Purpose. Ashtow Technology Group, LLC d/b/a CourtReserve (“CourtReserve”) has entered into a subscription agreement with the customer (“Customer”) for whom you are an employee or contractor (“Authorized User”) or third party end-users (such as players, members, tournaments, and customers of Customer) (each an “End User”) whereby CourtReserve will make available its CourtReserve Platform, including all software, tools, dashboards, kiosks, websites, mobile applications, application programming interfaces and user interfaces (“Platform”) and the mobile application (the “CourtReserve App”) with the opportunity to use a variety of tools, services, functionality, and other resources (each an “Offering”). If you are identified as an Authorized User by Customer in its online account (“Account”), you will be authorized to access and use Customer’s administrative Account for Customer’s internal business purposes and solely for the benefit of Customer (and not for the benefit of yourself or any third party). If you are identified as an End User by Customer, you will be authorized to access and use the Offerings for which Customer has active subscriptions.
Accounts. Any access and use of the Platform and Offerings will require individual Accounts to be first established and activated by each Authorized User and End User, except with respect to the Offering for public booking (“Public Booking”). You may sign up for an Account by completing the online forms and steps required by CourtReserve, including reading and agreeing to abide by CourtReserve’s acceptable use policy as published and amended from time to time by CourtReserve (this “AUP”) and any additional terms and conditions set forth on the Account set up page(s). CourtReserve reserves the right to decline to activate an Account for any person for any reason. If an Account is activated, Authorized Users and End Users will be permitted to log in, view, load, post, and use the features of the Platform and the Offering for which they have been registered. The identification and password associated with each Account (each an “Account ID”) are personal in nature. Corporate Accounts may only be used by Authorized Users associated with Customer’s Account. Individual Accounts for each End User may be set up as global accounts associated with the individual (“Global User Accounts”). Customer and Authorized Users must not share access credentials for the Platform, allow the shared use of Authorized User logins, or exceed the agreed upon number of Authorized Users. Each Authorized User and End User is responsible for providing at their own expense all equipment and devices necessary to access and use the Platform Services and Offering (including without limitation a computer, mobile device, modem, and internet access) and all payment of fees and costs associated therewith. CourtReserve reserves the right to allocate or limit any storage or account for communications or other usage by Customer, an Authorized User or End User on the Platform. You consent to the collection, use and sharing of your personal information and payment processing with CourtReserve to the extent that you use the Public Booking offering activated by Customer, in compliance with the Privacy Policy and the App Privacy Policy.
Obligation. You must comply with this AUP in order to access and use the Platform and any CourtReserve App in your capacity as an Authorized User or End User. Your failure to comply with this AUP could result in the suspension or termination of Customer’s Account and/or Global User Accounts. If you do not agree to comply with this AUP, you must immediately stop all use of the Platform and the CourtReserve App and notify CourtReserve so that it can close your Account.
AUP Changes. CourtReserve may revise this AUP from time to time by providing and/or posting a new version via the Platform. CourtReserve will use reasonable efforts to make Authorized Users and End Users aware of any changes to this AUP, which may include sending e-mail announcements or posting information on the Platform or the CourtReserve App. Revised versions of this AUP are effective immediately upon posting. Accordingly, you should read any CourtReserve announcements that you receive and regularly visit the Platform or use the CourtReserve App and review this AUP to ensure that your activities conform to the most recent version. You can send questions regarding this AUP to, and report violations of it.
Electronic Signatures. Your access and use of the Platform and the CourtReserve App will be managed through your Account. CourtReserve relies on an electronic signature process as official authorization for your agreement as well as any changes to this AUP or any transactions conducted in the Platform or the CourtReserve App. By accessing the Platform and/or the CourtReserve App and, where prompted clicking “I Agree” or “Click to Consent,” you agree to conduct each transaction by electronic means and CourtReserve and you hereby state that electronic signatures shall have the same force and effect as an original signatures with respect to this AUP and all written agreements entered into between you and CourtReserve on the Platform or the CourtReserve App. You may revoke approval of this electronic signature process at any time with prior written notice to CourtReserve from your Account; however, this will result in CourtReserve’s suspension or termination of the access and use of the Platform and/or the CourtReserve App absent your acknowledgment of agreement or consent by other valid legal means.
