This American LegalNet, Inc. (“ALN”) End User Agreement ("Agreement") is by and between ALN and you ("You"), and is made effective as of the date of electronic execution by You, or by You otherwise using any ALN websites. This Agreement sets forth the terms and conditions of Your use of ALN’S services and the ALN website (“Materials” and/or “Services”). If You do not agree to the terms of this Agreement, You are not permitted to use the Materials and the Services. This Agreement covers multiple Services provided by ALN. The actual details of the specific Services are contained on the website hosting the applicable Services. This Agreement as well as any additional ALN policies referenced herein constitutes the complete and entire agreement between You and ALN concerning Your use of the Services, and supersedes all prior agreements or other communications. By accepting this Agreement, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement.
1. USE, RESTRICTIONS, AND REPRESENTATIONS. ALN provides the Materials and/or the Services to You under a non-exclusive, non-transferable license for printing and use only by the individual or entity who agreed to the terms of this Agreement, and only for that individual's or entity’s use. You are not permitted to commercially exploit the Materials and/or the Services or transfer them to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution, text-based, electronic, or other physical or virtual distribution of the Materials and the Services are prohibited. Copies of the Materials and the Services may only be held in local storage systems exclusively for personal use in an archival format. You may not copy, reverse engineer, translate, port, modify, or make derivative works of the Materials and the Services. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials and the Services. You may not derive or attempt to derive the source code or structure of all or any portion of the Materials and the Services by reverse engineering, disassembly, decompilation, or any other means. You may not use the Materials and the Services to operate an information bureau. The Materials and the Services may not be copied, even if modified or merged with other data or software. You will not alter or remove any copyright notice or proprietary legend contained in or on the Materials and the Services. ALN reserves the right to block access to or remove any material on its servers that it believes in good faith to be copyrighted material that has been illegally copied and distributed by You and permanently terminate Your use of the Materials and the Services. In the event that you are using any eFiling Services, You authorize ALN to file the applicable filings to any and all courts You have selected for filing. By using eFiling Services, You represent that You are familiar with and meet the requirements of the applicable courts, including but not limited to any electronic filing training requirements.
2. FEES AND PAYMENT. Depending on the specific Services, there may be an associated fee. Such fees shall be due upon Your enrollment for the Services. All fees are exclusive of taxes and You shall be solely responsible for any and all taxes and levies of any kind. Except as otherwise stated in this Agreement, all payments are non-refundable. ALN may modify the fees for any renewal term and change prices without notice.
3. INTELLECTUAL PROPERTY.
3.1 RIGHTS, TITLE AND INTEREST. You agree that ALN or its licensors holds all rights, title and interest in the Services and all intellectual property, including other rights related to intangible property related thereto, including but not limited to copyrights, patents, Trademarks, and trade secrets (“Intellectual Property”). You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You. You further understand and agree that You are prohibited from using and reproducing, in any manner whatsoever, any of the content or materials of the ALN website, without the express written permission of ALN. Any permission to use any documents and related graphics and any Materials, the Services,formsworkflow.com, any other ALN website, and any other website accessed as part of any Services (including but not limited to, texas.efilingportal.com, ocefiling.americanlegalnet.com www.efilingportal.com,) is subject to this Agreement. American LegalNet, ALN, formsworkflow.com, USCourtForms.com, USCourtForms, and ALN are included in ALN’s trademark and service mark portfolio.
3.2 REFERENTIAL TRADEMARK USAGE GUIDELINES. You may use an ALN trademark, service mark, or product name to refer specifically to such ALN product in marketing and promotional materials, books, conferences, applications, demonstrations, and so on. You are permitted to use an ALN trademark referentially provided that: You adhere to these ALN Trademark Usage Guidelines. You do not disparage ALN or ALN products and services. You display your name or logo more prominently than any ALN trademark. You include a disclaimer that ALN does not sponsor, affiliate, or endorse your product, and/or services.
5. ACCOUNT AND FORMS ACCURACY AND SECURITY. You agree to provide true, accurate, current, and complete information about You and Your account in Your use of the Services and to update any information You previously provided if it becomes inaccurate and/or out-of-date. You agree You are entirely responsible for maintaining the confidentiality of any password and account information that You (or Your authorized users) may create now or in the future. You agree You are entirely responsible for any and all activities that occur under your account. You agree to notify ALN immediately of any unauthorized use of your account or any other breach of security. You agree ALN will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge. You are also responsible for providing complete and accurate information in any forms You fill-out using the eFiling Services.
