Acquirelaw™

IMPORTANT: READ CAREFULLY BEFORE USING THIS SERVICE

Thank you for using and visiting Acquirelaw (located at www.acquirelaw.com and all of its sub-domains, also referred to as the "Site"), a service provided by Checkmate Legal, Inc. ("Checkmate Legal"). By using the Site, you (also referred to as "user") agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. All use of this website, including logging in with your user name and password, applying for an account, search and retrieval, utilizing your account in any way, is governed by these Terms of Use.

Changes to Terms and Conditions

Checkmate Legal may at any time, and at its sole discretion, modify these Terms of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms of Use. If you do not agree to any modification of these Terms of Use, you must immediately stop using this Site, and notify Checkmate Legal.

Term of Your Account

Access to any portion of the Site, including portions of the site only accessible by submission of user name and password, is solely at the discretion of Checkmate Legal, and accounts and/or access may be terminated at any time for any reason.

The Database

The Site contains a searchable database of documents. The documents have been rendered word searchable through a proprietary process. Although this process has a high level of accuracy, it can be, and is at times imperfect, and as a result, certain words, letters, phrases, characters, symbols, or other data or information in the documents may not be searchable, may return results that are incorrect, or may not return results which contain all or part of your search criteria. Checkmate Legal makes no warranty as to the accuracy of the search process, the titles, file names, metadata, or categories assigned to the documents. Each of the documents was obtained from the applicable court file, or other appropriate place, as it existed at the time of retrieval, is provided on an "as-is" basis, and no guarantee is made that a document has not been changed, edited, revoked, or revised in any manner since that time, or that the document was properly downloaded or saved by the court or by Checkmate Legal. All information, including the documents and cases selected for inclusion in the database are at the sole discretion of Checkmate Legal, and we use our best efforts to include documents we feel our users would like to access. However, the fact that a document from a particular case is in the database does not mean that the database has other documents from that case.

Use of the Database

Users may use documents or information (data) available on Acquirelaw solely in the regular course of legal and other research and related work. Users may also download and temporarily store insubstantial portions of data to a storage device under the user's exclusive control solely (i) to display internally such data and (ii) to quote and excerpt from such documents (appropriately cited and credited) by electronic cutting and pasting or other means in memoranda, briefs and similar work product created by the user in the regular course of its research and work. Users may also create printouts of data for internal use and for distribution to third parties if such third parties agree not to further distribute the printouts. Users may not copy, download, store, publish, transmit, transfer, sell or otherwise use the data, or any portion of the data, in any form or by any means, except (i) as expressly permitted by these Terms of Use, (ii) with Checkmate Legal's prior written permission, or (iii) if not expressly prohibited by these Terms of Use, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. Sec. 107). Data shall not be stored or used in an archival database or other searchable database, and users shall not sell, license or distribute data in any form to third parties or use data as a component of or as a basis for any material offered for sale, license or distribution.

No Legal Advice

The Site does not offer legal advice in any form. Any assistance in searching that is offered or provided is wholly at the users' own risk, and also does not constitute any form of legal advice.

Pricing

Pricing information is provided to the user at the time of initial sign up. Use of the site constitutes agreement to this pricing structure. Checkmate Legal may change the pricing structure at any time in its sole discretion, but will notify you of any such change in advance. Use of the system after such notice constitutes agreement to any new pricing structure.

Late Fees and Penalties

All charges are due within 30 days after it is incurred. Any charges not settled within this time will be subject to late fees and interest not to exceed the maximum fees and percentage allowable by law. In addition, your access to the Site may be terminated or restricted. You agree that you are responsible for all legal fees, collection fees, and any other expense that Checkmate incurs in any attempts to collect late or unpaid charges.

