LEGAL DATA COLLECTION SERVICES, LLC TERMS AND CONDITIONS
The The following terms and conditions for LEGAL DATA COLLECTION SERVICES, LLC
(hereinafter “Agreement”) is a legal agreement between you (either individually
or an entity) and LEGAL DATA COLLECTION SERVICES, LLC (hereinafter “LDCS”) for
LDCS Services (hereinafter “Services”). LDCS Services include the collection and
distribution of certain Wisconsin circuit court case data as described and
agreed between you and LDCS. You may only receive the Services if you are a
Service subscriber in good standing with a valid, authorized credit card on file
with LDCS. If you do not agree to the terms of this Agreement, do not purchase
or use the Services. YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT
YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS.
1. Payment & Services
LDCS Services include the collection and distribution of certain Wisconsin
circuit court data as agreed between you and LDCS. You agree to pay LDCS the
applicable monthly service charges for your use of the Services using a valid
credit or debit card in accordance with the billing terms and prices in effect
at the time the fee or charge becomes payable. You authorize LDCS to
automatically bill the charge card you provide on each applicable subscription
period renewal date until you cancel the Services. Payments are billed in
advance at the beginning of the applicable subscription period. By agreeing to
the terms and conditions herein, you authorize LDCS to charge your monthly
recurring bill to your designated credit or debit card and all credit or debit
cards that are added to your account in the future. It is your sole
responsibility to pay the monthly subscription fee. It is your responsibility to
have a working e-mail address on file at all times with LDCS for notification.
You must pay your monthly service fee by credit or debit card (MasterCard, Visa,
or American Express). REFUND POLICY All payments are completely non-refundable.
You may cancel the Services at any time, but LDCS will not refund any remaining
portion of your subscription fees, including any minimum commitments, already
billed to your account. You agree to provide LDCS with a valid credit or debit
card and accurate, complete and updated information required by the subscription
registration form. Failure to comply may result in the immediate termination of
Services. PAYMENT METHOD LDCS accepts credit and debit cards as forms of
payment. LDCS may obtain a pre-approval from the credit or debit card company
for an amount up to the amount of the order. Please check with your bank
regarding any policies they have concerning online purchases. If a purchase has
been declined online due to credit or debit card issues, please check with your
bank.
2. Right to Cancel Services
You may cancel the Services at any time. You will not receive any refund or
partial refund for any charges already billed to your account. In the event you
signed up for a minimum commitment period, you will be responsible for all
charges for the entire minimum commitment period. You may cancel the Services by
contacting LDCS Customer Support info@LDCservices.com please include: (1) your
request to cancel your LDCS subscription; (2) your LDCS account email address;
and (3) your reason for canceling. We may ask you to provide us with certain
other information for security and verification purposes. You further understand
and agree that cancellation of your subscription is your sole right and remedy
with respect to any dispute with LDCS. This includes, but is not limited to, any
dispute related to, or arising out of: (1) any term of this Agreement or LDCS's
enforcement or application of this Agreement; (2) any policy or practice of LDCS
including any LDCS Privacy Policy, or LDCS's enforcement or application of these
policies; (3) your ability to access and/or use the Services; or (4) the amount
or type of fees, applicable taxes, billing methods, or any change to the fees,
applicable taxes, or billing methods.
3. LDCS's Right to Terminate or Modify Services
LDCS may modify the terms of this Agreement or the Services, including but not
limited to the price, content or nature of the Services, upon notice to you. In
the event LDCS modifies the Agreement or the Services, you may terminate the
Services. LDCS may terminate this Agreement and any Services at any time upon
notice to you, provided that you will be entitled to receive the Services for
any period for which you have already paid, or a pro-rata refund at LDCS’s sole
discretion. LDCS may provide notice by e-mail or by publishing the changes on
its website. This Agreement will automatically terminate if you fail to comply
with any term. No notice shall be required from LDCS to effect such termination.
Your obligation to pay accrued charges and fees shall survive any termination of
this Agreement.
4. Service Use Restrictions/No Resale of Service
You agree that you shall only use the Services in a manner that complies with all
applicable laws in the jurisdictions in which you use the Services, including,
but not limited to, applicable restrictions concerning copyright and other
intellectual property rights. You expressly agree that you may not: (i) permit
other individuals or entities to use the Services; (ii) modify, translate,
distribute or create derivative works of the Services; and (iii) rent, lease,
transfer, or otherwise transfer rights to the Services. You may only use the
Services for your private use. You may not use the Services in any way to
provide, or as part of, as any commercial service or application. You are
strictly prohibited from sharing, reselling or otherwise distributing the data
received by way of the Services to any other person, entity or third party. In
addition to any other remedies available in equity or law to LDCS and LDCS's
Content suppliers, failure to comply with any of the terms and conditions in
this Section 4, Service Use Restrictions, shall immediately terminate your
license to the Content and the Services, and you shall be liable to LDCS for
liquidated damages in the amount of $5,000 for each and every occurrence in
which you violate this section. You shall also be liable to LDCS for actual
attorney fees and costs necessary to enforce the provisions of Section 4 of this
Agreement.
