Terms of Service

Last updated: September 21, 2020

PacerMonkey LLC. (“PacerDash,” “we,” “our”) offers products and services available online via websites, including but not limited to www.pacerdash.com. The “Site” refers to this and any other website provided by us. The “Service” includes the Site, and also any content or data directly or indirectly obtained through use of the Site, including by not limited to, any text, images, videos, statements, media, dockets, court filings, digital files, emails, and notifications.

These Terms of Service (the Terms”) create a legal agreement directly between you and PacerDash and explain the rules governing use of the Service. By accessing or using the Service, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service.

We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Service after any such update constitutes your acceptance of such changes.

Eligibility

To use the Service you must be, and represent and warrant that you are, at least 18 years of age and competent to agree to these Terms. If PacerDash has previously prohibited you from accessing or using the Service, you are not permitted to access or use the Service.

Account Registration and Use

To access the Service, you must register for a PacerDash account with your email address and by creating a password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your account. We may assume that any communications we receive under your account have been made by you.

You are responsible for notifying us at support@pacerdash.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. PacerDash will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by PacerDash or a third party due to someone else using your account.

Subscribers

We call users who use the Service as part of a paid Asana subscription plan (regardless of the subscription tier) “Subscribers.” The Service features and functionalities available to Subscribers are determined by the subscription tier and the specific terms agreed to between Asana and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Subscriber Agreement”).

PACER

The Service provides access to content available on the United States Public Access to Court Electronic Records system (“PACER”). The Company has no official affiliation with PACER, the Administrative Office of U.S. Courts, nor any other government entity.

By using the Service, you agree that you will not use the Service in any way that would violate any pre-existing terms of service with PACER.

Use of the Service may result in us making requests to PACER on your behalf (“PACER Requests”). PACER Requests include both requests that are executed immediately upon initiation by you (“Contemporaneous PACER Requests”) and requests scheduled for automated execution at specified times or intervals (“Scheduled PACER Request”).

You agree that the execution of any PACER Request is not guaranteed. You agree that any PACER Request can fail for a variety of reasons, including but not limited to software bugs, PACER downtime, network outages, or user error.

You agree that any statement of "low latency", "reduced latency", or any other statement related to the timeliness or frequency of any Scheduled PACER Request do not constitute any guarantee, obligation, or legally enforceable promise by us.

YOU AGREE THAT YOU WILL NOT RELY ON THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY PACER REQUEST.

You agree that you will not hold the Company responsible for any damages, direct or indirect, related to any execution or failed execution of any PACER Request. These include but are not limited to failed requests, redundant requests, incomplete requests, incorrect requests, or any other request that deviates from your expectations.

The Company is under no obligation to maintain or provide any log of PACER Requests we have executed for you.

We have no control over content provided by PACER (“PACER Content”). This includes but is not limited to cases, dockets, filings, schedules, and party information. The Company has no obligation to monitor, check, or otherwise verify PACER Content. You agree the Company is not liable for any loss or damage which may be incurred as a result of your reliance on the availability, integrity, completeness, quality, or accuracy of any PACER Content.

The Company is under no obligation to maintain your access to any PACER Content through our Service. This includes PACER Content you have purchased through the Service. The Company reserves the right to remove any PACER Content from the Service at any time, for any reason, with or without notice.

You agree that the Company has an unrestricted right to use any PACER Content royalty free and without limitation. This includes any content that we have retrieved for you through your use of the Service.

The Service obtains files directly from PACER and then attempts to parse this content to provide it to you in a more usable form (“Parsed PACER Content). The Company makes no representations as to the accuracy of Parsed PACER Content. You agree the Company is not liable for any loss or damage which may be incurred as a result of your reliance on the availability, integrity, completeness, quality, or accuracy of any Parsed PACER Content.

Third Party Content

“Third Party Content” refers to any content available on the Service that is not provided by the Company. You agree that the Company has no control over Third Party Content, and is no obligation to monitor, verify, or check the availability, integrity, completeness, quality, or accuracy of any Third Party Content. Under no circumstances is the Company liable for any loss or damage arising from your reliance on Third Party Content.

