Courtwatch.LawLab.cc (“Court Watch”) is an online software product owned and managed by Innovation Law Lab (“Law Lab”), an Oregon non-profit organization.
The following Terms and Conditions of Use (the “Terms”) govern your use of Court Watch and your access to the Court Watch website.
Before you can establish an account with Court Watch, and use the Court Watch software system and related documentation or media, you must first agree to comply at all times with these Terms.
- License Grant. Subject to your compliance with these Terms, Law Lab grants you a limited, nonexclusive, nonsublicensable, royalty free, revocable, nontransferable license to use and access Court Watch in its current form, along with any accompanying documentation and manuals, including access to any video tutorials and FAQs.
Types of Users.
- Team Lead: A Team Lead is defined as an active user of Court Watch whose access has been indicated as a Team Lead and has not been disabled. A Team Lead is permitted to invite additional users to their courtwatch team. Upon inviting an additional user to their team, a Team Lead is permitted to define whether that additional user will also be a Team Lead, or will be a Volunteer. Team Leads are permitted to see all of the forms uploaded by the team(s) that they lead, as well as the Volunteers assigned to transcribe each form. Team Leads are also permitted to reassign the transcription of a form from one Volunteer to another. Generally, Team Leads will share responsibility with other Team Leads for coordinating Volunteers; scheduling court observation shifts; collecting, scanning, and uploading the court observation forms that Volunteers fill during court observation shifts; and following up with Volunteers to ensure Volunteers transcribe the uploaded forms that have been assigned to Volunteers. Volunteers, however, are also permitted to upload scanned forms to Court Watch and might also partake in team coordination. A Team Lead is permitted to query the Court Watch database to generate reports based on any Court Watch data.
- Volunteer: A Volunteer is defined as an active user of Court Watch whose access has been indicated as a Volunteer and has not been disabled. A Volunteer is limited to viewing those records which have been assigned to them, cannot reassign the transcription of an uploaded form from one Volunteer to another, and is not permitted to invite additional Team Leads or Volunteers to join their team. A Volunteer is also permitted to query the Court Watch database to generate reports based on any Court Watch data.
- Account Registration. In order to access and use Court Watch, you will be required to set up an account. When you set up an account, you will be asked to provide certain information such as name, email, and address, affirm that you have read and agreed to these Terms, and to set up a username and password.
We use your information solely for the following purposes:
- We make visible the email addresses of users to Volunteers and Team Leads on the same Team in order to facilitate communication and coordination of Court Watch Teams. You can view the email address you provide as well as the email addresses of other Volunteers and Team Leads on your team on the “Teams” page of Court Watch.
- We will use the email address you provide to contact you with respect to updates to the Court Watch tool, including but not limited to the addition of new resources to Court Watch and changes to court observation forms. We will also use the email address you provide to allow for automated communication processes, including but not limited to: responding to User requests to reset passwords and notifying a User that forms have been uploaded to Court Watch and assigned to the User for transcription.
- You agree that Law Lab and its agents may collect and use technical and related information, including but not limited to information about your computer, system and application software, gathered periodically to facilitate the provision of software updates and product support. We will not sell or license your personal information to third parties without your explicit consent. We store and process your information on computers located in the United States that are protected by physical and technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. You may not use Court Watch if you object to your information being used in this manner.
- Content and Data. Reports prepared or approved by Innovation Law Lab may be distributed widely and without agreeing to terms restricting custom reports. These reports may be shared with attribution and distributed widely in media reports, social media posts, etc. More flexible reporting and aggregate querying will also be available. Through Court Watch, users may apply filters, aggregation functions, and other advanced querying in order to analyze data over time, across jurisdictions, by immigration judge docket, and according to other variables. Minimum sample-sizes will be strictly enforced to prevent users from identifying individuals in removal proceedings through highly filtered aggregate data. Any individual making use of Court Watch’s custom reporting data must agree not to sell or use the Data in any for-profit context. Innovation Law Lab reserves the right to suspend a user’s account at any time.
- Modifications. Law Lab reserves the right to modify the Terms or modify, suspend, or discontinue Court Watch at its sole discretion at any time, without prior notice. By continuing to use Court Watch, you are consenting to all modified Terms.
Limitations on Use.
At all times and under all circumstances you agree that you shall not:
- Sublicense, copy, distribute, modify, adapt, translate, reverse engineer, decompile, disassemble, or prepare derivative works based on Court Watch;
- Use or allow use of your username and password by anyone other than yourself.
- Access, use, or disclose Court Watch’s source code;
- Use, remove or alter any copyright, trademark, or other proprietary notices included in or affixed to Court Watch;
- Sell, license, disclose, develop, or distribute any product designed or intended for use with Court Watch, without Law Lab’s express prior written consent;
- Transfer, sell, sublicense, or assign any of your rights under this Agreement to another individual, organization, or entity, without Law Lab’s express prior written consent;
- Misrepresent that Court Watch is your product and/or proprietary to you, or otherwise misrepresent your affiliation with any person or entity;
- Use any robot, spider, other automated device, or manual process to monitor or copy any content from Court Watch;
- Interfere with Court Watch, its servers, or its ability to provide services;
- Use Court Watch to upload, transmit, or otherwise distribute any content that contains viruses, spam, Trojan horses, worms, time bombs or other harmful content; or
- Use Court Watch in any way not authorized under the terms of this Agreement.
