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TERMS AND CONDITIONS

   
   

May 24, 2021

   
   

DEFINITIONS

 

1.      worldcourts.com and www.worldcourts.com are owned and operated by the owner of the worldcourts.com domain.

 

2.      In the foregoing, all content or any part thereof made available on worldcourts.com and www.worldcourts.com is referred to as the “Site”.

 

3.      In the foregoing, the owner of the domain is referred to as “WorldCourts” and the Site visitor(s) are referred to as “You” or “User” or “Person” or “Entity”.

 

4.      The headings in these Terms and Conditions Agreement are for the convenience of the reader only and shall not affect the meaning or interpretation of these Terms and Conditions.

 

YOUR AGREEMENT TO TERMS

 

5.      By accessing or using this Site in any way, you agree to abide by these Terms and Conditions.

 

6.      WorldCourts reserves the right to change, modify, add or remove parts of the Terms and Conditions at any time, at its own discretion and without prior notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

 

7.      By using the Site, You confirm that You have a capacity to form legally binding contracts under applicable law. Without limiting the foregoing, minors may not use the Site without proper parental consent.

 

8.      If You do not agree to these Terms and Conditions, You are not given any license to the use the Site and are prohibited from using it.

 

9.      If you do not agree to the changes, modifications, additions or deletions, to the Terms and Conditions then you are not given any license to the use the Site and are prohibited from using it.

 

YOUR LIMITED LICENSE TO USE THE WEBSITE

 

10.  WorldCourts grants the User a nonexclusive, limited license to consult, download, print and copy the materials contained on the Site for the User's personal non-commercial use, subject to these Terms and Conditions, and provided that the Site is identified as the source of the document. Any income-generating use of any kind, whether direct or indirect, is expressly prohibited.

 

11.  Without limiting the generality of the foregoing, You agree not:

 

a.      to distribute, reproduce, republish or retransmit the Site;

b.      to make derivative use of the Site;

c.       to modify the Site;

d.      to make the Site publicly available;

e.      to decompile, reverse engineer, disassemble the Site;

f.        to use any data mining, robots or similar data gathering and extraction methods to access the Site;

g.      to rent, lease, loan, sublicense, assign, or transfer the License;

h.      to download, print or copy significant portions of the Site;

i.        use this Site for any purpose that is unlawful or prohibited by these Terms of Service.

 

12.  In using the Site, You agree to reference the Site as the source of the material, and to maintain all notices contained in any content of the Site.

 

13.  Except as noted in these Terms and Conditions, the User is not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WorldCourts or any third party.

 

14.  WorldCourts has the right at any time and in its sole discretion to change or discontinue the operation of the Site, and to do so without notice.

 

15.  Notwithstanding any of these Terms and Conditions, WorldCourts has the right, at any time and in its sole discretion, to terminate any User’s license to use this Site, and to prevent future use of the Site, and to do so without notice.

 

16.  Except as noted in these Terms and Conditions, the User is not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WorldCourts or any third party.

 

17.  The restrictions on use of the Site as set forth in these Terms and Conditions shall survive any termination of the license.

 

DAMAGES FOR BREACH OF THESE TERMS AND CONDITIONS

 

18.  The User acknowledges that the User’s breach of these Terms and Conditions will cause WorldCourts to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by WorldCourts of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof.

 

19.  In lieu of actual damages for such breach, the User agrees that liquidated damages may be assessed and recovered by WorldCourts as against the User or any person liable, in law or equity, for the actions of the User, and without WorldCourts being required to present any evidence of the amount or character of actual damages sustained by reason thereof.

 

20.  The User and any person liable, in law or equity, for the actions of the User, shall be liable to WorldCourts for payment of liquidated damages in the amount of Ten Thousand Canadian Dollars (C$10,000) per each file in respect of which the User breached these Terms and Conditions.

 

21.  Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and the User or any person liable, in law or equity, for the actions of the User, shall pay them to WorldCourts without limiting WorldCourts’ right to.

 

NO REPRESENTATIONS AND WARRANTIES

 

22.  You agree that use of the Site is entirely at your own risk. The site and materials provided through or in connection with it, are provided "as is" and “as available” basis, without warranty of any kind.

 

23.  WorldCourts does not warrant the accuracy, currency, quality, completeness, correctness, timeliness or usefulness of any part of the Site.

 

24.  WorldCourts makes no representations or warranties of any kind concerning the Site, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, completeness, or the presence or absence of errors, whether or not discoverable.

 

25.  This site is maintained for information purposes only. The User is advised to verify any information that is reproduced on the Site against original documents.

 

26.  Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.

 

LIMITATION OF LIABILITY

 

27.  WorldCourts, its partners, agents, executives, directors, employees, contractors and affiliates shall not be liable for any loss, injury, claim, liability, or damage of any kind, in any way due to, resulting from or arising in connection with use of or inability to use the Site, whether or not caused by breach of contract, tortuous behavior, negligence, or by under any other cause.

