PLEASE READ THE USER AGREEMENT (the “Agreement”) BELOW AND BY USING THIS SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE EXIT THIS SITE.
TrueFiling™ is a website (“The Website”) owned and operated by i3-ImageSoft, LLC., a Delaware Corporation (“Service Provider”) and an Electronic Filing Service Provider (“EFSP”). Service Provider has contracted with various courts, court clerks or other government agencies having management of court operations (“Receiving Entity”) to deliver electronic filing of documents and providing document service to participating parties.
Service Provider may change the terms in this Agreement at any time. When the terms are changed, Service Provider will notify you by placing a notice on the Website; any such changes shall apply to any use of the Website after the point in time when such change is posted. The changes also will appear in this document, which you can access at any time from Service Provider’s website. If you use the Website after notification of a change in the Agreement, you are deemed to have accepted all of the changes and will be bound by all such changes, in addition to the terms which have not changed.
The Website provides capabilities that permit public filers to electronically file documents with Receiving Entities and electronically serve documents on other parties participating in the electronic filing program (“The Service”). The Service may also offer features, such as the ability to purchase documents (certified or non-certified) from a Receiving Entity or other government agency. Service Provider may alter or remove features and functions of the Service at any time, without notice. The Service is only available to entities or individuals who agree to, and abide by, the terms and conditions of this Agreement. You, as the party using the Service (referred to herein as “you” or “User”) are responsible for all acts and omission of all individuals accessing or using the Service on your behalf.
The Service Provider is authorized by the Receiving Entity to collect fees on their behalf. This Agreement is between you and the Service Provider; with sections at the bottom providing terms that are unique to an individual Receiving Entity, if applicable.
When you log on to this Website and submit a filing, the Service Provider will electronically convert your document(s) to Adobe PDF format and transmit your document(s) and data to the Receiving Entity’s electronic file management system where Receiving Entity staff will review the document for acceptance. The Receiving Entity may accept the filing, or reject it, and their decision is independent of The Service. Issues or questions related to the Receiving Entity’s review process should be directed to the Receiving Entity. The Receiving Entity may also ask for additional information for the filing. IN ALL CASES YOUR DOCUMENT IS NOT OFFICIALLY FILED WITH THE RECEIVING ENTITY UNTIL YOU RECEIVE CONFIRMATION ALONG WITH A RETURN COPY OF THE FILED DOCUMENT AND UNTIL ANY RELATED PAYMENTS ARE RECEIVED AND ACCEPTED. BECAUSE THE UPLOADED FILE UNDERWENT A CONVERSION FROM ITS ORIGINAL FORMAT, AND CONVERSIONS ARE NOT GUARANTEED TO BE 100% ACCURATE, IT IS YOUR RESPONSIBILITY TO REVIEW THE RETURNED COPY OF THE FILED DOCUMENT TO ENSURE COMPLETENESS AND ACCURACY. IF THERE IS AN ISSUE WITH THE RETURN COPY, PLEASE CONTACT THE RECEIVING ENTITY IMMEDIATELY TO IDENTIFY THE ISSUE.
As a User, you agree to provide the Service Provider with accurate, complete information during your initial log-in. If you are a practicing attorney, then your state-issued attorney identification number is required. It is your responsibility to inform the Service Provider of any changes to such information.
Each Username is solely for one designated person. You agree to not permit: a) any other person to use the Service under a Username designated for another person; or b) access the Service through a single Username to be made available to multiple users. You agree that you will maintain the password as private and confidential information. You are responsible for all use of the Service or the Website that is accessed through your Username and password, and are responsible for preventing such unauthorized use. If you believe an unauthorized use has occurred, you are required to notify Service Provider immediately by sending an e-mail to support@truefiling.com. You warrant that you are not a “minor” as defined by applicable law. Any use of this service by a minor or by any unregistered person is an unauthorized use (“Unauthorized Use”). If an Unauthorized Use does occur, you will be fully responsible for any minor or any unregistered person whom you permit to use the Service; you will defend, indemnify, and hold Service Provider harmless from and against any and all claims, liability or expenses arising out of an Unauthorized Use of the Website or Service.
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 available on the Website, or included in the Service (collectively, 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 the Service Provider or their respective 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.”). The Service may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You may only use the Content, Service, or Intellectual Property, or access the Website, as expressly permitted in this Agreement and for no other purposes. Except as expressly provided in this Agreement, nothing contained herein shall 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. Furthermore, you may not use any of the Service Provider’s trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to, or are associated with, you or are used with the Service Provider’s consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. All present and future rights in, and title to, the Service (including database rights and the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to the Service Provider for its exclusive use.
Subject to your acceptance and compliance with this Agreement and any other restrictions or conditions set forth in this Agreement, you are granted a personal, nonexclusive, nontransferable, nonassignable, revocable, limited license to access and use the Website, Service and Content solely for the purpose defined herein and as defined in the published user documentation. The Service Provider may terminate this license at any time for any reason.
