Terms of Service for Interactive Platforms
Welcome, Introduction, Overview and General Definitions
Thank you for using the Denver County Court interactive platforms, which include but are not limited to our E-Filing System, the Denver County Court official website, the Denver County Court Public Portal, and the Denver County Court official social media pages (hereinafter collectively and individually, in both the singular and plural, referred to as ‘sites’). Our sites are the official and only authorized and approved public facing platforms for the Denver County Court for civil, criminal, municipal (also known as General Sessions), traffic cases as well as for the Denver County Court in general and as a whole. Our official website, public portal, and E-Filing platforms are developed, operated, and maintained by the Denver County Court with the intent of providing access in the form multiple interactions which include, but are not limited to: providing for E-Filing processes, receiving of Court orders and case records management for attorneys, public records searches, registering public and private agencies for specific access, posting of private and professional surety bonds, obtaining general information, filing of complaints or compliments, linking to social media and other sites, enabling virtual court operations and live streaming, providing a venue of general contact for the Court, other general interactions. Additionally, the sites allow for payment of fines, fees, costs, and other monies as may have been ordered by the Court, as well as for the entering of pleas and tendering payments for non-criminal traffic infractions, and other infractions or designated offenses. The sites do not currently allow for payment of monies via the civil registry as owed to third parties on civil judgments. For our social media sites, we provide and upload our content, however, those sites are developed, operated, and maintained by their respective organizations.
The Denver County Court’s Terms of Service and privacy policy are specific to the Denver County Court sites which are independent of, and not associated with similar sites operated by other municipalities, villages, townships, cities, counties, a city and county, a tribal jurisdiction, the state of Colorado or another state, or the United States.
As used within our Terms of Service, Privacy Policy, Digital Accessibility Statement and Progress to Date reports, the following terms, acronyms, and words have the following meaning:
- ‘Court’, ‘the Court’, ‘we’, and ‘our’ refer specifically to the Denver County Court
- ‘site’ and ‘sites’ refers to the Denver County Court’s official websites, platforms and social media pages
- ‘TOS’ refers to the Court’s Terms of Service
- ‘WCAG2.1AA’ refers to the Web Content Accessibility Guidelines version 2.1AA
- ‘E-Filing’ refers to the electronic filings with the Denver County Court
- ‘E-Serving’ refers to the electronic serving of documents from one user or the Court, upon another user
- ‘Bots’ refers to an autonomous program or software utilized to interact with our sites or users
- Words referring to organizations and individuals, ‘you’, ‘your organization’, ‘authorized user’, ‘user’, ‘users’, ‘attorney’, ‘principal’, ‘legal staff’, ‘party’, ‘parties’, ‘visitor’ may be used interchangeably within the TOS. Additionally, these words and additional words that refer to any third-party vendor, are used interchangeably as the singular and the plural and each incorporates the other.
- Any word(s) not specifically defined in the TOS, shall have the usual, customary, and generally acceptable definition for that word(s) apply.
- Additional definitions specific to the use of our E-Filing platform, sites, and services appear in Section 18 of the TOS.
Acceptance of our Terms of Service, and Acceptable Use of our Sites and Services
Our sites are wholly owned, operated, and maintained by the Court. By visiting our sites, you are stating that you have read, understand and are agreeing to these Terms of Service (TOS) and our Privacy Policy in their entirety, and you agree to use our sites and services only for lawful purposes and in accordance with our TOS, Privacy Policy, and in conjunction with the intended purposes of the sites and services.
If you have any questions about our TOS, you may contact us:
Email: dccfeedback@denvercountycourt.org
Modification of our Terms of Service
The Court reserves the right to change, update, or otherwise modify our TOS, Privacy Policy, Digital Accessibility Statement and Progress to Date reports at any time as may be necessary for conducting our day-to-day business. Modifications shall take effect immediately upon our posting unless otherwise specified. Continued use of our sites after any changes have been implemented constitutes your acceptance of the revisions. Our TOS, as amended and modified, constitutes the entire agreement between the Court and the user and upon modification or update, supersedes any prior version of the TOS.
