Terms of Service

Last Updated: September 24, 2024

Email Confidentiality Notice

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Terms of Service & Privacy Notices

Thank you for choosing e-Legal Services, Inc. (also referred to as “Company,” “e-Legal,” “eLegal,” “we,” “us,” or “our”) online software platform which enables end users to file certain legal and court documents (the “Platform”), and provides related services in connection with the use of the Websites and/or Platform (the “Service” or “Services”).

Please carefully read and understand the entire contents of this Terms of Service Agreement (this “Agreement”) before using the Websites, Portal and/or Services (collectively, the “e-Legal Service”). These terms and conditions govern the use of our Services, Website, e-Filing Portal and the transactions associated by you the end user (“you” or “your”).

Your use of the e-Legal Platform and Services (or any part thereof) will constitute your acceptance of and consent to all the terms and conditions of this Agreement (as amended from time to time), including, but not limited to, Company’s Privacy Policy available at https://elegalservicesinc.com/privacy-policy/ (the “Privacy Policy”).

By using the e-Legal Platform and Services, (or any part thereof) and/or placing an order to conduct a transaction for filing legal and/or court documents or to purchase other related legal support services through the e-Legal Service (each, an “Order”): (1) you acknowledge that you have read, understand, and agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy; (2) you affirm, represent and warrant that you are at least 18 years of age and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and (3) if you are using the e-Legal Service on behalf of another person or entity (for example, your employer and/or your client that you represent), you represent and warrant that you are legally authorized to enter into this Agreement on behalf of such person and/or entity and that you have the authority to legally bind such person and/or entity to all of the terms and conditions of this Agreement.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR YOU DO NOT HAVE THE AUTHORITY AS SET FORTH ABOVE, DO NOT USE THE E-LEGAL SERVICE (OR ANY PART THEREOF).

1. Using the e-Legal Portal and Services

1.1.Access and Use. Subject to your compliance with this Agreement, Company hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Website, Platform and Services, over the internet, through the online portal available through the website, and solely in connection with your use of the e-Legal Service, on a non-commercial basis, and in accordance with this Agreement.

1.2.Orders. To the extent you submit an Order for any Services to be provided by Company, you hereby authorize Company (and its employees, contractors and/or subcontractors), to perform such Services, including, without limitation, submitting e-Filing documents through, or otherwise utilizing, the e-Legal Service and/or Third Party Services (as defined below in Section 1.5) in connection with the provision of such Services.

1.3.Unsuitable Content and Conduct. You agree not to engage in conduct or submit to or in connection with the use of the e-Legal Service any material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You agree not to cause damage, embarrassment or adverse publicity to Company. In addition, you agree that you will not, and will not permit any third party to: (a) modify, adapt, translate or create derivative works based on the e-Legal Service (or any part thereof), or any related documentation; (b) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Websites and/or Platform, except as expressly permitted by applicable law; (c) distribute, license, sublicense, assign, transfer or otherwise make available to any third party the e-Legal Service, or any related documentation; (d) remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Company or its suppliers on or within the e-Legal Service or related documentation; (e) use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the e-Legal Service and/or any content (except caching or as necessary to view the Websites), without our prior written permission or authorization; (f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or provide or publish any false, inaccurate, or misleading information in connection with the use of the e-Legal Service or otherwise regarding the e-Legal Service; (g) publicly disseminate e-Legal Service performance information or analysis (including without limitation benchmarks) except with Company’s prior written consent; or (h) use the e-Legal Service in violation of any Court Rules, Applicable Laws, including, without limitation, export laws.

1.4.Functional Compatibility and System Abuse. When submitting content, documents or other information to or in connection with the use of the e-Legal Service, you agree to submit only content, documents or information that is functionally and technically compatible with the e-Legal Service. You agree not to attempt and will not damage, corrupt, tamper with or infect the e-Legal Service, the content or any information or telecommunication system of Company with a virus or other malicious computer program. You agree to only use the e-Legal Service for the permitted purposes stated in this Agreement, and will not engage in abusive activity with respect to the e-Legal Service.

