Terms Of Use - RepAgencyWorks
All subscribers (both paying and "Free-Trial") must agree to the following terms of use. PLEASE READ THE
TERMS CAREFULLY. BY INDICATING YOUR ACCEPTANCE (AS DESIGNATED BELOW) YOU ARE SUBJECT TO
THIS TERMS OF USE AGREEMENT.
Terms of Use Agreement
The services that Evans Enterprises, LLC, d/b/a Chase Software (“Chase”) provides to you are subject to the
following Terms of Use Agreement (the "Agreement"). Chase reserves the right to update the Agreement at
any time and you, by continuing use of the site or by logging in to utilize its services, agree to such updates;
the most current version of the Agreement can be reviewed by clicking on the "Terms of Use" hypertext link
located at the bottom of our web pages found at www.repagencyworks.com (the “Website”). This
Agreement is by and between Chase and the person acknowledging this Agreement (the "Subscriber").
DESCRIPTION OF SERVICE.
Chase is a transaction intermediary engaged in the facilitation of electronic commerce. Chase agrees to
provide Subscriber access to its court reporter tracking service (the "Service") which will permit the
processing, storage, retrieval, reporting, and transmission of transaction data submitted by Subscriber (the
"Subscriber Data") under the terms of use set forth in this Agreement. Chase may change Service features
and functionality, as well as the terms of use of this Agreement, from time to time.
GRANT OF SOFTWARE LICENSE.
Chase hereby grants Subscriber a non-exclusive, non-transferable, limited license to use Chase-owned
software accessed by, through or at the Website or otherwise (the "Software") solely in connection with
Subscriber's use of the Service. Subscriber shall not, and shall not permit, assist or allow others to, reverse
engineer, decompile, disassemble, re-engineer or otherwise discover or recreate or attempt to discover or
recreate the Software. Subscriber shall not modify the Software, or sublicense or charge others to use or
access the Software, or use the Software for a service bureau, or use the Software in any way not expressly
authorized by this Agreement.
This Agreement is not a sale of materials to Subscriber but only a non-exclusive, limited license to use the
Software as stated above.
Subscriber acknowledges that ownership of and title in and to all intellectual property rights, including
patent, trademark, service mark, copyright, and trade secret rights, in the Chase proprietary information are
and shall remain in Chase. Subscriber acquires only the right to use the Chase proprietary information and
does not acquire any ownership rights or title in or to the Chase proprietary information.
SUBSCRIPTION FEES AND CHARGES ("free-trial" members excluded during trial
period).
Subscriber's use of the Service may result in fees as will be set forth on the Website and/or as agreed by
Chase. The Service fees and charges may be changed by Chase from time to time. Subscriber agrees to pay
said fees prior to the term of the Service that is to be rendered. Failure to pay fees may result in the
suspension or termination of the Service and the destruction of all Subscriber Data. Subscriber shall be liable
for all attorney and collection fees arising from Chase's efforts to collect unpaid balances.
SECURITY.
Chase agrees to exercise reasonable care to prevent any unauthorized person or entity from gaining access
to the Subscriber Data. Both parties agree to promptly notify the other of any unauthorized access to or use
of Subscriber Data or passwords. Both parties agree to use all reasonable efforts to take remedial measures
to rectify any such unauthorized access. Chase shall not be liable for any damages incurred by Subscriber in
connection with any unauthorized access to or disclosure of Subscriber Data resulting from the actions of
Subscriber, any third party, or from the failure of electronic or other security measures. However, you could
be held liable for losses incurred by a party due to someone else using your account or password. You may
not use anyone else's account at any time, without the permission of the account holder.
HIPAA/HITECH COMPLIANCE.
Chase is HIPAA/HITECH compliant. 1) All data is stored and backed up in a HIPAA/HITECH compliant
colocation facility. 2) All data is transmitted using an encrypted transmission protocol. 3) Chase has a
disaster recovery policy in place.
PROTECTION OF PROPRIETARY INFORMATION.
In order to protect the rights of Chase's proprietary information, Subscriber agrees to take all reasonable
steps to protect Chase's Proprietary Information from disclosure to third parties as with its own proprietary
and confidential information. Subscriber shall not disclose, provide, or make available any of Chase's
proprietary information in any form to any person. "Proprietary Information" is the Software (HTML, ASP, VB
Script, and JavaScript), the database (tables, fields, stored procedures, entity-relationships, etc.), any
documentation and any complete or partial copies thereof, the way the Software looks and functions, and
information reasonably identifiable as the confidential and proprietary information of Chase.
LIMITED WARRANTY.
Chase warrants that the Service shall be provided with reasonable care. EXCEPT FOR THE FOREGOING,
CHASE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE PROVIDED HEREUNDER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NO LIABILITY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, UNDER NO CIRCUMSTANCES SHALL CHASE BE LIABLE TO
SUBSCRIBER OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE
GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL SERVICE FEES PREVIOUSLY PAID BY SUBSCRIBER, OR
BE LIABLE IN ANY AMOUNT FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE SERVICES, SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICE, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. SUBSCRIBER'S SOLE REMEDY UNDER THIS AGREEMENT IS THE
TERMINATION OF THE SERVICE.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Service and Software, you will not use the Service or Software for any
purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service
or Software in any manner that could damage, disable, overburden, or impair any Chase server, or the
network(s) connected to any Chase server, or interfere with any other party's use and enjoyment of the
Service or Software. You may not attempt to gain unauthorized access to the Service or Software, other
accounts, computer systems or networks connected to any Chase server through hacking, password mining
or any other means. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Service or Software.