User Accounts and Revocable License
Depending upon the interactions you have with any of our sites, you may be required to create an account to access certain features or services. In these instances, you agree to provide accurate, complete, and current information during registration and submission; and to update your information timely to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
An individual user can have no more than one (1) valid license for a specific site in effect at any given time.
Upon creation of an account, the Court grants a single non-exclusive, non-transferrable, revocable license for use of the specific site for which the account is intended.
Specific to our E-Filing platform, the license exists for the sole purpose of E-filing, e-Serving, searching electronic filings for civil cases within the Denver County Court. Specific to our government and criminal justice agencies, the license exists for purposes as set forth by law in the Colorado Revised Statutes. As future enhancements, the Court intends to create licensing abilities For Pro Se Users, to eFile in various cases before the Court, or for any user to be able to pay for records requests and copy fees.
You further agree to not provide false, misleading, or fraudulent information or data when creating or maintaining accounts.
You also agree and understand that the Court reserve the right to terminate or suspend your account and access to the Services at our sole discretion, without notice, for conduct that we believe violates our TOS or is harmful to other users, us, or third parties, or for any other reason.
If required to create an account for the sites or services you are utilizing, you understand and agree that you are solely is responsible for keeping your account in good standing, maintaining accurate records for your account or organizational profile, and amending your organizational profile as may be necessary.
You agree that use of our sites will be confined to the purposes of the sites, and that you shall not use the sites in violation of any federal, state, or local rule, regulation, code, statute or ordinance. Pursuant to the Fair Credit Reporting Act (FCRA), Title 15 USC § 1681, et seq. All users of our sites agree to not use any information that may be available on our sites for the purposes contrary to the FCRA restrictions on the use of that information.
If you feel your account has been terminated or suspended in error, you may contact us directly by:
Email: dccfeedback@denvercountycourt.org .
Additional Account Terms Specific to our E-Filing Platform
You and your organization understand that this responsibility to maintain an accurate organizational profile includes reflecting changes in the designated Principal for the organization in addition to making updates when users join or leave their organization(s); and that these updates must occur within a timely fashion not to exceed fourteen (14) calendar days from the date of change to the organizational profile.
An organization utilizing our E-Filing sites can have no more than one (1) valid license for our specific sites at any given time. However, any Attorney who is a member of two (2) or more organizations may have multiple licenses in effect at any given time, however, each of those licenses is a single use license for the specific organization to which the attorney is a member. At no time is an attorney authorized to have a number of licenses greater than the number of organizations to which they are a member.
You and your organization are solely responsible for setting and maintaining your account preferences, including, but not limited to, notifications, alerts, and other user definable preferences on the site.
You and your organization are solely responsible for ensuring that you are uploading, E-filing and e-Serving the proper and correct documents and are filing them into the proper and correct case(s).
You and your organization are responsible for the training of any employees of your organization who access our sites and services using an organizational account. To assist in this training, the Court will provide in the Resources section of the E-Filing platform, a basic training and informational ‘how to’ document. To the extent that it is necessary for training purposes, the Court waives copyright protection of those training documents.
Term of Account
An authorized user account for E-Filing is effective upon creation of login credentials (user ID and password) and shall continue until such time as terminated by the Court, the user, or otherwise pursuant to the TOS.
Termination of Account
The Court, at its sole discretion, may deactivate any account at any time and for any reason, including but not limited to:
- Upon violations or breach of the TOS
- Immediately upon a user account becoming delinquent or otherwise out of good standing.
- Immediately for any attorney who has had their Colorado Bar number become inactive, suspended, disbarred or otherwise unable to practice law within the State of Colorado.
Additionally, Accounts may also be Terminated
- At the request of a user at any time and for any reason, when the account is in good standing and no charges, fees or costs are due to the Court or its vendors or subcontractors;
- If an account has not engaged in any user activity for a period of at least six (6) consecutive months.
You agree that termination of your account does not terminate any financial obligations for any charges, fees, or costs incurred which are associated with the use of our sites and which may be due to the Court, the State of Colorado, other parties to cases filed in the Denver County Court, or third-party vendors or subcontractors, including but not limited to monies due to our payment gateway provider. Failure to pay all charges, fees and costs may result in legal action, reporting to the Colorado Supreme Court Attorney Regulation Counsel, and possible civil or criminal liability.