1.5.Third Party Services. Company may utilize certain third party products and/or services, including, but not limited to, electronic filing manager (EFM) providers for the courts, in connection with the provision of the Services, and/or the Website and/or Platform may enable you to connect with and use, certain third party products, applications and/or services that are integrated with the Platform and/or Website via APIs or similar integrations made available by the provider of such third party products, applications and/or services (all of the foregoing, collectively, “Third Party Services”). The Third Party Services are owned, controlled, and operated by the applicable third party providers of the Third Party Services, and not Company. In addition to the terms of this Agreement, your use of Third Party Services shall be governed by, and is subject to, any applicable terms and conditions, terms of service, and/or similar end user agreements for the applicable Third Party Services entered into between you and the applicable provider of the Third Party Services, or that you are required to acknowledge and accept or that are otherwise referenced herein or made available on notice (collectively, “Third Party Terms”)s. For example, if you use the Service to file through the California San Luis Obispo Superior Court, you shall be subject to, and you acknowledge and agree that you have read, understand, and agree to be bound by the terms and conditions of the EFM provider for such court,Odyssey eFileCA, available at http://www.odysseyefileca.com/index.htm, and any other applicable terms and conditions available or linked on such EFM provider’s websites, including, but not limited to, Green Filing LLC, https://www.efilinghelp.com/california/app-user-agreement/ and Tristar Software, LLC https://tristarsoftware.com/term-condition-page/ , and any applicable updated or modified versions thereof (all such terms and conditions of the EFM shall be included in the term Third Party Terms as used in this Agreement). The Third Party Terms shall be solely between you and the applicable provider of the Third Party Services, and Company shall not be a party to any Third Party Terms, or have any responsibility or liability for the performance of the provider of its obligations under or in connection with any Third Party Terms. Company is not obligated to maintain or support any such Third Party Services or APIs, or to provide you with updates, fixes, or services related thereto. Any links to third party or other websites and information not under Company control are provided only as a convenience to you. Company has no obligation to monitor, control or restrict the use of any third party websites accessible via links on the Websites and/or Platform. These other sites are not under Company control, and you acknowledge that (whether or not such sites are affiliated in any way with Company), Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Company or any association with its operators. COMPANY DOES NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR, AND MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES WHATSOEVER WITH RESPECT TO, ANY THIRD PARTY SERVICES OR APIS, EVEN IF SUCH THIRD PARTY SERVICES ARE OFFERED OR RESOLD BY COMPANY OR OTHERWISE INTEGRATED INTO THE WEBSITE AND/OR PLATFORM. FURTHER, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, AND WILL HAVE NO LIABILITY FOR: (A) THE SUITABILITY OF ANY SUCH THIRD PARTY SERVICES OR APIS FOR YOUR INTENDED REQUIREMENTS OR PURPOSES, INCLUDING FOR USE WITH THE E-LEGAL SERVICE OR YOUR SYSTEMS, (B) THE INTEGRITY OF DATA TRANSMITTED, TRANSFERRED, STORED, OBTAINED OR RECEIVED THROUGH ANY SUCH THIRD PARTY SERVICES OR APIS, OR THE COLLECTION, ACCESS, AND/OR USE OF THE DATA AND INFORMATION (INCLUDING, BUT NOT LIMITED TO, PERSONALLY IDENTIFIABLE INFORMATION) YOU SUBMIT, PROVIDE AND/OR TRANSMIT IN CONNECTION WITH THE USE OF THIRD PARTY SERVICES BY THE APPLICABLE THIRD PARTY PROVIDER, OR (C) THE AVAILABILITY, FUNCTIONALITY, OR ANY CHANGES TO THE FEATURES OR SPECIFICATIONS, OF ANY THIRD PARTY SERVICES OR APIS. YOU ASSUME ALL RISK ARISING FROM THE USE OF ANY THIRD PARTY SERVICES OR APIS, INCLUDING, WITHOUT LIMITATION, THE RISK OF DAMAGE TO YOUR COMPUTER SYSTEM, SOFTWARE, THE CORRUPTION OR LOSS OF DATA, AND COMPLIANCE WITH ALL APPLICABLE LAWS AND COURT RULES.

1.6.No Legal Advice Provided. Our services do not include the provision of legal advice. Using our services or website does not create an attorney-client relationship between you and e-Legal Services, Inc., its affiliates, officers, directors, employees, agents, representatives, or any affiliated entities. No communication through our services or website should be construed as legal advice or an offer to provide legal services.

If you have a legal matter or issue, we strongly recommend seeking advice from a qualified attorney who can provide personalized legal counsel based on your specific circumstances in your jurisdiction. Our services are not a substitute for professional legal advice and should not be relied upon as such. Any information provided through our services or on our website is for general informational purposes only and does not constitute legal advice. We make no representations or warranties about the accuracy, completeness, or timeliness of any information provided.