6. WARRANTIES. You hereby represent and warrant that You have the right, power, legal capacity and appropriate authority to enter into this Agreement.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ALN IS NOT LICENSED TO PRACTICE LAW IN ANY JURISDICTION AND, ACCORDINGLY, ALN’S MATERIALS AND THE SERVICES ARE ONLY FOR PROFESSIONALS SKILLED IN THE AREAS COVERED THEREBY. FURTHER, ALN CANNOT AND DOES NOT GUARANTEE THEIR ACCURACY, COMPLETENESS, OR COMPLIANCE WITH THE LAWS OF ANY PARTICULAR STATE. ALN DOES NOT RECOMMEND USAGE OF FORMS ON THIS SITE BY ANYONE OTHER THAN LICENSED ATTORNEYS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS AND THE SERVICES. YOU ALSO ASSUME ALL RESPONSIBILITY AND RISK FOR ANY INACCURACIES YOU ENTER INTO ANY FORMS AND/OR INCOMPLETE FORMS YOU SUBMIT USING THE EFILING SERVICES. ALN WEBSITES AND THE SERVICES MAY CONTAIN LINKS OR FORWARD INFORMATION TO OTHER WEBSITES. ALN EXPRESSLY DISCLAIMS ANY ENDORSEMENT, SPONSORSHIP, OR APPROVAL OF THE MATERIAL ON AND/OR GENERALLY SUCH WEBSITE(S) AND ANY CORRESPONDING SERVICES. ALN AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE MATERIALS AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALN DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THIS SITE. THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND ALN DOES NOT STORE ANY 1) FORMS COMPLETED BY YOU AND 2) OTHER DATA CREATED BY YOU DURING YOUR USE OF THE SERVICES, ON ITS SERVERS. ALN WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS AND THE SERVICES. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ALN 'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00.
8. INDEMNIFICATION. You agree to defend, indemnify and hold harmless ALN and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your use of the Services or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold ALN harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein or any negligence or willful misrepresentation or misconduct by You. You agree that ALN shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify ALN of any such claim, immediately upon learning of such claim, in writing and to allow ALN to control the proceedings. You agree to cooperate fully with ALN during such proceedings.
9. TERM AND TERMINATION.
9.1 (a) American LegalNet Subscribers: Your subscription to American LegalNet Services will continue until: (1) Terminated by ALN for (i) non-payment or for other material breach of this Agreement for which You shall have no right to any refund or (ii) any other reason (in the case of termination under 9.1(a)(1)(ii) You may receive a pro-rated refund); or (2) Terminated by You for any reason, in which case You shall notify ALN in accordance with Section 10.2.
(b) FormsWorkFlow Premium Subscribers: Your subscription to Forms WorkFlow Premium Services is for a term of one (1) year. If You terminate the subscription prior to the annual anniversary date of the subscription, You shall have no right to any refund. ALN may terminate this Agreement for: (i) non-payment or for other material breach of this Agreement for which You shall have no right to any refund: or (ii) any other reason (in the case of termination under 9.1(b)(ii) You may receive a pro-rated refund).
(c) eFiling Service Subscribers: Your subscription to ALN’s eFiling Services will be based on the option You select: either a one-time use or a one year term. Each will terminate thereafter, as applicable. The one year term option includes a seven (7) day right of cancellation if you are dissatisfied with the one-year eFiling Service. You must notify ALN within the first seven days after electing the one-year option or the right will expire.
9.2 EFFECT OF TERMINATION. Upon termination of this Agreement, You shall stop using the Materials and the Services and destroy any material You received though the use of the Service. All outstanding fees owed by You shall be due immediately.
10.1 GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY. This Agreement shall be deemed to be entered into and governed by the laws of the State of California.. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the California State Courts located in Los Angeles County and of the United States of America located in Los Angeles County, for any litigation arising out of or relating to use of or purchase made through ALN’s various websites (and agree not to commence any litigation relating thereto except in such courts). You further waive any objection to the laying of venue of any such litigation in California or United States Courts located in Los Angeles County and agree not to plead or claim in any California United States Court located in Los Angeles County that such litigation brought therein has been brought in an inconvenient forum. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
10.2 NOTICES. All notices shall be in writing. You agree that all notices sent to You will be sent either to the email or postal address You have on file with ALN. Notices from You to ALN shall be made to ALN’S address at: CEO, American LegalNet, Inc., 16501 Ventura Blvd. Suite 615, Encino, CA 91436. Except for notices sent to You by e-mail, notices shall be sent by express delivery service to the other party. Notices shall be effective on the date the notice is delivered to the applicable address in the case of delivery by express overnight service. Notices sent by e-mail shall be effective on the date they are sent. Either party may change its address by written notice to the other party in the manner set forth above.
10.3 HEADINGS. The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
10.4 ASSIGNMENT. Except for any person You are an agent of, You may not assign this Agreement for any reason. Any such attempted assignment shall be null and void and a breach of this Agreement.
10.5 INDEPENDENT PARTIES. The parties hereto are and shall remain independent parties. Nothing herein shall be deemed to establish a partnership, joint venture, or agency relationship between the parties. Neither party shall have the right to obligate or bind the other party in any manner to any third party.
10.6 ENTIRE AGREEMENT. You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and ALN regarding the Services contemplated herein. Notwithstanding the foregoing, ALN reserves the right to modify this Agreement at any time by posting an updated version of it on its website without prior notice. In the event You do not agree to the changes, you may terminate this Agreement in accordance with Section 9.
10.7 SEVERABILITY. 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 to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
10.8 WAIVER. The failure of ALN to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of ALN thereafter to enforce such provisions.
10.9 FORCE MAJEURE. ALN will make reasonable efforts to keep its websites and the Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in service interruptions. You agree not to hold ALN liable for any of the consequences of such interruptions whether temporary or permanent.
10.10 SURVIVAL. Sections 3, 6-8, 9.2, and 10 shall survive this Agreement.