- Third Party Offerings and Integration
You acknowledge that the Platform may contain (or permit access and use of) application programming interfaces (APIs), content, data, software or components and other product or service offerings that are either owned by a third party or in the public domain (“Third Party Offerings”). CourtReserve does not operate or control any Third Party Offerings. Third Party Offerings are offered for your convenience and you assume sole responsibility for your use of any Third Party Offering. You may be required to agree to additional terms and conditions applicable to a Third Party Offering (“Third Party Terms”). A listening of such Third Party Offerings and Third Party Terms is made available to you in the Platform or otherwise upon written request to CourtReserve. Any Third Party Terms shall control only as to Customer’s use of the Third Party Offering covered by those Third Party Terms, and the terms of this Agreement will continue to control in all other respects with respect to the Platform and all applicable Offerings.
By using such Third Party Offerings, you may have the opportunity to engage in commercial transactions with other users and vendors from the Platform. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed upon solely between you and the seller or purchaser of such merchandise and services.
COURTRESERVE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THIRD-PARTY OFFERINGS (INCLUDING QUIET ENJOYMENT AND NON-INFRINGEMENT) AND FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM ANY USE THEREOF (INCLUDING INFRINGEMENT INDEMNIFICATION). COURTRESERVE IS NOT OBLIGATED TO PROVIDE SUPPORT SERVICES FOR ANY THIRD-PARTY OFFERINGS UNLESS EXPRESSLY AGREED TO IN WRITING BY COURTRESERVE. YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND, IF REQUESTED, DEFEND COURTRESERVE, ITS LICENSORS, SERVICE PROVIDERS, PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS FROM AND AGAINST ANY LOSSES THAT ARISE OR RESULT FROM THE USE OR DISTRIBUTION OF SUCH THIRD-PARTY OFFERINGS OR BREACH OF ANY THIRD-PARTY TERMS BY YOU. COURTRESERVE MAKES NO WARRANTY REGARDING ANY COMMERCIAL TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE PLATFORM OR THE COURTRESERVE APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM OR THE COURTRESERVE APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY COURTRESERVE OR ANY OTHER OF ITS AFFILIATES. COURTRESERVE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE PLATFORM OR THE COURTRESERVE APP OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM OR THE COURTRESERVE APP, INCLUDING WITHOUT LIMITATION, THE PROCESSING OF INVOICES OR ORDERS FOR THIRD-PARTY GOODS AND SERVICES.
Customer may allow you to access and use the Offering for the PourMyBev software (“PMB Software”). You acknowledge and agree that the PMB Software is an optional feature and you must opt-in to its use and you may opt-out of its use at any time (subject to any contractual limitations that you may have directly with the PMB Software third party service providers and its parent company and agents). You further acknowledge and agree that (i) the PMB Software is not produced, developed, owned, maintained, serviced, provided by, or otherwise affiliated with CourtReserve beyond the mere facilitation of the integration of the PMB Software with the CourtReserve App, (ii) CourtReserve has no ability to control, disable, revise, save, delete, or otherwise influence any functionality of or content derived from the PMB Software beyond assuring that it is properly and functionally integrated with the CourtReserve App; and (iii) no representations have been made to you contrary to those express statements regarding any duration or “up time” guarantees for the PMB Software integration made in writing by CourtReserve. CourtReserve will not be liable to you or those claiming to have been harmed/damaged by you for any damages whatsoever, including, without limitation, those resulting from any negligent or intentional misuse of the PMB Software by you. For clarity and avoidance of doubt, this disclaimer includes but is not limited to liabilities to or of third parties for illegal activities, breach of contract, theft, personal injuries, property damage, trespass, or any other possible liabilities whatsoever. This disclaimer also includes so-called “dramshop” liabilities or any other liabilities arising from the serving of alcoholic beverages under any state law, including any and all liabilities related to or in connection with the facilitation of underage consumption of alcohol, negligent serving or furnishing of alcohol, or over-consumption of alcohol by you.
