Terms and Conditions for use of the SmartRules.com Services

Effective: July 1, 2007 Updated: February 24 , 2016

By using our online services (the “Service”), you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use the Service. The term “SmartRules™,” “RPCD Holdings LLC,” “us,” “the Service” or “our,” refers to RPCD Holdings LLC d/b/a SmartRules™. The term “you” refers to the user or viewer of our Service.  

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our Service. This Agreement constitutes the entire and only agreement between RPCD Holdings LLC and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the content, products or services provided by or through the Service, and the subject matter of this Agreement. This Agreement may be amended at any time by RPCD Holdings LLC without specific notice to you. The latest Agreement will be posted on the Service, and you should review this Agreement prior to using the Service.

2. Copyright.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Service, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Service. The posting of information or materials on the Service does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

3. Trademarks and Service Marks.

SmartRules™ is a registered trademark of RPCD Holdings LLC. The SmartRules™ logo and SmartRules.com are trademarks or service marks of RPCD Holdings LLC. The SmartRules™ Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of RPCD Holdings LLC. The trademarks, service marks and trade dress of SmartRules™ may not be used or reproduced without prior written approval from RPCD Holdings LLC and may not be used in connection with any product or service that is not affiliated with SmartRules™ in any manner that is likely to cause confusion among customers,in any manner that dilutes the rights of SmartRules™ or in any manner that disparages or discredits SmartRules™. Other trademarks that appear on the SmartRules™ Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SmartRules™. Any images of persons or personalities contained on the SmartRules™ Web site are not an indication or endorsement of SmartRules™ or any particular product or our service unless otherwise indicated.

4. Access to the Service

  SmartRules™ is an online subscription service providing its members with detailed, step-by-step instructions for handling procedures in courts across the country as well as links to rules, official forms and other court information. We offer a variety of subscription plans at varying price levels, including special promotional plans or subscriptions with limitations. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Service strictly in accordance with this Agreement; (b) to use the Service solely for internal, non-commercial purposes; and (c) to print out discrete information from the Service solely for internal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. Only individuals authorized by the subscribing organization may access and use the Service. You may not use login credentials to access the Service from outside the country for which it was issued. Your login credentials may be restricted from accessing certain materials otherwise available in the Service. Materials and features may be added to or withdrawn from the Service or otherwise changed without notice. a. Restrictions: Your license for access and use of the Service and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 5 above), republish,display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Service or any Content and Materials retrieved from it; (b) use the Service or any materials obtained from the Service to develop, of as a component of, any information, storage and retrieval system, database,information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale,license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Service except as permitted in this Section 4; (d) use any Content and Materials from the Service in any manner that may infringe any copyright, intellectual property right,proprietary right, or property right of RPCD Holdings LLC or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Service; (f) make any portion of the Service available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Service software or use any network monitoring or discovery software to determine the Service architecture; (h) use any automatic or manual process to harvest information from the Service; (i) use the Service for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3)unsolicited telephone calls or facsimile transmissions; (j) use the Service in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Service or any portion thereof, or any software available on or through the Service, in violation of the export control laws or regulations of the United States. b. Monitoring: RPCD Holdings LLC reserves the right to monitor your use of the Content to ensure compliance with this Agreement. If RPCD Holdings LLC, in its discretion, determines you are not in compliance with this Agreement, RPCD Holdings LLC reserves the right to take such action as it deems necessary, including, but not limited to: i) Assessing additional charges for users in excess of the number authorized; ii) Suspension of the account; or iii) Termination of the account. Such monitoring may include determining whether or not the Content is accessed under the account from multiple IP addresses, as well as noting excessive use or users. Systematic access or excessive extraction of content from the Service, including, without limitation, the use of “bots” or “spiders”, is prohibited. SmartRules™ does not disclose any information regarding its proprietary monitoring methods or policies.  

