1. Purpose

You agree that you will use the Judicial ERP Platform and your Judicial ERP Account in good faith. You will only use the Judicial ERP Platform to seek the provision of legal services through the Platform. If you enter into Terms of Engagement with a Participating Lawyer, you commit to working with that Participating Lawyer solely through the Platform.

2. Definitions

When used in these Terms, the words and phrases listed below shall have the meanings given them:

“Client Information” means any content or information that you upload or submit to, store on, or send via, the Judicial ERP Platform, or any communications, documents or other information sent to you by a Participating Lawyer in connection with any legal services provided to you;

“Notice” means notification of a change or an amendment to these Terms;

“Participating Lawyer” means a lawyer paying for access and use of the Judicial ERP Platform;

“Policies” means all policies, standards and procedures that may be issued by Judicial ERP from time to time with respect to the use of the Judicial ERP Platform;

“Privacy Policy” has the meaning given in section 4 of these terms;

“Judicial ERP Account” means a User account, which is linked to a unique personalized login ID and password, that is needed to access and use the Judicial ERP Platform and to pay for the legal services obtained through the Judicial ERP Platform;

“Judicial ERP Platform” or the “Platform” means the Judicial ERP online platform, any information and products available on the Judicial ERP Platform, and the processes and tools for engaging and obtaining the services of a Participating Lawyer on the Judicial ERP Platform;

“Terms of Engagement” means an agreement for legal service delivery through the Judicial ERP Platform you enter with a Participating Lawyer; and

“User” means any individual who has established a Judicial ERP Account or who otherwise uses the Judicial ERP Platform to receive legal services.

3. Security of Login ID and Password

To establish and manage your Judicial ERP Account, Judicial ERP may issue you a login ID and password. You will use your login ID and password to access the Judicial ERP Platform. You agree it is your responsibility to keep your login ID and password confidential.

Your use of the Judicial ERP Platform constitutes your acceptance of all policies, standards and procedures that Judicial ERP may implement from time to time (“Policies”). Judicial ERP’s current Policies may be found in Schedule A of this agreement.

Judicial ERP reserves the right to deactivate any login ID and password in the following circumstances (each a “Deactivation Event”):

• where you violate any of the Policies;
• where you violate any Terms of Engagement with a Participating Lawyer;
• where you refuse to accept any modification of these Terms or the Policies; and
• where Judicial ERP believes it appropriate or necessary to do so.

4. Privacy

Judicial ERP recognizes the information you disclose to Judicial ERP or to a Participating Lawyer is sensitive in nature. Judicial ERP takes its privacy obligations seriously.

Judicial ERP will not take any action that infringes on lawyer-client confidentiality that may exist between you and a Participating Lawyer. Having said that, when you or a Participating Lawyer you have engaged asks Judicial ERP for technical support, we may require access to parts of the Platform containing information to which we would not normally have access. Access to personal, sensitive or confidential information in this case is incidental to our technical support.

For such occurrences and in respect of all information on the Platform, Judicial ERP has implemented a Privacy Policy that governs Judicial ERP’s collection, use and disclosure of information, including personal information. Judicial ERP’s Privacy Policy may be found on our website: www. judicial.erpcrebit.com.

5. Availability of Platform

You may access the Platform at anytime subject to Judicial ERP’s right to suspend operation of the Platform or any aspect of it, for any period, as needed. Reasons for suspending operation may include, but are not limited to, performance upgrades or maintenance. Judicial ERP will make reasonable efforts to notify you of any disruption in service.

Please note, the Judicial ERP Platform and the information, products and services accessed through the Judicial ERP Platform may be modified, deleted, edited or withdrawn by Judicial ERP at its discretion and at any time without prior notice.

6. No Legal Advice

The information, products and services on the Judicial ERP Platform are provided with the understanding that at no time does Judicial ERP review documents for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your situation, and its services are not a substitute for the advice of a lawyer. The provision of information, products and services on and through the Judicial ERP Platform is not intended to create, and the receipt of any information, products and services does not constitute, a solicitor-client relationship between you and Judicial ERP.

Please be advised, communications between you and Judicial ERP are protected by our Privacy Policy but are not protected by lawyer-client confidentiality.

