We here at JURYDEX (together with our affiliates, “JURYDEX”, “us”, “our” or “we”) would
like to thank you for your interest in our website and mobile applications and our related
Services (as defined below) (collectively, our “Platform”). The terms and conditions set
forth herein and any other document incorporated herein by reference (collectively, these
“Terms”), together with our privacy policy (our “Privacy Policy”) govern your use of our
Platform we make accessible thereby, so please read them thoroughly before accessing or
using our Platform.
BY ACCESSING AND USING OUR PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND OUR
PRIVACY POLICY (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A
BINDING CONTRACT UNDER THE APPLICABLE LAW, AND THAT YOU HAVE THE
RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THESE TERMS
AND OUR PRIVACY POLICY; AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY
THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE
TERMS AND OUR PRIVACY POLICY, DO NOT USE OUR PLATFORM. IF YOU ARE
USING OUR PLATFORM ON BEHALF OF ANY ENTITY, THEN YOU ARE AGREEING TO
THESE TERMS AND OUR PRIVACY POLICY ON BEHALF OF THAT ENTITY.
If you do not accept these Terms and Our Privacy Policy, you are not authorized to use our
Platform. We reserve the right to modify these Terms and Our Privacy Policy at any time
and such modification will be effective upon posting to our Platform (whether on our
website or via our mobile applications) and/or provision of email notice to you thereof. Your
continued use of our Platform and/or Services following any such posting or notification of
the revised Terms shall be deemed to constitute your acceptance of any such
modifications. Please review these Terms periodically for changes and pay attention to the
“Last Updated” date displayed at the bottom of this page.
Subject to Your acceptance of and compliance with these Terms and with the applicable
payment requirements for the Services, JURYDEX hereby grants you a limited, nonexclusive,
non-transferable, non-sub-licensable, revocable right and license to access and
use our Platform, solely in accordance with these Terms. Our Platform is designed to help
you and other users to: (i) challenge parking violation tickets before the relevant parking
violations bureau (the “Bureau”), as well as in any other cities in which JURYDEX may
operate, from time to time (collectively, the “Parking Services”); (ii) quickly and easily
connect and communicate with attorneys or law firms with relevant legal expertise in traffic
violations (collectively, “attorneys”) to challenge traffic violations tickets (collectively, the
“Traffic Services”, and together with the Parking Services, the “Services”), and (iii) process
payments for both.
To access our Platform, you will be asked to register and maintain an active user account
(your “Account”), which includes, among other things, your credit card information and/or
other valid payment method, and those license plate number(s) you choose to link to your
Account (your “Plate Number(s)”).
You hereby acknowledge, understand and agree that your use of our Platform and
Services is intended for Your personal, non-commercial use, unless otherwise previously
authorized by us in writing.
Notwithstanding the obligations to which attorneys may be required to follow in verifying
the identify of those users who engage their services, JURYDEX shall undertake
commercially reasonable efforts to verify the identity of a user at the time he/she submits
either a parking or traffic ticket (based upon the policies and procedures that JURYDEX
shall implement from time to time), but disclaims any responsibility for doing so and and/or
for any errors made during such verification processes (whether such errors have arisen,
directly or indirectly, from your acts or omissions). Accordingly, JURYDEX shall not be
accountable to any third party for any fees, penalties or fines arising from the use of our
Platform, where such use is the direct or indirect result of any identify theft or similarly
situated violations of applicable law.
JURYDEX (i) is not a law firm; (ii) does not perform legal services that an attorney
performs; and (iii) is not permitted to engage in the practice of law, including without
limitation providing any kind of opinion or recommendation about possible legal rights,
defenses or strategies. You hereby acknowledge, understand and agree that JURYDEX is
not, under any circumstances your lawyer or legal representative or counsel in any way.
No attorney-client relationship between JURYDEX and any of its users, including you, is
created by using our Platform and/or Services. All information you provide us, while
protected as expressly provided under our Privacy Policy is not protected by attorneyclient
privilege nor is it deemed attorney work product.
Any attorney-client relationship formed by you and any Service Provider (as defined
below) pursuant to the Services, including without limitation the Traffic Services, is
between you and such Service Provider and not between JURYDEX and you. JURYDEX is
designed to facilitate communications between its users and Service Providers but does
not endorse any particular attorney or other Service Provider and shall not be held
responsible for the quality or accuracy of any legal services provided by any attorney or
other Service Provider. If you choose to initiate a relationship with an attorney or other
Service Provider via our Platform, you do so at your sole discretion. JURYDEX does not
assume, nor will JURYDEX have, any liability or responsibility to you or any other person in
connection thereto. Any attorney or other Service Provider retained by you through our
Platform will only be obligated to provide legal representation in connection with the
parking or traffic violation ticket(s) specifically provided by you (whether or not via our
Platform).
