Terms And Conditions

Welcome to Tribalex, the Eastern Band of Cherokee Indians (EBCI) Court Case Management Software developed by Beraten Software (“Beraten”). If you do not agree with these terms, you may not use the Software.

  1. Acceptance of Terms

    By accessing or using tribalex.azurewebsites.net (“TribaLex” or the "Software"), you (the "User") agree to comply with and be bound by the following Terms of Use. If you do not agree to these terms, you may not use the Software.

  2. Eligibility

    The Software is intended for use by authorized court and law enforcement personnel. By using the Software, you represent and warrant that you are authorized to access and use the Software in accordance with applicable laws and regulations.

  3. User Account
    • Registration: To use the Software, you are required to create an account. You agree to provide accurate, current, and complete information during the registration process.
    • Confidentiality: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Beraten Software at Support@beratensoftware.com immediately of any unauthorized use of your account.
  4. Permitted Use
    • Authorized Activities: You may use the Software solely for lawful purposes related to court management, including but not limited to case management, scheduling, document management, and communication within the court system.
    • Prohibited Activities: You agree not to:
      • Use the Software for any illegal or unauthorized purpose.
      • Access or attempt to access any unauthorized data, systems, or accounts.
      • Distribute, modify, or create derivative works based on the Software without prior written consent.
      • Interfere with or disrupt the operation of the Software.
  5. Data Privacy and Security
    • Data Collection: The Software may collect and process personal and sensitive data related to court cases and personnel. By using the Software, you consent to the collection, use, and storage of such data in accordance with Beraten Software’s Privacy Policy.
    • Security: Beraten implements reasonable security measures to protect the integrity and confidentiality of the data processed by the Software. However, Beraten and the EBCI cannot guarantee absolute security and is not liable for any data breaches or unauthorized access.
  6. Intellectual Property
    • Ownership: Nothing in these Terms of Use grants you rights to use any of EBCI or Beraten’s trademarks, logos, or other intellectual property.
    • Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Software or its documentation, nor may you reverse engineer or attempt to extract the source code of the Software.
  7. Third-Party Services

    The Software may integrate with third-party services or applications. Your use of such third-party services is subject to their respective terms and conditions. Neither Beraten nor EBCI is responsible for the performance or reliability of any third-party services.

  8. Disclaimers
    • No Warranty: The Software is provided "as is" and "as available," without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
    • Limitation of Liability: To the fullest extent permitted by law, Beraten and EBCI shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Software.
  9. Indemnification

    You agree to indemnify, defend, and hold harmless Beraten, the EBCI, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or related to your use of the Software or any violation of these Terms of Use.

  10. Termination
    • Termination by User: You may terminate your use of the Software at any time by ceasing to use the Software and notifying the Cherokee Clerk of Court at ebciclerk@ebci-nsn.gov.
    • Termination by EBCI: EBCI may terminate or suspend your access to the Software at any time, with or without cause, and with or without notice.
    • Effect of Termination: Upon termination, your right to use the Software will immediately cease, and you must destroy all copies of the Software in your possession.
  11. Governing Law

    These Terms of Use shall be governed by and construed in accordance with the laws of the Eastern Band of Cherokee Indians. Any legal action or proceeding arising under these Terms of Use shall be brought exclusively in the courts located in the Cherokee Tribal Court.

  12. Changes to Terms

    Beraten or EBCI reserves the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting the updated Terms of Use on the Software. Your continued use of the Software after any such changes constitutes your acceptance of the new Terms of Use.

  13. Contact Information

    If you have any questions or concerns about these Terms of Use, please contact Beraten Software at Support@beratensoftware.com.

  14. Acknowledgment and Consent of Electronic Service Pursuant to N.C. Rules of Civil Procedure

    By using this system, I acknowledge and agree that service of documents may be made electronically pursuant to N.C. R. Civ. P. 5(b), and that transmission through the Court’s electronic filing system constitutes valid service. By registering for, accessing, or using the Court’s electronic filing system, each user expressly consents to service by electronic means as authorized by Rule 5(b).

By using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.