Additional Terms Related to the Termination and Reinstatement of Accounts Specific to our E-Filing Platform
The Court engages reciprocally with the State of Colorado Judicial Department and their separate E-Filing provider; for comparing and updating the termination status of terminated attorney and law firm related accounts, in order to ensure that if an account is terminated or reinstated in one of our platforms or sites, it has the same status in the other’s platform or sites.
Costs and Fees
The Court does not charge a fee for creating or maintaining an account.
Filing fees and other costs are subject to change at the discretion of the Colorado Legislature, the Colorado Supreme Court, the Denver City Council, or other legally governing body.
While many of the services provided on our sites are available at no cost, you understand and agree that for some of our sites and services a monetary transaction may take place, or that a separate fee may be charged in addition to a monetary transaction. This may include, but is not limited to, the paying of fines, fees, costs, restitution, E-Filing fees required for attorney users of the E-Filing platform, internet convenience fees to offset the costs of processing internet credit card payments, fees related to the posting of bonds, copy charges, certified copy fees, fees related to data or records requests and other fees which may be authorized or mandated by law. The Court exercises a common sense approach to fees and charges only mandatory and appropriate fees as may be necessary by law or to cover the cost of doing business. The Court does not charge non-mandatory fees that it deems unnecessary for performing many of the services on our sites, and the discretion to assess or not assess a non-mandatory fee resides solely with the Court.
You understand that if you are indigent, you may be exempt from certain fees, however, a determination of indigency cannot be made via our sites and services and you would need to appear before the Court for such a ruling. Additionally, if you are deemed indigent and exempt from certain fees, those transactions must occur directly with the clerk’s office(s) in person or via the U.S. Mail; as our online platforms cannot adapt to an individual’s status of being deemed indigent.
Specific to our E-Filing site, standard fees apply to the account holder or its registered user(s). regardless of whether the user made an error for the case to which they were E-filing and / or e-Serving. If the user believes they filed to an incorrect case, it is the user’s responsibility to take corrective action(s) to ensure the E-filing and / or e-Serving becomes associated with the correct case. The Court will not administratively grant a refund for errors made by an account user when E-filing and / or E-Serving to an incorrect case. It shall be the user’s responsibility to petition the Court with a formal written motion when requesting a refund in circumstances where the user E-filed and / or e-Served to an incorrect case. User agrees that even in the event of a user error, the Court and the site provided a service, and the Court incurred a cost in preforming that service in the way of monies and / or labor; and as such the discretion to refund any fees resides solely with the Court and will be determined on a case by case basis.
Organizations with valid contractually executed Data Access Agreements (also known as commercial services) are obligated by the costs as specified in those agreements.
Users categorized as Criminal Justice Agencies or Government Users, are exempt from paying filing and most other fees.
All charges and fee, and the policies and procedures related to the monetary transactions on our sites, are established via applicable Federal Laws, the Colorado Revised Statutes, the Denver Revised Municipal Code, city and County of Denver Financial Accountability Rules, Chief Justice Directives as issued by the Colorado Supreme Court, judicial order issued by the Denver County Court or by a court in another jurisdiction; as well as by established best business and best accounting practices. Additionally, when a third-party vendor is utilized, policies and procedures related to that vendor are specific to them, but incorporated by reference into our TOS.
Attorney and Legal Staff users as defined in the TOS specific to E-Filing, and who are representing or performing legal services on behalf of a government agency as defined in the TOS, are exempt from filing fees and usage fees for our sites. Users acting in this capacity may select the fee waiver option when performing E-filing and / or e-Serving on our E-Filing site.
All fee waiver selections are monitored by the Court. Misuse of the fee waiver option may result in the immediate deactivation of user account(s) for the organization(s), reporting of attorney user(s) to the Colorado Supreme Court Attorney Regulation Counsel; and user(s) may also be subject to criminal prosecution or civil liability.