Territorial Scope. Services provisioned through our Platform to process parking tickets are
not limited to New York City tickets. As we expand our services to other cities and
jurisdictions, we reserve the right to amend these Terms accordingly.
Submitting your Parking Tickets. We recommend you submit your parking ticket through
our Platform as soon after receipt thereof as possible, as different municipalities and states
impose specific pleading/response deadlines for parking violations. If you fail to submit the
tickets through our Platform at least seven (7) business days prior to such deadline, you,
and not JURYDEX, shall be solely responsible for any additional costs, including late fees,
incurred as a result of your delay.
Service Providers. The Parking Services are made available by JURYDEX, via its partners,
affiliates, contractors, representatives and agents (collectively, our “Service Providers”). By
using the Parking Services, you authorize our Service Providers to represent you at the
relevant Bureau and any other applicable municipal, governmental or other authority on all
matters concerning any parking tickets you submitted via our Platform, or those parking
tickets received by us through our Auto-Dispute Program (as defined below).
Standstill Provision. Once a parking ticket is submitted through our Platform, you hereby
expressly, unconditionally and irrevocably agree: (i) not to take any course of action that
will directly or indirectly disrupt, intervene, or circumvent our Service Providers’ and our
efforts on your behalf, (ii) not to take any action related to any of your parking tickets
without our prior written consent, until JURYDEX notifies you of either: (1) its decision not
to dispute Your parking ticket(s), in which case you shall be solely responsible to dispute it
or pay the underlying fine, or (2) the corresponding Bureau's (or other applicable
authority’s) decision with respect to your parking ticket(s). Any violation of this provision
shall subject you to a cancellation fee of Five Dollars ($5.00), which may be imposed in
our sole discretion; and (ii) that our Service Providers and we are entitled to take any
action reasonably deemed necessary or appropriate in the course of disputing your
parking ticket.
Auto Dispute Program; Ticket Fetcher. You may, either upon initial establishment of your
Account, or at any time thereafter, choose at your sole discretion, to opt-in to our “Auto
Dispute Program,” whereby you authorize JURYDEX and our Service Providers to
periodically search various Bureau databases for parking tickets linked to your Plate
Number(s) and automatically dispute any future parking tickets found, which are linked to
your Plate Number(s). All such auto-disputes shall be undertaken in accordance with these
Terms. You have the right, at any time, to opt-out of our Auto Dispute Program by selecting
the option to turn off “Auto Dispute” under your Account settings. You hereby acknowledge
and agree that it is your sole responsibility to turn off the “Auto Dispute Program” option if
you are not interested in such service, and in such case, we shall not dispute future
parking tickets linked to your Plate Number without your prior approval (which shall be
made either via submission of a specific parking ticket or via your opt-in to our Auto
Dispute Program).
JURYDEX processes a considerable amount of parking tickets through our Platform that
are being handled by our Service Providers before various Bureaus at any given time.
Responding to individual requests regarding the status and the details of any one specific
case is prohibitive. Therefore, JURYDEX will not respond to individual inquiries regarding
the details or specifics regarding any particular parking ticket, hearings or decisions related
thereto. The “Ticket Fetcher” feature on our Platform enables you to manually scan an
approved Bureau's database to check the status of your pending parking tickets or to
verify whether a new parking ticket has been issued to your Plate Number(s). We
recommend all users of our Platform to periodically, independently check various relevant
Bureau databases for new parking tickets associated with your Plate Number(s) and follow
up on the status of their pending tickets with those Bureaus directly.
Please note that the Auto Dispute Program (which includes, without limitation, our plate
monitoring program) and Ticket Fetcher features are available solely for your convenience
and neither JURYDEX nor our Service Providers can guaranty that all parking tickets linked
to your Plate Number(s) shall be accurately and fully obtained or displayed via our
Platform. If you participate in the Auto Dispute Program and/or utilize our Ticket Fetcher
service, JURYDEX reserves the right to notify you of new tickets that have been issued to
you via any means, which may include email, SMS or by phone. WINIT MAKES NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS
OR ACCURACY OF THE INFORMATION OBTAINED USING OUR PLATFORM OR ANY
RELATED FEATURES OR PROGRAMS.
Cancellation Policy. Once a parking ticket is submitted through our Platform, you may not
cancel or reverse your request for the Parking Services in connection with such parking
ticket without our prior written consent. If you submit a parking ticket in error, please notify
our customer support by email as early as possible, but in no case later than six (6) hours
after your submission thereof. Your failure to notify us within this timeframe will be deemed
acceptance by our Platform of your intent to submit your parking ticket(s).