5. Personal Information and Privacy
Personal information you provide to LDCS is governed by the LDCS Privacy Policy
at http://www.LDCS.com. Your election to use the Services indicates your
acceptance of the terms of the LDCS Privacy Policy, so please review it
carefully if you have any questions about LDCS's treatment of personal
information you provide to us. You are responsible for all activities that occur
in your account and you agree to notify LDCS immediately of any unauthorized
account use. LDCS is in no way responsible for any loss that you may incur as a
result of any unauthorized use of your account.
6. E-mail Notification
To inform you of new Content and Services, LDCS will send you e-mail describing
the latest Content and how to get access to the Content. You agree that as a
Service subscriber, LDCS may send you such e-mail to the address you provide.
Because this e-mail is necessary for you to receive the Services, you will
receive this e-mail even if you have opted out of receiving other e-mail from
LDCS If you do not want to receive this e-mail, you may cancel the Services at
any time as provided in this Agreement.
7. Warranties and Disclaimers/Limitation of Liability
All Services are comprised of information from third party information providers.
As such, there is no guaranty that such information is accurate, and therefore
all information is provided on an “as is” basis. LDCS MAKES NO REPRESENTATIONS
ABOUT THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT ASSOCIATED WITH
THE SERVICE, OR THE SUITABILITY OF THE CONTENT. ALL SUCH MATERIALS ARE PROVIDED
“AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LDCS SPECIFICALLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. LDCS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, FOR YOUR ACTION OR
INACTION IN CONNECTION WITH THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR
OWN RISK. IN NO EVENT SHALL EITHER LDCS, ITS OFFICERS, DIRECTORS, AFFILIATES OR
AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE
SERVICES, THE MATERIALS IN THE SERVICES, YOUR PURCHASE OF SERVICES, THE DELAY OR
INABILITY TO USE THE SERVICES OR OTHERWISE ARISING IN CONNECTION WITH THE
SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. LDCS shall not be liable for
indirect, incidental, special, punitive, or consequential damages arising from
or related to the Service, regardless of the legal theory under which such
liability is asserted, and regardless of whether LDCS has been advised of the
possibility of such liability, loss, or damage. Further, in any event, if there
should be liability for any reason whatsoever, the Customer’s right to damages
hereunder shall be limited to any amount not exceeding one month’s payment for
the service.
8. Indemnity and Hold Harmless
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LDCS, ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND ALL OTHER PARTNERS, FROM ANY CLAIM,
DEMAND, LIABILITY, LOSS OR EXPENSE INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY
ANY THIRD PARTY DUE TO, OR ARISING OUT OF, THE USE/PURCHASE OF LDCS SERVICES OR
ANY INFORMATION SEARCHED OR OBTAINED THROUGH LDCS SERVICES.
9. General Disclaimer
You agree that no joint venture, partnership, employment or agency relationship
exists between you and LDCS as a result of this agreement. Users should consult
state and federal laws before using any information retrieved through an LDCS
Services in making decisions on hiring or firing of employees. LDCS cannot and
does not offer legal advice on how to use the information contained in its
products and services, and is not responsible for any action taken by the
customer based on this information. LDCS assumes no liability for any claims for
damages arising from the use of any of its data beyond the actual cost of the
product purchased or service performed. Should any part of this Agreement become
invalid or unenforceable the remaining provisions shall be interpreted so as to
give the greatest effect possible thereto. LDCS shall not be liable for any
failure of performance due to causes beyond its control, including, but not
limited to, acts of God, fires, floods, or other catastrophes, national
emergencies, insurrections, riots, wars, strikes, lockouts, carrier error, or
other difficulties; and any law, order, regulation, or other action of any
governing authority or agency thereof.
10. Jurisdiction
You agree this Agreement is governed by the laws of the State of Wisconsin,
U.S.A. You hereby consent to the exclusive jurisdiction and venue of the courts
in the county of Washington, State of Wisconsin, U.S.A. in all disputes arising
out of, relating to, or concerning the Services and/or this Agreement.
PRIVACY NOTICE
This privacy notice discloses the privacy practices for www.ldcservices.com . This privacy notice applies solely to information collected by this web site. It will notify you of the following:
Registration
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
Orders
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
Unless you ask us not to, we will contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Cookies
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
Links
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 414 897-4524 or via email info@lcdservices.com .