CaseFileXpress eFiling

File & ServeXpress, LLC Agreement
Last Updated: 02/07/15

File & ServeXpress, LLC End User Agreement

IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this File & ServeXpress, LLC End-User Agreement (Agreement). This Agreement covers your use of the CaseFileXpress application owned by File & ServeXpress, LLC. 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 the CaseFileXpress application 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 File & ServeXpress, LLC, 105 Decker Court, Suite 150, Irving, Texas 75062.

This is an agreement between you and File & ServeXpress, LLC, a Texas limited liability company (FSX or File & ServeXpress). This agreement explains the basis upon which service and transactions between you and FSX will take place and our responsibilities toward each other regarding the CaseFileXpress application.

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 FSX 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 FSX, acknowledges to FSX that the individual(s) acting on behalf of the organization are authorized to do so and are bound by the terms of this Agreement. 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 FSX, whether or not the transactions were in your behalf.

You acknowledge that FSXs acceptance of any application made by you for services provided by FSX will take place at FSXs offices located in Irving, Texas, USA.

1. FEES
Unless otherwise agreed in a separate agreement between you and FSX, in consideration for the services and products (service) purchased by you and provided to you by FSX, you agree to pay FSX at the time service is provided using one of the payment options offered by FSX. FSX reserves the right to change the fees charged for service at any time in its discretion.

Payment for the above services is to be made by you pursuant to one of the payment options provided by FSX, including without limitation providing a valid credit card for charges by FSX. Payment for service rendered by FSX is non-refundable. If for any reason you do not pay for service provided, or FSX is unable to charge your credit card with the full amount owed FSX for the service provided, or if FSX is charged back for any fee it previously charged to the credit card you provided, you agree that FSX may pursue all available remedies in order to obtain payment. You agree that among the remedies FSX 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 the CaseFileXpress application, and (ii) your paying any amounts owed to FSX. 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 FSX may modify this Agreement from time to time for any reason in its discretion. FSX may also discontinue services it provides under this Agreement at any time in its discretion. You agree to be bound by any changes FSX may make to this Agreement when such changes become effective and your continued use of the services hereunder shall represent your acceptance of all changes. Should you elect to cancel this Agreement with FSX you will not receive a refund for any fees you may have paid to FSX.

You agree that FSX shall not be bound by any representations made by third parties who you may use to purchase services from FSX, and that any statements of a general nature, which may be posted on FSXs web site or be contained in FSXs promotional materials, will not bind FSX.

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. Failure by you, for whatever reason, to provide FSX 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 FSX 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 FSX 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 FSX rule or policy may be considered by FSX to be a material breach of this Agreement and that FSX may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide FSX with material evidence that you have not breached your obligations to FSX within ten (10) business days, FSX may terminate its relationship with you and take any remedial action available to FSX 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 FSX to you. No fees will be refunded to you should this Agreement be cancelled or services be discontinued because of a breach. FSXs 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 FSXs 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 FSX, or to allow or enable others, to use the services provided by FSX for the purposes of: (i) The transmission of unsolicited email (SPAM) or (ii) Repetitive, high volume inquiries into any of the services provided by FSX. FSX 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 FSX is not valid or the charges are refused for any reason, or you do not otherwise use a proper method for payment as set forth in this website or in any agreement between you and FSX, FSX 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 FSX, and that any credit card that you have provided to FSX is and remains valid. FSX 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 FSX by using a proper method of payment.

Nothing in this Section 5 shall limit FSXs 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, FILE & SERVEXPRESS, 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 FILE & SERVEXPRESS 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, FSX 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, FSX DOES NOT WARRANT THAT SERVICES PROVIDED UNDER THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT SUCH SERVICES WILL MEET CUSTOMERS REQUIREMENTS.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND CERTAIN OTHER DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FILE & SERVEXPRESS 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 FILE & SERVEXPRESS 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 FILE & SERVEXPRESS 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.

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 FSX regarding the services contemplated herein.

8. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN DALLAS 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 DALLAS COUNTY, TEXAS. THIS AGREEMENT IS PERFORMABLE IN DALLAS 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 FSX 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 FSX. Notices concerning breach will be sent either to the email address you have on file with FSX or mailed first class postage to the postal address you have on file with FSX. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from you to FSX shall be made either by email, sent to the address FSX provides on its web site, or first class mail to FSXs address on this website. Delivery shall be deemed to have been made by you to FSX five (5) days after the date sent.

10. DOCUMENT FILING COMPLETE
A document is deemed to be electronically transmitted to FSX when the user receives a trace number from FSX for the specific document filed. If no trace number is posted for the document, the user must retransmit the document and receive a trace number from FSX before the document can be considered electronically transmitted. FSX takes no responsibility for the contents or size of the filing.

Documents that are uploaded, but do not receive a trace number from FSX will be considered partial documents and undeliverable and they will be deleted from the CaseFileXpress application and must be retransmitted to FSX in order to receive a confirmation number and be considered electronically transmitted to the 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 Customers responsibility to immediately contact the Court and FSX and provide details of the document transmission, including the original filing receipt, which was generated at the time the filing was done with FSX, to enable FSX 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 and serve any necessary documents in the event that the e-filing service is unavailable or malfunctioning. Customer acknowledges that the timely filing and serving 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 and serving of any such documents. While FSX will use reasonable efforts to electronically file and serve any documents for which transaction fees have been paid, Customer agrees that neither FSX, nor any of its licensors, suppliers or contractors shall have any liability whatsoever associated with the filing and serving or failure to file and serve any documents submitted via the Website.

AT NO TIME WILL CONTACTING FILE & SERVEXPRESS AND ITS PERSONNEL BE CONSIDERED 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.

FILE & SERVEXPRESS 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.

FILE & SERVEXPRESS 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 provided by File & ServeXpress and is still governed by these same terms and conditions. All affiliate service providers are listed on the File & ServeXpress 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 FSX services.