Submitting your Traffic Violation Tickets. We recommend you submit your traffic violation ticket through our Platform as soon after receipt thereof as possible, as most municipalities impose specific pleading/response deadlines for such violations. If you submit a traffic violation ticket to our Platform with an expired (or imminent) hearing date, you increase the risk that your driver’s license will be suspended. Failure to submit traffic violations to our Platform in a timely manner will render you, and not JURYDEX, solely responsible for any additional costs, including late fees, incurred as a result of your delay. In addition, Not Guilty reserves the right to reject any traffic ticket that you submit if JURYDEX, in its sole discretion, determines that it cannot process your ticket in a timely manner and/or if the available attorneys on our Platform refuse any engagement in regards to your traffic ticket. In such instance, you shall neither rely on JURYDEX nor any of JURYDEX’s participating attorneys to manage the processing of your ticket and/or to represent you, as applicable, in connection with your traffic ticket.
General. You hereby agree to maintain current, valid and accepted methods of payment on
your Account throughout the term of your use of our Platform. All fees payable by you
hereunder are exclusive of applicable taxes and duties. By establishing your Account and
using our Platform, you authorize JURYDEX to automatically charge your Account for all
applicable charges incurred in connection with the Services. At all times, you remain solely
responsible for all charges incurred under your Account, regardless of whether or not you
were aware of such charges or their respective amounts at the time they were incurred (for
example, under the Auto Dispute Program).
Parking Services. JURYDEX collects payment for the Parking Services only upon
successfully resolving your parking ticket in your favor. In the event that the Parking
Services lead to a successful dismissal of your parking ticket or reduction in the amount of
the fine, you hereby expressly authorize JURYDEX to charge your Account in an amount
equal to fifty percent (50%) of the difference between the amount you originally owed on
your parking ticket (including any applied late fee charges and penalties) and the final
amount of the fine owed following the provision of the Parking Services.
For example, let’s say your parking ticket fine is $100, but you submitted it to our Platform
late and your parking ticket had incurred a $10 late fee charge (so the total balance is
$110):
Payment Processing. In the event that JURYDEX is unsuccessful in its efforts to have your
parking ticket completely dismissed, you may, at your election, pay your parking ticket
through our Platform using our Pay Now feature (found on our Platform), whereupon Not
Guilty pays the applicable Bureau directly on your behalf. An additional processing fee will
be charged to your Account for each payment you make over Pay Now. The amount of
such fee will vary from territory to territory, and in all cases will be disclosed by JURYDEX
on the summary of charges page immediately prior to your payment (collectively, the
“Processing Fee”). Payments processed by us via our Pay Now feature are nonrefundable
under any circumstances, as we automatically pay on your behalf (after your
election to use the feature) all related parking tickets and any related Processing Fees (as
described in the “Fees” Section below). All Fees are subject to change in JURYDEX’s sole
discretion.
Traffic Services; Usage Fees. With respect to the Traffic Services, all registered users of
our Services are required to pay a one-time Platform usage fee per ticket, which fee may
be modified from time to time in our sole discretion. The Platform usage fee will be
processed by JURYDEX following the submission of your ticket onto our Platform and only
after we have received confirmation of your engagement of an attorney. If you choose not
to engage an attorney on the Platform to handle your traffic ticket, you will not be charged.
The purpose of this fee is solely to cover a small portion of JURYDEX’s Platform operating
costs and expenses.
Attorney’s Fees. Moreover, once you choose the attorney with whom you wish to work
from all available, participating attorneys on our Platform, you will enter into a direct
agreement with such attorney to effectuate the engagement. The fixed legal fees you pay
through our Platform in connection with your legal representation are passed through to
the attorney in full once you appoint him/her. Accordingly, you understand, acknowledge
and agree that once you appoint an attorney through our Platform, you will be charged,
through the payment method on the Account, the applicable legal fees and any other
payments as may be instructed by you or your attorney. One hundred (100%) percent of
the fee you pay the attorney via our Platform is retained by that attorney – JURYDEX does
not share in any of those fees.
Bond. Please note that if you missed your court date or otherwise fail to appear on the
scheduled date you may be required to post a bond (usually $40 per ticket) to reschedule
you trial, and you hereby authorize JURYDEX to automatically charge any such amount
upon your attorney’s instructions to do so. At the completion of your trial you will receive
the bond money back if you are found JURYDEX or the bond will be applied toward any
fines you owe if you are found guilty.
