Terms of service

Effective May 28, 2020

GRANTING OF RIGHTS AND RESTRICTIONS ON USE

  1. By accessing or using Trellis.law, you are entering into and agreeing to be bound by the terms of this Agreement.
  2. The terms and conditions listed herein govern use of the materials and online services (the "Online Services") available therein provided by Trellis Research, Inc ("Trellis"). The terms "you" and "your" in uppercase or lowercase shall mean the entity (e.g. company, corporation, partnership, sole proprietor, etc.) using the Online Services or entering into a Subscription Agreement with Trellis.
  3. You are granted a nonexclusive, nontransferable, limited right to access and use for research purposes the materials and online services made available to you.
    1. If you are not an Authorized User, you are not permitted to access or use the Online Services for any purpose whatsoever. If you nevertheless access and use the Online Services without authorization, you will be liable to Trellis for any breach of the General Terms and Conditions as well as for unauthorized access and payment for use at the rates in the applicable Price Schedule.
    2. You may not exploit the goodwill of Trellis, including its trademarks, service marks, or logos without the express written consent of Trellis. Additionally, under no circumstances may you or any Authorized User offer any part of the Online Services for commercial resale or commercial redistribution in any medium.
    3. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services in any medium belongs to Trellis or its third party providers. You do not acquire any proprietary interest in the Online Services, materials, or copies thereof, except the limited rights granted herein.
    4. You may not use the Online Services or Materials in any fashion that infringes the intellectual property rights or proprietary interests of Trellis or any third party. Your use of the Online Services must comply with all applicable laws, rules or regulations.
    5. You may not use information included in the Online Services to make any determination regarding an individual consumer's eligibility for:
      1. Credit or insurance for personal, family, or household purposes;
      2. Employment; or
      3. A government license or benefit.
      4. The term "consumer" is defined in the United States Fair Credit Reporting Act at 15 USC §1681.
    6. Other provisions that govern use of the Materials are set forth in the applicable Price Schedule, the Online Privacy Statement, the Public Records Privacy Statement, all of which are incorporated by reference into the Subscription Agreement.

ACCESS TO SERVICES

  1. For individual accounts, You agree that Trellis’s Online Services may only be used by You. You are responsible for all use of the Online Services including associated charges. You will use reasonable commercial efforts to prevent unauthorized use and will promptly notify Trellis, in writing, if you suspect that any other person or entity, is misusing or compromising the use of the Online Services.
    1. Use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
    2. To comply with local privacy, data protection and other laws, You may not access Trellis outside of the United States.
    3. The Online Services may be enhanced, added to, withdrawn, or otherwise changed by Trellis without notice.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

  1. A Covered Party as defined herein shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
    1. Any content, errors in or omissions from the Online Services available or not included therein.
    2. The unavailability or interruption of the Online Services.
    3. Your use of the Online Services.
    4. The loss or corruption of any data or equipment in connection with the Online Services.
    5. "Covered Party" means:
      1. Trellis and any officer, director, employee, subcontractor, agent, successor, or assign; and
      2. Each third party supplier of Materials, third party alliance entities, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or third party alliance entity or any of their affiliates.
    6. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE SUBSCRIPTION AGREEMENT EXCEED THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
    7. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR AUTHORIZED USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO UNICOURT OR ITS THIRD PARTY SUPPLIERS.
    8. The provisions above shall constitute your sole and exclusive remedy for any dispute with Trellis over the Online Services..
    9. EXCEPT AS HERETOFORE SPECIFICALLY STATED, THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, AND TRELLIS AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
      1. WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS;
      2. WARRANTIES THAT ACCESS TO THE ONLINE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE;
      3. WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE; AND
      4. WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF TRELLIS
    10. BY ACCESSING, BROWSING, OR USING THE ONLINE SERVICES AND MATERIALS, YOU ACKNOWLEDGE THAT:
    11. PROVISION OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA;
      1. THE ONLINE SERVICES MAY NOT SATISFY YOUR REQUIREMENTS;
    12. IN NO EVENT SHALL TRELLIS BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR:
      1. INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THE ONLINE SERVICES, WHETHER OR NOT TRELLIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE;
      2. ANY CLAIM RELATING IN ANY WAY TO YOUR INABILITY OR FAILURE TO PERFORM RESEARCH OR OTHER WORK OR TO PERFORM SUCH RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY TRELLIS;
      3. ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE AVAILABILITY OF OR INFORMATION MADE AVAILABLE THROUGH TRELLIS.

MISCELLANEOUS

  1. These General Terms and Conditions may be changed from time to time as described herein or upon notice to you. If any changes are made to the Subscription Agreement, such changes will:
    1. Only be applied prospectively; and
    2. Be all similarly situated UniCourt customers using the Online Services. You may terminate the Subscription Agreement upon written notice to Trellis if any change to these General Terms and Conditions is unacceptable to You. For termination to be effective, written notice of termination must be provided to Trellis within 30 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change but does not affect the foregoing termination right. Except as provided herein, the Subscription Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties.
    3. You or Trellis may terminate the Subscription Agreement upon the expiration of the Initial Period by providing written notice to the other party thirty days (30) prior to the beginning of the Renewal Period. Trellis may temporarily suspend or discontinue providing access to the Online Services to any users in breach of the Subscription Agreement without notice and may pursue any other legal remedies available to it.
    4. All notices and other communications herein shall be in writing or displayed electronically in the Online Services. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Legal notices to Trellis should be sent to: Trellis Research, 2856 Colorado Ave, Santa Monica 90404
    5. The failure of You, Trellis, or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
    6. The Subscription Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns.
    7. If You failure to properly secure Your access to the Online Services, and this results in an unauthorized or illegal use of said services and materials, then the following provisions will apply:
      1. You will be solely liable for all claims that may arise from the unauthorized event caused by You and you will indemnify Trellis for any third party claims directed against Trellis that arise from the unauthorized event; and
      2. All notifications and indemnity claims related to the unauthorized event will be solely at your expense.
    8. The Subscription Agreement shall be governed by and construed in accordance with the laws of the State of California regardless of the law that might otherwise apply under applicable principles of conflicts of law. All parties consent to the state courts of California, located in Los Angeles, California as the appropriate jurisdiction and venue for any action arising out of or related to the interpretation and/or enforcement of the Subscription Agreement.
    9. The Subscription Agreement shall be enforced to the fullest extent permitted by applicable law. If any provision of the Subscription Agreement is held to be invalid or unenforceable to any extent, then:
    10. Such provision shall be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent, and
    11. Such invalidity or unenforceability shall not affect any other provision of the Subscription Agreement.
    12. The Subscription Agreement constitutes the entire agreement of the parties, its shareholders, officers, directors, employees and assigns with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter between the same.

CANCELLATION AND REFUND POLICY

At Trellis, we aim to be upfront and transparent which is why we would like to make you aware of our cancellation and refund policy. The terms of our cancellation and refund policy include the following:

  1. Your subscription will automatically renew (for the same term) unless you cancel your subscription prior to renewal;
  2. You will be automatically charged for your subscription upon renewal;
  3. If you cancel your subscription, you’ll enjoy Professional benefits until the end of your then-current subscription term; your subscription will not be renewed after that term expires;
  4. We do not provide refunds, nor are you entitled to any;
  5. If you incur charges for our services, you agree to pay them.

By using our services, you acknowledge and agree with this Cancellation Policy and Refund Policy and our Terms of Service, Privacy Policy and Public Records Policy. If you do not agree with these terms, then do not use our services. In the event of a dispute with us, this and our Terms of Service Cancellation and Refund Policy will control.