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IMPORTANT-READ CAREFULLY:
Be sure to carefully read and understand
all of the rights and restrictions described
in this CaseFileXpress, L.P. End-User Agreement
("Agreement"). You will be asked
to review and either accept or not accept
the terms of the Agreement. You will not
have access to or be able to use CaseFileXpress
unless or until you accept the terms of
this Agreement.
Your click of the "I accept" button
is a symbol of your signature that you accept
the terms of the Agreement. You may also
receive a copy of this Agreement by contacting
the CaseFileXpress, L.P. affiliate serving
your area, or write: CaseFileXpress, L.P.,
105 Decker Court, Suite 150, Irving, Texas 75062.
This is an agreement between "you"
and CaseFileXpress, L.P., a Texas limited
partnership ("CFX" or "CaseFileXpress").
This agreement explains the basis upon which
the CaseFileXpress service subscriptions
and transactions between you and CFX will
take place and our responsibilities toward
each other.
The terms "you" and "Customer"
shall refer to yourself and/or your organization.
The individual entering into this Agreement
on behalf of an organization represents
to CFX that he or she is authorized to do
so on behalf of the organization. The organization,
by entering into this Agreement and using
the services of CFX, acknowledges to CFX
that the individual(s) acting on behalf
of CFX are authorized to do so. By entering
into this Agreement, in addition to transactions
entered into by you on your behalf, you
also agree to be bound by the terms of this
Agreement for transactions entered into
on your behalf by anyone acting as your
agent. You also agree to be bound by the
terms of this Agreement for transactions
entered into by anyone who uses the account
you've established with CFX, whether or
not the transactions were in your behalf.
You acknowledge that CFX's acceptance of
any application made by you for services
provided by CFX will take place at CFX's
offices located in Austin, Texas, USA.
1. FEES
Unless otherwise agreed in a separate agreement
between you and CFX, in consideration for
the services and products ("service")
purchased by you and provided to you by
CFX, you agree to pay CFX at the time service
is provided using one of the payment options
offered by CFX. CFX reserves the right to
change the fees charged for service at any
time in its discretion. Payment is to be
made by you pursuant to one of the payment
options provided by CFX, including without
limitation providing a valid credit card
for charges by CFX. Payment for service
is non-refundable. If for any reason you
do not pay for service provided by CFX,
or CFX is unable to charge your credit card
with the full amount owed CFX for the service
provided, or if CFX is charged back for
any fee it previously charged to the credit
card you provided, you agree that CFX may
pursue all available remedies in order to
obtain payment. You agree that among the
remedies CFX may pursue in order to effect
payment, shall include but will not be limited
to, immediate cancellation without notice
to you of any subscriptions or service transactions.
2. TERM OF AGREEMENT;
MODIFICATIONS
The term of this Agreement shall continue
in full force and effect until the later
of (i) your ceasing to be a registered user
of CaseFileXpress, and (ii) your paying
any amounts owed to CFX. Notwithstanding
the foregoing, the provisions of Sections
1, 2, 5, 6, 7, 8, 9, 10, 11, 12 and 13 shall
survive beyond the term of this Agreement.
You agree that CFX may modify this Agreement
from time to time for any reason in its
discretion. CFX may also discontinue services
it provides under this Agreement at any
time in its discretion. You agree to be
bound by any changes CFX may make to this
Agreement when such changes become effective.
Should you elect to cancel this Agreement
with CFX you will not receive a refund for
any fees you may have paid to CFX.
You agree that CFX shall not be bound by
any representations made by third parties
who you may use to purchase services from
CFX, and that any statements of a general
nature, which may be posted on CFX's web
site or be contained in CFX's promotional
materials, will not bind CFX.
3. UP TO DATE INFORMATION;
USE OF INFORMATION
You agree that it is your responsibility
to keep any and all of the information you
provided as part of the application and/or
registration process in a current and accurate
status. You agree to notify CFX on the earlier
of your next filing with CFX or in 5 business
days when any of the information you provided
as part of the application and/or registration
process changes. It is your responsibility
to keep this information in a current and
accurate status. Failure by you, for whatever
reason, to provide CFX with accurate and
reliable information on an initial and continual
basis, shall be considered to be a material
breach of this Agreement. Failure by you,
for whatever reason, to respond within five
(5) business days to any inquiries made
by CFX to determine the validity of information
provided by you, shall also be considered
to be a material breach of this Agreement.
