1 - Clients of CourtList Marketing must have a valid credit card through: American Express, Visa, Mastercard or Discover. Information will be kept in a secured site. Customer agrees to maintain credit card information on file that is valid and holds sufficient available credit to handle charges. An alternative credit card should be supplied in the event of declination. CourtList Marketing reserves the right to immediately suspend any account and orders once a credit card is declined. All credit card declinations may result in additional processing fee of $25.00.
2 - Customer acknowledges that once an account or order is terminated, court availability may not exist upon a request to resume customer relations. Invalid and/or declined credit cards will terminate transactions, but transactions will resume upon the providing of valid credit information. Members will be notified by e-mail or direct phone call of any declination of credit card processing. Alternative arrangements for payment may be acceptable on a temporary basis.
3 - Users of CourtList Marketing. and purchasers of informational data acknowledge and understand that technical difficulties may arise. CourtList Marketing cannot guarantee the production of informational data on a daily basis due to the potential technical difficulties. However, users and purchasers of the informational data of CourtList Marketing agree and maintain a valid e-mail address. Unless other notified in e-mail CourtList Marketing will continue to receive informational data and will be responsible for the charges associated with the same. Customers may from time to time place their account on an inactive status. While on inactive status, customers' courts shall remain reserved for their future usage. The length and duration of an inactive status request will be analyzed on a case by case basis. CourtList Marketing cannot guarantee that request for inactive status will be honored on every occasion. While on an inactive status customers' Courts shall remain reserved for their future usage. Customer understands that monthly membership fees will be assessed during their inactive status. Customers must give at least seven (7) days notice of their intent to be placed on an inactive status. Customer understands that without the required seven (7) days notice or approval of request for inactive status the Courts will immediately become available to other prospective CourtList Marketing clients.
4 - Orders for New Jersey Municipal Court data will be processed Monday through Friday. Orders for any other data will be processed the same day it becomes available. This may be on a daily or weekly basis.
5 - Upon becoming a customer of CourtList Marketing the Customer will provided with a log on password (which he/she may select). Customer will receive by e-mail their informational data in a comma - delimited text file format. The file will contain descriptive column headers. Customer agrees and understands that they are totally responsible for the installation of the software and hardware necessary for downloading and processing their data. E-mail will be forwarded daily identifying the informational data and the number of individual items.
Should email transmission fail, data may be received and downloaded by going to www.courtlist.com, logging in with the provided password and scrolling down to "DOWNLOAD PRIOR FILES".
6 - Customer agrees that the informational data purchased from CourtList Marketing are for the exclusive use of the purchaser and may not be sold, given or transferred or otherwise utilized by anyone other than the purchaser. Any violation of these terms will result in the immediate termination and cancellation of purchaser's membership with CourtList Marketing and their immediate removal from the CourtList Marketing database. Violation may also result in civil penalties.
7 - Removal, reduction and or cancellation of a prior order can only be accomplished by contacting Sales/Marketing, 1326 Central Avenue, Glendora, NJ 08029, 1-800-318-1640 / 1-856-939-2326 (phone), (856) 939-1500 (fax). CourtList Marketing maintains a waiting list of customers wishing to purchase all Courts. As such customers agree to allow up to 72 hours for renewal of cancellation requests to become effective during this time they are responsible for any names transmitted.
8 - Requests for additional Courts, products and/or informational data can be performed by contacting Sales/Marketing, 1326 Central Avenue, Glendora, NJ 08029, 1-800-318-1640 / 1-856-939-2326 (phone), (856) 939-1500 (fax).
9 - Clients of CourtList Marketing agree to an initial set up fee and a monthly membership fee in addition to their charge for informational data as an automatic debit against the credit card provided on the first of each month. CourtList Marketing reserves the right to change set up fee and/or monthly membership fee at any time and will notify purchasers in advance.
Disclaimer
Users of CourtList Marketing which includes any and all purchasers agree and understand the following:
1 - CourtList Marketing cannot offer legal advice of any type;
2 - If user is an attorney or any other professional, user must comply with his/her professional and ethical rules especially with respect to targeted advertisement. CourtList Marketing does not warrant delivery by the U.S. Post Office. New Jersey attorneys are urged to thoroughly review New Jersey ethics Opinions on Attorney Advertising by using:
www.LawLibrary.Rutgers.edu/ethics/search.shtml
This site contains full text Opinion 29.
3 - CourtList Marketing offers no warranties, guarantees and makes no representation that informational data provided will produce clients. The production of information is based upon factors outside the control of CourtList Marketing including but not limited to: nature of advertisement, ability of user to follow up, ability of user to handle incoming phone calls, user's fees charged to prospective clients, promptness of user on acting upon informational data.
