Agreement Between User and Courtroom5
Last Updated October 17, 2023
Courtroom5.com (the “Courtroom5 Website” or “Site”) is comprised of various web pages operated by Courtroom5, PBC (“we” or “Courtroom5”). The various features, applications, functions, information, and services (the “Service”) offered to you on Courtroom5.com are conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Courtroom5 Website and the Services constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Courtroom5 is a repository of legal resources for pro se litigants.
Privacy
Your use of the Site and the Services is subject to Courtroom5’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Not an Attorney or Law Firm
The Courtroom5 Website is not intended to create an attorney-client relationship, and no attorney-client relationship is created between you and Courtroom5 by using resources provided on the Courtroom5 Website. Courtroom5 is not your attorney or legal service provider, does not practice law and does not give legal advice. The information provided at the Courtroom5 Website is provided with the understanding that Courtroom5 is not engaged in rendering legal services.
Courtroom5 has never made any representations, express or implied, that it is providing you with legal representation or that it practices law. Your use of the Courtroom5 Website and the Services is your acknowledgment that Courtroom5 does not provide legal representation of any kind and that you are using the available services and completing any documents without legal representation.
Your use of the Courtroom5 Website and the Services does not mean you are engaging the services of an attorney. Your use of the Courtroom5 Website is your acknowledgment that you are not engaging Courtroom5 as an attorney or law firm and that, except as specifically set forth herein, you are using the Courtroom5 Website and/or completing any documents without engaging the services of an attorney or law firm.
Your use of the Courtroom5 Website to generate a legal document does not mean that attorney-client privilege is created. Your use of the Courtroom5 Website is your acknowledgment that an attorney-client relationship is not being created and that you are completing any documents without an attorney-client relationship being created.
Neither Courtroom5 nor the Courtroom5 Website is a substitute for legal representation. Courtroom5 has never made any representations, express or implied, that it is a substitute for legal representation. Your use of the Courtroom5 Website is your acknowledgment that Courtroom5 services are not a substitute for legal representation and that neither Courtroom5 nor any content provider nor any author should be relied upon by you as a substitute for legal advice.
No Warranty
Courtroom5 and all content providers and all authors have attempted to prevent errors and omissions existing in the information, material, and content provided. However, neither Courtroom5 nor any content provider nor any author promise, warranty, or guarantee that the information, materials or content provided are free of errors or omissions. Your use of the Courtroom5 Website is your acknowledgment that neither Courtroom5 nor any content provider nor any author promise, warranty, or guarantee that no errors or omissions exist. This disclaimer of warranty does not apply to the purchase of products or services by North Carolina consumers.
Products and services on this Courtroom5 Website are provided as Internet-based information technology (IT) services. The legal information on the Courtroom5 Website is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, Courtroom5 cannot guarantee that all the information on the Courtroom5 Website is completely current. The law is different from jurisdiction to jurisdiction and is also subject to interpretation by different courts.
Each person’s situation is unique and when in doubt, or if you have questions, you should contact an attorney in your area.
The Courtroom5 Website and some of the articles on the Courtroom5 Website contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest and are not intended to state or imply that our company sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
You May Require an Attorney
As with any legal matter, every situation is unique. As such, your use of the Service may not necessarily fit your particular circumstances. If you have any legal questions, or if you determine that legal or other expert assistance is required, you are urged to immediately consult with a duly licensed and competent attorney.
Your use of the Courtroom5 Website is your acknowledgment that you assume any and all responsibility with respect to any decisions made by you as a result of your use of the Courtroom5 Website.
