maintained by John DeGroote Services, LLC, Trustee

 

Disclaimer

John DeGroote Services, LLC Terms of Service
Last updated: October, 2011

PLEASE READ THESE TERMS OF SERVICE (THE “TOS”). BY USING THIS SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO THE TERMS OF THIS TOS, PLEASE EXIT THIS SITE.

By using www.belawsuit.com (the “Web Site”), you warrant that you are 18 years old or older and agree to be bound by all of the terms in this TOS.  You may print and keep a copy of this TOS.

  1. Description of Service.  This site was created by John DeGroote Services, LLC (“JDS”) to provide information on the Complaint and resulting litigation against BearingPoint, Inc.’s former Chief Executive Officer and certain members of its Board of Directors (the “Service”).  The case is now pending before the United States District Court for the Eastern District of Virginia.
  2. Intellectual Property Rights.  All text, software (including source and object codes), visual, oral or other digital material, photographs, information, data, graphics and all other content of any description made available on the Web Site by BearingPoint JDS (the “Content”), and all copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned by  JDS or its licensors, and are protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States of America (“U.S.”).  As a user of this Web Site, you are granted a personal, nonexclusive, nontransferable, nonassignable, revocable, limited license to access and use the Web Site, Intellectual Property and Content solely for Personal Use (as such term is defined in Section 3).  Except as expressly provided in this TOS, nothing contained herein will be construed as conferring upon you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, laws or treaties.  All present and future rights in, and title to, the Web Site are reserved to JDS for its exclusive use.
  3. Limitations on Use. You may not use the Web Site or the Content for any illegal purpose or in any manner inconsistent with this TOS. The Content on this Web Site is for Personal Use only and not for commercial exploitation.  As used in this TOS, “Personal Use” means only your use for informational purposes as a creditor of BearingPoint, Inc. where the term “creditor” has the definition given it in 11 U.S.C. §101(10).  Any other activity or use is an “Unauthorized Use” and may result in civil or criminal liability.
  4. Errors and Corrections. JDS does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected; however, it will make reasonable efforts to correct any such problems if notified by a User. Notice of such problems, with as much detail as possible, should be sent to be@johndegroote.com.  JDS may make change the Web Site at any time.
  5. DISCLAIMERS. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. JDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, INTEGRATION OR PERFORMANCE AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.  JDS DOES NOT WARRANT THAT (A) THE WEB SITE OR CONTENT WILL FUNCTION AS DESCRIBED, BE UNINTERRUPTED OR ERROR FREE; OR (B) THE WEB SITE OR CONTENT WILL BE AVAILABLE UPON REQUEST WITHOUT FAILURE OR INTERRUPTION.
  6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL JDS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR CONTENT. JDS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEB SITE OR CONTENT INCLUDING, WITHOUT LIMITATION (A) ANY ERRORS IN, OR OMISSIONS FROM, THE WEB SITE AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES, TRANSLATIONS, AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR THIRD PARTY SERVICES THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE WEB SITE OR CONTENT (OR ANY PORTION THEREOF); OR (D) YOUR USE OF, OR INABILITY TO USE, THE WEB SITE.
  7. Remedies for Violations. JDS reserves the right to seek any and all remedies available at law, in equity or otherwise for violations of this TOS including, but not limited to, the right to block access from a particular Internet address to the Service, to suspend your right to use the Web Site and the Content, and to terminate this TOS in its entirety.
  8.  Termination.   JDS may terminate access to the Web Site and/or the Service for cause or convenience immediately by, at its option, posting a notice on the Web Site or providing other  notice to you.
  9. Governing Law; Dispute Resolution. This TOS is governed by, and construed in accordance with, the laws of the State of Texas without giving effect to conflicts-of-law principles thereof.  JDS does not represent that the Web Site or the Content are appropriate or available for use in countries outside the U.S. If you choose to access the Service from outside the U.S., you are responsible for compliance with foreign and local laws, if applicable. Any dispute arising out of or relating to this TOS, including the breach, termination or validity thereof shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention & Resolution Rules for Non-Administered Arbitration currently in effect, by a sole arbitrator.  The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The place of arbitration shall be Dallas, Texas
  10. GeneralJDS is not liable for any losses arising out of the delay or interruption of its performance of obligations, including without limitation delays or interruptions due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Web Site by a third party, or other catastrophes or occurrences that are beyond JDS‘s control.  Your use of the Web Site is subject to JDS’s Privacy Policy, available through this link and from any page on the Web Site.  This TOS incorporates by reference the Privacy Policy, and together they constitute the entire agreement with respect to access to, and use of, the Service. If any provision of this TOS is unlawful, void or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect their validity and enforceability.  JDS reserves the right to change this TOS at any time. Updated versions of the TOS will appear on the Web Site and are effective immediately. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes constitutes your consent to such changes.  The section titles in the TOS are used solely for the convenience of you and JDS, and they have no legal or contractual significance.  Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.  Any notice or other communication required under this TOS will be in English.  You represent, certify and warrant that you are familiar with and will comply in all respects with all U.S. laws, regulations, and administrative requirements applicable under this TOS, including but not limited to the Export Administration Act (EAA), the Export Administration Regulations (EAR), the International Emergency Economic Powers Act (IEEPA), the antiboycott and embargo regulations and guidelines issued under the EAA, and the regulations of the U.S. Department of the Treasury, Office of Foreign Assets Control.  JDS reserves the right to investigate complaints or reported violations of the TOS and to take any action JDS deems 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.