1. Guarantee of Service.
1.1 Satisfaction Guarantee.
The purpose of this website is for legal research and to get timely updates of legal filings. We make every effort to ensure accurate delivery of documents and alerts. If a document does not exist in our database, but should, we will refund any fees associated with finding the document. Further, if you have an alert properly setup and it does not trigger an email alert, Docket Alarm will refund any fees associated with the alert during the time period it was not running properly, up to one month.
All refunds are contingent on being promptly notified of the issue and any issue not being resolved promptly. For example, if you have trouble finding a document, but after speaking with support we are able to promptly locate it for you, then we will not refund any research fees. We may also be unable to refund PACER fees that are incurred under the Flat Rate accounts.
1.2 Other Guarantees.
We rely on various technologies and therefore limit our guarantee of service. Docket Alarm relies on the following technologies: court docketing systems (e.g., PACER, EDIS, PRPS, and others), Google App Engine, godaddy.com registrar, and underlying network infrastructure. Docket Alarm cannot be held responsible for the failure of any of these or similar systems.
2. Account Fees.
2.1 Account Types.
Docket Alarm provides several account types:
- Pay-as-You-Go: Under the pay as you go plan, there are no recurring monthly fees. Users only pay a transactional fee for each operation performed on Docket Alarm. These fees are outlined on our pricing page.
- Flat Rate: Under the flat rate plan, users pay a monthly rate to Docket Alarm. In addition, your account may incur government PACER fees (see 2.2 below).
- API: Unless otherwise agreed, accounts which utilize the API are billed similarly to Flat Rate account types, except the monthly fee may differ depending on usage. Please contact us if you are interested in API pricing.
2.2 Government Access Fees.
For certain courts (namely Federal District courts, Federal Circuit courts and some specialized courts such as the International Trade court), Docket Alarm utilizes the PACER docketing system to obtain court documents and other information. PACER charges fees for access, and under the Flat Rate plan, Docket Alarm passes these fees on to its users without markup.
For documents, PACER fees are $0.10/page, up to $3.00 for accessing each document. So for example, a 6 page documet will incur $0.60 of PACER fees and a 50 page document will incur $3.00 of PACER fees. For transcripts however, the $3.00 cap on fees does not apply. Docket Alarm only charges PACER fees if it has not previously obtained the document and stored it in its database. Thus, if you access a document twice, only the first access incurs a PACER fee.
Updating and tracking a case docket also costs $0.10 to $3.00 in PACER fees depending on the length of the docket.
3. Abuse and Unintended Uses.
If we detect that our service is being used for spam, harassment, abuse or any other purpose other than the intended purpose, we reserve the right to terminate your account without refund and seek all available civil and criminal remedies.
3.2 The Fair Credit Reporting Act.
Docket Alarm is not a consumer reporting agency. Therefore, under the rules of The Fair Credit Reporting Act (15 U.S.C sec 1681), you may not use information from this website to determine an individual's eligibility for (A) credit or insurance to be used primarily for personal, family, or household purposes or (B) employment purposes.
Any use of datascrapers on this website is strictly prohibited. A "datascraper" is any tool or process which systematically copies our database from our website. It typically refers to automated computer-based tools but may also include human-based datascraping as well. Webcrawlers may index our website for the purpose of providing generalized web-search functions (e.g., Google and yahoo web search). Webcrawlers may not index our website to create any legal database or court filing search application.
API users are the exception. Those who utilize the Docket Alarm API may programatically and systematically access Docket Alarm's database.
3.4 No Sharing of User Accounts.
Each subscription is intended for a single user only. If you are a subscriber to Docket Alarm, under either a paid subscription or a free trial account, you may not share your account username or password or otherwise give access to anyone else. You may forward the email alerts that you receive occasionally, but may not do so on a systematic basis. For example, to set a Docket Alarm alert to be sent to a list with multiple users, each user on the list must be a Docket Alarm subscriber.
Docket Alarm reserves the right to set a minimum number of seats if it believes that multiple accounts are being shared or if an organization is large enough to warrant a multi-seat license.
Again, API users are the exception. Those who utilize the Docket Alarm API may access Docket Alarm's database on behalf of multiple users.
3.5 Permitted Uses.
Notwithstanding Sections 3.1 to 3.4, you are granted a non-exclusive, non-transferable, revocable license to:
- (a) access and use the website in accordance with this Agreement;
- (b) use the website for internal and personal purposes; and
- (c) print out discrete information from the website for internal and personal purposes and provided that you maintain all copyright and other policies contained therein.
You may not otherwise copy, print display, distribute, or make available any portion of the website or any information, materials or documents contained therein.
"http://ocr.docketalarm.com" and "Docket Alarm" and others are our marks. Other product and company names mentioned on the website may be trademarks of their respective owners.
Brand names and other marks featured or referred to within Docket Alarm's products and services and within http://ocr.docketalarm.com are the properties of their respective trademark and service mark holders. These trademark and service mark holders are not affiliated with Docket Alarm, our products, or our services, and they do not sponsor or endorse our materials.
Docket Alarm uses credit card icons by iconshock.
5. Billing and Refunds.
5.1 Billing Regularity.
Docket Alarm bills every month starting on the day that you first create your account. We reserve the right to bill more regularly for new accounts, on request, or if we see suspicious activity on an account.
Docket Alarm reserves the right to charge Flat Rate and Pay-As-You-Go customer's card whenever their account balance reaches $100 of fees, and $800 for API customers.
5.2 Credit Card Failures
If a credit card payment is rejected, Docket Alarm reserves the right to immediately disable access to Docket Alarm.
No commitment! We really mean it! If you want to cancel your account, just remove your credit card. Billing will stop immediately, however, we may still charge your card for past purchases.
API users also do not have a commitment, but must notify us 45 days in advance of their intent to cancel their plan.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Docket Alarm's LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 OR THE AMOUNT PAID FOR Docket Alarm'S SERVICES, WHICHEVER IS GREATER.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior agreements, representations, and warranties with respect to the website. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the website, and you should review this Agreement prior to using the website.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any dispute between the parties arising out of the enforcement of this Agreement or any breach of this Agreement shall be brought exclusively in the state or federal courts of New York County, New York.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.