Citrus

Terms of Use

Welcome to the Citrus web site (the “Site”).  The Site is operated by Dakota Legal Software, Inc. (“Dakota”, “We” or “Us”).  Please carefully read these Terms of Use.  By using the Site, you acknowledge and agree that you have read and agree to be bound by these Terms of Use (the “Agreement”).  This Agreement is made between Dakota and You or, in the case that you represent and are using the Site on behalf of a company or other entity, that company or other entity (“You”).  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE SITE NOW AND REFRAIN FROM USING ANY MATERIAL THAT YOU HAVE HAVE OBTAINED OR DOWNLOADED FROM THE SITE.

  1. USE OF THE SITE.  Until You apply for and are approved as a registered user (a “Registered User”) of the Site, your access will be limited to the public areas of the Site.  Your approval as a Registered User is at the sole discretion of Dakota.  Upon approval as a Registered User, You will be asked to create a password-protected account to access certain nonpublic areas of the Site (an “Account”).  You agree to keep your Account information and password confidential.  You agree to notify Dakota immediately of any actual or suspected unauthorized use of your Account.  You are solely responsible for all activities that occur through Your Account.  Dakota will not be responsible for any loss to You caused by your failure to comply with these obligations.  You may access and use the Site through Your Account solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You are required to agree to before being given access to the nonpublic areas of the Site (any such additional agreements are in addition to this Agreement and will govern your use of the Site covered by the additional agreements in the event of a conflict between the terms of this Agreement and those additional agreements).  Dakota reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice.
  2. REGISTRATION.  You must be 18 years or older to apply to become a Registered User.  In connection with your application to become a Registered User, You will be asked to submit certain information about yourself (“Registration Information”).  You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.  As part of the registration process, you will be assigned or permitted to create a user ID for use in identifying your Account (a “User ID”).  You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorization; or (iii) use a User ID that Dakota, in its sole discretion, deems offensive.  Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account.
  3. TERM AND TERMINATION.  This Agreement will be effective on the date You establish Your Account on the Site and will continue until terminated.  Dakota may terminate this Agreement immediately, for any reason or no reason, with or without notice to You.  You may terminate this Agreement upon written notice to Dakota, such termination effective 15 days following acknowledgment of receipt of such notice by Dakota.  Dakota may also suspend your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause.  Upon any termination of this Agreement, all rights granted to You under this Agreement will cease; if You are a Registered User, your Account will be closed, and You must promptly discontinue all access to any part of the Site and the use of  any Content downloaded or otherwise obtained from the Site.  Termination or suspension of this Agreement will not affect any other agreement in addition to this Agreement that You have entered into with Dakota.  Sections 3, 4, 5, 6, 9, 10, and 14 will survive termination or expiration of this Agreement for any reason.
  4. CONTENT.  The Site and the entire contents of the Site, including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs on or offered through the Site (collectively, “Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”). Unless otherwise noted on the Site, or as set forth in Section 6 (Postings and Uploads), as between You and Dakota, its partners, affiliates, and licensors (“Affiliates”), all Content is owned by Dakota and its Affiliates.  Your use of any Content is subject to the terms and conditions of any license or other agreement You may have entered into with Dakota relating to that Content. Those additional agreements are in addition to this Agreement and will govern your use of the Content covered by the additional agreements in the event of a conflict between the terms of this Agreement and those additional agreements.  Except as expressly set forth in this Agreement or any such additional agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Content without the prior written permission of Dakota.
  5. MARKS.  Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on this Site (collectively, the "Marks") are the property of Dakota and its Affiliates.  Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of Dakota.
  6. POSTINGS AND UPLOADS.  The Site may include forums, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Content of your own to the Site.  You agree not to upload or provide any Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocate illegal activity; or (4) an advertisement or solicitation of funds, goods, or services.  You hereby represent and warrant to Dakota and its Affiliates that You own all right, title, and interest in and to any Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant Dakota the rights discussed in this Section 6.  You will indemnify, defend, and hold harmless Dakota and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in Section 6.  By providing or uploading any Content to the Site, You grant Dakota a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any form, media, software, or technology of any kind.  In addition, you waive all moral rights in the Content or warrant that all moral rights applicable to such content have been waived.  You also grant Dakota the right to use Your name in connection with the reproduction or distribution of such material.
  7. CLAIMS OF INFRINGEMENT.  Just as Dakota requires users of the Site to respect the copyrights and other intellectual property rights of Dakota, its Affiliates, and other third parties, Dakota respects the copyrights and other intellectual property rights of users of the Site and other third parties.  If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:

