Terms of Use

Please read carefully before using this Site.

This website ("Site") is owned and operated by Statecourts.org ("we", "our," or "us"). These Terms of Use apply to any access or use by you ("you," "your," or "User") of the Statecourts.org website (the "Site"), any mobile sites, applications, widgets, and other mobile interactive features associated with the Site (collectively, our "Apps"), as well as through email messages that we send to you (collectively, the Apps and Site, the "Sites").

By accessing, browsing, or otherwise using the Sites, you agree to be legally bound by these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE TERMS OF USE. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE ENROLLING IN ANY SERVICE(S) ONLY FOR YOURSELF, OR IF YOU ARE ENROLLING ON BEHALF OF ANY OTHER INDIVIDUAL, YOU HAVE THE AUTHORITY TO DO SO.

FURTHER, IF YOU ENROLL IN OR USE ANY OF OUR PROTECTION PROGRAMS, YOU ALSO REPRESENT AND WARRANT THAT YOU ARE A U.S. RESIDENT, THAT YOU HAVE PROVIDED US YOUR VALID U.S. SOCIAL SECURITY NUMBER, AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID U.S. SOCIAL SECURITY NUMBER.

IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT ENROLL OR REGISTER FOR ANY OF THE SERVICES OR OTHERWISE USE THE SERVICES.

UNLESS YOU CONTACT US WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR WELCOME EMAIL OR, IF YOU DO NOT RECEIVE A WELCOME EMAIL BECAUSE YOU DO NOT HAVE AN EMAIL ADDRESS, WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR WELCOME KIT, YOUR ENROLLMENT WILL INCLUDE THE PROVISIONING OF ANY APPLICABLE INSURANCE COVERAGE.

These Terms of Use apply only to your use of the Sites, and was last updated as of August 18, 2020. We expressly reserve the right to revise these Terms of Use at any time and such revision shall be posted here and accessible via this link: https://statecourts.org/terms. Any revision and/or addition to these Terms of Use shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition.

License to Use the Site

(a) License to Use the Site: We grant you a personal, limited, nonexclusive license to access and use the Sites, its contents, or any part of them (individually and collectively, the "Statecourts Content") for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Sites except for these express purposes and as expressly allowed by these Terms of Use.

(b) Your Consent: You understand that by accepting these Terms of Use, you are providing consent and written instructions to Statecourts.org, and its third-party processors, and its employees, agents, subsidiaries, affiliates, contractors, third-party data sources and suppliers under the Fair Credit Reporting Act (FCRA), as amended, to exchange information about you with third party data sources and suppliers in order to verify your identity and to provide the Services to you. You waive any and all claims against us and any other third-parties involved in providing you with the Services for the acts and omissions of these third parties with regard to the use or disclosure of such information. You further authorize us to obtain various information and reports about you in order to provide the Services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offendor reports, and to provide monitoring and alerts.

(c) Authorized Use: You agree that you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities. 

Privacy and Security

You acknowledge that you have read, understand and agree to our Privacy Notice, located  at https://statecourts.org/privacy. The Privacy Notice governs the collection, use and disclosure of your personal information. The Privacy Notice is hereby incorporated into and made part of these Terms of Use by reference.

Changes to Services

We reserve the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. We may also modify the terms that apply to the features and your use of the Services. We shall make reasonable attempts to provide you with notice of such modifications by posting them on the Sites. We have no obligation to provide direct notice of any such changes. We reserve the right to define eligibility criteria for the Services, and make changes to those criteria at any time.

Unless you have otherwise affirmatively agreed to such changes, by continuing to use the Service(s) and Site after any such changes or modifications to the Service(s) become effective, you agree to be bound by the revised terms. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service. You can cancel the Service at any time.

FCRA Notice

Statecourts.org is not a "consumer reporting agency" as defined under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, and the information in our databases has not been collected in whole or in part for the purpose of furnishing "consumer reports," as defined by the FCRA. Rather, the information has been obtained by us as a result of being publicly available to us for our possession, use and dissemination. The services are not intended or expected to be used for any purpose under the FCRA, and you agree and understand that you may not and will not use the services for any such purpose.

Restrictions on Use

You are responsible for your access or use of the Sites.

(a) General Use Restrictions: You 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 Statecourts.org in any manner or form, (iii) copy, distribute, or create derivative works based on the Statecourts.org Content (as defined below), (iv) exploit the Statecourts.org 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 Statecourts.org or any elements thereof.

