Terms of Service
Updated September 6, 2000.
References to "counterclaim" in the following Terms of Service ("TOS")
mean counterclaim, Inc., an Oregon corporation. References to "you" mean
the person signing up to use counterclaim's services subject to these
TOS. counterclaim reserves the right to update and/or change the TOS at
anytime, with notice. You expressly agree that posting of such changes or
updates to the TOS on its Web site will constitute actual notice.
The counterclaim system
has been designed to benefit both courts, attorneys, and other related
parties. The system works well when all parties participate in good faith.
However, if any participant maliciously attempts to circumvent the system,
other participants may be adversely and unfairly affected. If you do not
intend to abide by the TOS or if you are intent on circumventing the system
to take advantage of other participants for your own benefit, you should
not sign up as a participant. If you are unsure whether any action you
are contemplating is permissible under these TOS, you should contact counterclaim
customer service at info@counterclaim.com.
Qualifications & Restrictions
General
To access electronic filing
areas, you must sign up as an official counterclaim participant. You must
be an attorney licensed to practice in the state you are going to file. If
you are not a licensed attorney, you may be able to access filing areas in
our pro se area. You may maintain only one counterclaim account (per person).
Signing up under multiple names and/or e-mail addresses is strictly prohibited.
You must provide a Social Security number, bar number (if applicable), and
other identifying information to be allowed to sign up for this service.
Miscellaneous Provisions
Termination
You may cancel your
use of the service described herein at any time. Your termination of services
is effective upon your submitting a termination request by email to counterclaim
at info@counterclaim.com. You understand that, in some cases, you may
still receive messages (which may have been scheduled prior to your termination)
after termination.
Should you object to any
of the terms and conditions of this Agreement, or any subsequent modifications
thereto, or become dissatisfied with counterclaim, Your only recourse
is to immediately discontinue participation in counterclaim and properly
terminate your account. (See paragraphs above.)
counterclaim may take
any steps it reasonably determines necessary to monitor compliance with these
TOS and to otherwise protect the integrity of the counterclaim system.
counterclaim reserves the right to terminate the membership and Web site
access of any person who counterclaim reasonably determines has violated
any of these terms and to report to bar and judicial authorities any irregularities
recklessly or intentionally caused by you. Any attempt to circumvent the rules
outlined in the TOS will result in immediate suspension or termination of
your account. counterclaim shall be the sole determiner in cases of suspected
abuse, fraud, or violation of these TOS, and any decision it makes relating
to termination of account shall be final and binding.
These Terms and Conditions
shall be construed in accordance with and governed by the laws of the State
of Oregon, and the parties hereto irrevocably consent to jurisdiction and
venue in the courts of Lane County, State of Oregon, or in the United States
District Court, District of Oregon
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
a. THIS INSTRUMENT
CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES (counterclaim AND
YOU), SUPERSEDING ALL PREVIOUS COMMUNICATIONS ORAL, WRITTEN, OR ELECTRONIC,.
ALL INFORMATION APPEARING ON counterclaim'S WEB SITE IS PROVIDED "AS IS".
IT IS EXPRESSLY AGREED THAT NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
HAVE BEEN MADE,OR ARE MADE, BY POINTCLICK EXCEPT AS STATED HEREIN, AND POINTCLICK
MAKES NO WARRANTY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. IN NO EVENT,
AND UNDER NO THEORY OF LIABILITY, SHALL counterclaim, BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR
ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE, OR INABILITY TO USE
DATA POSTED ON THE counterclaim WEB SITE OR ANY ASSOCIATED WEB SITE OR
FOR ANY LOSS OF PROFITS OR EXPENSES INCURRED BY ANY PERSON IN CONNECTION WITH
THE USE OF THE WEB SITE OR THE WEB SITE OF ANY MERCHANT WEB SITE, WHETHER
OR NOT counterclaim HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