You may not use the Service or the Content for any illegal purpose or in any manner inconsistent with this Agreement. Any such activity or use is an “Unauthorized Use”. An Unauthorized Use also includes, but is not limited to, performing, or carrying out, any of the prohibited acts set out in this Section. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content, nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or the Content without the Service Provider’s prior written permission. You may not copy, modify, reproduce, download, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website or the Content, except to the extent permitted in this Agreement. You may not upload to the Website any data, material, code, virus, or any other digital information that is intended to, or has the effect of, rendering all or parts of the Website or the Content ineffective, unavailable, or unusable, or which uses, or attempts to use, the Website for any purpose not intended by the Service Provider. You may not use or otherwise export or re-export the Website or any portion thereof, or the Content or any software available on or through the Website, in violation of the export control laws and regulations of the United States of America or any other country in which you may be using the Website. You will not alter or remove any trademark, copyright or other notice from any copies of the Content. You may not sublicense, assign, sell or transfer this license. Any Unauthorized Use of the Website, Service or Content is prohibited. Your violation of any of the foregoing provisions constitutes Unauthorized Use, and may result in civil or criminal liability.
Any content that you submit to the Website immediately becomes the property of the Receiving Entity, whether it is accepted or not, and you may not restrict its use by Receiving Entity in any way.
Data stored within the Service is considered transient in nature, and the Service should not be relied upon as a permanent storage mechanism. Recovery of data that is deleted, either intentionally, or accidentally may not be possible. Service Provider reserves the right to charge a reasonable fee to attempt the recovery of User data and makes no guarantee that recovery will be successful. The User has sole responsibility for protecting and managing all data that the User creates, sends or receives through the use of the Service. Service Provider is not responsible for any failure of the Service to store or send files, or for the deletion, corruption, or loss of any data sent using the Service. THE SERVICE RESERVES THE RIGHT TO AUTOMATICALLY PURGE DATA CONTENT AFTER A CONFIGURED TIMEFRAME (OLDER THAN 180 DAYS) AND/OR TO ALTER THE CONFIGURED TIMEFRAME AT ANY TIME.
You are solely responsible for your information. In connection with the Services and Content, you will not: (a) post, submit or otherwise do anything with the Service, Content, or Website that is unlawful, harmful, tortious, defamatory, profane, obscene, libelous, hateful or offensive to the average user; (b) violate or infringe upon the proprietary or other rights of any individual or third party; (c) violate any applicable rules or orders of the Court; or (d) use the Service for the electronic filing or serving of any documents not permitted by the Receiving Entity; or (e) defeat or attempt to defeat the security of the system or in any way access information in a way that is outside of the Website’s intended operation as defined within the applicable user documentation; or (f) sell or sublicense access to the Service or Website content without written permission of the Service Provider.
User agrees that it is their sole obligation to abide by the laws and rules that are relevant to the delivery of information to the Receiving Entity to which they are filing. In particular, most courts have rules that prohibit the delivery of Personal Identifying Information (PII) such as Social Security Numbers, Date of Birth, etc.; and Protected Health Information (PHI) such as medical records. SERVICE PROVIDER DOES NOT IN ANY WAY REVIEW OR FILTER THE CONTENT THAT IS UPLOADED BY USER AND USER IS SOLELY RESPONSIBLE FOR THE CONTENT UPLOADED AND AGREES TO INDEMNIFY SERVICE PROVIDER AGAINST ANY CLAIMS ARISING FROM INFORMATION UPLOADED THROUGH THE USE OF SERVICE.
Neither the Service Provider nor the Receiving Entity represent or warrant that the Website or Service will be error-free, free of viruses or other harmful components, or that defects will be corrected. Neither the Service Provider nor the Receiving Entity represent or warrant that the Content will be correct, accurate, timely, or otherwise reliable.
In the event a for-fee transaction is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information received from the Receiving Entity, Receiving Entity shall have the right to change, refuse or cancel any transaction submitted at the incorrect price. Receiving Entity shall have the right to change, refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged Receiving Entity shall notify you and depending on the situation, either issue a credit to your credit card account or request authorization for additional charges to be applied to the credit card account.
A. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS. SERVICE PROVIDER AND THE RECEIVING ENTITY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER.
B. ALTHOUGH LEGALLY RELATED MATERIAL IS PART OF THE CONTENT AND MADE AVAILABLE THROUGH THE WEB SITE, NEITHER THE SERVICE PROVIDER NOR THE RECEIVING ENTITY ARE PROVIDING YOU LEGAL ADVICE, AND NEITHER IS ENTERING INTO A CONFIDENTIAL AND/OR PRIVILEGED RELATIONSHIP WITH YOU.
A. With respect to jurisdictions in which User is not required to use the Service, User agrees that the Service is a convenience service, and that User can make alternative arrangements to file any necessary documents in the event that the Service is unavailable or malfunctioning. User acknowledges that the timely filing and serving of motions, briefs, and other documents in compliance with statutes, regulations, Receiving Entity rules, and order 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 Service Provider will use reasonable efforts to electronically file and serve any documents for which transaction fees have been paid, User agrees that neither Service Provider nor any of its licensors, suppliers or contractors shall have any liability whatsoever associated with the filing, serving of, or failure to file or serve of any documents submitted via the Service except for the damages permitted by Section 12.B below.