4. SUSPENSION OF SERVICES;
BREACH OF AGREEMENT
You agree that, in addition to other events
set forth in this Agreement, your ability
to use any of the services provided by CFX
is subject to cancellation or suspension
in the event there is an unresolved breach
of this Agreement and/or suspension or cancellation
is required by any policy now in effect
or adopted later.
You agree that your failure to comply completely
with the terms and conditions of this Agreement
and any CFX rule or policy may be considered
by CFX to be a material breach of this Agreement
and that CFX may provide you with notice
of such breach either in writing or electronically
(i.e. email). In the event you do not provide
CFX with material evidence that you have
not breached your obligations to CFX within
ten (10) business days, CFX may terminate
its relationship with you and take any remedial
action available to CFX under the applicable
laws. Such remedial action may be implemented
without notice to you and may include, but
is not limited to, discontinuing any services
provided by CFX to you. No fees will be
refunded to you should this Agreement be
cancelled or services be discontinued because
of a breach. CFX's failure to act upon or
notify you of any event, which may constitute
a breach, shall not relieve you from or
excuse you of the fact that you have committed
a breach.
Nothing in this Section 4 shall limit CFX's
right under Section 2 to discontinue services
under this Agreement.
5. RESTRICTION OF SERVICES;
RIGHT OF REFUSAL
You agree not to use the services provided
by CFX, or to allow or enable others, to
use the services provided by CFX for the
purposes of: (i) The transmission of unsolicited
email (SPAM) or (ii) Repetitive, high volume
inquires into any of the services provided
by CFX. CFX may also cancel the services
at any time without notice if service is
being used in association with spam or morally
objectionable activities. Morally objectionable
activities will include, but not be limited
to: activities designed to defame, embarrass,
harm, abuse, threaten, slander or harass
third parties; activities prohibited by
the laws of the United States and/or foreign
territories in which you conduct business;
activities designed to encourage unlawful
behavior by others, such as hate crimes,
terrorism and child pornography; activities
that are tortuous, vulgar, obscene, invasive
of the privacy of a third party, racially,
ethnically, or otherwise objectionable;
activities designed to impersonate the identity
of a third party; and activities designed
to harm minors in any way. No fees will
be refunded to you should this Agreement
be cancelled or services be discontinued
because of a breach.
If the credit card provided by you to CFX
is not valid or the charges are refused
for any reason, or you do not other use
a proper method for payment as set forth
in this website or in any agreement between
you and CFX, CFX may refuse to accept the
document for filing. It is solely your responsibility
to ensure that you have paid via a proper
method for payment as set forth in this
website or in any agreement between you
and CFX, and that any credit card that you
have provided to CFX is and remains valid.
CFX may notify you that your payment method
is not proper, or that any credit card has
been rejected or has expired as a courtesy
to you, but this in no way modifies your
obligation to pay the fees charged for services
provided by CFX by using a proper method
of payment.
Nothing in this Section 5 shall limit CFX's
right under Section 2 to discontinue services
under this Agreement.
6. Disclaimers &
Warranties
DISCLAIMER OF REPRESENTATIONS, WARRANTIES
AND CONDITIONS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, CASEFILEXPRESS AND ITS SUPPLIERS PROVIDE
TO YOU THE WEBSITE, THE ELECTRONIC FILING
SERVICE PROVIDER ("EFSP") COMPONENTS,
AND ANY (IF ANY) SUPPORT SERVICES RELATED
TO THE EFSP COMPONENTS ("SUPPORT SERVICES")
AS IS AND WITH ALL FAULTS; AND CASEFILEXPRESS
AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT
TO THE EFSP COMPONENTS AND SUPPORT SERVICES
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
WHETHER ORAL OR WRITTEN, OR EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, ANY (IF ANY) WARRANTIES OR CONDITIONS
OF OR RELATED TO: MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, LACK OF VIRUSES,
ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS,
WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE.
ALSO, CFX FURTHER DISCLAIMS ANY WARRANTY,
DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NONINFRINGEMENT. THE ENTIRE RISK ARISING
OUT OF USE OR PERFORMANCE OF THE EFSP COMPONENTS
AND ANY SUPPORT SERVICES REMAINS WITH YOU.