Intermediary. Although a transaction with the attorney is processed on your behalf through
our Platform, JURYDEX is simply an intermediary party in such transaction. JURYDEX has
no liability, either primarily or secondarily, for paying the attorney or any third party, other
than through our Platform on your behalf. In other words, you will still be required to pay
the Attorney the applicable legal fees that you owe him/her, even if such payment cannot
be processed via our Platform.
Payment Failure. In the event that JURYDEX is unable to process a payment fee or
payment is canceled, JURYDEX shall charge you a Five Dollar ($5.00) service fee per
each failed payment attempt, all in accordance with applicable laws and regulations. Any
delinquent or late payments shall also incur an interest at a rate of one and a half (1.5%)
per month as of due date, or the maximum lesser amount permitted by applicable law. You
will also be solely liable for any related “insufficient fund” charges or other penalties which
may be imposed by your bank. If we are unable to process payment, the Services will
immediately cease unless we notify you otherwise, and you will be responsible to pay for
both your ticket and our service fees directly. In addition to the amount(s) due JURYDEX,
delinquent accounts and/or chargebacks will be charged with fees and/or charges that are
incidental to the collection of delinquent accounts and/or chargebacks, including without
limitation, collection fees, convenience fees and/or other third party charges. Without
limiting the generality of the foregoing, JURYDEX reserves the right to charge interest at an
annualized rate of 18% or the maximum rate permitted by applicable law, whichever is
higher. You hereby expressly agree that all communications in relation to delinquent
accounts will be made by electronic mail or by phone, as provided to JURYDEX by you.
Such communications may be made by JURYDEX or by any third party on its behalf,
including without limitation, a third party collection agent. The remedies stipulated in this
Section 5 shall not derogate from any other right or remedy available to us by law or under
these Terms.
Non-Refundable; Money-Back Guarantee. JURYDEX does not guarantee the success of
the services that it makes available to its users via the JURYDEX Platform. As such, any
and all fees that you pay to JURYDEX are non-refundable unless you qualify for, and have
paid for, JURYDEX’s ticket case protection money-back guarantee program.. Under this
program, at the time you input your ticket within the JURYDEX platform, you’ll be notified
via the system if your ticket qualifies you for the money-back guarantee offer. If you do not
receive a notification, then your ticket does not qualify you for the program, or you are
located in a state that prohibits such programs, or JURYDEX, in its sole discretion, has
determined that you do not qualify for the money-back guarantee program. If you do
receive a notification via the platform and you, in fact, choose to pay the premium offered
by JURYDEX for such case protection guarantee, you will receive a full refund of all monies
paid (including the attorney retainer fee) only if you fail to receive any reduction of points
and/or fine on the ticket found committed for which you’ve paid a premium. Additionally,
your participation in our case protection money-back guarantee program in respect of one
ticket has no bearing on any other tickets that you may input within JURYDEX. Rather,
each ticket is evaluated on an individual basis, and you must pay for the premium on a
ticket-by-ticket basis. For clarification purposes, unless you receive an official message
sent from theJURYDEX platform following your payment of the premium that expressly
confirms a specific ticket which you’ve inputted is covered by the JURYDEX money-back
guarantee, the ticket will not be covered. JURYDEX’s case protection money-back
guarantee is neither available for all tickets nor in jurisdictions that prohibit such refunds.
Installment Payment Program. JURYDEX may offer its installment payment program (the
“Payment Program”) to eligible users in certain markets and for specific categories of
traffic tickets. If your ticket qualifies for our Payment Program, you will be prompted to
enroll therein at the time of any form of checkout. JURYDEX reserves the right, in its sole
discretion, to modify its eligibility and qualification requirements from time to time.
Notwithstanding your desire to participate in JURYDEX’s Payment Program, JURYDEX
reserves the right to withhold or refuse your participation for any reason or to impose any
additional requirements deemed necessary by JURYDEX in its sole discretion, subject to
applicable laws and regulations. Any participation in the Payment Program is entirely
voluntary and will not invalidate you from being given access to the Platform and/or from
retaining a licensed attorney featured on our platform if you elect not to enroll. Not
Guiltyreserves the right to utilize the services of a third party to manage all or any aspect
of the Payment Program, and therefore, you expressly consent to allow JURYDEX to share
your enrollment registration, payment and ticket information with such third party, and you
may be required to register with such third party for purposes of participating in the
Payment Program. Your participation in the Payment Program will require a down payment
equal to an amount expressly approved by JURYDEX plus any applicable vendor
processing fees, and the balance (together with any other fees and surcharges imposed
by JURYDEX) to be paid in the form of monthly installment payments over such period
mutually approved by JURYDEX and you, until such time as your fees are paid in full (i.e.,
your failure to remit the down payment will immediately void your enrollment/participation
in the Payment Program). Besides adding a service provider processing charge to your
fees, JURYDEXmay also charge you a finance fee and a default fee, both of which will be
disclosed to you at the time of your enrollment in the Payment program. JURYDEX
reserves the right to terminate your participation in the Payment Program if you fail to remit
any monthly installment payment in a timely manner, whereupon you will be required to
remit all of the remaining fees which are due and owing in full within twenty-four (24) hours
from JURYDEX’s email notice of your default, or your right to access the Platform will be
terminated (unless waived or otherwise modified by JURYDEX). No modifications to the
terms of your Payment Program participation shall be binding unless expressly approved
in advance and via email by a JURYDEX authorized representative.