Prohibited Actions when Using our Sites or Services
While using any of our sites or services, you agree that you are prohibited from, and shall not, engage in the following actions:
- You shall not use any of our sites or services in any way that violates any applicable federal, state, tribal, local, or international code, statute, ordinance, rule, or regulation
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our sites or services
- You shall not, with or without the use of peripheral software, hardware, or bots, interfere with our ability to provide digital access to individuals with disabilities or otherwise interfere with the digital accessibility of our sites and services
- Impersonate or attempt to impersonate any Court personnel, employee, judicial officer or any elected official, personnel, or employee of the City and County of Denver; or fraudulent portray yourself as another person or entity
- You shall not use our sites or services to harass or intimidate any other person or entity including but not limited to:
any employee or judicial officer of the Court or their family members, witnesses, customers, defendants, plaintiffs, jurors, prosecutors, defense attorneys, or any other person with business before the court, or any service providers or vendors contracted by or doing business with the Court
- You shall not evade or attempt to evade any of our sites or services security protocols, firewalls or challenge used to verify users or accounts
- You shall not utilize software or bots to engage in unauthorized data collection or screen scraping, or for any other purpose
- You shall not alter or attempt to alter any data in the possession of the Court; or alter or attempt to alter any register of actions or official Court record
- You shall not interfere, or attempt to interfere, with any case before the Court
- You shall not copy, reproduce, distribute, modify, or create derivative works of any content from the Services without our express written permission
- You shall not represent yourself or an organization, or utilize any content to infer or present to others a perception that you or an organization, are affiliated with the Court
- You shall not use any logo, image, graphic, or seal without the prior express written consent of the Court
- You shall not reverse engineer any part of our sites
Proprietary Rights, Intellectual Property, Copyrights, Trademarks, and Service Marks
You understand and agree that our sites and content are the sole property of the Court, including documents, evidence, correspondence, and submissions provided to the Court via our sites by visitors and users. Furthermore, you understand and agree that submitted items may become part of an official Court record of actions for a case and may become discoverable to other parties of a case.
Original content, features, functionality, and services provided by our sites, including but not limited to graphics, logos, images, video, audio, text, and digital content (collectively referred to as ‘content’) on our sites is protected by one or more intellectual, proprietary, trademark, and copyright laws; both under the governing laws of the United States and applicable international law, and you agree not to infringe upon those rights.
Notice of Digital Accessibility
The Court strives to maintain continued accessibility via Web Content Accessibility Guidelines 2.1AA . We welcome the opportunity to receive meaningful feedback and engage in meaningful dialogue for suggested modifications or improvements to our digital platforms, sites, and services. Feedback can be provided via the following two methods:
| Method | Description |
|---|---|
| Email: | accessibility@denvercountycourt.org |
| U.S. Mail: | Denver County Court Digital Accessibility Feedback – IT Department 1437 Bannock Street, Room 108 Denver, CO 80202 |
The Court’s Digital Accessibility Statement and Progress to Date reports are subject to change based upon updates in accessibility guidelines, technological advancements, or feedback received.
Governing Law, Severability, and Rejection of Waiver
Our sites and services are governed by the laws of the United States, the State of Colorado, the Denver Revised Municipal Code, and Chief Justice Directives as may be issued by the Colorado Supreme Court. If any part of the TOS is deemed to be invalid or otherwise unenforceable, it shall have no bearing on the remaining provisions set forth in the TOS; and those provisions shall remain in full force and effect.
The Court’s failure to enforce any portion of the TOS or other rights it may possess, shall not be deemed to be a waiver of any future or subsequent rights to enforce any provisions of the TOS.
Specific Functions Not Provided By our Platforms, Sites and Services
Our sites and services do not provide the following:
- Mail services, via the U.S. Postal Service or any other provider, for the E-Filing platform;
- Access to Legal Name Changes
- Access to Protection Order cases
- Access to sealed or otherwise restricted cases or data to persons not authorized by law for such access
- Access to juvenile records, with the exception of traffic cases for persons under 18 years of age
- Customizable content, including customizable data and statistical reports
- Ability to utilize the E-Filing all cases and case types
- The ability to utilize the E-Filing platform for pro se users (self-represented users not represented by an attorney)
Links to Social Media, Third-Party Vendors, Subcontractors, Partners and other Websites
Our sites and services may contain links to other websites operated by parties not under the care and control of the Court, which may include but is not limited to: social media accounts, payment gateway providers, These third parties have resources and content that is outside of the control of the Court, and as such, the Court cannot and does not assume any liability for the content, policies, and practices of these parties or their sites. Additionally, the Court has no obligation to maintain or upgrade any software provided by these vendors. User(s) agree to indemnify and hold harmless the Court for any actions or events that are the result of using other sites or resources of these vendors.