For more information about lawyer-client confidentiality, please refer to your Terms of Engagement with a Participating Lawyer.

7. Accuracy of Information and Instructions

It is your responsibility to provide accurate and complete personal and contact information and instructions to Judicial ERP and any Participating Lawyer you engage using the Judicial ERP Platform, and to update such information as necessary from time to time.

8. Dissatisfaction with Platform

If you are dissatisfied the Judicial ERP Platform or any services available on the Platform (including the ability to seek and obtain legal services), Judicial ERP may, but will not be obligated to, take commercially reasonable steps to correct the work, or in the case of legal services, connect you with another Participating Lawyer.

9. Legal Services

Judicial ERP takes reasonable measures to screen Participating Lawyers to:

• Determine they are a lawyer and confirm in which jurisdictions they are eligible to practice law;
• Check if the lawyer has been disciplined by the applicable governing legal body and review any disciplinary action that has been taken, if any;
• Assess whether lawyers can reasonably demonstrate sufficient experience in the areas they claim to practice in by requesting and reviewing their detailed resume; and
• Assess a lawyer’s general ability to communicate effectively and clearly, as well as the lawyer’s customer focus, through an interview process and the review of any publicly available information on the lawyer.

This information allows Judicial ERP to determine a lawyer’s suitability to practice over the Judicial ERP Platform. By declining a lawyer we make no judgement about their competency as a lawyer.

In using the Judicial ERP Platform, you acknowledge that Judicial ERP has no liability in respect of any disputes or claims you may have in respect of any legal services provided to you by a Participating Lawyer. For greater certainty, any disputes with a Participating Lawyer will be handled directly between you and the Participating Lawyer and will be governed by the Terms of Engagement in place between you and the Participating Lawyer.

10. Links to Third Party Sites

The Judicial ERP Platform contains hyperlinks to platforms or websites operated by parties other than Judicial ERP. These hyperlinks are provided for your reference only. Judicial ERP does not control these platforms or websites and is not responsible for their contents. Judicial ERP’s inclusion of, reference or link to, any third-party information, material or content is not an endorsement, whether express or implied. Your access and use of any such third-party sites, including information, material, products and services therein, are solely at your own risk. Furthermore, our Privacy Policy is applicable only when you are on the Judicial ERP Platform. Once linked to another platform or website, you should read that site’s privacy policy before disclosing any personal information.

11. Intellectual Property Rights

Judicial ERP either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content on the Judicial ERP Platform (including the organization and layout of this site) or has obtained permission to use the content on the Judicial ERP Platform. No reproduction, distribution, or transmission of the copyrighted materials on this site is permitted without the prior written permission of Judicial ERP.

Nothing in these Terms grants you any right of ownership in: the Judicial ERP Platform, any aspect of the Judicial ERP Platform, any content found on the Judicial ERP Platform, or any intellectual property rights associated with those things. Judicial ERP hereby grants you a limited, non-exclusive, revocable license to use and access the Judicial ERP Platform only so you may obtain legal services from a Participating Lawyer using the Platform, all of which is subject to these Terms and Judicial ERP’s discretion.

12. Use of Third Parties

Judicial ERP may, at its sole discretion, use third parties to complete work or services. Judicial ERP will use reasonable care in the selection of third parties and providing instructions to third parties. Judicial ERP cannot guarantee the performance of third parties or the timeliness of performance by third parties including, without limitation, courier or delivery services.

13. Disclaimer

Your use of the Judicial ERP Platform and any content downloaded from it is at your own risk. The Judicial ERP Platform and all information, products and services are provided on an “as is, as available” basis without representation or warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for any purpose, title and non-infringement, all of which are disclaimed by Judicial ERP to the fullest extent permitted by law.

Judicial ERP does not represent or warrant:

• the quality, accuracy or completeness of the products and services you obtain through the Judicial ERP Platform;
• the suitability of any of the information, products and services contained on the Judicial ERP Platform or obtained through the Judicial ERP Platform for any purpose;
• that the Judicial ERP Platform or the information, products and services on or to be obtained through the Judicial ERP Platform will result in desired outcomes or meet your requirements or expectations; and
• that the Judicial ERP Platform or the information, products and services on or to be obtained through the Judicial ERP Platform will be available on an uninterrupted, timely, secure or error-free basis.

