Thank you (“Client”, “you” or “your”) for choosing AdvancedONE Legal (“AdvancedOne”, “our”, “us”, or “we) for your court reporting needs. The Service Link Platform (the “Platform”) allows you to, among other things, schedule depositions, manage your deposition calendar, make payments, access deposition transcripts (video or written) and related case information and materials at any time, from any place with an internet connection.
If you have any questions about the Platform, please contact us at firstname.lastname@example.org or 866.885.8086.
- Authorized Users and Access to the Platform. Access to the Platform is limited to “Authorized Users” who have registered with us to create an “Account”. You, as an Authorized User, are responsible for maintaining the confidentiality and security of your Account, including user name and password. You agree to contact us immediately in the event of any security breach or unauthorized use of your Account. You represent and warrant to us that all information you provide to us in connection with Account registration is true and accurate and that you are at least 18 years of age. AdvancedOne grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use and access the Platform. Your access to the Platform should be limited to a specific case(s) that you are involved with. If for any reason, you able to access any case(s) other than your own, please let us know immediately. We may terminate your access to the Platform at any time for any reason.
- Hosting the Platform. You acknowledge that the Platform may be hosted provided by a third party cloud provider (the “Platform Provider”). AdvancedOne is not responsible for the acts or omissions of the Platform Provider.
- Changes to the Platform. We reserve the right to improve, enhance, modify, or discontinue features or functionality of the Platform on a periodic basis (collectively, “Modifications”). We will endeavor to minimize the impact of any Modifications on you, and will provide notice to you through the Platform if the Modifications will materially affect the manner in which you use the Platform or the manner in which the Platform operates or performs.
- Security. We will maintain commercially reasonable security measures in providing the Platform to you. We reserve the right to suspend access to the Platform in the event of a suspected or actual security breach. However, no security system is foolproof. We are not liable for any damages incurred by you in connection with any unauthorized access resulting from the actions or inactions of you, any Authorized User, or any third-party other than our employees or representatives.
- Third Party Resources. the Platform may permit you to link to third-party software, third-party technology and/or provide links to third party websites, content, or resources (“Third Party Resources”). We are not responsible for the contents of any Third Party Resources, or any changes or updates to such Third Party Resources. Usage of Third Party Resources may be subject to the terms and conditions established by the relevant third party. AdvancedOne shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any Third Party Resources.
- Intellectual Property. The Platform and all of its enhancements, upgrades, modifications, customizations, derivative works, selections, algorithms, compilations, aggregations, source code and/or object code, and copies thereof, and all information, methods, processes and all intellectual property contained therein (collectively, the “AdvancedOne Intellectual Property”) are and will remain the property of AdvancedOne. AdvancedOne has and will retain exclusive right and title to, and has all patent, copyright, trademark, trade secret and all other intellectual property rights in and to the AdvancedOne Intellectual Property. Nothing in this Agreement will be construed as transferring any aspects of such rights to you with the exception of your limited right to use and access the Platform. AdvancedOne shall have the right to register patents, trademarks and copyrights related to the Platform with any governmental authority anywhere in the world.
- Use of the Platform. You and your authorized Users will access and use the Platform for your legitimate business purposes only, and all uses shall be in accordance with this Agreement and applicable law. Usernames and passwords may not be transferred or shared by more than one User. You shall use commercially reasonable efforts to maintain internet, hardware, software, and related systems at or above the industry standard requirements. You will promptly notify AdvancedOne immediately of: (i) any unauthorized access or use; (ii) if any Account information is lost or stolen; or (iii) if you become aware of any violation of these Terms by an Authorized User. You are responsible for configuring your information technology, computer programs and platform in order to access the Platform. You should use your own virus protection software. You may introduce viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Platform.
- Case Information. You are solely responsible for all Case Information accessed or downloaded from the Platform. You represent and warrant that you have the necessary rights, licenses, consents and permissions to review, access, download or otherwise use all Case Information. Note that the Case Information may contain personally identifiable information (“PII”) and/or protected health information “PHI”). It is your obligation to comply with all applicable laws related to the handling of PII and/or PHI. Case Information means all electronic data, information, and other content that (i) has been uploaded to the Platform, (ii) has been generated, collected, stored or processed for through the Platform or (iii) is otherwise accessed by you on the Platform. Case Information includes, without limitation, deposition transcripts, whether written or video.
- Except as expressly permitted by these Terms, you shall not, and you agree not to authorize, encourage, or permit any third party to: (a) modify, adapt, alter, translate, or create derivative works from the Platform; (b) assign, lease, rent, loan, or otherwise transfer the Platform; (c) use any analytics, data, content, or other output created by or from the Platform on behalf of, or to perform any services for, any third party) or include such analytics, data, content or other output in any services or products provided by you to any third party; (d) reverse engineer, decompile, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the Platform, including without limitation, any such mechanism used to restrict or control the functionality of the Platform or its authorized users or (ii) to derive the source code or the underlying ideas, algorithms, structure or organization from the Platform; (e) remove, modify or obscure any proprietary notices within the Platform; or (f) provide access to the Platform to any person or entity that engages in illegal or deceptive trade practices or any other practices proscribed under applicable law.
- Monitoring. AdvancedOne reserves the right to record, monitor or audit activities occurring through or involving the Platform and/or investigate any allegation that any activity occurring through or involving the Platform does not conform to these Terms and applicable laws. You shall not unreasonably hinder such monitoring or audit, and shall provide such information related to the Platform usage as is reasonably requested by AdvancedOne and necessary to confirm conformance to these Terms.
- Electronic Communications. When you use the Platform or send us e-mails and other communications from your desktop, laptop or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages from the Platform, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Disclaimer Of Warranties. We do not guarantee, represent or warrant that your use of the Platform will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Platform is at your sole risk. the Platform is provided “as is” and “as available”, without any representations or warranties, either express or implied. We disclaim all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. Nothing in the Platform is intended to create an attorney-client relationship, or provide legal advice to you.
- Limitation of Liability. To the extent permitted by law, in no event shall AdvancedOne, our parents, subsidiaries, successors and assigns, and each of ours and their respective directors, officers, employees, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Platform. Our maximum liability for your use of the Platform is equal to the fees paid by you to us for the one (1) year prior to any claim arising.
- Arbitration, Venue and Jurisdiction. These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to otherwise applicable principles of conflicts of law. Any dispute related to these Terms or your use of the Platform shall be submitted solely to arbitration before JAMS in its Philadelphia, Pennsylvania office. You and us submit exclusively to such jurisdiction and venue. Judgments may be enforced in any court in the world having jurisdiction over such matters.
- Entire Agreement. These Terms are complete and reflect the entire agreement between us and you with respect to its subject matter, and supersedes all previous written or oral negotiations, commitments and writings. No promises, representations, understandings, warranties and agreements have been made by any of the parties except as expressly referred to herein. No modification or amendment of this Terms shall be valid unless in writing signed by an authorized representative of each of us and you.
Last Updated: September 3, 2020