Suspension; Collections. If the balance is not paid in accordance with these Terms, your
account will be suspended and may be sent to a Third-Party Collection Agency.If that
happens you will be responsible for paying all collection fees assessed by the Third Party
Collection Agency. You agree, for JURYDEX to service your account or to collect any
amount you may owe, unless otherwise prohibited by applicable law, JURYDEX or a
designated Third Party Collection Agency are authorized to (i) contact you by telephone at
the telephone number(s) in the contact account information you are providing, including
wireless telephone numbers, which could result in charges to you, (ii) contact you by
sending emails and/or text messages (message and data rates may apply), using any
email or mobile phone number you provide and/or, (iii) employ such methods of contact as
JURYDEX deems necessary, which may include using pre-recorded/artificial voice
message and/or use of an automatic dialing device, as applicable. The suspension or
termination of your account may also result in the termination or suspension of the legal
services provided to you by the attorney whom you engaged via the Platform, which may
occur at any time in the sole discretion of such attorney and/or JURYDEX. You
acknowledge and agree that you will not contest the termination or suspension of legal
services arising from your failure to pay the balance due and owing in a timely manner,
irrespective of when such termination or suspension may occur.
You may use our Platform and Services only (i) if you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction, and (ii) for lawful purposes and in accordance and full compliance with any and all applicable international, federal, state, municipal, local or other laws or regulations. You hereby further undertake not to:
Account Closure. JURYDEX reserves the right at any time, in its sole discretion and without
notice to you (subject to the “Pending Tickets” Section below), to terminate your license to
use our Platform (and all other rights granted to you herein), and to block or prevent your
access to and use of our Platform. You may terminate your license to use our Platform at
any time and for your convenience, by notifying us in writing of your decision (or by
otherwise following our Account closure procedures which are available on the App);
provided, however, that such termination is not permitted and shall not apply to any
ticket(s) that you previously submitted through our Platform with respect to which the
Services are still provided (collectively “Ongoing Services”).
Pending Tickets. Please note that notwithstanding the parties’ respective termination
rights, you will still be bound by these Terms (including any and all payment obligations) in
connection with Ongoing Services.
Termination for Breach. Notwithstanding anything hereunder to the contrary, JURYDEX
may terminate your account and license to use our Platform if: (i) you violate any of these
Terms; (ii) you fail to maintain a valid payment method in your Account; (iii) and/or you are
otherwise in default of any payment obligation with respect the Services, including without
limitation, failing to make any payment due within twenty-four (24) hours under a Payment
Program that you finalize with JURYDEX.
Effect of Termination. Upon termination: (i) all rights granted to you under these Terms will
be terminated; (ii) you must cease all use of our Platform and may not submit new tickets;
(iii) you will remain liable for all fees, charges and any other obligations you have incurred
through the date of termination with respect to the Services (including in connection with
Ongoing Services in accordance with the “Pending Tickets” Section above). For the
avoidance of doubt, termination of your use of our Platform and/or our Services will not
limit in any way and of JURYDEX’s rights or remedies at law or in equity, all of which are
expressly reserved hereby.
Our Platform may display, include or make available third-party content (including information, and other materials) or provide links to third-party websites or services, including through advertising (collectively, “Third Party Materials”). You acknowledge and agree that JURYDEX is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. JURYDEX does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
During your usage of the Platform, you expressly authorize JURYDEX to contact you via email, SMS, chat and by direct phone if JURYDEX requires your cooperation regarding any parking or traffic ticket that you’ve uploaded to our Platform or for any other reason that JURYDEX is in need of contacting you regarding your account and/or any promotion. By registering an account and using our Services, you expressly consent to JURYDEX contacting you via any the foregoing methods. Unless you affirmatively consent, JURYDEX will not contact you via SMS to sell you any different products or services that JURYDEX may be offering.