Customer may allow you to access and use the Offering for the video recording integrations (such as SaveMyPlay, Playsight and Track Tennis, among others)(each a “Video Recording Integration”). The Video Recording Integration is a third-party audio-visual recording software designed to integrate with the CourtReserve App and/or the Platform in order for Customer’s End Users to record their play while on-premises at Customer’s facilities or any tournament offered using the CourtReserve App and/or the Platform, and the access and use of the Video Recording Integration requires a separate active subscription with the third-party service provider. You acknowledge that any data recordings generated using the Video Recording Integration may be processed and disclosed by CourtReserve in accordance with CourtReserve’s Privacy Policy and any data sharing addendum entered into with CourtReserve’s service providers (including tournaments). You acknowledge and agree that the Video Recording Integration is an optional feature and you must opt-in to its use and you may opt-out of its use at any time (subject to any contractual limitations that you may have directly with the Video Recording Integration third party service providers and its parent company and agents). You further acknowledge and agree that (i) the Video Recording Integration is not produced, developed, owned, provided by, or otherwise affiliated with CourtReserve beyond the mere facilitation of the integration of the Video Recording Integration with the CourtReserve App; (ii) CourtReserve has no ability to control, disable, revise, save, delete, or otherwise influence any functionality of or content derived from the Video Recording Integration beyond assuring that is properly and functionally integrated with the CourtReserve App; and (iii) no representations have been made by CourtReserve to you contrary to those express written statements made by CourtReserve regarding any duration or “up time” guarantees for the Video Recording Integration integration, and CourtReserve reserves the right to disable or terminate functionality of the Video Recording Integration integration at any time, at its sole discretion, without potential liability to you.
- Restrictions on Use.
The Offerings, the Platform and the CourtReserve App and related services, as well as all software, algorithms, machine learning and artificial intelligence models (including model weights, parameters, and training data), data documentation, tools, APIs, deliverables, and all related and underlying technology, infrastructure, and intellectual property in any of the foregoing, including all derivative works, modifications, improvements, and enhancements thereof (collectively, the “Technology”) constitute the valuable trade secrets and intellectual property of CourtReserve.
As an express condition to the access and use rights granted to you under your Account, without CourtReserve’s prior written consent (which may be withheld or conditioned in its sole discretion), you will not directly or indirectly and will not permit any third party to: (1) use or access the Technology or any portion of the Technology for any purpose except as expressly provided in this AUP; (2) copy, modify, adapt, alter, translate, or create derivative works from the Technology; (3) distribute, lend, rent, loan, lease, license, sublicense, transfer, resell, assign, publish, transfer or otherwise make available the Technology, or any rights in or to the Technology to any third party other than as expressly provided in this Agreement; (4) access or use the Technology in any unlawful, illegal, or unauthorized manner; (5) access or use the Technology in any manner that could damage, disable, overburden or impair the Technology; (6) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying structure, ideas, know-how, algorithms design, or method of operation for the Technology; (7) circumvent or overcome (or attempt to circumvent or overcome) any technological protection measures intended to restrict access to the Technology; (8) interfere in any manner with the operation of the Technology or attempt to gain unauthorized access to the Technology; (9) use any robot, spider, scraper, automated scripts or processes or other automatic device, process or means to access or collect information from or otherwise interact with the Technology; (10) engage in “screen scraping,” “database scraping,” or harvesting of any information or data (including email address, contact information, IP address or other personal information) using the Technology or any portion of the Technology; (11) access or use the Technology for purposes of competitive analysis, benchmarking, the development or provision of a competing product or service, or any other purpose that is to CourtReserve’s detriment or commercial disadvantage, as determined by CourtReserve in its sole discretion; (12) access or use the Technology or any data obtained from or through the Technology, including any outputs, reports, analytics, communications, or other materials generated by the Technology, to train, fine-tune, validate, or otherwise develop any artificial intelligence model, machine learning model, neural network, or similar technology, whether owned by Customer or any third party; (13) alter, obscure, or remove any copyright notice, copyright management information or proprietary legend contained in or on any Technology; (14) use the Technology or any portion of the Technology in any manner that violates applicable law, including in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming; (15) use the Technology to store or process any data that CourtReserve has expressly identified as prohibited in its policies and procedures (including this AUP) or that CourtReserve is not authorized to share under applicable law or a contract binding Customer or Customer’s own obligations to third parties; (16) impersonate any other person or entity or misrepresent affiliation with any other person or entity; (17) use the Technology to create, store, or distribute any content that is unlawful, fraudulent, defamatory, harassing, threatening, or that violates any third party’s rights, or that otherwise violates this AUP; (18) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, or right of publicity and privacy; (19) access or interact with the Technology using any artificial intelligence agent, automated tool, or similar technology, except as expressly permitted by CourtReserve in writing or through features made available within the Technology; (20) access the Technology using means to mask, rotate, spoof, or otherwise obscure the user’s IP address or identity; or (21) publish or disclose to any third party any performance data, benchmarks, or results of any testing or evaluation of the Technology without CourtReserve’s prior written consent. All use of the Technology will be solely in accordance with this AUP or applicable documentation made available or published by CourtReserve.