4 - Users of CourtList Marketing and purchasers of informational data acknowledge and understand that technical difficulties may arise. CourtList Marketing cannot guarantee the production of informational data on a daily basis due to potential technical difficulties. However, users and purchasers of the informational data of CourtList Marketing agree and maintain a valid e-mail address. Unless otherwise notified in e-mail CourtList Marketing will assume that every email forwarded has been successfully transmitted.
5 - Users and purchaser of informational data at CourtList Marketing acknowledge, agree and understand that informational data are obtained from public records as such accuracy of addresses of individual informational data depends upon many factors outside of CourtList Marketing's control including but not limited to: source of public records, individuals entering data into public records, individual informational data providing accurate and correct information to public officials. CourtList Marketing only warrants that the informational data is not modified, alter or changed from original Court record.
6 - Customer acknowledges that CourtList Marketing provides a service of efficient and expedient collection and transmission of data obtained from government and/or Court service, unaltered, and unmodified from the price for which is based upon a name/address unit. CourtList Marketing DOES NOT SELL names and addresses, it provides aforesaid service.
7 - Customer acknowledges and understands that CourtList Marketing does not and cannot guarantee the accuracy of the data transmitted, including but not limited to addresses supplied. Customer understands that the price of the service already considers all matters including possible returns or undeliverable mailers.
8 - Customer acknowledges, agrees and understands that CourtList Marketing supplies data/leads which are of a unique nature and may not be available through any other source or company which pulls data based only on the criteria of "recently issued"
violations. This data also identifies individuals who are in emergent need of legal assistance. This data may not be offered through any other source. It is a unique process that has the potential of producing valuable business. Customer acknowledges and understands that in the process of obtaining such valuable data/leads duplication may occasionally occur. Customer acknowledges and understands that the price for services already takes into consideration this factor.
9 - Customer acknowledges and understands that CourtList.com/CourtList Marketing cannot guarantee results, as the ability to increase one's business/caseload may rest upon factors totally outside of the control of CourtList including but not limited to: properly addressed advertisement, pricing policies, ability to handle incoming phone calls both during and after hours.
OTHER TERMS AND CONDITIONS
1 - Acceptance of terms of membership: Customer acknowledges that the request and receipt of any informational data constitutes full acceptances of all terms set forth in the Membership Agreement.
2 - Disputes: Customer agrees that any and all disputes with the exception of delinquent balances due shall be submitted to the American Arbitration Association only, by way of a binding, non appealable hearing conducted by a mutually agreeable panel of two arbitrators. Each party is responsible for his/her own litigation expenses. Disputes are to be first submitted in writing by certified mail
to: 1326 Central Avenue, Glendora, NJ 08029, c/o Management. In the event said dispute is not resolved within 30 days from the date of submission either party may initiate a demand for Arbitration of this dispute by requesting the same through the American Arbitration Association, 220 Davidson Avenue, Floor 1, Somerset, NJ 08873-4159. Damages are limited to costs paid by the customer for the services that are in dispute. Costs are defined as prices charged by CourtList Marketing. Arbitration shall cover any and all disputes with the exception of collections, including but not limited to: duplication complaints, returned mail complaints, non-delivered data complaints, fees charged complaints, refunds.
Collections are not covered by this Arbitration requirement and may be litigated in any Court having proper jurisdiction. Should collection efforts become necessary customer shall be responsible for all litigation costs and attorney fees resulting from said collection effort.
BY RECEIVING INFORMATIONAL DATA PROVIDED BY COURTLIST.COM., INC. ON A DAILY BASIS OR AS OTHERWISE TRANSMITTED - THE CUSTOMER AGREES TO THE TERMS AND CONDITIONS HEREINABOVE SET FORTH. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT TERMS AND CONDITIONS MAY BE CHANGED OR NULLIFIED WITHOUT NOTICE AND AS SUCH IT IS THE CUSTOMER'S RESPONSIBILITY TO FREQUENTLY IF NOT DAILY CHECK IN WITH THIS WEBSITE FOR ANY CHANGES OR MODIFICATIONS WHICH MAY HAVE OCCURRED. THE CUSTOMER UNDERSTANDS THAT THIS CONTRACT IS A DAILY AND RENEWING CONTRACT. AS SUCH EACH DAY A CUSTOMER RECEIVES DATA AND USES THE SAME HE/SHE AGREES TO THE TERMS AND CONDITIONS SET FORTH HEREINABOVE.