NEITHER WINIT NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY, GUARANTEE OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF OUR PLATFORM OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WINIT NOR ITS SERVICE PROVIDERS REPRESENTS OR WARRANTS RESULTS OF THE USE OF OUR PLATFORM, THAT OUR PLATFORM, ITS CONTENT OR ANY OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT OUR WEBSITE OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR PLATFORM OR ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. WINIT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE INTEGRITY, COMPETENCE, QUALIFICATIONS, STANDING, STATUS, SUITABILITY, COMPLIANCE WITH PROFESSIONAL RULES, ACCURACY OR LEGALITY OF ADVICE OF ATTORNEYS, OR THE OUTCOME, QUALITY, OR COMPLETION OF THEIR REPRESENTATION. WINIT 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.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR PLATFORM AND THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL WINIT OR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR OUR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, INCLUDING ANY LOSS OF PROFITS OR ANTICIPATED SAVINGS, ANY EMOTIONAL DISTRESS, LOSS OF DATA, USE, GOODWILL, OR OTHER MONETARY OR INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR PLATFORM OR SERVICES; (2) ANY CONTENT SUBMITTED TO OR ACCESSED THROUGH OUR PLATFORM; (3) ANY SERVICES PROVIDED ON OR OBTAINED THROUGH OUR PLATFORM; OR (4) ANY COMMUNICATIONS OR DEALINGS WITH, OR CONDUCT OF OTHER USERS, OUR SERVICE PROVIDERS AND THE ATTORNEYS. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, WE SHALL BE HELD LEGALLY LIABLE FOR LOSS OR DAMAGE, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WINIT, (INCLUDING ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES OR AGENTS), FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR OUR PLATFORM, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PARKING SERVICES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM (EXCLUDING, FOR THE AVOIDANCE OF ANY DOUBT, ANY AMOUNT PAID TO THE ATTORNEYS THROUGH OUR PLATFORM FOR WHICH WE ACTED SOLELY AS AN INTERMEDIARY PARTY). YOU AGREE THAT LIMITATION AND DISCLAIMERS PROVIDED IN THESE TERMS ARE REASONABLE AND WERE TAKEN INTO CONSIDERATION WHEN USING OUR PLATFORM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In addition to applicable disclaimers identified above, our incomplete performance or failure to perform our duties under these Terms will not be considered a breach of these Terms and shall be fully excused in the event of interruption and/or delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, natural disasters (including without limitation, the elements, fire, and earthquake), explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of third party information providers, third party software errors or failures or communications interruptions or failures and all other events beyond our reasonable control.
You agree to defend, indemnify and hold harmless JURYDEX, our affiliates, independent contractors, Service Providers and consultants, and each of their respective officers, employees, agents, affiliates, successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of or inability to use our Platform and/or the Services; (ii) your breach of violation of these Terms, any applicable law or the rights of any third party; and/or (iii) your gross negligence, fraud and/or willful misconduct.
JURYDEX, at its sole discretion, may make available promotions with different features to any users or prospective users. JURYDEX reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that JURYDEX determines that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms. From time to time, JURYDEX may offer you incentives to refer new users to our Platform (the “Referral Program”). Your participation in the Referral Program is subject to these Terms and any additional Referral Program terms and conditions that JURYDEX shall adopt and implement from time to time.
Our Platform, and the information and material therein, including our Platform’s features, functionality and content are the exclusive property of JURYDEX, its licensor and/or providers of Third Party Materials and are protected by copyright or other intellectual property laws. Using our Platform and/or the Services does not give you ownership of any intellectual property rights in our Platform or the content you access. In the event you elect to communicate to us suggestions for improvements in connection with our Platform or the Services, JURYDEX shall own all right, title, and interest in and to the same, and shall be entitled to use them without restriction.
We respect the rights of owners of intellectual property and expect our users to conduct
themselves accordingly. If you believe that any information or material violates these
Terms, infringes upon your copyrights or otherwise should be removed, you may submit a
notification pursuant to the Digital Millennium Copyright Act (”DMCA”), please immediately
notify us by email (Subject line: “DMCA Takedown Request”) or by mail at the address
specified below and include the following information (see 17 U.S.C 512(c)(3) for further
detail): (i) Identification of the copyrighted work(s) or material claimed to have been
infringed or to be the subject of infringing activity and that is to be removed (provide
information reasonably sufficient to permit us to locate the material); (ii) A physical or
electronic signature of the person authorized to act on behalf of the owner of the right that
is allegedly infringed; (iii) Information reasonably sufficient to permit us to contact you,
such as an address, telephone number, and, if available, an electronic mail; (iv) A
statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and (v) A
statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed. You acknowledge that if you fail to comply with all of the requirements of this
paragraph, your DMCA notice may not be valid.