Additional information specific to our social media appears in its own section of our TOS.
In order to utilize features on some of our sites, you understand and agree that it may be necessary to utilize a vendor resource that is provided, such as for a payment gateway and that you shall comply with all license and TOS requirements of any vendor resource that is provided via this site.
Unauthorized Access
Any attempt(s) to access, upload content, or otherwise utilize the site, and its services; or features by other than an authorized user is expressly prohibited and may be subject to criminal prosecution or civil liability, including, but not limited to criminal prosecution under the Computer Fraud and Abuse Act of 1984 as amended. Any attempt(s) to tamper with any content on the site will be reported to appropriate law enforcement agencies and the Colorado Supreme Court Attorney Regulation Counsel, if applicable.
In the event that malicious software is detected on the site, and regardless of the source or origin of that software, the Court reserves the right to remove any content from the site which may have been infected. If this includes content that was uploaded to the site by a user as part of the E-filing and e-Serving processes, it shall be the sole responsibility of the user to recreate and re-upload new copies of non-infected content to the site. The Court shall have no duty to recreate the content provided by a user previously when malicious software has been detected.
Terms of Service Specific to our E-Filing Platform, Services, and Sites
The Court’s E-Filing site is the official and only electronic filing portal for cases in the Denver County Court. This site is intended solely for the purpose of electronic filing, serving, and searching electronic documents, by authorized users, before the Court. This site is independent of, and not associated with, the Colorado Judicial Department site which is the electronic filing site for the State of Colorado. Our TOS are specific to only our sites and services.
The core purpose of our E-Filing platform, sites, and services is to allow users to upload content to which the user and / or a third-party may have one (1) or more valid ownership rights; intellectual, proprietary, or otherwise. By uploading content, it is agreed by the Court and the users that all ownership rights are maintained by their respective owners in their entirety. However, by uploading content, the users agrees that they are transferring to the Court an irrevocable right to keep and make copies, modify copies, process copies, and serve and distribute copies of the uploaded content as part of the Court’s regular course of business as it relates to each individual case. Additionally, any and all uploaded content becomes part of, and therefore the sole source of, the content for the official Court record.
Definitions Specific to our E-Filing Platform, Sites, and Services
| Term | Definition |
|---|---|
| Authorized User: | The Court and this site, recognize only three (3) categories of Authorized users who are not already employees or authorized agents of the Denver County Court. Those categories are: Pro Se User, Legal Staff and Attorney. A definition for each of these categories appears within the TOS, and regardless of the category, a user is not considered to be an Authorized user unless they meet all three (3) of the following criteria:
|
| Authorized User Account: | Refers to any user account created by the Court for a Pro Se User, Legal Staff or Attorney; and where such account has valid login credentials (user name and password); and is in good standing and is not suspended, revoked, or otherwise terminated, inactive, or deemed deactivated. |
| Pro Se User: | Refers only to an individual user, who is not represented by an attorney. Pro Se users may only use this site for Small Claims cases. |
| Pro Se User Account: | Refers only to an Authorized User Account created by the Court, for a Pro Se User. |
| Attorney: | Refers only to a Colorado Licensed Attorney in good standing with a valid and active Colorado Bar (attorney registration) number. In certain specific circumstances and only if granted by the Court, an out of state attorney who has been granted rights to temporarily practice law in Colorado, Pro Hac Vice, may be considered an Attorney for the purposes of using this site, however, the Attorney must be created rights as an Authorized User as part of an Organization granted rights to use this site. In no circumstance can the out of state attorney be a member of an Organization for the purposes of this site, where that Organization was not granted rights by the Court to oversee the out of state attorney. |
| Legal Staff: | Refers to a person(s) who work for an organization as defined in the TOS., but not in the capacity of a private attorney for the case(s) filed on behalf of the organization via this site. Legal staff include, but are not limited to: paralegals, collection staff, and administrative staff, who are authorized by one or more attorney(s) in their organization to perform E-Filing and e-Serving of documents on behalf of their attorney(s), for civil matters filed within the Court. |
| Organization: | Refers to either an individual attorney who is registering, or has registered to be an authorized user of this site; or to a group of two (2) or more attorneys and any legal staff, who are registering, or has registered to be an authorized user of this site.