CourtReserve may monitor use of the Technology to verify compliance with the terms of this SUP; however, you acknowledge and agree that: (a) CourtReserve does not endorse or assume liability for any data, content and information uploaded or submitted by Customer or any users of the Platform, and CourtReserve does not pre-screen, monitor or edit any data, content or information posed by users (including communications) or other interactive or generative AI services that may be made available in the Platform; (b) CourtReserve in its sole discretion may remove any data, content and information that in its judgement does not comply with this AUP or any other policy or procedure of CourtReserve or is otherwise harmful, objectionable or inaccurate, and CourtReserve is not responsible for any failure or delay in removing such data, content or information; and (c) CourtReserve may cooperate fully with investigations of violations of system or network security or applicable laws, including cooperating with law enforcement authorities in investigating alleged civil or criminal violations. You consent to all such monitoring and to the use by CourtReserve of all data and information collected through such monitoring, and to the removal of any data, content or information from the Platform by CourtReserve, and waive any claim against CourtReserve arising out of such removal.
As between you and CourtReserve, CourtReserve and its licensors retain all right, title, and interest, including all associated intellectual property rights, in and to the Technology, any updates, upgrades, enhancements, modifications, and improvements to the Technology, and any other materials provided or developed by or on behalf of CourtReserve under this AUP. You receive no ownership interest in or to any Technology or any intellectual property rights in or to the Technology. You are not granted any right or license to use any Technology or any associated intellectual property rights (whether by implication, estoppel, or otherwise), apart from your ability to access and use the Offerings as specified in this AUP. The COURTRESERVE name, logo and all product and service names associated with the Offerings are trademarks of CourtReserve, and you are granted no right or license to use such names and marks without CourtReserve’s prior written consent and quality control subject to compliance with CourtReserve’s branding and trademark policies. You covenant, on behalf of yourself and your heirs and assigns, not to assert against CourtReserve any rights, or any claims of any rights, in any Technology.
You may (but are not obligated to) provide CourtReserve suggestions, comments, recommendations, or other feedback relating to the Platform or the Offerings or any portion of the Technology (“Feedback”). You hereby grant to CourtReserve a perpetual, irrevocable, non-exclusive, royalty-free and fully paid, sublicensable (through multiple tiers), transferable, worldwide license to use, reproduce, modify, distribute, and create derivative works of Feedback for any purpose. CourtReserve has the right, but not the obligation, to use Feedback in any way without attribution, accounting, compensation, or other obligation to you. You acknowledge that any Feedback is provided voluntarily and without expectation of compensation or confidential treatment.
Without prejudice to CourtReserve’s right to proceed with any claim, nothing in this AUP will limit CourtReserve’s right to seek immediate injunctive or other equitable relief in any court of competent jurisdiction. You acknowledge and agree that due to the unique nature of the Technology and the intellectual property rights relating to the Technology and Confidential Information of CourtReserve, there can be no adequate remedy at law for any breach by you of your obligations under this AUP, that any such breach may cause CourtReserve irreparable harm, and therefore, that upon any such breach of this AUP or threat of such breach, you will not oppose any attempt by CourtReserve to obtain, in addition to whatever remedies it may have at law or in equity, an injunction or other appropriate equitable relief without making any additional showing of irreparable harm (and agrees to support the waiver of any requirement that CourtReserve be required to post a bond prior to the issuance of any such injunction or other appropriate equitable relief).