5. Privacy

Any information submitted on the SmartRules™ Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

6. Membership and Billing

You can find the specific details regarding your subscription with SmartRules™ at any time by logging into your Account via the link located at the top of the pages of the SmartRules™ Web site. Billing: By using the SmartRules™ Membership service, you are expressly agreeing that we are permitted to bill you a periodic subscription fee, any applicable tax and any other charges you may incur in connection with your use of the SmartRules™ service. As used in these Terms of Use,”billing” shall indicate either a charge or debit, as applicable, against your payment method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter unless and until you cancel your membership. We will automatically bill your payment method each period on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month,we will bill your payment method on the last day of such month. For example, if you became a paying member on January 31st, your payment method would next be billed on February 28th. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Email is the primary form of communication between Client Services and users; it is your responsibility to notify SmartRules if you no longer have access to the email address you provided during enrollment. If you want to use a different payment method or if there is a change in your credit card validity or expiration date,. you must contact client services at clientservices@smartrules.com or support@smartrules.com or telephone (818) 502 5015. If your payment method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts. Cancellation: You may cancel your subscription to SmartRules™ at any time. Cancellations will be effective after you have completed a simple two step process. The First Step occurs automatically when we receive a final cancellation email during regular hours. Regular business hours are defined as the hours of 9 a.m. through 4 p.m. PST Monday through Friday. Final cancellation emails must be received at least 24 business hours prior to 12 a.m. PST on your calendar billing date. For example, if your billing date is April 6, we must receive your final cancellation email by the end of regular business hours on April 4, assuming both days are weekdays. Additionally, SmartRules is closed for business on the following days: December 25, January 1, July 4, Thanksgiving Day, Labor Day, and Memorial Day. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY REASON INCLUDING ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Cancellation is via email only. To begin the cancellation process, you must send an email to support@smartrules.com and include your username. Your email must be received at support@smartrules.com. Attempts to cancel by any means other than sending an email to support@smartrules.com will not be honored. Attempts to cancel via telephone, postal mail, express mail, facsimile or any other method will not be honored. Once we receive the cancellation email, we will send you a confirmation email acknowledging receipt as well as a link to a final cancellation form. The cancellation will not be effective unless and until we receive your submitted final cancellation form. Notwithstanding the foregoing, we reserve the right to terminate your account at any time and for any or no reason.

7. Account Access; Identity Protection

You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting accessto your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the SmartRules™ Web site. If you find that you’re a victim of identity theft and it involves a SmartRules™ account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. SmartRules™ reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. SmartRules™ is not obligated to credit or discount a membership for holds placed on the account by either a representative of SmartRules™ or by the automated processes of SmartRules™.

8. Forms, Agreements & Documents.

We may make available through the Service or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively,”Documents”). All Documents are provided on a non-exclusive license basis only for non-commercial purposes, without any right to re-license, sublicense, distribute, assignor transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.

9. RSS Feeds

We offer RSS feeds as a convenient way to pass information about your SmartRules™ account or that is publicly available on the SmartRules™ site to your RSSreader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. By using the SmartRules™ RSS feeds you acknowledge and agree to the following: (i) if you use the personalized RSS feeds relating to your own SmartRules™account, you are consenting to the information about your account being transferred to the location of the RSS feed as enabled by you; (ii) while SmartRules™ will not pass personally identifying information in the feed, your use may cause such information to be associated with you (it is your responsibility to handle the feed and your personal information associated with it as you deem appropriate); (iii) you shall not modify the feeds in any way, including the associated attribution to SmartRules™(iv) use of the SmartRules™ RSS feeds is for your personal, non-commercial use and is at your own option and risk. SmartRules™ makes no representation or warranty regarding its RSS feeds and reserves the right to modify or terminate the feeds at any time without notice.

10. No Legal Advice or Attorney-Client Relationship.

Information contained on or made available through the Service is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Service. Your use of information on the Service or materials linked to the Service is entirely at your own risk. We are not a law firm and the Service is not a lawyer referral service.