Unbundled Services and Limited-Scope Engagements
Courtroom5 has added features which allow independent attorneys to advertise Unbundled Services or Limited-Scope Engagements on its platform. Although these attorney profiles and advertisements have been integrated into Courtroom5’s Dashboard for ease of its subscribers, inclusion of an attorney on Courtroom5’s platform should not be construed as an endorsement, employment, or other partnership between Courtroom5 and any attorney advertising on the Courtroom5 Website. Instead, you are solely responsible for determining whether you require legal representation and, if so, the terms, scope, and suitability of any such engagement. Any attorney rendering legal services in connection with Unbundled Services or Limited-Scope Engagements shall maintain the attorney-client relationship with you and is solely responsible for all legal services provided. It is within the sole discretion of the attorney providing Unbundled Services to make independent professional judgments regarding such representations. Courtroom5 will in no way influence or attempt to affect the rendering of professional services of attorneys providing Unbundled Services or Limited-Scope Engagements. The scope, payment terms, and other terms and conditions of any Unbundled Services or Limited-Scope Engagements will be governed by the agreement and/or engagement letter between you and the attorney rendering legal services.
Electronic Communications
Visiting the Courtroom5 Website or sending emails to Courtroom5 constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Courtroom5 Website, satisfy any legal requirement that such communications be in writing.
Your Account
If you use the Courtroom5 Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Courtroom5 is not responsible for third-party access to your account that results from theft or misappropriation of your account. Courtroom5 and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Courtroom5 does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Courtroom5 Website only with permission of a parent or guardian.
Cancellation
If you subscribe to our paid services (“Subscription”), you may cancel your Subscription at any time from within your account. Please note that you must cancel your Subscription before it renews for a subsequent term to avoid being charged for the next term’s Subscription fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current Subscription period.
Access Satisfaction for Subscription
In addition to certain guarantees provided by law, Courtroom5 guarantees that (1) your Subscription fee will not increase without prior notice, and (2) you have technical access to the products and standard customer service for the length of your Subscription. Courtroom5’s mission is to provide litigation support tools, trainings and lawyer resources to people who represent themselves in civil court. If at any time you experience unsatisfactory access to the Courtroom5 Website, please contact us immediately and we will either correct the situation promptly or offer a credit that can be used for future Courtroom5 services.
All requests made under this access guarantee must be made within 30 days of Subscription or incident. We will process your request within five (5) business days.
Further, this guarantee only covers technical issues caused by Courtroom5 – not content-specific issues, jurisdictional changes, or changes in your situation or state of mind. Please note that we cannot guarantee the results or outcome of your case. Similarly, Courtroom5 is not responsible for the services delivered by independent service providers using Courtroom5’s platform, specifically including any attorneys who you engage through Courtroom5’s attorney advertising platform. We are not responsible for any disputes related to legal engagements between you and any attorney identified by Courtroom5’s attorney advertising platform.
No Refunds
REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE REFUNDS OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED BEFORE THE END OF A BILLING CYCLE. In such a circumstance, you will continue to have access to your Subscription until the end of the billing cycle.
Links to Third-Party Sites and Services
The Courtroom5 Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Courtroom5 and Courtroom5 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Courtroom5 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Courtroom5 of the Linked Site or any association with its operators.
Certain services made available via the Courtroom5 Website are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Courtroom5 Website domain, you hereby acknowledge and provide consent that Courtroom5 may share such information and data with any third party with whom Courtroom5 has a contractual relationship to provide the requested product, service or functionality on behalf of Courtroom5 users and customers. Courtroom5 is not responsible for the services delivered by independent service providers using Courtroom5’s platform, specifically including any attorneys who you engage through Courtroom5’s attorney advertising platform. We are not responsible for any disputes related to legal engagements between you and any attorney identified by Courtroom5’s attorney advertising platform.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Courtroom5 Website strictly in accordance with these Terms. As a condition of your use of the Courtroom5 Website, you warrant to Courtroom5 that you will not use the Courtroom5 Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Courtroom5 Website in any manner that could damage, disable, overburden or impair the Courtroom5 Website or interfere with any other party’s use and enjoyment of the Courtroom5 Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Courtroom5 Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof (collectively “Content”), and any software used on the Courtroom5 Website, is the property of Courtroom5 or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content, and you agree to not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Courtroom5 Website. Courtroom5 content is not for resale. Your use of the Courtroom5 Website does not entitle you to make any unauthorized use of any protected Content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use and will make no other use of the Content without the express written permission of Courtroom5 and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of Courtroom5 or our licensors, except as expressly authorized by these Terms.