If you believe that any content provided by you was improperly removed (or to which
access was disabled) and is not infringing, or that you have the authorization from the
copyright owner or its agent, or by law, to post and use such content, you may send us a
counter-notice containing the following information: (i) Your name, address, telephone
number, and e-mail address and your physical or electronic signature; (ii) Identification of
the content that has been removed or to which access has been disabled and the location
at which the content appeared before it was removed or disabled; (iii) A statement that you
have a good faith belief that the content was removed or disabled as a result of mistake or
a misidentification of the content; and (iv) a statement that you consent to the jurisdiction
of the federal court in New York, New York, and that you will accept service of process
from the person who provided notification of the alleged infringement. We have the right
but not the obligation to send a copy of such counter-notice to the original complaining
party informing them that we may replace the removed content or cease disabling it in ten
(10) business days. Unless the copyright owner files an action seeking a court order
against the content provider, member or user, the removed content may be replaced, or
access to it restored, in ten (10) to fourteen (14) business days or more after receipt of
such counter-notice, at our sole discretion.
JURYDEX may, from time to time, in its sole discretion develop and provide mobile application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You shall promptly download and install all Updates and you acknowledge and agree that our Platform or portions thereof may not properly operate should you fail to do so.
In the event our Platform or Services allow you to contribute content, including by uploading data and information, posting messages, sending or sharing files and communicating with others you agree not to post, upload, e-mail, transmit, distribute, or otherwise make available through our Platform or Services any data, text, images, files, links, software, or communications that (i) we consider, in our sole and absolute discretion, to violate any applicable laws, including without limitation the laws of the United States; (ii) restricts or inhibits any other user from using and enjoying our Platform or Services; (iii) is threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent; (iv) contains viruses, worms, Trojan horses, harmful code, or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorized use of, or limit the functionality of any computer software or hardware, any telecommunications equipment, or any communications network; (v) violates or infringes the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; rights under defamation law; or rights under any securities or other applicable law; (vi) sells or promotes any product or service; (vii) promotes, solicits, or partakes in any multilevel marketing or pyramid scheme; (viii) posts or transmits any unsolicited advertising, or promotional materials (spam); or (ix) provide a false identity or claim a relationship between you and any business, organization, or person for which you are not authorized or legally permitted to claim such a relationship.
Any personally identifiable information in electronic communications to our Platform or
Services is governed by the Privacy Policy. JURYDEX, as owner of our Platform or
Services, shall be free to use or copy all other information in any such communications,
including any ideas, inventions, concepts, techniques or know-how disclosed therein, for
any purposes. Such purposes may include disclosure to third parties and/or developing,
manufacturing and/or marketing goods or services. The sender of any communications to
our Platform or Services or otherwise to JURYDEX shall be responsible for the content and
information contained therein, including its truthfulness and accuracy.
IN ORDER TO PROVIDE YOU WITH OUR PLATFORM AND THE SERVICES AND ONLY
IN ACCORDANCE WITH THE PRIVACY POLICY, WHICH IS INCORPORATED BY
REFERENCE INTO THESE TERMS, OUR PLATFORM AND THE CORRESPONDING
SERVICES MAY NEED TO COLLECT, USE AND DISCLOSE YOUR PERSONAL
INFORMATION. WINIT MAY MODIFY THE PRIVACY POLICY IN ITS SOLE DISCRETION
AT ANY TIME AND SUCH MODIFICATIONS WILL BE EFFECTIVE UPON POSTING TO
OUR PLATFORM. MOREOVER, WINIT SHALL BEAR NO LIABILITY WHATSOEVER
FOR ANY LOSS, DAMAGE OR EXPENSE ARISING, DIRECTLY OR INDIRECTLY, FROM
AMENDMENTS TO THE PRIVACY POLICY. EACH TIME YOU USE OUR PLATFORM,
YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL
INFORMATION ACCORDING WITH THE PRIVACY POLICY AS IT THEN READS. YOU
UNDERSTAND THAT THIRD PARTIES, MAY COLLECT, USE OR DISCLOSE YOUR
PERSONAL INFORMATION WHILE USING OUR PLATFORM AND THE SERVICES AND
THAT SUCH COLLECTION, USE OR DISCLOSURE IS SUBJECT TO SUCH THIRD
PARTIES’ PRIVACY POLICIES.