 

28.  WorldCourts, its partners, agents, executives, directors, employees, contractors and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages (including, without limitation, legal fees) resulting from or arising in connection with use of or inability to use the Site, in any way due to, resulting from or arising in connection with use of or inability to use the Site, whether or not caused by breach of contract, tortuous behavior, negligence, or by under any other cause.

 

29.  You hereby acknowledge that the foregoing limitation of liability provision shall apply to all content on the Site, and that it applies regardless of whether WorldCourts has been advised of the possibility of such losses and damages as listed above.

 

30.  To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, liability is limited to the fullest extent permitted by law, or $100.00, whichever is smaller.

 

31.  If You are dissatisfied with the Site, Your sole and exclusive remedy is to cease using it.

 

INDEMNITY

 

32.  The User agrees to defend, indemnify and hold harmless WorldCourts, its partners, agents, executives, directors, employees, contractors and affiliates from any claims and expenses, including reasonable attorney's fees and court costs, arising out of or related to the User’s use of the Site and the information herein contained.

 

NOT LEGAL ADVICE

 

33.  The Site has been prepared for informational purposes only, is intended solely as general guidance and is not legal advice.

 

34.  The Site does not create an attorney-client relationship. The Site is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your jurisdiction.

 

LINKS TO THIRD-PARTY SERVICES

 

35.  This Site contains links to websites not under WorldCourts’ control. WorldCourts provides those links as a convenience for Users of the Site and is not responsible for their contents. The presence of a link does not imply endorsement or approval of its contents by WorldCourts or its partners, agents, executives, directors, employees, contractors and affiliates.

 

LINKING TO THE SITE

 

36.  You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray WorldCourts or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a WorldCourts logo or other proprietary graphic or trademark of WorldCourts to link to this Site without the express written permission of WorldCourts. This limited right may be revoked at any time.

 

GOVERNING LAW

 

37.  Use of the Site is governed by the federal and provincial legislation in force in the Province of British Columbia, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

38.  Any legal action against WorldCourts with regards to the Site shall be brought before the courts of the Supreme Court of British Columbia in the City of Vancouver, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

SEVERABILITY

 

39.  If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

 

ENTIRE AGREEMENT

 

40.  These Terms and Conditions constitute the entire agreement with respect to the Site. WorldCourts shall not be bound by any additional provisions that may appear in any communication with the User.

 

RIGHTS RESERVED

 

41.  All rights not expressly granted in these Terms and Conditions are hereby reserved.

 

PRIVACY POLICY

 

42.  Any information that is collected by WorldCourts and that does not identify the User personally is non-confidential and is not subject to any obligation of confidence on the part of WorldCourts. This includes, but is not limited to, Your internet protocol (IP), navigation through the site, software used, email address, and time spent on the Site.

 

43.  WorldCourts reserves the right to use, process and disclose such data without restriction at any time and its sole discretion.

 

44.  WorldCourts assume no responsibility for the security of this data.

 

45.  WorldCourts may preserve, disclose, or use data if required to do so by the law applicable in any jurisdiction or in the good faith belief that doing so is necessary to (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights and property of WorldCourts.

 

COPYRIGHT NOTICE

 

46.  The User acknowledges that the site is protected by copyright, neighbouring rights, database rights, trademarks, trade secrets, other proprietary rights and/or other applicable law, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

 

47.  The compilation of materials gathered here by WorldCourts and the pages holding them are protected by copyright, with the copyright held by WorldCourts. The Site is copyrighted as a collective work under copyright laws, and WorldCourts owns a copyright in the selection, coordination, arrangement and enhancement of such content.

 

48.  Distribution of these pages on the Internet does not constitute consent to any use not authorized by the Terms and Conditions.

 

49.  WorldCourts, worldcourts.com, www.worldcourts.com and its logos are trademarks of WorldCourts. Other products, brands, company names and the like are trademarks of their respective owners. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of WorldCourts, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WorldCourts.

 

50.  The User may not reproduce or distribute content protected by copyright, or other proprietary rights, without obtaining prior written permission from WorldCourts.

 

51.  Copyright is not claimed as to any work of the United States government or other materials that are in public domain, but WorldCourts does claim copyright in markup, navigation apparatus, and other value-added features of electronic editions of these publications.

 

52.  Any materials provided on the Site without permission from the copyright owner(s) under the "fair use" doctrine may not be distributed for other purposes without permission of the copyright owner(s).

 

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

 

53.  If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, please notify WorldCourts via email at admin@worldcourts.com by providing the following information:

 

a.      identification of the copyrighted work claimed to have been infringed;

b.      identification of the allegedly infringing material on the Site that is requested to be removed;

c.       your name, address and an e-mail address, so that WorldCourts may contact you, if necessary;

d.      a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

e.      a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

f.        an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

 

54.  WorldCourts will remove any posted submission which infringes the copyright of any person under the laws of the Province of British Columbia upon receipt of such a statement.

   
   

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