Terms and Conditions of Service
1. Acceptance of Terms
This is an agreement between you and Inforuptcy, LLC (“Inforuptcy” or “we”, “us”, “our”) for the use of our application programming interface marketed and hereafter referred to as “CourtAPI” or “API”. By accepting this agreement, either by accessing or using CourtAPI, or authorizing or permitting any individual to access or use CourtAPI, you agree to be bound by these API terms of service (the “API TOS” or “Agreement”).
If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this API TOS. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with this API TOS, you may not use CourtAPI. You acknowledge that this API TOS is a contract between you and Inforuptcy, even though it is electronic and is not physically signed by you and Inforuptcy, and it governs your use of CourtAPI.
We reserve the right to update and change, from time to time, these API TOS. We may change these API TOS by posting a new version without notice to you. You can always find the most recent version of these API TOS here. Use of CourtAPI after such change constitutes acceptance of such changes.
Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 10 and 11 and we ask you to read them carefully.
- 2.1. Application(s): Any software application, website, or product you create or service you offer using or interacting with CourtAPI.
- 2.2. Data: Any data, content or information that can be retrieved from CourtAPI.
- 2.3. Intellectual Property Rights: Means patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights.
- 2.4. Registration / Login Credentials: As defined in section 4 below.
So long as you are approved to use CourtAPI pursuant to section 4 below and have not violated these API TOS, we grant you a limited, non-exclusive, non-assignable, non-transferable license to use CourtAPI. Your license is subject to the limitations set forth in Section 5 below, and you agree that a violation of Section 5 will automatically terminate your license to use CourtAPI. Furthermore, if we believe, in our sole discretion, that you have violated or attempted to violate any term, condition or the spirit of this API TOS, the license afforded pursuant to this API TOS may be temporarily or permanently revoked, with or without notice to you.
4. Accounts, Security and User’s Obligations
- 4.1. In order to use CourtAPI, you must apply for an account through www.courtapi.com (“Registration”) and we must approve your application. We may approve or reject your application for any reason or for no reason. If we reject your application, we shall not be liable to you for damages of any sort resulting from our decision to reject your application. If we approve your application, your continued use of CourtAPI will be permitted so long as we determine in our sole discretion that you have not violated or attempted to violate any term, condition or the spirit of these API TOS.
- 4.2. During Registration, you agree to: (a) provide true, accurate, current and complete information about yourself and/or your company, and (b) maintain and promptly update the information provided to keep it true, accurate, current and complete.
- 4.3. As part of Registration, you will create an account, a password, and API tokens (“Login Credentials”). You agree to never share your Login Credentials with any third party and keep them confidential and secure at all times. You are fully responsible for all activities that occur with your Login Credentials. You agree to immediately notify us of any unauthorized use or any other breach of security. We shall not be liable for any loss or damage arising from failure to comply with the rules in this section.
- 4.4. You acknowledge that you are solely responsible, and that we have no responsibility or liability of any kind, for the content, development, operation, support or maintenance of your Application. Without limiting the foregoing, you will be solely responsible for (a) the technical installation and operation of Applications; (b) creating and displaying information and content on, through or within Applications; (c) ensuring that Applications do not violate or infringe the Intellectual Property Rights of any third party; (d) ensuring that Applications are not offensive, profane, obscene, libelous or otherwise illegal; (e) ensuring that Applications do not contain or introduce malicious software into CourtAPI; and (f) ensuring that Applications are not designed to or utilized for the purpose of spamming any CourtAPI subscribers.
5. Acceptable and Prohibited Uses of CourtAPI
- 5.1 Reliance on API. CourtAPI is constantly striving to improve its service, and we need the flexibility to occasionally make changes to our service. We will try to give notice of these changes. Also, parts of our API are undocumented, including certain methods, events, and properties. If you discover any of these behaviors, you should not rely on them as they may change at anytime.
- 5.2. Intended Purpose and Functionality. You may use and make calls to CourtAPI to develop and implement your Application. Your Applications may not use or access our API in order to monitor the availability, performance, or functionality of any part of the API or for any similar benchmarking purposes. You may not use CourtAPI:
- a. To substantially replicate or compete with products or services offered by Inforuptcy (including those found on the Inforuptcy.com and CourtDrive.com websites). You acknowledge and agree that Inforuptcy has or may in the future offer products or services that are similar to your Application, and nothing will prevent us from doing so,
- b. Offer an Application or service that negatively affects our relationship with our users or that promotes content, services, or activities, contrary to our competitive position and interests, and
- c. In a manner that accesses or uses any information beyond what is allowed under this API TOS; that changes the CourtAPI service; that breaks or circumvents any of our technical, administrative, or security processes or measures; that disrupts or degrades the performance of CourtAPI; or that tests the vulnerability of our systems or networks.
- 5.3. No Reselling. You shall not sell, rent, lease, sublicense, redistribute, or syndicate access to CourtAPI to anyone. You shall not through any Applications or otherwise repackage or resell any Data or service, or any part thereof, provided through CourtAPI
- 5.4. Applicable laws or agreements. You may not use CourtAPI in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API TOS. You shall not use CourtAPI to transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or that harms minors in any way.