VIRUS PROTECTION.
Subscriber understands that Chase does not scan for viruses in any file that Subscriber stores within any
part of the Chase system or transmits to a third party from Chase. Chase assumes no responsibility for
scanning documents or attachments submitted by Subscriber.
INDEMNIFICATION.
Subscriber agrees to indemnify and hold harmless Chase and its affiliates, employees, agents, licensors,
successors and assigns from all damages and liability, including reasonable attorneys' fees, incurred by: (a)
Subscriber's violation of its obligations under this Agreement, (b) the negligence or willful acts of Subscriber,
(c) Subscriber’s use of the Software and/or the Service, or (d) the violation by Subscriber of Chase's or any
third party's rights, including, but not limited to, privacy rights, other property rights, trade secret,
proprietary information, trademark, copyright or patent rights and claims for libel and slander or unfair trade
practices in connection with the use or operation of the Service or Software. Subscriber's obligation to
indemnify shall survive the expiration or termination of this Agreement by either party for any reason.
TERMINATION.
Either party may cancel this agreement at any time. The following obligations will survive the termination of
the Agreement for any reason: (a) indemnification; (b) obligations to make payments of amounts that
become due under this Agreement before termination; and (c) any other provision hereof where the context
of such provision indicates an intent that it shall survive the term or termination of this Agreement.
INTERRUPTION OF SERVICE.
Service may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations,
repairs and other similar activities necessary during the operation and upgrade of Service. No reduction of
payments will be made in the case of temporary interruption of Service. In no event shall Chase be liable for
any damages due to temporary interruption of Service.
Chase will not be liable for interruption or delays in transmission or errors or defects in transmission or
failure to transmit when caused by acts of God, fire, water, riots, terrorist acts, war, viruses, acts of
Government or any other causes beyond the reasonable control of Chase.
Because Subscriber will access the Service or Software over the public Internet, temporary disruptions of
network connectivity will occur from time to time. Internet traffic is usually routed through many different
Internet backbone providers on the way to its destination. Chase will not be liable for interruption or delays
in transmission or errors or defects in transmission or failure to transmit when caused by any Internet
backbone provider.
MISCELLANEOUS.
This Agreement constitutes the entire Agreement between Chase and Subscriber, and expressly supersedes
any prior or contemporaneous written or oral agreements between the parties regarding the subject matter
hereof, including without limitation any unilateral offer, purchase order or other similar instrument in
writing. This Agreement may not be amended, altered or changed except by a written agreement signed by
both parties.
In the event that any court having jurisdiction shall determine that any provision contained in the
Agreement is unreasonable or unenforceable in any respect, then such provision shall be deemed limited to
the extent that such court deems it reasonable and enforceable, and as so limited shall remain in full force
and effect. In the event that such court shall deem any such provision wholly unenforceable, the remaining
provisions of this Agreement shall nevertheless remain in full force and effect.
Subscriber's rights in this Agreement are personal and are not assignable. The Subscriber's user id is not
transferable. Notwithstanding the foregoing, Chase may assign or transfer its rights and obligations under
this Agreement to third parties.
This Agreement will be governed by and construed in accordance with Alabama law. The parties agree that
any claim, controversy or dispute arising out of or relating to this Agreement shall be settled by final and
arbitration to be conducted by an arbitration tribunal in Birmingham, Alabama in accordance with the
commercial arbitration rules of the American Arbitration Association, and the decision of the arbitrator(s)
shall be binding; provided that Chase may bring or defend an action (1) involving allegations of personal
injury to a third party, or (2) for injunctive or other equitable or extraordinary relief, in a court of law.
Subscriber agrees to be bound by the jurisdiction and venue of each state and federal court sitting in
Jefferson County, Alabama.
The remedies provided in this Agreement and otherwise at law or in equity are cumulative and not
exclusive. The failure by either party to exercise any right or remedy under this Agreement or otherwise
available at law or in equity will not be deemed a waiver of any subsequent right or remedy.
No person or entity who is not a party to this Agreement shall derive any rights whatsoever hereunder as a
third party beneficiary of this Agreement.
ACCEPTANCE.
The parties acknowledge that they have read the terms of use of this Agreement and hereby agree to be
bound by the terms thereof. This Agreement will become effective upon Subscriber's acceptance by
electronic acknowledgment on the Website. Each time Subscriber logs into the Service, Subscriber is
reaffirming continued acceptance of the Agreement and all amendments thereto.
If you do agree to be bound by the terms and conditions of this Agreement, you will be given specific, nonexclusive rights, listed above, to access, use, and copy online materials in Chase, subscription databases.
You can agree with this Agreement by checking the "I have read, understand, and agree to abide by the
Terms of Use" check box on one of various online forms required to gain access to the Service. All
subscribers created thereafter will also be required to agree in order to use the Service.
NON-ACCEPTANCE.
If you do not agree to be bound by the terms and conditions of this contract, you will not be allowed to open
an account with Chase, you will not be given access to any online subscription databases, and you will not
be allowed to use any materials in the subscription databases. You can disagree with this Agreement by
leaving the "I have read, understand, and agree to abide by the Terms of Use" check box unchecked on one
of various online forms required to gain access to the Service.
UNEXPRESSED RIGHTS.
Any rights not expressly granted herein are reserved.
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