Revised: May 22, 2013
Redline edition showing changes from May 7, 2009 to May 22, 2013.
Redline edition showing changes from November 17, 2008 to May 7, 2009.
Welcome to Docket Navigator®! We offer you the web sites, services and content on DocketNavigator.com (“Docket Navigator”) on the condition that you agree to the following terms.
About these Terms
Changes to the Services
We may change or discontinue any offering or feature on Docket Navigator at any time and without notice.
We will open an account for you when you sign up for Docket Navigator. You must provide complete and accurate registration information, including (if applicable) accurate and up-to-date billing information. You agree to keep this information up-to-date. You represent and warrant that: (1) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations, (2) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, and (3) all information that you provide is true and current.
You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use Docket Navigator, or any of its web sites, services, data, documents, information and content (collectively, “Content”) in any way that: (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including our company and our employees and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or (5) violates this Agreement, guidelines or any policy posted on Docket Navigator. You may not give access to your account, or disclose your password to others. You are responsible for keeping your account information, including all passwords, confidential.
License and Permitted Uses for Docket Navigator Research Database
If you are a subscriber to the Database, you agree that your username and password will not be disclosed to any unauthorized person. We may change your username and password at any time, provided that you are sent notice to your last known e-mail address. You agree to keep your access information confidential and to notify us of any violation of this Agreement. Database subscriptions sold to individual subscribers are for single users only. Database subscriptions sold to institutions (i.e., law firms, corporations and other business, charitable or government entities) are for use by the individuals within such institution designated as subscribers at the time the subscription is purchased.
We grant you a non-exclusive, non-transferable, limited license to access and use Docket Navigator and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold or assigned. You may download and temporarily store insubstantial portions of Content that you license to one personal computer storage device under your exclusive control. You may use such Content only to display internally for your individual research needs. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. Content can under no circumstance be distributed to others without our express written consent.
You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not store or use the Content to create an archival or searchable database of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties. Except for the license granted in this Agreement, all rights, title and interest in Docket Navigator, the FREE Docket Report, the Docket Report Professional, and the Content are and will continue to be the exclusive property of us.
License and Permitted Uses for Docket Report
If you are a subscriber to the Docket Report, we grant you a non-exclusive, non-transferable, limited license to access and use the Docket Report subject to the terms and limitations of this Agreement. All Content included in the Docket Report is licensed and not sold or assigned. You may download and temporarily store individual editions of the Docket Report and all Content accessible via hyperlink contained in a Docket Report, to one personal computer storage device and one portable computer device (such as an email-enabled mobile phone, Blackberry or PDA) under your exclusive control. You may not copy, forward or transmit (collectively “Forward” or “Forwarding”) individual editions of the Docket Report or Content accessible via hyperlink contained in the Docket Report to others except as hereafter provided. You may Forward a Docket Report to a colleague, client, or legal professional in connection with the provision or prospective provision of professional legal services provided such Forwarding is not reasonably calculated to avoid payment of a subscription fee by recipient(s). The phrase “reasonably calculated to avoid payment of a subscription fee by recipient(s)” includes, but is not limited to, the following activities which are expressly prohibited: (i) Forwarding more than 10 editions of the Docket Report in any calendar month, and (ii) Forwarding any edition of the Docket Report to more than 20 recipients. In addition to the above exceptions, Docket Navigator liberally grants permission to Forward the Docket Report on a case-by-case basis, and we encourage subscribers to contact us for such permission when in doubt. You may not store or use the Docket Report to create an archival or searchable database of the Content and you shall not sell, license or distribute the Docket Report (including any printed version of the Docket Report) to third parties. You may report individual cases, orders, or other events that appear in the Docket Report (provided such report is substantially less than all Content contained in a Docket Report) in a web-log, newsletter, website, or similar publication provided you attribute such information to Docket Navigator at the time of publication in a reasonable and customary fashion. Except for the license granted in this Agreement, all rights, title and interest in Docket Navigator, the Docket Report, and the Content are and will continue to be our exclusive property.
You must provide at your own expense the equipment and Internet connections that you will need to access and use Docket Navigator. Those costs are in addition to any purchases you make from Docket Navigator. If you are accessing a Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access Docket Navigator through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from Docket Navigator that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.
Fees and Payment
You agree to pay the applicable fees and charges for purchases that you make from us. We will disclose your payment terms at the time you make a purchase from Docket Navigator. All charges are nonrefundable.
At present, we do not charge for subscriptions to the FREE Docket Report and we do not interpret your request for the FREE Docket Report as authorization to bill or otherwise charge you for such subscription. However, we reserve the right to charge for it or its replacement in the future. Should we decide to do so, all subscribers will be advised of that decision in advance and provided with an opportunity to make payment arrangements for the cost of continuing their subscription. We also reserve the right to discontinue publishing the FREE Docket Report or the Docket Report Professional at any time. In the event we discontinue publishing or providing any service for which we charge a fee, upon such discontinuation we will promptly refund any unused portion of such fee.
