Your use of the Site constitutes your agreement to be bound by these Terms. These Terms will constitute a binding and enforceable agreement between you ("you" "your" refers to the person who is agreeing to these Terms and the user of this website, individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of this Site) and Markman Advisors. By using the Site, you acknowledge and agree that you have fully read and agree to be bound by the provisions of these Terms.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE.
1. Registration and Acceptance
The Site is available only to entities and persons at least eighteen (18) years of age who can form legally binding agreements under applicable law. If you do not qualify, you are not permitted to use the Site. The Site is available for your use only on the condition that you agree to the Terms. If you do not agree to the Terms, do not register, agree to these terms, access or use Litigation Alpha. By using the Site, you will be deemed to have accepted the Terms. Where you are accessing the Site and/or Service during the course of your employment by an organization that has validly entered into an agreement to contract with us for the use of the Service (“User Agreement”), you will also be deemed to have accepted, and be bound by, these Terms.
2. Changes and Termination to Usage of Litigation Alpha
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: (a) restrict, suspend or terminate your access to all or any part of the Site; (b) change, suspend or discontinue all or any part of the Service; (c) refuse, move, or remove any content that is available on the Site; (d) modify the pricing of features or services (except users subject to separate pricing agreements where changes will be in accordance with the terms therein); (e) deactivate or delete your accounts and all related information and files in your account; and (f) establish general practices and limits concerning use of the Service. You agree that we will not be liable to you or any third party for taking any of these actions.
3. Proper Use of This Site
You may use the Site for lawful purposes only and may use the Site only in ways consistent with the law. You may not use any program, spider or "bot" to gather or "harvest" information from this Site. You may not engage in any activity that interferes with or disrupts (in our sole discretion) the Services or the servers and networks which are connected to the Services, or access (or attempt to access) any of the Services by any means other than through the interface that is provided by Markman Advisors. You agree to not use other users' accounts and to not let others use your account, and that violation of this will result in immediate termination of your access to this site.
4. Changes to the Terms
5. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning Litigation Alpha or the Site electronically, including notice to any email address that you may provide.
6. PACER Usage
Certain features of the Site will allow you to access information and documents from US government's court electronic records system known as Public Access to Court Electronic Records (or "PACER").
If you use your own PACER account for these features, you will be responsible for, and billed directly by PACER for these charges. All billing disputes must be resolved directly with PACER. You agree to comply with all PACER Policies and Procedures. We are not responsible for your violation of any of PACER's Policies and Procedures.
You agree and hereby acknowledge that we have an unrestricted right to use any data obtained via the PACER Features, royalty free and without limitation.
7. Fees and Payments
You may elect to subscribe to Litigation Alpha by entering into a User Agreement with us. Your subscription to Litigation Alpha will be automatically renewed at the end of each period until we terminate it or you notify us that you wish to terminate access. We may change the subscription fees and usage and services charges in effect, or add new fees or charges, by giving you notice in advance. Access to Litigation Alpha is contingent upon full payment of your services fees ("Fees") as agreed to in the User Agreement. Trial and beta users ("Trial Users") may access the Site at no cost for a period of time as determined by us. We reserve the right to cancel any Trial Users at our discretion.
8. User-Provided and 3rd-Party Content
You agree that we are not liable for content that is provided by others. We reserve the right to remove any content for any reason at any time, though this right shall not place an obligation on us to monitor the Site and our services.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. We do not control the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
9. Disclaimer of Warranties and Limitation of Liabilities
All materials provided by Markman Advisors ("Markman Materials") are provided on an "as is", "as available" basis, and Markman Advisors expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose. Markman Advisors makes no warranty of accuracy, timeliness, completeness or continuous availability of Markman Materials. The user assumes all risk of use of Markman Materials.
Markman Advisors shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) arising in connection with the Markman Materials, regardless of any negligence.
Litigation Alpha is not intended to substitute for accounting, tax, investment, legal or other professional advice or services. Before making any decision or taking any action that may affect your business or finances, you should consult qualified professional advisors who understand your particular factual situation. Although Markman Advisors believes that the information in the Markman Materials is accurate, each user must exercise professional judgment or involve a professional to provide such judgment when using these materials and take responsibility for their use.
A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Service or any features thereof or any Materials, (c) your or an Authorized User’s use of the Online Services or Materials, (d) the loss or corruption of any data or equipment in connection with the Online Services, (e) the content, accuracy, or completeness of Materials, all regardless of whether you received assistance in the use of the Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services.
"Covered Party" means (a) Markman Advisors and any officer, director, employee, subcontractor, agent, successor, or assign of Markman Advisors; and (b) each third party supplier of Materials, third party alliance entities, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or third party alliance entity or any of their affiliates.