These Terms and the Privacy Policy shall not be assignable by you, either in whole or in part and any attempted assignment or delegation will be null, void and of no effect. We reserve the right to assign all or a portion of our rights and obligations under these Terms and Privacy Policy, in our sole discretion. This Terms and the Privacy Policy shall be binding and inure to our benefit and each of our successors and assigns. The covenants set forth in these Terms are intended solely for the benefit of JURYDEX , its successors and permitted assigns. Nothing herein, whether express or implied, will confer upon any person or entity, other than the parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of these Terms.
You and JURYDEX each agree that any and all disputes or claims that have arisen, or
may arise, between you and JURYDEX (or any related third parties) that relate in any way
to or arise out of this or previous versions of these Terms, your use of or access to our
Platform and related services, the actions of JURYDEX or its agents, or any services
offered through our Platform shall be resolved exclusively through final and binding
arbitration, rather than in court. The Federal Arbitration Act ("FAA"), and to the extent not
inconsistent with the FAA, the laws of the State of New York, without regard to principles of
conflict of laws, govern the interpretation and enforcement of this Agreement to Arbitrate
within the Terms.
YOU AND WINIT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE
ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND WINIT
EXPRESS AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND
MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY
RELIEF AWARDED CANNOT AFFECT OTHER USERS. Arbitration is more informal than
a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court
review of an arbitration award is very limited. However, an arbitrator can award the same
damages and relief on an individualized basis that a court can award to an individual. An
arbitrator should apply these Terms as a court would. All issues are for the arbitrator to
decide, except those issues relating to arbitrability, the scope or enforceability of this
Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative
Actions and Non-Individualized Relief shall be for a court of competent jurisdiction to
decide.
The arbitration will be administered by the American Arbitration Association ("AAA") under
its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's
Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution
Rules (as applicable), as modified by this Agreement to Arbitrate. Absent express written
agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration.
The AAA's rules are available at www.adr.org and www.icdr.org.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid
Notice of Dispute ("Notice"). The Notice to JURYDEX must be sent to JURYDEX. JURYDEX
will send any Notice to you to the physical address we have on file associated with your
JURYDEX account; it is your responsibility to keep your physical address up to date. To be
valid, you must personally sign the Notice and complete all information on the Notice form,
including a description of the nature and basis of the claims you are asserting, the specific
relief sought, and the email address and phone number associated with your account.
If you and JURYDEX are unable to resolve the claims described in a valid Notice within 30
days after JURYDEX receives that Notice, you or JURYDEX may initiate arbitration
proceedings. A form for initiating arbitration proceedings is available on the AAA's site at
www.adr.org. In addition to filing this form with the AAA in accordance with its rules and
procedures, the party initiating the arbitration must mail a copy of the completed form to
the opposing party. You may send a copy to JURYDEX at the foregoing address. In the
event JURYDEX initiates an arbitration against you, it will send a copy of the completed
form to the physical address we have on file associated with your JURYDEX account. Any
settlement offer made by you or JURYDEX shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in New York City, or in another mutually agreed
location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be
resolved by the submission of documents only, subject to the arbitrator's discretion to
require an in-person hearing, if the circumstances warrant. In cases where an in-person
hearing is held, you and/or JURYDEX may attend by telephone, unless the arbitrator
requires otherwise. The language of the arbitration will be English.
The arbitrator will decide the substance of all claims in accordance with applicable law,
including recognized principles of equity, and will honor all claims of privilege recognized
by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different
users, but is bound by rulings in prior arbitrations involving the same Winit user to the
extent required by applicable law. The arbitrator's award shall be final and binding and
judgment on the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof.
The prevailing party in any arbitration shall be entitled to have its legal fees and
disbursements (e.g., the arbitration fee) reimbursed by the other party.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING
TO OUR PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and JURYDEX with respect to our Platform and the Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. Your access of our Platform or use of the Services shall not be construed as creating a partnership, employment, agency, or joint venture relationship between JURYDEX and you. No failure to nor delay in exercising any right or any power hereunder by either party shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase agreement or other terms, these Terms shall govern. If any provision of these terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. These Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
Any notices or other communications permitted or required hereunder will be in writing and delivered by JURYDEX to you (i) by email (to the address that you maintain with your Account); or (ii) by posting on our Platform. You are responsible to maintain your email mailbox and agree to check your mailbox frequently. We assume no responsibility for a missed communication or any consequence caused by such missed communication. All notices shall be deemed effective one (1) business day after successful transmission (or posting) thereof. Should you have any questions about these Terms or otherwise need to contact us for any reason, please us at: contact@jurydex.com