- 5.5. Malware. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
- 5.6. Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in CourtAPI or any portion thereof.
- 5.7. Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of CourtAPI, or otherwise use CourtAPI in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this API TOS or with posted rate limits on the CourtAPI site.
- 5.8. Distribution of your application. You may not distribute or allow access to CourtAPI to anyone other than, if applicable, the company on whose behalf you entered into this API TOS. Anyone who wants to access our API must agree to be bound by this API TOS.
- 5.9. Security. You are not permitted to use CourtAPI in any manner that does or could potentially undermine the security of our services or any Data stored or transmitted using CourtAPI. In addition, you shall not, and shall not attempt to: (a) interfere with, modify or disable any features, functionality or security controls of CourtAPI, (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for CourtAPI. You agree that your Login Credentials shall be the sole means by which you access or attempt to access CourtAPI.
- 6.1 You will pay a monthly-based fee for the license and services detailed in this API TOS based on a subscription price with the capacity and traffic limits as detailed under different plans provided on the CourtAPI site. All fees are non-refundable and guaranteed.
- 6.2 We will automatically deduct fees on a monthly basis from a payment source you provide and agree to update and maintain as valid at all times. You will be issued a receipt of the services provided on a monthly basis and the charges associated therewith.
- 6.3 The fees and other amounts required to be paid under this Agreement are exclusive of taxes. You will be responsible for and will reimburse us for all sales, use, excise (but not corporate excise), or other similar state or local taxes.
As between you and us, we own all rights, title, and interest, including all Intellectual Property Rights, in and to (1) CourtAPI and all elements and components thereof including documentation; (2) Data; (3) any services offered through or by Inforuptcy including CourtAPI, CourtDrive and any related brands. Except for the express licenses granted in this API TOS, nothing in this Agreement transfers or assigns to you any of our Intellectual Property Rights. You agree to take such actions as Inforuptcy may reasonably request to perfect our Intellectual Property Rights.
8. No use of CourtAPI Brand
You shall not use the CourtAPI brand, including names, logos, trade names and trademarks, in a way that suggests your Application or service is endorsed by, sponsored by, or associated with CourtAPI.
- 9.1. You may terminate this API TOS by notifying us and discontinuing use of CourtAPI. You agree that we, in our sole discretion, have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of CourtAPI (or any part thereof), immediately and without notice, for any reason, including, without limitation, if we believe that you acted inconsistently with these API TOS. Further, you agree that we shall not be liable to you or any third-party for any termination of such access to CourtAPI.
- 9.2. We may suspend or cancel your CourtAPI account or service if you fail to pay any fees when due or if you violate any part of this API TOS. In addition,without limiting the foregoing, we may limit your Application's access to CourtAPI if, in our sole discretion, it may negatively affect our service or our ability to provide our service. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of CourtAPI.
- 9.3. Upon the termination or expiration of this Agreement for any reason, all your rights and licenses granted by this Agreement will terminate immediately, including all rights to use CourtAPI.
- 9.4. Termination of this Agreement shall not affect any obligation to make payment of outstanding amounts you owe us.
- 9.5. The following sections of this API TOS shall survive any termination: 4 (“Accounts, Security and User’s Obligations”), 5 (“Acceptable and Prohibited Uses of CourtAPI”), 7 (“Ownership”), 8 (“No use of CourtAPI Brand”), 10 (“Disclaimer of Warranties”), 11 (“Limitation of Liability”), 12 (“Indemnity”), and 13 (“General Legal Terms”).
10. Disclaimer of Warranties
COURTAPI AND ALL RELATED COMPONENTS, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND INFORUPTCY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE OR API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
11. LIMITATION OF LIABILITY
- 11.1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THIS AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR FOR ANY TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR ANY OTHER LOSS OR DAMAGES INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, THE API OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
- 11.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT THIS AGREEMENT, SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
- 11.3 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The limitations set forth in this Section 11 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Unless prohibited by applicable law, You agree to defend, hold harmless and indemnify Inforuptcy, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against all claims, liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding arising from or in any way related to your Application or your violation (or your end user's violation) of this API TOS.
13. General Legal Terms
- 13.1. Severability. If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
- 13.2. Relationship of Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
- 13.3. Governing Law: This Agreement shall be governed by the laws of the State of California, without reference to conflict of laws principles. Any disputes under this Agreement shall be resolved in a court of general jurisdiction in Los Angeles County, California. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this Agreement or access to or use of CourtAPI by you.
- 13.4 Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and us regarding CourtAPI and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS.
- 13.5 No Informal Waivers, Agreements, or Representations. Our failure to act with respect to a breach of this API TOS by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any Inforuptcy affiliate shall be deemed legally binding on any Inforuptcy affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Inforuptcy.
- 13.6 Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of CourtAPI, its developer site, or other material used or displayed through the CourtAPI service or sites.
- 13.7 Assignment and Delegation. You may not assign or delegate any rights or obligations under this API TOS, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this API TOS, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Inforuptcy, LLC for any third party that assumes our rights and obligations under this API TOs.
- 13.8 Force Majeure. We shall not be liable for any loss or delay resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities, criminal acts of third parties.