Any authorized user who is not a Pro Se user, must be registered as part of an organization. Organizations are divided into two (2) subcategories: Law Firm and Government Agency, as defined in the TOS.
|
| Organizational Profile: | Refers to an organization that is registering, or has registered with the Court to be an authorized user of this site. The organizational profile shall delineate the names of the users, the category of user (attorney or legal staff), telephone and email contact information, the party designated to be the Principal for the organization, and any other information deemed necessary by the Court for creating and maintaining a user account for an organization |
| Principal: | Refers only to an individual attorney, as defined in the TOS, who has designated themselves to be the party financially responsible for all transactions by their organization on this site; regardless of whether those transactions were conducted by the attorney user or other authorized user for their organization.
For organizations with only a single attorney, that attorney is designated by default as the Principal to the organization. Organizations registered as a Government Agency as defined in the TOS are exempt from paying filing fees and other fees associated with the use of this site and are, therefore, exempted from the requirement of designating a Principal in the organizational profile for their organization. |
Social Media
As third branch of government, the Court remains committed to being an independent, impartial, neutral, and non-biased organization. The Court also recognizes that the public whom we serve, continues to obtain more and more information via electronic venues such as websites, social media, and social computing. Therefore, the Court may engage in the creation and maintaining of its own social media pages; which at the sole discretion of the Court, it may link, ‘like’ or ‘fan’ different websites or web pages to one or more of the Court’s sites. On very rare occasions, the Court may also choose to link to an individual’s social media page or website (for example the Mayor of Denver, or Governor of Colorado). The Court engages in these activities solely for informational purposes, with the intent of providing a general community service and links to resources. These links typically will be to web pages and websites that relate to government, community, education, general information, court operations, professional organizations (court) or the legal field in general. The Court may also include links to information such as road closures near court occupied buildings during a parade, or safety related issues; as well as other sites or resources as the Court may deem appropriate.
The Court, as a proud part of the City and County of Denver, the State of Colorado, and the United States of America, may also link to other courts, tourist venues, art venues, various Colorado sports teams, or other websites or pages which the Court deems may be of general interest to the general public.
In general, the purpose of the Court’s connections to other websites and webpages are designed to provide a more seamless experience for our customers and may assist them in receiving other services. Such links are not intended to be, nor should they be misunderstood to mean, that the Court is not impartial. As an example, the Court may link its social media page (www.facebook.com/DenverCountyCourt) to the Denver Sheriff’s Department and Denver Police Department social media pages. This should not be misconstrued to mean that the Court is preferential as law enforcement. The link itself is simply designed to recognize that many people who have business with the Court, may also have business with the Denver Sheriff’s Department or Denver Police Department. For instance, a person who is wanting to post bond with the Court to get a family member out of jail, may also be in need of information from the Denver Sheriff Department on the location or hours of the detention facility; a person who wants to obtain a protection order may also be in need of information from the Denver Police Department on how to report a threat of violence or other crime.
The Court may also link to sites such as the Office of the Independent Monitor, where persons can report complaints or commendations related to law enforcement.
The sole purpose of these links is to provide a much easier way for court users to navigate between various agencies.
To maintain the integrity and impartiality of the Court, the Court’s use of social media and third-party links is designed to be a one-way interaction. The Court will post, but typically will not interact, beyond the use of a link, ‘like’, fan, or comment posting with any agency, organization, or individual’s social media page. Since it is imperative that all court business be conducted within the assigned courtrooms, the Court will also not respond to comments, posts, surveys, remarks, or records requests presented to the Court via any social media or other third-party platform.