(a) Statecourts.org Content: Without limitation to these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them. We expressly retain all right, title and interest in and to the Statecourts.org Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted by these Terms of Use, any use of the Statecourts.org Content may violate copyright and/or other applicable laws.

(b) Third Party Content: In addition to the Statecourts.org Content, the Sites may contain information and materials provided by third parties (collectively, "Third Party Content"). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

(c) Trademarks: Statecourts.org, the Statecourts.org Logo and all of our product names are trademarks and services marks of Statecourts.org (collectively "Statecourts.org Trademarks"), and nothing in these Terms of Use shall be construed as granting any license or right to use the Statecourts.org Trademarks without our prior written consent. All trademarks, service marks and logos included on the Sites ("Marks") are the property of Statecourts.org or third parties, and you may not use such Marks without the express, prior written consent of us or the applicable third party.

(d) No Automated or Non-Human Means of Access: You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site's operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

(e) Additional permissions: You may request additional permissions to use any Statecourts.org Content by contacting us as described on the Sites. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions.

You may make no use of the Statecourts.org Content not expressly allowed in these Terms of Use until and unless we contact you and grant additional permissions—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions, our grant of any such permissions is revocable at any time by us and expires six months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of any permitted Statecourts.org Content will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).

(f) Monitoring of Statecourts.org Content and use of Sites: We reserve the right, but do not undertake the obligation, to monitor the use of the Sites, and to investigate and take appropriate legal action against any party that uses the Sites in violation of these Terms of Use or applicable law. We reserve the right to accept, reject or modify any Statecourts.org Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Statecourts.org Content.

Your Messages, Requests, or Other Comments or Content to or for Us

The Sites may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.

Notwithstanding anything to the contrary set forth herein or otherwise, we will have the right to collect and analyze data and other information relating to the provision, use or performance of the Sites and related systems and technologies (including information concerning user data and data derived therefrom), and to aggregate and/or anonymize all such data and information. Statecourts.org will be free at any time to: (i) use such information and data to improve and enhance Statecourts.org's offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business. Any such use of information under this provision shall be in conformance with our Privacy Notice, available at https://Statecourts.org/privacy.

Linked Websites and Services

The Sites may contain links to and integrations with third party websites and services, and you agree that we provide links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that we do not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Sites is at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Use.

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF Statecourts.org IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, STATECOURTS.ORG IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED ON THE STATECOURTS.ORG WEBSITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM US DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, AVAILABILITY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, STATECOURTS.ORG. YOUR USE OF STATECOURTS.ORG IS SOLELY AT YOUR OWN RISK.

WE DO NOT AND CANNOT GUARANTEE THAT THE PUBLIC RECORDS INFORMATION OR PUBLICLY AVAILABLE INFORMATION MADE AVAILABLE ON Statecourts.org IS ACCURATE OR UP TO DATE.

Limitation of Liability

(a) Indemnification: YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR ANY STATECOURTS.ORG CONTENT.

(a) Disclaimer of Warranties:  EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY IN THESE TERMS OF USE, WE PROVIDE THE SITES (INCLUDING WITHOUT LIMITATION ANY AND ALL STATECOURTS.ORG CONTENT) "AS IS," WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT—INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK IN THE USE OF THE SITES RESTS WITH YOU. STATECOURTS.ORG SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SITES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITES OR THAT THE SIDES WILL BE UNINTERRUPTED, OR THAT THE SITES AND/OR THE STATECOURTS.ORG CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.

(b) Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT STATECOURTS.ORG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITES (OR ANY STATECOURTS.ORG CONTENT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF STATECOURTS.ORG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Arbitration

Any dispute concerning any Statecourts.org services 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.

Changes to these Terms of Use

We reserve the right to amend these Terms of Use at our discretion and at any time. When we make changes to these Terms of Use, we will post the new Terms of Use on the Sites. By continuing to access, browse, or otherwise use the Sites, you agree to be legally bound by any such new Terms of Use.

Location of the Sites and your Use

We operate or control the operation of the Sites from the United States. In addition, the Sites may be mirrored, and other websites operated or controlled by us may be operated from various locations in and outside of the United States. We make no representation or warranty that all of the features of the Sites will be available to you outside of the United States, or that the Sites are permitted to be accessed outside of the United States. Additionally, the Sites may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use the Sites from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

Governing Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of Massachusetts, without reference to its conflict of laws principles. All claims/disputes arising out of or relating to these Terms of Use will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in or near Boston, Massachusetts, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

General

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

Contacting Us

If there are any questions regarding these Terms of Use, please contact us using the information below:

Statecourts.org
support@statecourts.org