- Confidentiality Obligations
For purposes of this AUP, “Confidential Information” means all non-public information disclosed by or on behalf of CourtReserve in connection with the access and use of the Platform, the Offerings and any of CourtReserve’s Technology, which is designated as confidential or which, given the nature of the information or circumstances of disclosure, a reasonable person would recognize it as confidential. For clarity, CourtReserve’s Confidential Information includes, but is not limited to, Technology, and any information regarding research and development, Offerings, Platform, and any other proprietary information relating to CourtReserve’s business, products, or operations. The following information will not be considered Confidential Information: (1) information that is independently developed by you without use of or reference to CourtReserve’s Confidential Information; (2) information that is generally known to the public without breach of this AUP by you; (3) information that, at the time of disclosure, was known to you free of confidentiality restrictions; (4) information that is received by you from a third party without breach of any obligations of confidentiality to CourtReserve; or (5) information that CourtReserve agrees in writing is free of confidentiality restrictions. In the event of legal proceedings relating to the Confidential Information, you will cooperate with CourtReserve and comply with applicable law (all at its expense) with respect to handling of the Confidential Information, and you will only disclose Confidential Information to the extent absolutely necessary pursuant to any such legal proceeding.
You agree to: (a) hold the Confidential Information in strict confidence; (b) not use the Confidential Information for any purpose other than as set forth under this AUP or in writing by CourtReserve; (c) not disclose the Confidential Information to any third party (other than Customer and its Authorized Users) without CourtReserve’s prior written consent; and (d) limit access to the Confidential Information to those persons (if any) having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations with Customer at least as restrictive as those contained in this AUP.
You will use commercially reasonable efforts to protect: (a) the security, confidentiality, and integrity of CourtReserve’s Confidential Information in your possession or control; (b) against any reasonably anticipated threats or hazards to the security or integrity of CourtReserve’s Confidential Information; and (c) against unauthorized access to or use of CourtReserve’s Confidential Information. You will protect CourtReserve’s Confidential Information using at least the same degree of care you use to protect your own confidential information, but in no event less than a reasonable degree of care. The obligations set forth in this Section shall survive for a period of one (1) year following the termination or expiration of your access and use of your Account; provided that with respect to any Confidential Information of CourtReserve that constitutes a trade secret under applicable law, the obligations shall continue for so long as such information remains a trade secret.
- Privacy Policy and App Privacy Policy
To the extent CourtReserve uses or processes any of your personal data in the process of making available for your access and use of the Platform, the CourtReserve App, the Offerings and any of CourtReserve’s Technology, you agree to use and process any personal data as described in the CourtReserve privacy policy (“Privacy Policy”) or the application privacy policy (“App Privacy Policy”). The Privacy Policy and App Privacy Policy are incorporated in this AUP and made part of this AUP, and you can review such policies at any time at [INSERT LINKS TO PRIVACY POLICY AND APP PRIVACY POLICY).
- Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THIS AUP, NEITHER COURTRESERVE NOR ITS PROVIDERS OR CONTRACTORS MAKE ANY REPRESENTATION OR WARRANTY, AND COURTRESERVE AND ITS PROVIDERS AND CONTRACTORS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. COURTRESERVE MAKES NO WARRANTIES THAT THE OPERATION OF THE OFFERINGS AND PLATFORM WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE. YOU AGREE THAT YOU ARE NOT RELYING ON DELIVERY OF FUTURE FUNCTIONALITY, PUBLIC COMMENTS, OR ADVERTISING OF COURTRESERVE IN OBTAINING ANY SPECIFIC RESULTS. WITHOUT LIMITING THE FOREGOING, COURTRESERVE MAKES NO WARRANTY THAT (A) THE PLATFORM, THE OFFERINGS AND ANY OF COURTRESERVE’S TECHNOLOGY WILL MEET YORU REQUIREMENTS, (B) THE PLATFORM AND TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS OR USE OF THE PLATFORM OR TECHNOLOGY WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM COURTRESERVE OR ITS AFFILIATES WILL MEET EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOU ACKNOWLEDGE THAT THE PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COURTRESERVE MAY MAKE CHANGES TO THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY OFFERINGS, AT ANY TIME WITHOUT NOTICE, AND THE DATA, CONTENT AND INFORMATION POSTED ON THE PLATFORM MAY BE OUT OF DATE, AND COURTRESERVE MAKES NO COMMITMENT TO UPDATE SUCH DATA, CONTENT OR INFORMATION OR THE PLATFORM SERVICES. THE ACCESS AND USE OF THE PLATFORM OR THE COURTRESERVE APP OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY DATA, CONTENT AND INFORMATION THROUGH THE PLATFORM OR THE COURTRESERVE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH THE AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