Prohibited Uses

  • You agree not to disable any encryption or security features implemented by the Service.
  • You agree not to disassemble, decompile or reverse engineer the Service or otherwise attempt to discover the source code for the Service.
  • You agree not to attempt to access the Service via any interface other than the web interface provided by the Company.
  • You agree not to access the Service using any account other than your own. You agree not to share your account login details with anyone else.
  • You agree not to create any derivative work based on the Service.
  • You agree not to engage in any activity that will interfere with or disrupt the Service.
  • You agree not to use any program, script, bot, spider, or crawler to scrap, collect, harvest, or gather content from the Service.
  • You agree not to use the Service for any unlawful purpose.

Modifications and Terminations of Service

We reserve the right to take any of the following actions temporarily or permanently, in our sole discretion at any time and for any reason without giving you any prior notice:

  • restrict, suspend or terminate your access to all or any part of the Service;
  • update, modify, suspend or discontinue all or any part of the Service;
  • modify any content that is available through the Service;
  • modify the pricing of all or any part of the Service;
  • deactivate or delete your account and all related information and files in your account; and
  • establish general practices and limits concerning access to the Service.

You agree that the Company will not be liable to you or any third party for modifying or terminating your use or access to the Service.

Privacy

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

Revisions to the Terms

The Company reserves the right to modify, change, or update the Terms at any time. A current copy of the Terms will be made available on the Service. The Company will make reasonable efforts to notify you of any material changes to the Terms. Your continued use of the Service after any revision to the Terms constitutes acceptance of any modified, changed, or revised provisions contained in the Terms. You consent to receive electronic notice of revisions to the Terms, along with any other notices from the Company, at the email address you provided at registration. Failing to provide a valid email address or use the Service without formally registering does not exempt you from being bound by the Terms.

Ownership

Notwithstanding your use of the Service, the Company retains all right, title and interest in and to the Service including its underlying source code. You agree that no ownership rights to the Service are granted to you.

Third Party Links

Links to third party websites from the Service are meant for convenience only. The Company does not review or control any third party websites and is not responsible for any third party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us.

Disclaimer, No Implied Warranty

We provide this Service and its contents “AS IS.” We make no express warranties or guarantees about the Service.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SERVICE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.

You acknowledge and agree that the Service is provided for general information only. We make no guarantees as to the completeness or accuracy of, nor can we accept any responsibility for, any errors appearing in the Service. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION AVAILABLE THROUGH THE SERVICE IS TO BE RELIED UPON, AND YOU FURTHER AGREE TO INDEPENDENTLY VERIFY ANY INFORMATION PROVIDED AS PART OF THE SERVICE AND WHICH YOU INTEND TO RELY UPON, AND, IF REASONABLY NECESSARY, YOU SHOULD SEEK THE ASSISTANCE OF AN ATTORNEY IN DOING SO.

Limitations of Liability

To the fullest extent permitted by applicable law, you agree that the Company will not be liable for any losses or damages of any kind arising from any use, reliance, or failure to access the Service. You agree that Company shall not be liable for any indirect, special, incidental, consequential or exemplary damages.

Under no circumstances shall the Company 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 the Company or any of its mangers, directors, officers, partners, employees or agents in connection with any such information.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and our employees, contractors, officers, directors, managers, partners, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Service. 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.

Entire Agreement, Severability, and Integration

Except as otherwise provided, the Terms and any supplemental terms, policies, rules and guidelines posted on the Service constitute the entire agreement between you and the Company, 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.

Waiver

No delay or failure or either party to exercise any right or remedy, enforce any obligation, or exercise any option under the Terms will be construed as a waiver of such right, remedy, provision or option, or of any other term or condition of the Terms, and no waiver will be effective unless consented to in a writing signed by an authorized representative of the waiving party. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any prior, concurrent, or subsequent breach or default.

Governing Law

Without limitation to your consent to binding arbitration set forth below, any claim against the Company or otherwise relating to your use of the Service 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. District Court for the Southern District of New York or the appropriate New York state court.

Binding Arbitration

You agree that any disputes or claims that you may have against the Company 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 on 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.

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 the Terms, you and the Company 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.

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