You agree that:
- You are responsible for protecting the security of your login credentials including but not limited to your user name and password;
- You shall regularly update your web browser to ensure full functionality of Court Watch; and
- Because Court Watch is hosted on the cloud through Vultr, you acknowledge that this Agreement is subject to and incorporates Vultr’s Customer Agreement, available at https://www.vultr.com/legal/tos, and you agree to abide by the terms of Vultr’s Customer Agreement.
- Ownership. Court Watch is owned exclusively by Law Lab, except for portions which may be subject to open source licenses. All trademarks, logos, and trade names are the exclusive property of Law Lab. All text, graphics, user interfaces, visual interfaces, photographs, computer code, and the design, layout, “look and feel” and arrangement of the Court Watch website and its content is owned, controlled or licensed by or to Law Lab. The Site and all such content are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You acknowledge that Law Lab makes no representations to you regarding ownership of any open source software contained within Court Watch. All other right, title, and interest in Court Watch and all related intellectual property, including any updates or revisions and any accompanying programs, products, or documentation, is and shall remain the sole and exclusive property of Law Lab and its successors and assigns. Other than the license grant expressly set forth in this Agreement, no interest in, rights or licenses to Court Watch are granted to you, and no interest in, rights or licenses to Court Watch shall inure in or accrue to you, whether by implication, estoppel, or otherwise. All rights of any kind in Court Watch that are not expressly granted to you under this Agreement are expressly reserved to and by Law Lab and its successors and assigns.
- Upgrades. Law Lab may from time to time modify or develop upgrades and revisions to Court Watch based on user feedback and enhancements essential to the technological advancement of the product. However, Law Lab shall not be obligated to provide any such updates, revisions, new versions, bug fixes, maintenance, or support for your use of Court Watch.
- Temporary Interruptions. Law Lab reserves the right to temporarily suspend access to Court Watch for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades. Law Lab will endeavor to confine operational suspensions with reasonable efforts to minimize disruptions for you.
- Termination. If you breach any of these Terms, Law Lab will have the right to suspend or disable your account or terminate these Terms, at its sole discretion and without prior notice to you. Law Lab reserves the right to revoke your access to and use of Court Watch at any time, with or without cause. You may close your Court Watch account anytime by emailing [email protected].
- Third Party Resources. If Court Watch contains third party resources or any links to third-party websites or resources, you acknowledge and agree that Law Lab is not responsible for the availability or accuracy of these websites or resources or their content. Law Lab does not endorse these websites or resources, and you assume all risk in using any such websites or resources.
- Disclaimer of Warranty. Law Lab warrants that it has the right to enter into this agreement; however, Law Lab makes no further warranties of any kind, whether express or implied, concerning Court Watch, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. Law Lab does not warrant that court watch will meet your requirements, your system’s requirements, that it is compatible with your system, or that operation of court watch will be uninterrupted or error-free.
- Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Law Lab, its officers, directors, employees, agents, or assigns, be liable to you, or any third party for lost or damaged data; substitute goods; lost profits; interruption of business; or any special, indirect, consequential, punitive, or incidental damages, however caused, whether based on contract, negligence, strict liability in tort, warranty, or any other legal theory.
- Indemnification. You agree to indemnify, defend, and reimburse Law Lab, and its officers, directors, employees, agents, and assigns, from any and all disputes, causes of action, suits, claims, fees or costs, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, including but not limited to any representations made by you under this Agreement, or from your use of Court Watch.
- Compliance with Laws. You warrant and represent that you shall at all times comply with all applicable laws and regulations, including, if applicable, to the laws of your state governing the practice of law, in connection with your use of Court Watch.
- Waiver. All waivers shall be in writing. A waiver or failure of any party to insist upon strict compliance of any obligation under this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to Oregon’s conflict-of-laws principles. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in the state or federal court located in Multnomah County, Oregon. Both parties agree to submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, or representations regarding Court Watch.
- Severability. Any term or provision of this Agreement deemed invalid or unenforceable in any jurisdiction shall not render invalid or unenforceable the remaining terms and provisions of this Agreement or otherwise affect the validity or enforceability of any term or provision of this Agreement.
- Injunctive Relief. You agree that it would be difficult to measure damages to Law Lab in the event of any breach by you of this Agreement and that monetary damages would be an inadequate remedy for any such breach. Accordingly, you agree that in the event of your actual or threatened breach of this Agreement, Law Lab shall be entitled, in addition to all other remedies it may have at law or in equity, to an injunction or other appropriate orders to restrain any such breach or any attempted breach without showing or proving any actual damage sustained by Law Lab. The amount of the bond, if any, to be posted by Law Lab in seeking such injunction shall be not more than $2,500, but this amount shall not limit or be evidence of the amount of damages to Law Lab. Nothing in this paragraph shall be construed as precluding or limiting any other remedies available to Law Lab at law or in equity for any breach or threatened or attempted breach of this Agreement, including the recovery of damages.
- Attorney Fees. If any action is brought by a party to this Agreement to enforce or interpret its terms or provisions, the prevailing party shall be entitled to reasonable attorney fees and costs incurred in connection with such action, prior to, at trial, and on any appeal.
- Force Majeure. Law Lab’s performance of any of its obligations shall be excused or rescheduled if delayed or prevented by acts of God, government or public enemy, fire or other casualty, labor dispute or, similar circumstance beyond Law Lab’s reasonable control.