REGARDLESS OF THE BASIS OF LIABILITY (WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, BREACH OF STATUTORY DUTY, BREACH OF WARRANTY, OR CLAIMS BY THIRD PARTIES), UNDER NO CIRCUMSTANCES SHALL COURTRESERVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE LIABILITY, LOSS, OR DAMAGE (WHETHER OR NOT THE OTHER PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, LOSS, OR DAMAGE), INCLUDING ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, LOSS RESULTING FROM WORK STOPPAGE, OR LOSS OF REVENUE OR ANTICIPATED SAVINGS. THE LIMITATIONS OF LIABILITY ABOVE SHALL APPLY: (A) TO ALL CLAIMS IN THE AGGREGATE ARISING UNDER OR RELATING TO THIS AUP OR THE SUBJECT MATTER OF THIS AUP; (B) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UNDER WHICH THE CLAIM ARISES, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, STRICT LIABILITY, OR OTHERWISE; (C) REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR IF COURTRESERVE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES; AND (D) REGARDLESS OF IF THE REMEDIES UNDER THIS AUP FAIL OF THEIR ESSENTIAL PURPOSE. THE LIMITATION OF LIABILITY IS AN AGGREGATE LIMIT AND WILL NOT BE INCREASED BY THE EXISTANCE OF MORE THAN ONE CLAIM. SINCE SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF WARRANTIES OR LIABILITY, SOME OR ALL OF THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY BE HELD UNENFORCEABLE AS APPLIED TO YOU. IN SUCH CASES, COURTRESERVE’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW.
- Violation of this AUP
CourtReserve reserves the right to suspend or terminate your Account if you (or anyone at your direction) violate the terms of this AUP. CourtReserve will respond appropriately if it becomes aware of inappropriate use of the Platform and/or the CourtReserve App or any Offering to which you are granted access and use. CourtReserve may, in its sole discretion, suspend your access to your Account and all or any portion of the Platform or Technology, effective immediately and without prior notice, if CourtReserve reasonably determines that (a) Customer is in breach of any term or condition of its subscription Agreement with CourtReserve, including any failure to make a payment when due; (b) your use of the Platform or any Offerings poses a security risk to the Technology, CourtReserve’s infrastructure, or any other customer or service provider of CourtReserve; (c) your use of the Technology may subject CourtReserve or any third party to liability; (d) your use or Customer’s or its Authorized User’s Account usage exceeds applicable usage limits, capacity thresholds, or rate limits; (e) suspension is required or requested by applicable law, regulation, or governmental authority; or your access and use of the Platform, the CourtReserve App, the Offerings or the Technology (or any portion thereof) is the subject of a third-party claim of infringement, misappropriation, or other violation of such third party’s rights. CourtReserve shall have no liability for any damages, data loss, business interruption, or other consequences arising from or related to the suspension. CourtReserve and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Platform and/or the CourtReserve App or any Third-Party Offerings, identify violations of this AUP, and/or protect the network, the Platform and all users of the Platform, the CourtReserve App or any of CourtReserve’s Technology.
CourtReserve prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. However, if any of the foregoing are used in a way that CourtReserve or its suppliers, in their sole discretion, believe violates this AUP, CourtReserve or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of data, investigation of suspected violations (including gathering information from users or others), and the immediate suspension or termination of all or any portion of the Offerings. Neither CourtReserve nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not CourtReserve’s exclusive remedies and CourtReserve may take any other legal or technical actions it deems appropriate with or without notice. You expressly authorize and consent to CourtReserve and its service providers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Account, CourtReserve is authorized to delete any files, information, or data associated with your Account.
IMPROPER USE OF THE PLATFORM, THE COURTRESERVE APP OR ANY OF COURTRESERVE’S TECHNOLOGY WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.