We are not liable for any errors or omissions in the information provided through our services or website. You should verify any information obtained from us with a qualified legal professional before making any legal decisions or taking any action based on that information. We do not guarantee any specific outcomes or results from the use of our services. Any success or failure related to legal matters or other issues is beyond our control and is not influenced by our services.

2. Consent to Electronic Communication and Transactions

2.1.Electronic Communication. By providing us with your email address and using our electronic services, you consent to receive electronic communications from us. You may withdraw this consent at any time by contacting us, but please note that doing so may affect our ability to provide certain services. We collect and use email addresses for the purpose of communicating with you about our services, sending updates, and delivering requested information. We may also use your email address for marketing purposes, subject to your consent, which you initially provide by accepting this Agreement. Although we make every effort to safeguard the privacy of your email communications, we cannot assure the complete security of email transmissions over the internet. Despite our protective measures, there is a possibility that email communications may be intercepted or accessed by unauthorized individuals. Any information shared electronically or via email that is designated as confidential will be treated pursuant to the Confidentiality provisions, below. We may monitor and review email communications for business purposes, including compliance with company policies and applicable laws. This monitoring is conducted in accordance with legal requirements and our internal policies. Any files transmitted within an email are also confidential and will be treated pursuant to the Confidentiality provisions, below. It is your responsibility to ensure that the contact information you provide us is accurate and up-to-date. We are not liable for any issues arising from outdated or incorrect contact details. If you receive an email from Company in error you agree will notify the sender immediately and delete all copies/attachments. If you receive an email and you are clearly not the intended recipient, you are prohibited from disclosing, copying or taking any action in reliance on the contents of the email and the associated attachments within it. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should print and retain a copy of all such disclosures and communications.

2.2.Electronic Transactions – Consent to Electronic Service. You agree that all of your transactions with or through Company may, at its option, be conducted electronically. If you do not wish to have these transactions conducted electronically, you should not enter into this Agreement or use the e-Legal Service. You agree that Company may determine (from time to time) to provide all or any part of its Services, including, without limitation, any filing services, non-electronically, and that those Services will still be governed by this Agreement. In addition, you acknowledge and agree that, unless otherwise expressly provided in the applicable Court Rules, by submitting an electronic filing Order through the Services, you consent to receive electronic service with respect to such electronic filing Order at the electronic service address provided in such e-Filing submission.

3. Customer Information and Data

3.1.Registering and Using Your Account. Access to some areas and use of some functions of the e-Legal Service may require you to register an account (“Account”). As part of the registration process, you will be asked to select a password. You will be responsible for the confidentiality and use of your password and any Account number. You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT NUMBER, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING REQUESTING SERVICES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. If for any reason you feel either your Account number or your password has been compromised or duplicated, you must immediately contact Company to change your password or Account number and to stop any Service requested.

In addition, to the extent necessary to file Documents (as defined below) with the applicable court(s), you hereby authorize Company the right to create accounts under your name and on your behalf with the applicable electronic filing manager (EFM) providers for the courts.

You agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) or as requested by us to establish an account with the applicable EFM, including, all relevant information, signatures, data, passwords, usernames, PINs, and other information, materials, and content necessary for the transmission of your Documents in connection with your use of the e-Legal Service (all of the foregoing, collectively, “Account Information”), and (b) maintain and update your Account Information to keep it accurate, current, and complete at all times.

You represent and warrant that the Account Information provided to Company is accurate and complete, and that you are authorized to submit it to Company without any obligations on Company. You are solely responsible for ensuring that you have all necessary permissions and consents to provide Account Information to Company, and that the provision of such Account Information to the Company is in accordance with Applicable Laws, the Court Rules, and any policies, agreements or other requirements that you are subject to . Company has no liability or other responsibility for inaccuracy or incompleteness in any Account Information, or your inability to use the e-Legal Service due to such inaccuracy or incompleteness. You acknowledge that, if any information provided by you is inaccurate, not current or incomplete, Company reserves the right to terminate this Agreement and your use of the e-Legal Service.

