Jay DEITZ & Associates, DEITZ Court Reporting (“Provider”)
This is “Provider” License Agreement (the “Agreement”) for Access and Use of the “Provider” Web Portal(s). You may wish to print this Agreement for your reference. A link to this Agreement is provided on the Provider Web Site so that you may review this Agreement at any time. This Agreement sets forth the terms and conditions for your use of the Provider Web Site. By clicking “I Agree” you agree to be bound by the terms and conditions contained in this Agreement.
PURPOSE & INTENT & CONSENT
User consents to receive periodic information and updates from “Provider” including notice of transcript availability, “Provider” information emails including Constant Contact marketing, information and updates.
The “Provider” Portal is intended to provide a web view of transcripts, documents account details and the like (information); purchased and or obtained through purchase and or legal means whereby the viewer has the right to view the information displayed. This web view is not intended to replace or displace the use of the original information as required by law, statute or custom. The information presentation via “Provider” Portal is merely a working copy of original information delivered and or distributed and obtained through traditional means. Purchase of originals or copies of information is required for free use of the “Provider” Portal in compliance with the foregoing and user warrants that they will protect the information and not distribute the information in any manor shape or form, and will protect access to their information from anyone who has not purchased information accordingly notifying “Provider” of any breach immediately.
A. “Licensee and/or you” means you the user and the individual executing this Agreement.
B. “Product” means Content and Software on the Provider Web Site and any portion thereof, which is accessible on the Internet at http://xx.zzz.aaa.bb/ or another uniform resource locator that the Provider might designate.
C. “Content” means all indexes, scans (including, but not limited to, scans of works in the public domain, and derivative works therefrom), text (including, but not limited to, typed text of work in the public domain and derivative works there from), graphics, photographs, animations, scripts, icons, audio, video, data and all other non-Software components of the Product.
D. “Use” means access to the Product, and to reproduce copies, display or perform the Product.
E. “Software” means all computer code (both source and object), applets, interfaces, commands, syntax and expressions of ideas that operate, cause, create, direct, manipulate, access or otherwise affect the Content in the Product, whether created by Provider or licensed from third parties.
F. “Provider Web Site” shall mean the “Provider” Portal Web Site located at http://jaydeitz.com, http://deitzcourtreporting.com, http://depositionnet.com, and all subsequent pages made available by the Provider server accessed at http://jaydeitz.com, http://deitzcourtreporting.com, http://depositionnet.com.
2. LICENSE AND PERMITTED USE
A. Notwithstanding the protectability of the Product under any law, or lack thereof, access to and Use of the Product shall be governed exclusively by the terms of this Agreement.
B. The Product is comprised of original works of authorship, (including, but not limited to, derivative works based on graphical scans or typed text of public domain materials) that are both proprietary and intellectual properties of Provider or its suppliers and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws.
C. Provider grants to you a non-exclusive and non-transferable license to:
1.Use the Product as provided herein, until your access is terminated as provided for in this Agreement;
2.Access, load, store, and operate the Product with browser Software; or
3. Access the Product, including the Content, via the Internet.
D. Notwithstanding the above, you shall NOT, without the prior written consent of Provider:
1. Decompile, reverse engineer, disassemble, or create derivative works from the Product;
2. Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark, and patent designations contained in the Product;
3. Upload, post, email, transmit, publish, re-publish, distribute, display, or otherwise make available the Product to any third parties;
4. Use the Product for any commercial, financial, or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale, or resale of the Product; or
5. Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components, or create derivative works of the Product.
E. You shall not interrupt, or attempt to interrupt, the operation of the Provider Web Site in any way.
F. The Provider Web Site may include technological protection measures that effectively control access, reproduction or distribution of the Product. Any attempt to tamper or dismantle these protections is a breach of this Agreement and may be a violation of the Digital Millennium Copyright Act of 1998, and will subject the violator to civil and criminal penalties.
G. Provider reserves the right to log off any persons that are inactive for an extended period of time and/or prevent access to persons that violate any provision of this Agreement.
H. All downloading, printing or other Use in excess of that provided herein requires PRIOR written permission from an executive officer of Provider, by contacting Provider at www.DEITZCourtReporting.com, or emailing to DEITZReporting@aol.com or contacting inventor Mark Hoorwitz at EBTguy@aol.com.