B. NEITHER SERVICE PROVIDER, NOR ANY OF THEIR RESPECTIVE SUPPLIERS, LICENSORS OR CONTRACTORS SHALL HAVE ANY LIABILITY TO USER WITH RESPECT TO THIS AGREEMENT OR OTHERWISE, INCLUDING ANY LIABILITY FOR FINES, PENALTIES, DISPUTES OVER FEES, DEPOSITS, COMMISSIONS, CHARGES FOR GOODS OR SERVICES, THIRD PARTY COSTS OF CORRECTING, PERFORMING OR RE-PERFORMING ANY WORK OR OTHER ACTIVITY, CONTRACTUAL DAMAGES, LOSS OF BUSINESS OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SERVICE PROVIDER, NOR ANY OF THEIR RESPECTIVE SUPPLIERS, LICENSORS OR CONTRACTOR’S AGGREGATE LIABILITY FOR DIRECT DAMAGES EXCEED THE TRANSACTION FEES PAID BY USER TO SERVICE PROVIDER, EXCLUSIVE OF COURT FEES, FOR THE RELEVANT TRANSACTIONS GIVING RISE TO SUCH CAUSE OF ACTION.
C. Waiver and Release of Claims. User is solely responsible for uploading and transmitting documents correctly and in a timely fashion, for confirming the filing charges on the receipt, and for checking and responding to notifications [1], email or otherwise. User is responsible to confirm that a filing was delivered and received by the Receiving Entity by entering the Website and checking the status. If User cannot confirm that the filing has been received by the Receiving Entity within three (3) days (or before the expiration of any filing or service deadline) , it is recommended that the User immediately contact the Receiving Entity and the Service Provider and provide details of the document transmission, including the original filing or service receipt, which was generated at the time the filing or service was done with the Service Provider, to enable the Service Provider to determine what action should be taken, and if necessary to manually file and serve such documents before the expiration of any applicable deadline. User waives and releases any claims based upon errors, defaults, or omissions if User fails to provide notice and/or resubmit to the Receiving Entity and perform any necessary services as set forth in this paragraph.
The Service Provider and the Receiving Entity reserve the right to investigate complaints or reported violations of the Agreement and to take any appropriate action 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 relating to User profiles, e-mail addresses, usage history, IP addresses and traffic information.
The Service Provider reserves the right to allow third parties to provide any necessary services to the Service Provider and/or to Users to enable the Service Provider to provide the Service.
The Service Provider and the Receiving Entity reserve the right to seek any and all remedies available at law and in equity for violations of this Agreement including, but not limited to, the right to block access from a particular Internet address to the Website.
This Agreement is governed by, and construed in accordance with, the laws of the State in which the Receiving Entity is primarily located, USA without giving effect to conflicts-of-law principles thereof, except that applicable Court rules and orders shall apply to the Service insofar as they prescribe the types of documents and service that can be accomplished by way of the Service, rules or conditions applicable to the use of the Service or otherwise expressly establish or limit an entity’s rights or remedies regarding the Service. You agree that any dispute, controversy or claim arising out of or relating to the Agreement shall be settled by arbitration in County and State in which the Receiving Entity is primarily located, in accordance with the rules of the American Arbitration Association (“AAA”) Commercial Arbitration Rules in effect as of the date of the events giving rise to the dispute. The arbitrator(s) shall apply the substantive laws of the United States of America and the State in which the Receiving Entity is primarily located to decide the dispute. The Parties shall choose, by mutual agreement, one (1) neutral arbitrator to hear the dispute. If the Parties cannot agree on the selection of the arbitrator within thirty (30) days after a demand for arbitration has been served, the arbitrator(s) shall be selected by the American Arbitration Association. The arbitrator shall be authorized to award only those damages which are permitted in this Agreement, subject to any disclaimers of damages and liability limits set forth in this Agreement, but the arbitrator shall not have the authority to reform, modify or materially change this Agreement. The award rendered by the arbitrator shall include costs of the arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. The award of the arbitrator(s) shall be final and binding upon the Parties without appeal or review. In connection with any application to confirm, correct or vacate the arbitration award, any appeal of any order rendered pursuant to any such application, or any other action required to enforce the arbitration award, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, disbursements and cost incurred in any post-arbitration award activities.
The Service Provider does not represent that the Content, Service or the Website are appropriate or available for use in countries outside the U.S. If you choose to access the Website from outside the U.S., you are responsible for compliance with foreign and local laws, if applicable.
This Agreement constitutes the entire agreement with respect to access to, and use of, the Website. If any provision of this Agreement is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
The section titles in the Agreement are used solely for the convenience of you and Service Provider, and they have no legal or contractual significance.
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
As a part of The Service e-signature technology may be used to apply a signature to a document. By accepting this Agreement, you agree that signatures performed in this way are the same as handwritten signature for the purposes of validity, enforceability and admissibility.
This section contains terms and conditions that are exclusive to one or more Receiving Entities.
[1] Depending on Receiving Entity rules and procedures, notifications may require user to “opt in” before they will be delivered. E-mail notifications rely on third party systems and are therefore not a guaranteed delivery mechanism.