PACER and ECF Terms

1. DEFINITIONS

• 1.1. “PACER” refers to the US government’s court electronic records system (aka Public Access to Court Electronic Records).
  
• 1.2. “NEF” means notice of electronic filing and refers to the NEF system of your jurisdiction
  
• 1.3. “ECF” or “ECF email” refers to those electronic notices sent by your NEF system whenever a filing is made in a court case.
  
• 1.4. “CourtDrive PACER Search” means CourtDrive's court filings search feature that allows you to access and retrieve information directly from PACER.
  
• 1.5 “Downloaded Data” means any information or data that 1) you download from PACER using the CourtDrive system, or 2) allow to be extracted from CourtDrive's ECF email manager feature.
  
• 1.6. “CourtDrive Data” means data obtained or purchased directly from CourtDrive without accessing PACER or ECF.
  
• 1.7. “Personally Identifiable Information” means the information required to be redacted pursuant to Federal Rule of Bankruptcy Procedure 9037, which includes an individual’s social security number, taxpayer identification number, birth dates, names of minors, and financial account numbers.
  

2. ACCOUNTS AND CHARGES

• 2.1. When you access PACER through CourtDrive, you will use your own PACER account. You will be responsible for and will be billed directly by PACER for all PACER charges you incur. There is no charge or billing by CourtDrive in this case. You shall resolve any billing errors or disputes you may have on your PACER bill directly with PACER. CourtDrive does not have any affiliation with PACER, and therefore cannot be involved in any billing dispute regarding your PACER account. If you have a fee exempt PACER account, you shall not use said account with CourtDrive.
• 2.2. Failure to pay any bill or charge when due, or use of fee-exempt PACER credentials, will cause your account to be suspended or terminated.
  

3. OWNERSHIP OF INFORMATION

• 3.1. Subject to section 6.3 of our Terms and Conditions of Service and without limiting your own rights in and to the Downloaded Data, you hereby grant CourtDrive any and all rights and interests you may have in and to the Downloaded Data. You waive any claims and release CourtDrive for any liability relating to or arising from the Downloaded Data. In the event a court of competent jurisdiction determines that your grant of rights herein is invalid or restricted in any way, then you also grant CourtDrive a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use the Downloaded Data. The foregoing grant of rights (or licenses as may be applicable) includes, without limitation, the rights to store in perpetuity, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Downloaded Data, and/or to incorporate it into a collective work, all of which may or may not be done for a commercial or non-commercial purposes at CourtDrive's sole discretion.
  

4. COMPLIANCE WITH PACER

• 4.1. When accessing Pacer or ECF through CourtDrive, you agree to comply with all of Pacer’s rules and policies. You can find a current copy of their rules and policies at www.pacer.gov. Without limiting the foregoing, any use of the Services that causes an unacceptable level of congestion or disruption to the operations of the Pacer will have his or her access to the Services suspended, restricted or terminated.
  

5. PRIVACY

• 5.1. Laws exist that require filers to redact certain Personally Identifiable Information from the documents they file with the court. However, sometimes errors are made. You agree to uphold the spirit of the redaction requirement. If you notice any Personally Identifiable Information in any of the Downloaded Data or CourtDrive Data, you will notify us immediately so we can take steps to remove it from the Services. In addition, you will not upload any documents to the Services that contain Personally Identifiable Information.
  

6. ECF EMAIL MANAGER

• 6.1. Our ECF email management system provides an inbox only for ECF emails. You will not provide your ECF email to anyone other than the NEF system of your jurisdiction and you will take steps to insure its confidentiality. Further, you will not take any action that would cause spam to be sent to your ECF inbox on our system.
  
• 6.2. We do not recognize or store any emails other than case specific NEF emails; accordingly, general court notices (as well as any other non-case related emails) will not be stored or displayed in your ECF email inbox on our system.
  
• 6.3. Your use of our ECF email management system may incur PACER charges that will be paid with your PACER account on record. You agree that such charges are your obligation, and your continued use of our ECF email management system will be construed as your agreement to pay such charges.
  

7. DISCLAIMERS

• 7.1. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. COURTDRIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. COURTDRIVE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. COURTDRIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COURTDRIVE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. YOU SHOULD NOT USE THE SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. COURTDRIVE DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. COURTDRIVE IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
  
• 7.2. IN NO EVENT SHALL COURTDRIVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF COURTDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF COURTDRIVE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO COURTDRIVE IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY. TO THE EXTENT ALLOWED IN YOUR JURISDICTION, YOU AND COURTDRIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.