advertisement that is placed on the Judici.com site or to leave the Judici.com site through a Link to a Third Party Site, you do so at your own risk. The Service Provider is not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, the Privacy Policy stated on the Judici.com site is no longer in effect. The Service Provider may at any time revise the Judici.com site Content and this Linking Policy. You are bound by any such revisions and should therefore periodically visit these Terms of Use to review the then-current Site Content and Linking Policy to which you are bound.
  1. Limitation of Liability. YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF USE, AND THE ENTIRE LIABILITY (IF ANY) OF THE SERVICE PROVIDER AND/OR THE PROVIDERS OF THE DATA FOR ANY CLAIM(S) FOR DAMAGES RELATING TO JUDICI.COM WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES YOU HAVE PAID TO THE SERVICE PROVIDER DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER THAT ARE CLAIMED TO ARISE FROM YOUR RELIANCE ON OR USE OF INFORMATION INCLUDED IN ANY ADVERTISEMENT PLACED ON THE JUDICI.COM SITE. FURTHERMORE, IN NO EVENT SHALL THE SERVICE PROVIDER OR ANY PROVIDER OF DATA TO THE JUDICI.COM SITE BE LIABLE TO YOU FOR ANY CLAIM(S) FOR DAMAGES RELATING IN ANY WAY TO (I) YOUR INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY, OR ANY DECISION MADE OR ACTION YOU HAVE TAKEN IN RELIANCE UPON THE DATA, (II) ANY LOST PROFITS OR OTHER CONSEQUENTIAL EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, JUDICI.COM, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING OF DATA. FURTHER, THE SERVICE PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY PROCESS, FUNCTION OR FEATURE OF JUDICI.COM.
  2. Limitations of Claims. No claim, regardless of form, nor any action based upon such claim may be brought under these Terms of Use more than one year after the event giving rise to such claim becomes known to the party desiring to assert it.
  3. Miscellaneous.
  1. These Terms of Use incorporate by this reference the Judici.com Privacy Policy available for review at http://www.judici.com/agreements/privacy_policy.jsp. These Terms of Use may be changed periodically by the Service Provider without notice. In the event of such changes, Service Provider will post a notification of such change in the News Section of Judici.com and provide link to the updated Privacy Policy. Subscribers will find the News Section on the subscriber login page when they log in. All other users of the Website will find the News Section on the Case Search page they use. Any such changes shall be effective as of the date indicated at the top of the Terms of Use page. Continued use of the Judici.com web site following any change to these Terms of Use constitutes your acceptance of the change.
  2. By using the Judici.com site you consent to these Terms of Use and to the terms, conditions and privacy practices set forth in the Judici.com Privacy Policy. It is your sole responsibility to read the terms of the Privacy Policy, as they may updated from time to time. Your continued use of the Judici.com site is deemed an acknowledgment by you that you have read and agree to comply with the terms set forth herein and in the Privacy Policy, and that the personal information practices set forth in the Privacy Policy are reasonable. If you do not consent to the terms set forth herein or in the Privacy Policy, you have the right to terminate your use of the Judici.com site. If you fail to comply with any of your obligations under these Terms of Use, the Service Provider may immediately, and without notice, terminate your access to the Judici.com web site and pursue all other available legal or equitable remedies.
  3. Except as otherwise stated, all notices and other communications made with respect to these Terms of Use shall be in writing or displayed electronically on the Judici.com site by the Service Provider. Notices shall be deemed to have been properly given on the date deposited in the U.S. mail, if mailed, or on the date first made available, if displayed on the Judici.com site.
  4. The failure of the Service Provider or provider of Data to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
  5. Except for your right to sell or transfer printouts of Downloaded Data, which right is subject to your compliance with the conditions of Section 4)d), you may not assign your rights or delegate your duties under these Terms of Use without the prior written consent of the Service Provider.
  6. These Terms of Use shall be governed by and construed under the law of the state of Illinois without regard to conflicts of law provisions.
  7. Compliance with the Fair Credit Reporting Act. Some of the information reported by Judici.com, including criminal and civil court case records, constitutes consumer information that is regulated by the Fair Credit Reporting Act (FCRA) when used for any of the purposes specified in the FCRA. Judici.com pages with the name of a single court prominently displayed near the top of the page and intended to facilitate access to the Data of only that court ("Court Pages"), are hosted on Judici.com servers by Judici.com acting as agent of that court. The court, and thus its Court Pages, are exempt from the requirements of the FCRA. Judici pages which aggregate data from multiple courts, are NOT hosted on behalf of a single court, and thus may be subject to the requirements of the FCRA, if and when they are used for any of the purposes specified in the FCRA. For more on your rights under the FCRA, see http://www.judici.com/service/consumer_rights.jsp.

Revisions

Related docs: None

v3 6/26/06: Clarified the Section 1 prohibition on use of scripts and programs to clearly prohibit creation of URLs for use by others.

V4 6/26-27/06: Eliminated the Section 1 prohibition on use of scripts and programs in favor of language indicating the ALLOWABLE means of access. Also eliminated “Databases” and instead used a comprehensive definition of “Content.”

v 5 11/03/06: Restored 2d) i) and ii), which were inadvertently deleted between v. 2 and v. 3, when iii) and iv) were eliminated in favor of the specific permitted means of access language in the second paragraph of 1).  Added 8.7 to clearly indicate FCRA obligations on Court Pages and multi-court pages.  Tweaked second paragraph in Par. 1 to explicitly preclude display of Judici within frames

v 6 mid-Nov. 2006: Defined Advertisements, and what users may do with it.  Added language to 5.2 to specifically disclaim responsibility for Advertisements.  Added linking policy in advance of advertising. Added or restored the prohibition on creation of derivative works.

v 7.01 early Oct. 2007: Added "Prohibited means of access" subsection to Section 1

v7.1, mid-Nov. 2007: Added another "Prohibited means of access" to preclude concurrent use by multiple non-subscribers

v. 8.1 11/10/2008: Replaced the term "Ad Content" with "Advertisement", for consistency with Ad Agreement.  Put in the full link for the Ad Guidelines

v. 9-10: Changed to the 1)a)i)I)A outline format for technical reasons.  Fixed an outdated/erroneous static cross reference to Section 2)d)

v. 11-11.1: Added lingo WRT Privacy Policy

v. 12 Feb/Mar. 2009: Baseline release for mods describing notification in the event of changes to the policy.

v. 13: Made non-substantive revisions when the storage location for the document was changed

SLC-5055028-13