Responsibilities of MasterPass User

The Acquirelaw user responsible for the account (the "MasterPass User") will be given access to a "Control Panel" upon entering their user name and password. This MasterPass User represents that he or she is acting as an agent on behalf of his or her firm or company (unless the account is solely for an individual). The MasterPass User is responsible for all items contained in the Control Panel, including the authorization of other users on the account, payment of all charges, recording client/matter information prior to payment, keeping accurate profile information on record, and any other feature offered in the Control Panel. Checkmate Legal is not responsible for any overuse, abuse, or any charges incurred by any user authorized by the MasterPass User. It is the sole responsibility of the MasterPass User to disable any user it has previously authorized to access Acquirelaw should it desire to do so. Notice to Checkmate Legal that a particular user's access should be disabled is insufficient, as this must be done by the MasterPass User within the Control Panel.

Client/Matter Information

Acquirelaw tracks client/matter information for all charges incurred. The MasterPass User must copy this information from the Control Panel before paying any charges, as payment will eliminate the client matter information that has been recorded. Checkmate Legal is not responsible for any loss of client/matter information.

User Names and Passwords

All users are responsible for maintaining the confidentiality of any user names and passwords they are issued to access the Site, and must keep such information in a secure location. Checkmate Legal is not responsible for the misuse of any user names and passwords, regardless of whether such information was lost or stolen. The company or firm that is ultimately responsible for payment of the account is fully responsible for all activities that occur under any valid user name(s) and password(s).

Links

This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Checkmate Legal. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, DATA, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHECKMATE LEGAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF PERFORMANCE AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS.

CHECKMATE LEGAL MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. CHECKMATE LEGAL SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

CHECKMATE LEGAL RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

IN NO EVENT SHALL CHECKMATE LEGAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.

IN ADDITION, IN NO EVENT SHALL CHECKMATE LEGAL BE LIABLE TO ANY USER FOR ANY CLAIM(S) RELATING IN ANY WAY TO (i) USER'S 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, EVEN IF ASSISTED BY CHECKMATE LEGAL, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON DATA; (ii) ANY LOST PROFITS OR OTHER DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE THE SITE'S FEATURES OR DATA, EVEN IF CHECKMATE LEGAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iii) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING DATA. FURTHER, CHECKMATE LEGAL SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE. CHECKMATE LEGAL DOES NOT MAKE ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES CHECKMATE LEGAL MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL. USER ACKNOWLEDGES THAT PROVISION OF THE SITE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless Checkmate Legal, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

Checkmate Legal is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy here.

Minors

Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Florida, without regard to Florida's conflict of laws provisions. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Palm Beach County, Florida, without resort to any form of class action. You and Checkmate Legal agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. You agree to waive any right you may have to commence or participate in any class action against Checkmate Legal relating to your access to, or use of, the Site.

Force Majeure

Checkmate Legal shall not be liable for any failure or delay in performing services or any other obligation under these Terms of Use, nor for any damages suffered by you by reason of such failure or delay, which is, indirectly or directly, caused by strike, riot, natural catastrophe acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like, or other act of God, or any other cause beyond Checkmate Legal's reasonable control.

Irreparable Harm

You acknowledge that your breach of this Agreement may cause irreparable harm to Checkmate Legal and you agree that Checkmate Legal shall be entitled to a temporary restraing order without notice to you, and both preliminary and permanent injunctive relief in the event of such a breach.

Any commercial use of the images, text, programs or other materials found on the Site is strictly prohibited, without the express written consent of Checkmate Legal. The names, logos, and taglines identifying Checkmate Legal's products and services are proprietary marks of Checkmate Legal, Inc. All other trademarks and service marks are the property of their respective owners.

Effect of Agreement

This Agreement (which includes all current and future Additional Terms) embodies the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.

Severability

If any provision of this Agreement is determined by a court to be, or becomes, invalid, unenforceable or illegal, such provision shall be (a) modified to be made valid, enforceable and legal in such a manner as to best effectuate the intent of the parties on the date hereof or (b) deemed eliminated where such modification is not practicable; the remainder of this Agreement shall remain in effect in accordance with its terms as modified by such modification or deletion.

Contact Information

If you have any questions regarding these Terms of Use, please contact Checkmate Legal at our Customer Service Page.