Appellate Case Management System
Terms and Conditions
By accessing and using the Appellate Case Management System (“ACMS”) you are agreeing to comply with the following ACMS Terms and Conditions of Use ("Terms"), which shall be referred to collectively as the End User Licensing Agreement, or "EULA."
This is a legal agreement between the Office of the Executive Secretary of the Supreme Court of Virginia (“OES” or "Owner") and you, and no other third party or its subsidiaries are a party to this EULA. This EULA governs your access to and use of ACMS.
1. Representation and Warranties
If you do not accept this EULA in its entirety, then you may not access or use ACMS, and any use of ACMS by you will be considered a violation of OES’s intellectual property rights and may additionally subject you to civil or criminal penalties.
2. Modification of Terms
OES may unilaterally modify this EULA. OES reserves the right to, at any time and without prior notice, discontinue ACMS, change the content or formatting of ACMS, or terminate access to and any specific use of ACMS. OES shall not be liable to you or to any third party for taking any of these actions and will not be limited to the remedies below if you violate this EULA. By accessing and using ACMS you are accepting and agreeing to the Terms then in effect; it is your responsibility to check for updates to the EULA before use.
3. General Terms
3.1. Proprietary Rights
The case information displayed on ACMS is case information entered by the respective court clerks into the case management system. The Office of the Executive Secretary (OES) of the Supreme Court of Virginia is the administrative office for Virginia's Judicial System and provides the technology support to operate ACMS.
The court case information viewable on ACMS is provided with the consent of the participating court clerks.
You acknowledge that ACMS is protected by one or more copyrights pursuant to U.S. copyright laws and by other intellectual property laws. You agree to comply with all copyright notices, trademark notices, ownership information or restrictions contained in ACMS. You further acknowledge that all rights, titles, and interests in ACMS shall remain with OES or its subcontractors(s) and agree that you will not violate such proprietary rights. Any violation may result in legal action or other legal remedies.
3.2. Software and Hardware Requirements
You are responsible for ensuring that your equipment is suitable for connecting to ACMS and that it has the minimum system and software requirements to use and operate ACMS. In addition, you are responsible for access and connectivity to the Internet, your relationship with your Internet Service Provider and any telephone or other connection and all service fees associated with such access.
3.3. No Warranty by OES
The case information displayed is current only to the extent the respective clerks have entered the most recent information into ACMS.
Every effort is made to provide accurate and current information through ACMS. However, you may encounter some inaccurate or outdated information. OES disclaims any responsibility or liability for any errors, omissions, or inaccurate information. ACMS users have the responsibility to verify the accuracy, timeliness, and completeness of the information.
Due to the complex nature of the Internet, OES does not warrant that access to ACMS, or the operation or performance of the system will be uninterrupted or error-free. ACMS IS SUBJECT TO LIMITATIONS, DELAYS, AND PROBLEMS INHERENT WITH THE INTERNET. OES shall use reasonable efforts to correct or cure any such reproducible and documented material defects.
You expressly understand and agree that, to the maximum extent permitted by applicable law, the site, services, and materials are provided by OES on an “as is” basis without warranty of any kind, including express, implied, statutory, or fitness for a particular purpose. By accessing and using the system you accept all risks of loss or damage resulting from your access and use of the system.
No advice or information, whether oral or written, obtained by you from OES or through or from use of the services shall create any warranty not expressly stated in the Terms.
3.4. Limitation of Liability
The use of ACMS, as with all Internet usage, may pose a risk of damage to user computer systems because of the presence of computer viruses, software and hardware incompatibility or defects, and other factors associated with use of the Internet. Users of this system assume all risks associated with its use, including the risk that damage may occur to user computer systems, software or data stored on or contained in user computer systems.
You acknowledge that in no event shall OES, its agents, directors, employees, partners, or suppliers be liable to you or any third party for any direct, special, incidental, indirect, consequential, or punitive damages, including those resulting from loss of use, data or profits, whether or not foreseeable, or if OES has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the site, services or materials.
3.5. Definitions
3.5.1. Users
A user is an individual who has accepted the terms of this EULA and performs searches within ACMS.
3.6. License for Use
OES developed ACMS as a system for individuals to view case information, which can be accessed by performing searches within the system. Users may access case information and use ACMS subject to this EULA.
3.7. User Conduct
By using ACMS, you represent and warrant that you subject yourself to the laws and jurisdiction of the Commonwealth of Virginia.
You agree NOT to use ACMS to:
- make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- damage, disable, overburden or impair any OES server or the networks connected to any provider server;
- interfere with or disrupt ACMS or violate any applicable laws related to the access to or use of ACMS, violate any requirements, procedures, policies or regulations of networks connected to ACMS, or engage in any activity prohibited by this EULA;
- access or attempt to access the system in an excessive manner;
- misuse search criteria in a manner that may be construed as attempting to gather information for purposes other than which the system was designed;
- execute any form or automated scripting against the system; or
- gather or mine data using robots or similar data-gathering or extraction methods in connection with ACMS or its contents.
- use any form of automation/Artificial Intelligence("AI")/"Bots"
- to navigate to or within ACMS.
- to access or display files, pages or content.
- to download files.
ACMS shall not be used in a manner contrary to or in violation of any applicable federal, state, or local law, rule, or regulation.
No portion of ACMS source code, layout, or structure may be reproduced, transmitted, or shared in any way without express written permission from OES.
3.8. System Availability
ACMS is expected to be available 23 hours a day. There may be brief periods of downtime to allow for data backups. There will also be planned downtime to allow for scheduled system maintenance.
Unexpected issues may occur, and the system may be unavailable without notice. Every effort will be made to minimize any unplanned downtime.
4. Disclaimer
OES shall not be liable for any injury or damage resulting from your use of the information, content, or material accessed using ACMS or its contents, nor shall OES be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your service provider network. To the fullest extent allowed by law, OES disclaims all warranties with regard to ACMS.
BY USING ACMS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND ACCEPT ALL OF THE TERMS.
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