NYU Law Dispute Financing Library
Terms of Use

Welcome to NYU Law's Dispute Financing Library (the "Library"), a service provided by NYU Law's Center on Civil Justice. The Library will serve as a central repository of information on the dispute financing industry. It will host and index documents and other media files of interest to those in the industry or those doing research on the industry. In hosting these files, the Center on Civil Justice serves as a neutral party, and any positions reflected in any of the files hosted on the Library do not reflect an opinion of the Center.

Please read these Terms of Use carefully, because, together with the NYU Digital Privacy Statement they constitute the entire agreement ("Agreement") between you and NYU Law governing your use of the Library. If you do not assent to this Agreement, you are not authorized to use the Library. By using the Library after assenting to these terms, you confirm that you agree to them.

1.    Accounts and Security.

The Library is available for academic and scholarly use. You are responsible for all activities that occur in connection with your account and for maintaining the security of your account. You should take reasonable steps to guard the security of your account, including by keeping the username and password for your account confidential. You may not transfer your account or otherwise do anything to give another person access to it.

2.    Rights and Responsibilities Related to Content and Material on the Library.

The website the Library is hosted on is protected by United States and international copyright laws. The Library's contents, including User Content defined below ("Library Content") are protected by United States and international copyright laws, unless otherwise noted. You may access the Library's and Library Content for your academic and scholarly use solely as intended through the provided functionality of the Library and as permitted under this Agreement. You download Library Content only if we have provided a download tool—any other means of downloading, including "scraping," is prohibited. Any restrictions on copying, distributing, transmitting, publicly displaying, modifying, selling, transferring, creating derivative works from, or in any other way exploiting downloadable content, if any, will be noted when you download such content, and you must comply with any such limitations. If content cannot be downloaded via a download tool, viewing content on the Dispute Financing Library does not grant any rights to copy, distribute, transmit, publicly display, modify, sell, transfer, create derivate works from, or in any other way exploit such content, besides viewing the content on the site.

a.     Your User Content.

The Library allows users to share (i) documents in the public domain and (ii) documents to which they have the necessary rights, including copyright rights. The content provided by users to the Library is referred to in this Agreement as "User Content."

If you provide any User Content, you are entirely responsible for that User Content. You represent and warrant that (i) you have all of the rights necessary to submit your User Content to the Library and for NYU Law to use it in connection with the Library; (ii) your User Content does not and will not violate this Agreement or any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; and (iii) you are under no obligation that would in any way interfere with or prohibit disclosure or use of your User Content.

Our display of User Content does not mean that NYU Law endorses or adopts it. We have no obligation to display or use any User Content in any way or to pre-screen, monitor, modify, or delete User Content, but we may do so at any time without notice, including in the event that any User Content that violates this Agreement, our community guidelines, or the law. Any submitted user content may be subject to review and approval by NYU Law, and NYU Law maintains sole discretion over what User Content is ultimately posted. NYU Law is not responsible for any failure or delay in removing User Content that does not comply with this Agreement. We reserve the right to suspend or terminate your access to the Library, or otherwise restrict you from submitting new User Content or accessing the Library for any reason, including but not limited to repeated violations of this Agreement.

b.     License to NYU Law.

For clarity, you retain all of your ownership rights in the User Content you provide. By submitting User Content to the Library, you grant NYU Law an irrevocable, non-exclusive, royalty free, worldwide license to use the User Content in connection with the Library in accordance with this Agreement, in all formats and media in which the Library is available, which use includes but is not limited to reproducing, distributing, transmitting, publicly displaying and performing, modifying, translating, and incorporating the User Content into a collective work and allowing users to access and use the User Content in accordance with the Library’s functionality.

You may request to remove User Content from the Library by pressing the “Delete” button associated with that User Content; however, requests to delete must be approved by a site administrator, and neither New York University nor the Center on Civil Justice has an obligation to delete material upon request.

By posting User Content on the Library, you grant NYU Law the right to use your name for the purpose of attributing the User Content to you. You irrevocably release (on behalf of yourself and your successors, heirs, and executors) NYU Law from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, libel, or defamation) arising out of NYU Law’s use, as described in this Agreement, of (i) User Content you provide or (ii) your name or likeness in connection with your User Content.

You agree to indemnify and hold harmless NYU and its trustees, officers, employees and agents ("Indemnified Parties") against any and all liabilities, losses, damages, and costs (including reasonable attorneys' fees) arising out of or relating to (a) your breach of this Agreement; or (b) any allegation that any materials that you submit to us or transmit to the Library (including your User Content) infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party. Any Indemnified Party may, at its expense, assume the exclusive defense and control of any matter for which that Indemnified Party is entitled to indemnification, and you agree to provide it with whatever cooperation it reasonably requests.