14. Limitation on Liability

In no event will Judicial ERP be liable for any damages whatsoever, whether direct or indirect, punitive, special, incidental, or consequential damages (including, without limitation, for any loss of business, revenue, profits, goodwill, data, documents, property, materials or equipment, or other economic advantage or intangible loss), arising out of or in connection with:

• the use of, or delay or inability to use, the Judicial ERP Platform or any information, products or services obtained through the Judicial ERP Platform;
• unauthorized access to, alteration of, or inaccuracy, error or omissions in your content, transmissions or data;
• the loss, alteration, destruction, damage corruption or recovery of any Client Information stored on the Judicial ERP Platform;
• service outages that are caused by Judicial ERP maintenance on the technology that underlies the Judicial ERP Platform;
• problems inherent in the use of the internet and electronic communications;
• failures of Judicial ERP service providers (including telecommunications, hosting, and power providers);
• computer viruses;
• natural disasters or other destruction or damage of Judicial ERP facilities, acts of nature, war, civil disturbance;
• any representations and warranties made to a User by a Participating Lawyer;
• any acts or omissions of a Participating Lawyer; and
• statements or conduct of any third party or otherwise arising out of the use of the Judicial ERP Platform, whether based in contract, tort (including negligence), or otherwise, even if there is a fundamental breach or if Judicial ERP has been advised of the possibility of damages.

15. Dispute Resolution

• Jury Trial Waiver. You and Judicial ERP acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
• No Class Actions or Representative Proceedings. You and Judicial ERP acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit.
• Exclusive Dispute Resolution Mechanism. The parties will resolve any dispute, controversy, disagreement or claim arising out of, relating to or in connection with this Agreement, or the breach, termination, existence or invalidity hereof (each, a “Dispute”), under the provisions of this section 16 which will be the exclusive mechanism for resolving any Dispute that may arise from time to time.
• Negotiations. The parties will first attempt in good faith to resolve any Dispute by negotiation and consultation between themselves.
• Litigation or Arbitration as a Final Resort. If the Parties cannot resolve the Dispute any Dispute within sixty (60) days after the first request to negotiate, either Party may file suit in a court of competent jurisdiction in accordance with the provisions of section 19. Should a party desire to arbitrate a Dispute, the following rules apply:

• 1. There shall be 3 arbitrators on the arbitrational panel. Each party shall nominate one arbitrator and the two arbitrators shall, among them, select the third arbitrator.
• 2. The language of the arbitration shall be English.
• 3. An oral hearing need not be held.
• 4. There will be no appeal from the decision of the arbitration panel on questions of fact, law, or mixed fact and law.

16. Waiver

Any failure by Judicial ERP to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or rights contained in these Terms.

17. Severability

If any part of these Terms is determined to be unlawful, void, invalid or unenforceable, then that part will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other part of these Terms.

18. Legal Notices

Communications made by you to Judicial ERP through the Platform’s e-mail and messaging system are for convenience only and will not be deemed to constitute legal notice to Judicial ERP or any of its officers, agents, employees, or representatives for any purpose (including without limitation any existing or potential claim or cause of action).

19. Changes to Terms of Use

Judicial ERP may make changes to these Terms at any time, for any reason. Changes will take effect 30 days after Judicial ERP posts a Notice on its website or otherwise communicates a Notice to you using the Platform. You may accept or decline Judicial ERPs changes. Should you decline the changes, Judicial ERP will deactivate your login ID and password.

Changes to these Terms will not apply retroactively and will become effective no sooner than 30 days after we post Notice. However, changes addressing new functions or services to the Judicial ERP Platform that are made for legal reasons will take immediate effect, with or without Notice. 

20. Termination and Deactivaction of Account

If you (a) choose to cease using the Judicial ERP Platform, (b) we discontinue services provided through the Judicial ERP Platform; or (c) your login ID and password are deactivated because of a Deactivation Event, we will, where possible, and subject to all other terms herein, give you reasonable notice and a chance to download a copy of your Client Information from the Judicial ERP Platform for your own records, prior to the deactivation of your account.