I. You may not provide links to the Provider Web Site without prior written consent.
A. To the Agreement. Provider has the right to modify this Agreement and any policies affecting the Provider Web Site. Any modification is effective immediately upon posting to the Provider Web Site or distribution via electronic mail or conventional mail. Your continued Use of the Provider Web Site following notice of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s).
B. To the Provider Web Site. Provider has the right to modify, suspend or discontinue the Provider Web Site or any portion thereof at any time, including the availability of any area of the Provider Web Site, including, but not limited to, the availability of the Product. Provider may also impose limits on certain features and services or restrict your access to parts or all of the Provider Web Site without notice or liability.
4. YOUR REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that:
A. You will use the Provider Web Site in accordance with this Agreement.
B. The information that you have provided to Provider is true and accurate.
C. You shall at all times comply with all applicable laws, rules and regulations with respect to your Use of the Provider Web Site.
D. You shall not Use the Provider Web Site to infringe, misappropriate or violate the rights of Provider or third parties.
E. You shall not knowingly or otherwise introduce to or through the Provider Web Site any viruses or other items of a destructive nature.
F. You shall comply at all times with this Agreement, including any modifications to this Agreement in accordance with this Agreement.
5. DISCLAIMER OF WARRANTIES
Unless otherwise expressly agreed in writing by “Provider”, “Provider” is making the Product available “AS IS”, and accordingly makes no warranties or representation whatsoever, express or implied with respect to the Product. Neither “Provider” nor its representatives has made or makes any representations or warranty as the accuracy or completeness of data produced by the Product. You agree that neither “Provider” not its representatives shall have any liability to
You or to any of Your representatives resulting from the provision or use of the Product.
6. LIMITATIONS ON LIABILITY
A. USE OF THE PRODUCT IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE AND/OR DOWNLOADING THE PRODUCT, ACCESSED THROUGH OR OBTAINED BY MEANS OF THE PROVIDER WEB SITE. THE PROVIDER AND ITS AFFILIATES, AGENTS, LICENSORS, AND ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR PROVIDER SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEY’S FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION OF DAMAGES
THE LIABILITY OF PROVIDER, ITS AFFILIATES, AGENTS, LICENSORS, AND ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR PROVIDER, IF ANY ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE PROVIDER WEB SITE, THE PRODUCT OR PROVIDER INC. IS LIMITED TO THE MINIMUM AMOUNT ALLOWABLE BY LAW AND IN NO EVENT SHALL IT EXCEED ONE DOLLAR ($1.00).
8. REGISTRATION AND SECURITY
A. As part of the registration process, you will select or may be given an access ID. You may also select or be given a password. If you select an access ID that information shall be provided to Provider with certain registration information, all of which must be accurate and updated as appropriate.
B. You may not (1) select or use a access ID of another person with the intent to impersonate that person; (2) use a access ID in which another person has rights without such person’s authorization; or (3) use a access ID that Provider, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your use of the Product.
C. You shall be responsible for maintaining the confidentiality of your password.
D. You shall immediately notify Provider of any known or suspected unauthorized Use(s) of your access ID, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password.
E. You are responsible for all usage or activity with your access, including, but not limited to, Use of your access by any third party authorized by you to access the site using your access ID and password. You are also responsible for any and all unauthorized use using your access ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access, at Provider’s sole discretion, and Provider may refer you to appropriate law enforcement agencies.
9. TERM AND TERMINATION
A. Your access shall continue until terminated by Provider, which can occur at any time.
10. EXPORT CONTROL LAWS
Software available on the Provider Web Site or as part of the Product may contain technology that is subject to export controls. You agree not to transfer or export such Software from the United States, including providing such Software to any foreign person or entity in the United States.
Although freely assignable by”Provider”, You may not transfer or assign Your rights or obligations under this Agreement without “Provider” prior written consent .
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. All waivers must be express and in writing. This Agreement contains the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all previous communications, negotiations and agreements, whether oral or written, between the parties with respect to such subject matter.
13. CHOICE OF LAW
This Agreement shall be governed by the internal laws of the State of New York without regard to the principles of conflicts of laws.
14. JURISDICTION AND VENUE
Any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the courts of the state of New York.
15. ENTIRE AGREEMENT
This Agreement and the attachments to it constitute the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.