3.     Guidelines for Participation.

In addition, we grant you access to the Library on the condition that you not undertake any of the following actions:

  1. Post or otherwise make available any User Content or other information that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene, or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics or otherwise objectionable or inappropriate;
  2. Use the Library to promote any business or commercial enterprise;
  3. Post or otherwise make available any confidential information without the authorization to do so; or spam, advertisements, solicitations, or other unsolicited commercial communication, except as otherwise expressly permitted by us;
  4. Restrict or inhibit any other person from using the Library;
  5. Transmit any software or other materials that contain any virus, worm, or other harmful or disruptive component or otherwise interfere with or disrupt the operation of the Library or servers or networks hosting or connected to the Library;
  6. Use the Library for any unlawful purpose or otherwise violate any applicable laws, rules or regulations in connection with your use of the Library;
  7. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble, or deface any portion of the Library;
  8. Remove any copyright, trademark or other proprietary notices in the Library;
  9. Use any crawler, bot, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, or in any way reproduce or circumvent the structure or presentation of the Library or the User Content;
  10. Harvest or collect information about the Library or its users; or
  11. "Frame" or "mirror" any part of the Library without our prior written authorization.

4.     Reporting Violations or Concerns.

If you believe that User Content or activity on the Library violates this Agreement or is illegal or inappropriate, or to report any other complaint related to the Library, you may hit the "report" button associated with that User Content or Activity, and we will review the complaint and the specified User Content or activity. Alternatively, contact us at termsofuse@disputefinancinglibrary.com with any complaints related to the Library, including but not limited to complaints regarding illegal or inappropriate content. If you would like to contact us regarding copyright infringement, you may provide a notice that complies with the Digital Millennium Copyright Act; guidance on how to provide such a notice can be accessed on our Copyright and Fair Use site.

5.     Trademarks.

"New York University", "NYU", "NY Law", and all related trademarks and trade names are the property of NYU and NYU retains all rights in them. You may not use our trademarks or trade names in any manner without our written authorization.

6.     Termination.

This Agreement will continue to apply until terminated in accordance with this Section. We may terminate this Agreement and your access to the Library at any time, at our sole discretion, if we believe that you have violated this Agreement or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Library in any way that violates this Agreement or any applicable laws or regulations. You acknowledge that upon any termination of your account, we may delete or disable access to any User Content you have provided. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, provisions relating to warranty disclaimers, indemnity and limitations of liability.

7.     No Warranties and Disclaimer of Liability.

Users are solely responsible for their use of the Library, and any of this Agreement breach by them, and all resulting liability. NYU Law cannot verify or guarantee that the information presented on the Library, including without limitation User Content, is accurate or complete and we will not be liable for any harm or damages arising from any content posted on the Library or your use of or inability to use or access the Library. The Library is provided on an “as is” and “as available” basis and you agree that you use the Library solely at your own risk.

NYU Law makes no representations or warranties of any kind, express or implied, regarding the availability, operation, or administration of the Library or any User Content, and to the full extent permitted by applicable law, NYU Law specifically disclaims all such warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose (even if that purpose has been disclosed). NYU Law reserves the right to modify, suspend, or discontinue the Library, with or without notice, at any time and without any liability to users.

Although we intend to take reasonable steps to prevent the introduction of viruses, worms, or other malicious code to the Library, we do not guarantee or warrant that the Library, or services or materials available through the Library, are free from such features. We are not liable for any damages or harm attributable to such features.

NYU Law and its trustees, officers, employees, agents, and affiliates are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions, or inaccuracies in the Library or any services or materials available through it, including without limitation loss or injury that results from your breach of any provision of this Agreement.

Under no circumstances will NYU Law or its trustees, officers, employees, agents, or affiliates be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business, or loss of data) arising out of or in connection with this Agreement or your use of the Library or materials or services available through the Library, regardless of the theory of liability, whether tort (including negligence), contract, or any other legal or equitable theory. Some states do not allow the limitation of liability for these kinds of damages, so these limitations or exclusions may not apply to you.

8.     General.

  1. This Agreement, which includes the NYU Digital Privacy Statement, is the complete agreement between you and NYU Law regarding your use of the Library and supersedes any prior understandings or agreements, whether written or oral, regarding its subject matter.
  2. Any dispute arising between you and NYU Law regarding the Agreement or your use or access of the Library is governed by the laws of the State of New York without reference to its conflict of law principles. You irrevocably agree to bring any claim or dispute relating to your use of the Library and this Agreement exclusively in the state and federal courts located in the State and County of New York, to submit to the exclusive personal jurisdiction of those courts, and to waive any jurisdictional, venue, or other objections to those courts, including those based on inconvenience.
  3. If a court of competent jurisdiction determines that any provision of this Agreement is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law. You may not assign or delegate your rights or privileges under this Agreement, and any attempt to do so is null and void.
  4. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will notify you of any changes to this Agreement in a manner commensurate with the nature of the changes. Your continued use of or access to the Library after being notified of changes will constitute your agreement to the modified Agreement.