AACER® is comprised of various Web pages and databases operated by Epiq Systems, Inc. dba "Jupiter eSources" ("JeS")
AACER is offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. By accessing, viewing or using any page or component of AACER you agree to be legally bound to these Terms of Use, to the same extent as if executing a valid and enforceable written contract with JeS.
You may only use AACER in accordance with these Terms of Use (the "Terms"), and any executed services agreement (the "Company Agreement") or any nondisclosure agreement, in each case, between you or your company and JeS. As between you and Jes and as related to your use of AACER, if a provision of these Terms of Use Agreement conflicts with a provision in the Company Agreement, the provision in these Terms of Use will control.
All materials provided, available or generated by this Web Site, including, but not limited to information, documents, reports, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided or generated either by JeS or by their respective third party manufacturers, authors, developers, and vendors ("Third Party Providers") and are the copyrighted work of JeS and/or its Third Party Providers. Except as expressly stated herein, none of the Materials may be copied, sold, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of JeS or the Third Party Provider.
You may not "mirror" any Materials contained on this Web Site on any other server without JeS's prior express written permission. You may not access or use AACER or any Materials in any manner that could damage, disable, overburden, or impair any JeS server, or the network(s) or system(s) connected to any JeS server, or interfere with any other party's use and enjoyment of AACER or any products or services provided by JeS. Any use of direct or indirect automated searches or data queries with respect to AACER or the Materials is strictly prohibited without JeS’s prior written consent. You may not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any JeS server or network or to AACER or any of the Materials, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available through this Web Site.
Except where expressly provided otherwise by JeS, nothing on this web site shall be construed to confer any license under any of JeS's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by JeS. JeS does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by JeS.
JeS hereby grants you permission to display, copy, distribute and download JeS's Materials that are available on this Web Site provided that: (1) the use of such Materials is solely for internal business purposes and informational use only, and unless specifically agreed to in writing by JeS, will not be broadcast in any media, resold or sublicensed, or used for commercial gain; and (2) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
JeS may control access to AACER by authenticating unique user names and passwords assigned by JeS to you, by recognizing and validating that your IP address is within an authorized range, or by any other means that JeS may implement. You shall not, except as is strictly necessary for your company in utilizing AACER, disclose your assigned user name or password to anyone. You shall not otherwise circumvent or attempt to circumvent any access restrictions or controls through hacking or other means. You will notify JeS immediately of any known or suspected unauthorized or improper use of AACER.
JeS reserves the right, in its sole discretion, to terminate your access to AACER and the related services or any portion thereof at any time, without notice.
JeS, its affiliates and their licensors reserve their entire right, title and interest in and to AACER and the Epiq Marks. These Terms of Use do not grant you any right or license with respect to AACER or the Epiq Marks except to the minimum extent necessary to use AACER as permitted by these Terms of Use.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
This Web Site is not a court web site. This Web Site is provided, maintained and operated by JeS and is not the web site of the United States Bankruptcy Court. While every attempt is being made to assure the accuracy of the information contained on this Web Site and the Material is the functional equivalent of the dockets shown on the web site of the United States Bankruptcy Court, this Web Site is not the official Court record.
The information presented on or through the Web Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. JeS disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by JeS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of JeS. JeS is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Web Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. JeS has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Web Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You agree that no data transferred, uploaded or made available to JeS through this Web Site (or otherwise delivered to JeS during the performance of its services), or any work product derived from such data ("Customer Data") and downloaded, printed or otherwise obtained from this Web Site shall contain any data subject to applicable United States export control laws. You further agree, represent and warrant to JeS that, prior to the delivery to JeS via this Web Site of any nonpublic personally identifiable information ( as defined from time to time in any applicable state or federal law) about your clients, customers or others, including, but not limited to, name, address, social security number, financial account information, driver’s license number, protected health information, telephone number, account number, or the fact that a client or customer does business with you ("Personal Information") or the delivery to JeS via this Web Site of any Customer Data, you have obtained all required binding consents and approvals from all necessary persons, authorities or individuals, and have complied with all applicable policies, regulations and laws, in order to allow JeS to use all Personal Information and Customer Data so provided by you to JeS in connection with its services. JeS shall not be liable for, and you accept full responsibility for, any liability or obligation with respect to Personal Information and Customer Data prior to JeS’s receipt, including without limitation, any liability arising during the delivery of Personal Information and Customer Data to JeS via this Web Site.
To the extent that the services provided by JeS involve the processing of any Personal Information: (a) JeS and its affiliates, as applicable, shall process such Personal Information only as is reasonable in connection with the services; (b) JeS and its affiliates, as applicable, shall take appropriate technical and organizational measures against unauthorized or unlawful processing of such Personal Information; (c) JeS and its affiliates, as applicable, shall, reasonably promptly following receipt, pass on to you any requests for details regarding, or requests for access to, any Personal Information and shall not answer such requests in its own right; and (d) where you receive any data subject access request, JeS and its affiliates, as applicable, shall, reasonably promptly following a written request from you, provide reasonable assistance to you to allow you to answer the relevant request.
You understand that JeS cannot and does not guarantee or warrant that files available for downloading from the internet or the Web Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. JES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JES NOR ANY PERSON ASSOCIATED WITH JES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER JES NOR ANYONE ASSOCIATED WITH JES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
JES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
JES AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE "JES PARTIES") SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR ACCESS OR USE OF THIS WEB SITE OR ACCESSING, UPLOADING, USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE JES PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, PERFORMANCE OF, OR INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ANY JES PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND/OR MATERIALS AND YOU WILL NOT MAKE A CLAIM AGAINST ANY JES PARTY FOR LOST OR CORRUPTED DATA OR SYSTEMS, LOSS OF GOODWILL, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE WEB SITE OR MATERIALS. YOU AGREE TO HOLD THE JES PARTIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE JES PARTIES FOR, ANY CLAIMS AND THREATENED CLAIMS ARISING OUT OF OR RELATED TO ALL ACCESS AND USE OF THIS WEB SITE AND/OR THE MATERIALS IN ANY MANNER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF AACER, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AACER.
The owner of the Web Site is based in the state of Kansas in the United States. JeS provides this Website for use only by persons located in the United States. JeS makes no claims that the Web Site or any of its content is accessible or appropriate outside of the United States. Access to the Web Site may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
This Web Site may include inaccuracies or typographical errors. JeS and the Third Party Providers may make improvements and/or changes in the products, information, services, Materials, programs, and prices described or set forth in or on this Web Site at any time without notice. JeS may periodically make changes to this Web Site. Information received via AACER should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Any action related to these Terms will be governed by Kansas law and controlling U.S. Federal law, and the venue for any such action shall be the state and Federal courts located in Kansas. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the access and/or use of the Web Site including any Materials and prevail over any prior or contemporaneous, conflicting or additional, agreements or communications. JeS retains the right to revise these Terms at any time without notice by updating this posting. Any right not expressly granted herein is reserved by JeS.
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the JeS Legal Department at (913) 621-9500 or by e-mail at legal@epiqsystems.com.