11. Registration.

Certain sections of, or offerings from, the Service may require you to register. If registration is requested, you agree to provide SmartRules™ with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a)any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

12. Third Party Content.

Third party content may appear on the Service or may be accessible via links from the Service. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Service. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

13. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

14. Indemnification.

You agree to indemnify, defend and hold RPCD Holdings LLC and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Service.

15. Nontransferable.

Your right to use the Service is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

16. Disclaimer.


17. Limitation of Liability

a. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Service or any services or products obtainable therefrom, (b) the unavailability or interruption of the Service or any features thereof, (c) your use of the Service, (d) the content contained on the Service, or (e) any delay or failure in performance beyond the control of a Covered Party. b. THE AGGREGATE LIABILITY OF RPCD HOLDINGS LLC AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST RPCD HOLDINGS LLC AND ANY AFFILIATED PARTY.

18. Use of Information.

We reserve the right, and you authorize SmartRules™, to the use and assignment of all information regarding Service uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to SmartRules™ (collectively, a “Submission”)will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not SmartRules™, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

19. Third-Party Services.

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY SMARTRULES™, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

20. Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

21. Securities Laws.

The Service may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Service, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Service and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

22. Links to other Web Sites.

The Service contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by SmartRules™. Inclusion of any linked Web site on our Service does not imply approval or endorsement of the linked Web site by SmartRules™. If you decide to leave our Service and access these third-party sites, you do so at your own risk.

23. Copyrights.

Except as specifically provided herein, you may not use the Service or any materials retrieved from the Service in any fashion that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in materials retrieved from the Service.

24. Information and Press Releases.

The Service may contain information and press releases about SmartRules™. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by SmartRules™.

25. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and the Content and Materials provided therein.

26. Miscellaneous.

These Terms of Use may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by RPCD Holdings LLC immediately upon notice posted on the Service. Continued use of the Service following any change constitutes acceptance of the change. SmartRules™ may suspend or discontinue providing the Service to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Service by SmartRules™. Notices shall be deemed to have been properly given on the date deposited in U.S. mail, if mailed; on the date first made available, if displayed in the Service; or on the date received, if delivered in any other manner. The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Service without the prior written consent of RPCD Holdings LLC. This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Service (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 15 and Section 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by RPCD Holdings LLC in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

27. Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by RPCD Holdings LLC to collect or recover damages for,or obtain any injunction relating to, Service operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Burbank, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or RPCD Holdings LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Burbank, California necessary to protect the rights or property of you and RPCD Holdings LLC pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

28. Non-disparagement

We will respond to disparagement to the fullest extent under California law. For purposes of this Section, “disparage” shall mean any negative statement, whether written or oral, about SmartRules.”

29. Analytics, Google Adwords and Remarketing Privacy Policy

RPCD Holdings, LLC uses the services of Google Analytics to track the paths our customers take through our site. In doing so, we are better able to see where our customers go within our site and ensure our site is easy to navigate. If you have any questions concerning Google Analytics then you should refer to the Google Analytics Privacy Policy to learn how they collect and use information. We also use all features of Google Analytics for Display Advertisers. That includes obtaining specific visitor cookie data, such as the source, medium and keyword used to visit our website. Google Analytics does not store any visitor specific data and we will not use visitor specific data in any way related to Google Analytics, Google Adwords, and Remarketing. In addition we use remarketing with Google Adwords and other third party vendors to display content specific advertisements to visitors that have previously visited our site when those visitors go to other websites that have the Google Display Network implemented or on sites such as Facebook. RPCD Holdings, LLC and other third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on visitor’s past visits to our website. Visitors can opt out of Google Analytics for Display Advertisers and opt out of customized Google Display Network ads by visiting their Ads Preferences Manager.

Disclaimer: The materials and information on this website do not constitute legal advice or create an attorney-client relationship. See terms of use for more details.