IN FURTHERANCE OF AND NOT IN LIMITATION
OF THE FOREGOING, CFX DOES NOT WARRANT THAT
SERVICES PROVIDED UNDER THE WEBSITE WILL
BE UNINTERRUPTED, ERROR FREE, OR THAT SUCH
SERVICES WILL MEET CUSTOMER'S REQUIREMENTS.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL CASEFILEXPRESS OR
ITS SUPPLIERS, LICENSORS AND/OR CONTRACTORS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF
USE, LOSS OF REVENUE, LOSS OF CONFIDENTIAL
OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION,
PERSONAL INJURY, LOSS OF PRIVACY, FAILURE
TO MEET ANY DUTY (INCLUDING OF GOOD FAITH
OR OF REASONABLE CARE), NEGLIGENCE, AND
ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO
THE USE OF OR INABILITY TO USE THE WEBSITE,
EFSP COMPONENTS OR THE SUPPORT SERVICES,
OR THE PROVISION OF OR FAILURE TO PROVIDE
THE WEBSITE, EFSP COMPONENTS OR SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN CONNECTION
WITH ANY PROVISION OF THIS AGREEMENT, EVEN
IF CASEFILEXPRESS OR ANY SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT
INCUR FOR ANY REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES REFERENCED
ABOVE AND ALL DIRECT OR GENERAL DAMAGES),
THE ENTIRE LIABILITY OF CASEFILEXPRESS AND
ANY OF ITS SUPPLIERS, LICENSORS AND/OR CONTRACTORS
UNDER ANY PROVISION OF THIS AGREEMENT AND
YOUR EXCLUSIVE REMEDY FOR ANY AND ALL OF
THE FOREGOING DAMAGES, WHETHER BASED ON
CONTRACT, TORT OR OTHERWISE, SHALL BE STRICTLY
LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE INDIVIDUAL FILING, EXCLUSIVE
OF COURT COSTS, OR U.S.$5.00. IF ANY REMEDY
HEREUNDER IS DETERMINED TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE, ALL DISCLAIMERS AND
EXCLUSIONS OF REPRESENTATIONS, WARRANTIES,
CONDITIONS AND DAMAGES, AND LIMITATIONS
OF LIABILITY, DAMAGES AND REMEDIES, SET
FORTH HEREIN SHALL REMAIN IN EFFECT.
BearingPoint, Inc. is a direct and intended
third party beneficiary of the disclaimers,
exclusions and limitations of liability
under this Agreement.
7. SEVERABILITY; ENTIRETY
You agree that the terms of this Agreement
are severable. If any part of this Agreement
is determined to be unenforceable or invalid,
that part of the agreement will be interpreted
in accordance with applicable law as closely
as possible, in line with the original intention
of both parties of the agreement. The remaining
terms and conditions of the agreement will
remain in full force and effect.
You agree that this Agreement constitutes
the complete and only agreement between
you and CFX regarding the services contemplated
herein.
8. VENUE; WAIVER OF
TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO
IN TRAVIS COUNTY, TEXAS. THE LAWS AND JUDICIAL
DECISIONS OF THE STATE OF TEXAS (OTHER THAN
LAWS AND JUDICIAL DECISIONS CONCERNING CONFLICTS
OF LAWS), SHALL BE USED TO DETERMINE THE
VALIDITY, CONSTRUCTION, INTERPRETATION AND
LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE
THAT ANY ACTION RELATING TO OR ARISING OUT
OF THIS AGREEMENT, SHALL BE BROUGHT EXCLUSIVELY
IN THE COURTS OF TRAVIS COUNTY, TEXAS. THIS
AGREEMENT IS PERFORMABLE IN TRAVIS COUNTY,
TEXAS.
YOU AGREE TO AND HEREBY WAIVE THE RIGHT
TO TRIAL BY JURY IN ANY PROCEEDING THAT
TAKES PLACE RELATING TO OR ARISING OUT OF
THIS AGREEMENT.
9. NOTICES
You agree that all notices (except for notices
concerning breach of this Agreement) from
CFX to you may be posted on our web site
and will be deemed delivered within thirty
(30) days after posting, but in no event
later than the date of your next filing
through CFX. Notices concerning breach will
be sent either to the email address you
have on file with CFX or mailed first class
postage to the postal address you have on
file with CFX. In both cases, delivery shall
be deemed to have been made five (5) days
after the date sent.