3.2.User Data. You grant to Company, during the term of this Agreement, a non-exclusive, royalty-free, fully-paid, worldwide license to use and process any documents and other content, data, information (including, personal information), and/or materials submitted by you, or collected on your behalf, in connection with the use of and access to the e-Legal Service (collectively, “User Data”) as reasonably necessary for Company to provide you the e-Legal Service and other services hereunder. Subject to Company’s right to usage data as set forth in Section 2.5 below, as between you and Company, you shall retain all right, title and interest to User Data. Any personal information included or incorporated in any User Data shall be used by Company in accordance with this Agreement and the Privacy Policy. For the avoidance of doubt, nothing contained herein shall waive or limit the a court’s rights in and to the complaints, answers, briefs, exhibits, motions, responses, subpoenas, claims of appeal, docketing statements, petitions, and any and all other legal documents and all data provided or received by such courts through the e-Legal Service (“Documents”), or any electronic record or electronic representation or electronic data contained in or related to any Document as part of the record in a court case (“Information”), or any other data that is submitted, collected or transmitted through the e-Legal Service, to the extent such rights exist or as otherwise provided in any applicable Court Rules.

3.3.Document Submission. You understand, acknowledge, and agree that: (a) all Documents and Information submitted, uploaded or transmitted in connection with the use of the e-Legal Service are made publicly available pursuant to the Court Rules and Applicable Laws, and may be immediately accessible to the press and members of the public, even though the Documents have not been, and may never be, received or accepted for filing by the applicable court and recorded on its register of actions; and (b) if any Documents or Information are or contain any confidential or non-public information (in whole or in part), or are to be filed under seal (conditionally or otherwise) it is your sole responsibility to ensure (i) the proper assignment of the document security level for all Documents and Information, and (ii) the proper and complete redaction of any confidential or non-public information contained in any Documents or Information in compliance with the Court Rules or as required by Applicable Laws or pursuant to any confidentiality obligations imposed on you, including, but not limited to, the removal of any metadata associated therewith. You further expressly acknowledge and agree that Company is not responsible for, and does not audit or review any Documents or Information to ensure, the proper assignment of filing codes, redaction of information (including, removal of metadata), or compliance with Court Rules and Applicable laws, for any Documents or Information, and Company shall have no liability to you or any third party arising from the foregoing.

3.4.Data Protection. You acknowledge and agree that you are the “controller” or “business” and Company is the “processor” or “service provider” (as those terms are defined in applicable data laws and regulations), and you are solely responsible for, the accuracy, quality and integrity of the User Data. You represent and warrant that, with respect to any User Data (including, without limitation, any personally identifiable information therein), you: (a) have all the rights necessary to grant the licenses granted herein to Company in and to such User Data; (b) have obtained all permissions and/or approvals from each applicable data source as may be necessary or required to transmit such data through the e-Legal Service; and (c) are in compliance with all applicable data laws, rules and regulations. In addition, to the extent you and Company are required to enter into a data processing agreement, or if, in Company’s discretion, such data processing agreement is necessary or appropriate, to comply with applicable data laws, rules or regulations with respect to the processing of any personal information included in any User Data, you agree to execute and enter into Company’s then current data processing agreement.

3.5.Usage Data. Company may collect and use aggregated data regarding usage and performance of the e-Legal Service in order to generally improve and optimize the performance of the e-Legal Service and other business purposes, provided that in no event will Company publicly share any such data in a manner that would identify you or any person on whose behalf you use the e-Legal Service, or disclose any User Data, for purposes other than as necessary pursuant to this Agreement unless such User Data is in de-identified form.

4. Confidentiality & Privacy Policy.

4.1.Our Obligations. We are committed to maintaining the confidentiality of your information. Any sensitive information shared with us will be handled in accordance with applicable laws. We will not disclose, share, or utilize this information for any purpose beyond what is necessary to deliver our services, what is otherwise described in this Agreement, except as mandated by law or with your explicit consent. We may disclose information to other parties only with your consent and/or at your direction or to third-party service providers who assist us in delivering our services. We retain your information for as long as necessary to fulfill the purposes outlined in these Terms or as required by law. We use cookies and similar tracking technologies to enhance your experience on our website, analyze usage patterns, and personalize content. You can manage your cookie preferences through your browser settings.

4.2.Your Obligations. You agree that you may receive certain proprietary data, materials and information of the Company in connection with this Agreement, including but not limited to, information regarding Company’s security practices, measures and procedures, the Company’s application programming interfaces that interact with the e-Legal Service and/or other products, platforms, applications and/or services of Company, and related tools, documentation, data and resources, and other intellectual property of Company (collectively, “Confidential Information”). You agree that you will use the Confidential Information solely for the purposes receiving the services contemplated by this Agreement, and will not disclose such Confidential Information in any manner whatsoever, in whole or in part, to any third party other than your employees and contractors who (a) have a need to know the information for the purposes of this Agreement, (b) have been informed of the confidential nature of the information, and (c) are bound by confidentiality obligations no less restrictive than this Section 3.2. You shall use a similar degree of care to prevent the unauthorized use or disclosure of the Confidential Information that you use to safeguard your own confidential information of like nature, but in no event less than a reasonable degree of care. Notwithstanding any other provision of this Agreement, disclosure of Confidential Information will not be precluded if you are compelled to disclose the information by an order of a court or other governmental body, provided, however, that you shall have first given prompt written notice to Company so that Company may seek a protective order or other appropriate remedy. Confidential Information will not include data, materials or information which you can prove by written evidence: (i) was lawfully already in your possession without obligation of secrecy at the time of disclosure, (ii) is or becomes generally publicly known through authorized disclosure; or (c) was rightfully received by you from a third party free of restriction.

