LEGAL DATA COLLECTION SERVICES, LLC TERMS AND CONDITIONS
The following terms and conditions for LEGAL DATA COLLECTION SERVICES, LLC (hereinafter “Agreement”) is a legal agreement between you (either individually or an entity) and LEGAL DATA COLLECTION SERVICES, LLC (hereinafter “LDCS”) for LDCS Services (hereinafter “Services”). LDCS Services include the collection and distribution of certain Wisconsin circuit court case data as described and agreed between you and LDCS. You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized credit card on file with LDCS. If you do not agree to the terms of this Agreement, do not purchase or use the Services.
YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Payment & Services
LDCS Services include the collection and distribution of certain Wisconsin circuit court data as agreed between you and LDCS. You agree to pay LDCS the applicable monthly service charges for your use of the Services using a valid credit or debit card in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize LDCS to automatically bill the charge card you provide on each applicable subscription period renewal date until you cancel the Services. Payments are billed in advance at the beginning of the applicable subscription period. By agreeing to the terms and conditions herein, you authorize LDCS to charge your monthly recurring bill to your designated credit or debit card and all credit or debit cards that are added to your account in the future.
It is your sole responsibility to pay the monthly subscription fee. It is your responsibility to have a working e-mail address on file at all times with LDCS for notification. You must pay your monthly service fee by credit or debit card (MasterCard, Visa, or American Express).
All payments are completely non-refundable. You may cancel the Services at any time, but LDCS will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account. You agree to provide LDCS with a valid credit or debit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.
LDCS accepts credit and debit cards as forms of payment. LDCS may obtain a pre-approval from the credit or debit card company for an amount up to the amount of the order. Please check with your bank regarding any policies they have concerning online purchases. If a purchase has been declined online due to credit or debit card issues, please check with your bank.
2. Right to Cancel Services
3. LDCS’s Right to Terminate or Modify Services
LDCS may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event LDCS modifies the Agreement or the Services, you may terminate the Services. LDCS may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at LDCS’s sole discretion. LDCS may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from LDCS to effect such termination. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
4. Service Use Restrictions/No Resale of Service
You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
You expressly agree that you may not: (i) permit other individuals or entities to use the Services; (ii) modify, translate, distribute or create derivative works of the Services; and (iii) rent, lease, transfer, or otherwise transfer rights to the Services. You may only use the Services for your private use. You may not use the Services in any way to provide, or as part of, as any commercial service or application.
You are strictly prohibited from sharing, reselling or otherwise distributing the data received by way of the Services to any other person, entity or third party.
In addition to any other remedies available in equity or law to LDCS and LDCS’s Content suppliers, failure to comply with any of the terms and conditions in this Section 4, Service Use Restrictions, shall immediately terminate your license to the Content and the Services, and you shall be liable to LDCS for liquidated damages in the amount of $5,000 for each and every occurrence in which you violate this section. You shall also be liable to LDCS for actual attorney fees and costs necessary to enforce the provisions of Section 4 of this Agreement.
5. Personal Information and Privacy
6. E-mail Notification
To inform you of new Content and Services, LDCS will send you e-mail describing the latest Content and how to get access to the Content. You agree that as a Service subscriber, LDCS may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from LDCS If you do not want to receive this e-mail, you may cancel the Services at any time as provided in this Agreement.
7. Warranties and Disclaimers/Limitation of Liability
All Services are comprised of information from third party information providers. As such, there is no guaranty that such information is accurate, and therefore all information is provided on an “as is” basis.
LDCS MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT ASSOCIATED WITH THE SERVICE, OR THE SUITABILITY OF THE CONTENT. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LDCS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LDCS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER LDCS, ITS OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, THE MATERIALS IN THE SERVICES, YOUR PURCHASE OF SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
LDCS shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from or related to the Service, regardless of the legal theory under which such liability is asserted, and regardless of whether LDCS has been advised of the possibility of such liability, loss, or damage. Further, in any event, if there should be liability for any reason whatsoever, the Customer’s right to damages hereunder shall be limited to any amount not exceeding one month’s payment for the service.
8. Indemnity and Hold Harmless
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LDCS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND ALL OTHER PARTNERS, FROM ANY CLAIM, DEMAND, LIABILITY, LOSS OR EXPENSE INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, THE USE/PURCHASE OF LDCS SERVICES OR ANY INFORMATION SEARCHED OR OBTAINED THROUGH LDCS SERVICES.
9. General Disclaimer
You agree that no joint venture, partnership, employment or agency relationship exists between you and LDCS as a result of this agreement.
Users should consult state and federal laws before using any information retrieved through an LDCS Services in making decisions on hiring or firing of employees.
LDCS cannot and does not offer legal advice on how to use the information contained in its products and services, and is not responsible for any action taken by the customer based on this information. LDCS assumes no liability for any claims for damages arising from the use of any of its data beyond the actual cost of the product purchased or service performed.
Should any part of this Agreement become invalid or unenforceable the remaining provisions shall be interpreted so as to give the greatest effect possible thereto.
LDCS shall not be liable for any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods, or other catastrophes, national emergencies, insurrections, riots, wars, strikes, lockouts, carrier error, or other difficulties; and any law, order, regulation, or other action of any governing authority or agency thereof.
You agree this Agreement is governed by the laws of the State of Wisconsin, U.S.A. You hereby consent to the exclusive jurisdiction and venue of the courts in the county of Washington, State of Wisconsin, U.S.A. in all disputes arising out of, relating to, or concerning the Services and/or this Agreement.
NOTICE TO SUBSCRIBER
It may be a violation of state law to discriminate against a job applicant because of an arrest or conviction record. Generally speaking, an employer may refuse to hire an applicant on the basis of a conviction only if the circumstances of the conviction substantially relate to the particular job. For more information, see Wis. Stats. 111.335 and the Department of Workforce Development’s “Arrest and Conviction Records under the Law publication.