Notices from you to CFX shall be made either
by email, sent to the address CFX provides
on its web site, or first class mail to
CFX's address on this website. Delivery
shall be deemed to have been made by you
to CFX five (5) days after the date sent.
10. DOCUMENT FILING
COMPLETE
A document is deemed to be electronically
transmitted to CFX when the user receives
a confirmation number from CFX for the specific
document filed. If no confirmation is posted
for the document, the user must retransmit
the document and receive a confirmation
number from CFX before the document can
be considered electronically transmitted.
CFX takes no responsibility for the contents
or size of the filing.
Documents that are uploaded, but do not
receive a confirmation number from CFX will
be considered partial documents and undeliverable
and they will be deleted from the CaseFileXpress
service and must be retransmitted to CFX
in order to receive a confirmation number
and be considered electronically transmitted
to the CFX, Electronic Filing Manager or
court in which such document is to be filed
(a "Court").
Customer is solely responsible for loading
and transmitting documents correctly and
in a timely fashion, for confirming the
Filing Receipt and for checking email for
rejected filings or documents. For all Customer
filings in the District of Columbia, if
Customer does not receive an email confirmation
within (3) days (or before the expiration
of any filing or service deadline) documenting
receipt of the filing by the Court, it is
the Customer's responsibility to immediately
contact the Court and CFX and provide details
of the document transmission, including
the original filing receipt, which was generated
at the time the filing was done with CFX,
to enable CFX to determine what action should
be taken, and if necessary to manually file
and serve such documents before the expiration
of any applicable deadline. Customer waives
and releases any claims based upon errors,
defaults, or omissions if Customer fails
to provide notice and/or resubmit to the
Clerk of the Court and perform any necessary
services as set forth in this paragraph.
11. CONVENIENCE SERVICE
With respect to jurisdictions in which Customer
is not required to use the e-filing for
Courts system, Customer agrees that the
e-filing service is a convenience service,
and that Customer can make and will have
available to it alternative arrangements
to file any necessary documents in the event
that the e-filing service is unavailable
or malfunctioning. Customer acknowledges
that the timely filing of motions, briefs,
and other documents in compliance with statutes,
regulations. court rules, and orders requires
the professional judgment of an attorney,
and that attorneys appearing in a case are
ultimately responsible for the timely filing
of any such documents. While CFX will use
reasonable efforts to electronically file
any documents for which transaction fees
have been paid, Customer agrees that neither
CFX, nor any of its licensors. suppliers
or contractors shall have any liability
whatsoever associated with the filing or
failure to file of any documents submitted
via the Website.
AT NO TIME WILL CONTACTING CASEFILEXPRESS
AND ITS PERSONNEL BE CONSIDER GIVING LEGAL
ADVICE. IT IS NOT THE INTENT OF THIS SITE
TO GIVE LEGAL ADVICE. IT IS SOLELY THE INTENT
OF THIS SITE AND ITS PERSONNEL TO ASSIST
YOU IN eFILING AND eSERVICE.
CASEFILEXPRESS IS NOT RESPONSIBLE FOR ANY
MISINTERPERTATIONS OF THE RULES GOVERNING
eFILING NOR THE RESULTS FROM SUCH MISINTERPERTATION.
IT IS THE DUTY OF THE FILER TO READ THE
RULES AND FOLLOW THE INSTRUCTIONS.
CASEFILEXPRESS PERSONNEL WILL ASSIST IN
NAVIGATION OF THE WEB SITE BUT IT IS NOT
TO BE CONSIDERED LEGAL ADVICE IN ANY MANNER
WAY SHAPE OR FORM.
12. AFFILIATES
You understand that by using any listed
affiliate service providers that the underlying
service is CaseFileXpress provided by CaseFileXpress
and is still governed by these same terms
and conditions. All affiliate service providers
are listed on the CaseFileXpress website.
13. ACCEPTANCE
You must signify your acceptance of all
of the terms and conditions herewith by
clicking the "I ACCEPT" button.
If you do not agree to the terms and conditions,
please close this window and do not attempt
to use CFX services.
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