        Dakota Legal Software, Inc.
        Attn: Copyright Infringement Agent
        1769 Casey Court
        Lafayette, CO 80026

    Please provide the following information to Dakota’s Copyright Infringement Agent:

    1. the identity of the infringed work, and of the allegedly infringing work;
    2. your name, address, daytime phone number, and e-mail address, if available;
    3. a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
    4. a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
    5. your electronic or physical signature.
  8. REPRESENTATIONS AND WARRANTIES.  You hereby represent, warrant, and covenant for the benefit of Dakota and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; (3) all information You provide to Dakota in connection with this Agreement and Your access to the Site and use of the Services is correct and current.
  9. DISCLAIMER AND LIMITATION OF LIABILITY.
    1. Disclaimer.  THE SITE IS PROVIDED BY DAKOTA "AS IS" and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER.  NEITHER DAKOTA NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OR ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE.  YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE.  EXCEPT WHERE THE LAWS AND REGULATIONS OR A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, DAKOTA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME.
    2. Limitation.  IN NO EVENT WILL DAKOTA BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO THE SITE OR USE OF THE SERVICES, EVEN IF DAKOTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  DAKOTA’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $250.
  10. INDEMNIFICATION.  You hereby indemnify, defend, and hold harmless Dakota and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing the Site or Your breach of any term of this Agreement.  Dakota will provide You with notice of any such claim or allegation, and Dakota will have the right to participate in the defense of any such claim at its expense.
  11. PRIVACY POLICY.  Dakota’s privacy policy, a copy of which is available at http://www.cit-r-us.com/PrivacyPolicy.html (the “Privacy Policy”), is incorporated in this Agreement by reference.  By accepting this Agreement, You expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
  12. LINKED SITES.  The Site contains links to third-party sites that are not under the control of Dakota, and Dakota is not responsible for any content on any linked site.  If you access a third-party site from the Site, then you do so at your own risk.  Dakota provides links only as a convenience, and the inclusion of the link does not imply that Dakota endorses or accepts any responsibility for the content on those third-party sites.  Dakota welcomes links to the Site.  You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Dakota or any group or individual affiliated with Dakota.  You may not use on your site any Content or Marks appearing on the Site in establishing the link.  You may not frame or otherwise incorporate into another site the Content or other materials on the Site without prior written consent.
  13. NOTICES.  Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to Dakota by postal mail to the address for Dakota listed on the Site.  If applicable law requires that Dakota accepts e-mail notices (but not otherwise), then You may send Dakota e-mail notice using the “Webmaster” link on the Contact page on the Site.  With respect to Dakota's notices to You, Dakota may provide notice of amendments by posting them on the Site and You agree to check for changes. In addition, or in lieu thereof, Dakota may give notice by sending e-mail to the e-mail address You provide during registration for the Site.  Notice shall be deemed given 24 hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
  14. GENERAL TERMS.
    1. Third-Party Beneficiaries.  Dakota’s Affiliates are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern Content to which they have rights.
    2. Non-Assignment.  You may not assign or transfer any of Your rights hereunder, and any attempt to do so will be null and void.
    3. Integration.  This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement.  This Agreement may not be modified except upon mutual written agreement of both parties.  The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
    4. Severability.  If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
    5. Jurisdiction and Venue.  This Agreement will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles.  The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.  You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Denver, Colorado.  In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
    6. Modifications.  Dakota reserves the right, at any time, to add to, change, update, or modify the site and these Terms of Use, simply by posting such addition, change, update, or modification on this site.  Any such addition, change, update, or modification will be effective as set forth in Section 13 (Notices).
    7. Additional Remedies.  Except as expressly set forth in this Agreement, no right or remedy conferred herein is exclusive of any other right or remedy conferred herein or by law; but all such remedies are cumulative of every other right or remedy conferred hereunder or at law or in equity, by statute or otherwise, and may be exercised concurrently or separately from time to time.

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