If you subscribe to any service that requires payment, you must give us accurate billing and payment information and keep this information up-to-date. Every time you use Docket Navigator or otherwise access our services, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on Docket Navigator. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.
Due to the type of the information being licensed, we unfortunately cannot accept returns of content once it has been delivered. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.
Billing Problems and Disputes
You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.
Disclaimer of Warranties
We provide Docket Navigator “as is”, “with all faults” and “as available.” YOUR USE OF DOCKET NAVIGATOR IS AT YOUR OWN RISK. We make no express warranties or guarantees about Docket Navigator or any of its Content or materials. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEB SITES, SERVICES, CONTENT AND MATERIALS ON DOCKET NAVIGATOR (“DOCKET NAVIGATOR SERVICES”) ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE, NON-INFRINGING or that the website, docket reports or the server(s) on which they are hosted are free of viruses, bugs or other harmful components. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE DOCKET NAVIGATOR SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE DOCKET NAVIGATOR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
Every effort is made to assure that all information published is correct. However, Hopkins Bruce disclaims any liability for errors or omissions in the services and as a subscriber you assume the risk of possible errors or omissions. No legal advice is intended or offered by Docket Navigator in making any of the Content available, and Docket Navigator disclaims any and all liability related to any decision take by a party in reliance upon the Content.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE DOCKET NAVIGATOR SERVICES AND SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, COMPUTER INFECTION, OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE DOCKET NAVIGATOR SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR DOCKET NAVIGATOR PURCHASE AT ISSUE.
Links to Other Sites
The Database or Docket Reports may contain links to other websites. These links are provided to you only as a convenience and their presence do not imply endorsement by Docket Navigator or its affiliates or subsidiaries, or of any association with such websites’ operators. You agree that Docket Navigator and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites on linked sites. Docket Navigator and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through these links. Any concerns regarding services offered or content which is published by these other sites should be directed to the operator of that specific website and not Docket Navigator.
We may cancel or suspend your access to Docket Navigator at any time, without cause and/or without notice. Your right to use Docket Navigator will end once your service is terminated. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Electronic Contracting and Notices
Your affirmative act of making purchases or registering for Docket Navigator constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding Docket Navigator (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the applicable web page of Docket Navigator. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.
In order to receive Notices electronically, you must constantly maintain the email address or web address which you have provided to us, a means of accessing those notices (by means of a computer, laptop, tablet, mobile device or otherwise) and be connected to an internet service provider with a connection to allow such notice. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This Agreement and any supplemental terms, policies, rules and guidelines posted on Docket Navigator constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement 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.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of Texas govern this contract and any claim or dispute that you may have against us, without regard to Texas conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Taylor County, Texas, and you consent to personal and subject matter jurisdiction in such courts.
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Website Usage Information
We may receive and store certain types of website and email usage information whenever you visit any of our web sites or open one of our Docket Navigator emails. For example, we may collect the page served, time, source of the request, type of browser making the request, preceding page view, previously stored “cookies”, and other similar information. With regard to the Docket Reports and other email messages, we may store information about whether or not the email was viewed, whether or not images were downloaded from our server, links that may have been accessed, the identity of the subscriber, and whether or not the report has been forwarded to others. When analyzed, website and email usage information helps us determine how subscribers and visitors utilize our Content, what type of Content is most popular, and the manner in which our Content is being viewed.
Remember that you visited the site before, and to track unique visitors;
Remember your login information as you navigate through our website;
Improve the customer experience by recording how users navigate our website;
Collect statistical information about how users utilize our website; and
Maintain a record of the pages within our website that are visited, and to monitor website traffic.
Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional information about cookies and how to block cookies using different types of browser. Please note however, that by blocking, deleting or turning off cookies used on the site you may not be able to take full advantage of Docket Navigator’s features.
Other Information Collected
We may receive and store certain types of personal information provided by you in the course of providing service. For example, we may collect terms, phrases, and choices you make while searching, browsing, or configuring alerts or bookmarks. We collect and store billing information. We record changes to your account status. For example, we may record when payments were made, when your account was accessed, when your password was reset, and similar audit information.
How We Use The Information Collected
The information you provide to us may be used to:
Send you newsletters and/or other e-mail communications for which you have registered;
Confirm or fulfill an order you have made;
Authorize a purchase or complete a transaction that you have requested, i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you;
Monitor or improve the site;
Administer the site’s systems and for other internal business purposes;
Customize the content you see;
For other purposes disclosed when you provide your information.
With Whom Information May Be Shared
We employ third parties to perform functions on our behalf; examples include hosting or operating our site, fulfilling orders for products and services purchased through the site, sending e-mail, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the site’s behalf. We do not sell personal information to third parties or provide it to them for any purpose other than the provision of products and services purchased through the site.