Use of Communication Services
The Courtroom5 Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying any Communication Service; violate any codes of conduct or other guidelines that may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
Courtroom5 has no obligation to monitor the Communication Services on the Courtroom5 Website. However, Courtroom5 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Courtroom5 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Courtroom5 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Courtroom5’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Courtroom5 does not control or endorse the content, messages or information found in any Communication Service and, therefore, Courtroom5 specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts of the various Communication Services are not authorized Courtroom5 spokespersons, and their views do not necessarily reflect those of Courtroom5.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Courtroom5 Website or Posted on any Courtroom5 Web Page
Courtroom5 does not claim ownership of the materials you provide to the Courtroom5 Website (including feedback and suggestions) or post, upload, input or submit to any publicly viewable Courtroom5 Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Courtroom5, our affiliated companies, and necessary sublicensees permission to use your publicly posted Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Courtroom5 is under no obligation to post or use any Submission you may provide, and if posted, Courtroom5 may remove any Submission at any time in Courtroom5’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Courtroom5 from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Courtroom5 content accessed through the Courtroom5 Website in any country or in any manner prohibited by applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Courtroom5, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use or inability to use the Courtroom5 Website or Service, any user postings made by you, your violation of any Terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Courtroom5 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Courtroom5 in asserting any available defenses.
This section applies only in the manner and to the extent permitted under North Carolina law, including but not limited to the NC Tort Claims Act, GS §143-291, et seq., and without waiver of its sovereign immunity.
Disputes
Any dispute or claim arising under or relating in any way to your use of the Service, or to any products or services sold or distributed by Courtroom5, is to be settled by binding arbitration in the state of North Carolina or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessments of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Northwest Registered Agent Service, Inc., 4030 Wake Forest Road, Suite 349, Raleigh, NC 27609-0010. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules.
Courtroom5 will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. Courtroom5 and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Courtroom5 is not responsible for the services delivered by independent service providers using Courtroom5’s platform, specifically including any attorneys who you engage through Courtroom5’s attorney advertising platform. We are not responsible for any disputes related to legal engagements between you and any attorney identified by Courtroom5’s attorney advertising platform.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS COURTROOM5 WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. COURTROOM5, PBC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE COURTROOM5 WEBSITE AT ANY TIME.
COURTROOM5, PBC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS SERVICES AND RELATED GRAPHICS CONTAINED ON THE COURTROOM5 WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COURTROOM5, PBC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COURTROOM5, PBC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE COURTROOM5 WEBSITE, WITH THE DELAY OR INABILITY TO USE THE COURTROOM5 WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE COURTROOM5 WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COURTROOM5, PBC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COURTROOM5 WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURTROOM5 WEBSITE. THIS SECTION DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Termination or Restriction of Access
Courtroom5 reserves the right, in its sole discretion, to terminate your access to the Courtroom5 Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the Terms is governed by the laws of the State of North Carolina, and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Courtroom5 Website. Use of the Courtroom5 Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this section.
You agree that no joint venture, partnership, employment, agency, or attorney-client relationship exists between you and Courtroom5 as a result of the Terms or use of the Courtroom5 Website. Courtroom5’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Courtroom5’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Courtroom5 Website or information provided to or gathered by Courtroom5 with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including but limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, the Terms constitutes the entire agreement between the user and Courtroom5 with respect to the Courtroom5 Website and the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Courtroom5 with respect to the Courtroom5 Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that the Terms and all related documents be written in English.
Changes to the Terms
Courtroom5 reserves the right, in its sole discretion, to change the Terms under which the Courtroom5 Website and the Services are offered. The most current version of the Terms will supersede all previous versions. Courtroom5 encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Courtroom5 welcomes your questions or comments regarding the Terms:
Courtroom5, PBC
2608 Erwin Road
Suite 148-113
Durham, North Carolina 27705
or via our online Contact form.