Links, ‘like’, fan, and comments placed on or to all third-party websites from the Court’s website or social media pages, are updated, modified and otherwise maintained by the Court’s administrative staff. These actions are neither suggested nor endorsed by any judicial officer of the Denver County Court. While the Court vets and administratively approves all links, ‘like’, fan, comments and general posts made from our website and social media pages, neither the Court, nor the City and County of Denver can be responsible for content that is provided by, updated or otherwise maintained by a third-party website. To report a link that may be questionable, improper, broken, or should otherwise be modified or removed from the Court’s website or the Court’s social media pages, you may contact us by email at: dccfeedback@denvercountycourt.org. Please be advised that the Court will review all appropriate submissions, however, the Court may not always provide individual responses to submissions made regarding social media.
The Court maintains an ongoing commitment to digital accessibility via WCAG2.1AA standards as referenced in Section 12 of the TOS, our Digital Accessibility Statement, and our Progress to Date reports. However, the Court has no control over how our content on our social media sites is augmented or otherwise maintained by those sites for digital accessibility guidelines. If you encounter a digital accessibility issue with one of our social media sites, or have a suggestion for improvement of digital accessibility on one of our social medial sites, you understand and agree that you need to submit those items directly to the social media platform(s) and not to the Court.
Limitation of Liability
Our sites are internet based site and as such, may be subject to many events that are outside of the control of the Court, including but not limited to, malicious attacks, hacking, denial of service attempts, interruptions with transmission lines, weather related events, wireless computer signals, and hardware / software failures.
In the event that the Court becomes aware of a malicious attack or the presence of malicious software on our sites, the Court will use reasonable and customary efforts to protect users against contamination of their systems when connected to our sites, and to identify, correct or remove any malicious software that is placed on the site. However, the Court cannot make any guarantees that malicious software will not affect/effect a user, and neither the Court nor our sites should be viewed as a substitute for the user to provide their own adequate security measures which may include, but is not limited to firewalls, virtual private network connections, and software to mitigate malicious computer code and software often referred to as malware, viruses, and trojan horses.
To the extent allowed by law, the City and County of Denver, the Court, and their subcontractors, employees, assignees, and heirs (jointly and severally referred to as “service providers”) shall not be liable to any user, user’s clients, customers or any other third-party for any of the following:
- Any claim(s) based upon a rejection of a document by the Court, allegations of defamation, libel, or slander contained in any document or content on the site; infringement of any intellectual or proprietary rights for any content on the site; or any content and format on any content on the site.
- Any loss, injury, claim, liability, or damage of any kind resulting from use of our sites; errors or omissions on our sites, delays in delivery, E-filing, e-Service, or electronic searches with the sites; unavailability or interruption of the sites and / or their features, in whole or in part; problems related to wireless or wired electronic connections of any type to the sites; alteration or destruction of any content on the sites as a result of unauthorized access by any authorized or unauthorized party; damages of any type to the user’s computer(s) and / or system(s) as a result of malicious software introduced to the sites.
- IN NO EVENT, SHALL THE SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER; INCLUDING WITHOUT LIMITATION, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF REVENUE(S), LOSS OF PROFIT(S), LOSS OR DAMAGE TO DATA OR OTHER INFORMATION; WHETHER OR NOT USER WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranty
The Court warrants that our sites and services provided use a commercially reasonable level of skill and care, to perform the functions and services set forth in the TOS, or the site.
OTHER THAN AS EXPRESSLY SET FORTH IN THE TOS, THE COURT MAKES NO SPECIFIC PROMISES ABOUT OUR SITES OR THE SERVICES THEY PERFORM. THE COURT DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION OR COMPLETENESS OF ANY CONTENT UPLOADED TO THE SYSTEM, DOES NOT WARRANT THAT CONTENT WILL BE RECEIVED BY OR READ BY THE INTENDED RECIPIENTS, WILL MEET THE USERS’ REQUIREMENTS OR EXPECTATIONS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
TO THE EXTENT ALLOWED BY LAW, THE COURT DOES NOT WARRANT, AND THEREBY EXCLUDES, ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF NON-INFRINGEMENT.