Further, you are advised that the electronic conversion and transmission of data may cause errors and/or omissions that are beyond the control of Markman Advisors.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT COVERED PARTIES WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS OR THIS SUBSCRIPTION AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
MARKMAN ADVISORS AND ITS LICENSORS PROVIDE THE INFORMATION "AS IS", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED OR ARISING UNDER CUSTOM OR USAGE OR TRADE OR BY OPERATION OF LAW. MARKMAN ADVISORS AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR PROVIDE A WARRANTY AGAINST NONINFRINGEMENT AND NEITHER MARKMAN ADVISORS NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY WITH RESPECT TO ANY ACTUAL OR ALLEGED INACCURACY, UNTIMELINESS, INCOMPLETENESS, INADEQUACY, UNMERCHANTABILITY OR UNFITNESS ARISING FROM USE OF THE INFORMATION. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
You acknowledge and agree that the statements, opinions and analyses presented on this Site and in any reports provided on or through this Site (collectively, “Statements”) are provided as general information only. Any opinions, estimates and probabilities presented in the Statements constitute the judgment of the author as of the date indicated and are subject to change without notice. While all the information in the Statements is believed to be accurate, we make no express guarantee as to the completeness or accuracy of, nor can we accept any responsibility for errors appearing in the Statements. Other events which were not taken into account may occur, and any projections, outlooks or assumptions should not be construed to be indicative of the actual events which will occur.
The information we provide is not, and should not be construed as, an offer to sell or the solicitation of an offer to buy any securities. In addition, nothing contained in the Statements is intended to be, nor shall it be construed as investment advice, nor is it to be relied upon in making any investment or other decision. We do not act as a broker, dealer or investment adviser. Prior to making any investment decision, you are advised to consult with your broker, investment adviser, or other appropriate tax or financial professional to determine the suitability of any investment.
Under no circumstances shall Markman Advisors have any liability to any person or entity for any loss or damage in whole or in part due to any error (negligent or otherwise) within or outside the control of Markman Advisors or any of its directors, officers, employees or agents in connection with any such information. The intelligence and news reporting, if any, constituting part of the information contained herein, must be construed solely as statements of opinion and not statements of fact or recommendations to purchase, sell or hold any securities. In presenting information, Markman Advisors is not expressing an opinion or making any recommendation as to the creditworthiness of any entity for which information is requested. Information provided by Markman Advisors is not a substitute for the information assembled, verified and presented to creditors or investors by the entity named herein in connection with the extension of credit or the sale of the securities. The decision whether or not to extend credit or purchase securities is an individual one based on many factors including, but not limited to, financial and operating results, personal relationships and experience. Different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy discussed in the Statements provided by us will be profitable or equal any historical performance level(s). Do not rely on information provided by Markman Advisors in making any such decision.
The Statements contain certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential” and other similar terms. Examples of forward-looking statements include, without limitation, estimates with respect to financial condition, market developments, and the success or lack of success of particular investments (and may include such words as “crash” or “collapse”). All are subject to various factors, including, without limitation, general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory and technological factors that could cause actual results to differ materially from projected results.
The Statements are provided to you on a confidential basis and each Statement is intended solely for the use of the person to whom it is provided. The Statements may not be modified, reproduced or redistributed in whole or in part without our prior written consent.
We obtain information from a wide variety of publicly available sources. We do not have, nor do we claim to have, sources of inside or private information. The information set forth in the Statements has been obtained from sources that we believe to be reliable; however, these sources cannot be guaranteed as to their accuracy or completeness. The delivery of the Statements shall not, under any circumstances, create any implication that the information contained therein is correct, and we do not undertake an obligation to update such information at any time after the date noted therein.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Governing Law
Any claim relating to the Litigation Alpha services shall be governed by the laws of the United States of America and the State of New York without regard to its conflict of law provisions. You agree that the forum for any claim arising thereunder will be in the U.S. Court for the Southern District of New York or the appropriate New York court.
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our website or sending them to you via email. If you do not provide us with an up-to-date email address, we cannot be liable if we fail to notify you.
We cannot warrant that the Litigation Alpha services are appropriate for users outside the United States. As we cannot warrant that the services provided on our site are permitted under the laws of other jurisdictions, access of this website by you is at your own risk.
13. Binding Arbitration
You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Markman Advisors will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Markman Advisors may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.
14. Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We reserve the right to terminate your use of this Site if you violate the Terms or any rules or guidelines posted on the Site or for any other reason in our discretion.
You shall keep confidential, shall not use for any purpose not permitted in these Terms and shall not disclose any password employed by you in your use of the Site.
You grant us the right to audit your use of the Site, so as to ensure compliance by you with these Terms.
The Site may contain links to other websites, including, but not limited to, sites owned and operated by the U.S. Government, including, but not limited to, PACER. We do not have any control over these sites, and we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such sites or resources.
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