5. Fees & Payment

5.1.Fees for Services. Company determines the service fees charged by e-Legal to you for using the e-Legal Service from time to time in its sole discretion (the “Service Fees”). The Service Fees for the e-Legal Service may vary by location, size, service level and/or the amount of time spent completing and/or providing the e-Legal Service to you. Company reserves the right to change its fee structure at any time without notice. Notwithstanding the foregoing, if you, or the person or entity on whose behalf you are using the e-Legal Service, has entered into a separate written pricing addendum with e-Legal (a “Pricing Addendum”), the Service Fees payable by you shall be as set forth in such Pricing Addendum.

5.2.Statutory Court and Witness Fees. Company is in the business of providing legal support services, including court filing services, electronic filing of court documents, service of process, and recording services to law firms, companies, government agencies, and individuals. In order to file, record, copy or serve certain court documents, a filing, recording, copy or witness fee may be imposed by court rule or statute (collectively, “Court Fees”) and/or by the applicable Electronic Filing Manager providers for the courts (the “EFM Fees”). You are solely responsible for the payment of all applicable Court Fees and EFM Fees, whether Company first collects the Court Fees and/or EFM Fees from you and then pays the court on your behalf or Company advances the Court Fees or EFM Fees to the court or EFM (as applicable) on your behalf and collects such fees from you subsequently. Further, you acknowledge that if any Court Fees and/or EFM Fees are not paid when due to Company, your filing may be voided pursuant to applicable Court Rules. You represent and warrant to Company that any Court Fees and EFM Fees collected and paid to the courts by Company on your behalf are not for personal, family or household purposes. At any time, you can see a schedule of the Court Fees and EFM Fees here: https://www.courts.ca.gov/7646.htm.

5.3.Payment Terms. You agree to pay all Service Fees, Court Fees, EFM Fees, and any credit card processing fees, bank transfer fees, and/or other payment processing fees, taxes, and charges arising from your Orders, transactions and/or payment of any fees due to Company hereunder arising from your use of e-Legal Service, including, any Order or transactions, and/or from the payment of any fees due to Company hereunder (all of the foregoing, collectively, the “Fees and Charges”). All Fees and Charges are due and payable by you upon the submission of your Order through the e-Legal Service, thirty (30) days from invoice date, or as otherwise agreed between you and Company. All transactions must be in U.S. dollars. If payment is not received by the due date, late payments may incur a finance charge of 5% of the total invoice per month or a $5 late fee penalty, whichever is greater, continually accruing until the payment is successfully obtained.

5.4.Method of Payment. Company accepts electronic credit card payments. You hereby expressly authorize Company and its third party payment processors to charge the payment method you have selected by you, or the default payment method if the selected method fails, for any and all Fees and Charges due and payable by you under this Agreement. Company will also accept cash or check as payment. To the extent that any amounts owed under this Agreement cannot be collected from your selected payment method or the default method, you are solely responsible for paying such amounts by other means. You represent and warrant that you have the legal right to use the payment methods selected by you to make payments under this Agreement. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL FEES ARE NON-RETURNABLE AND NON-REFUNDABLE.

5.5.Fee Change. Our fees may change without notice. Modifications to the scope of services requested may incur extra charges. The fees associated with e-Legal Services, Inc. can differ based on factors including but not limited to location, the scale of the service, the level of service provided, and/or the duration required to complete.

5.6.Payment Disputes. If you dispute any charges, you must notify us in writing within 30 days of receiving the invoice. We will review the dispute and respond accordingly. Failure to notify us within this timeframe will be considered acceptance of the charges.

5.7.Returned Checks. Company will charge a $25 fee for any returned checks.

5.8.E-Filing Fees Invoice & Tax Requirements. If you charge fees for E-filing transaction to any other person or entity in connection with your use of the e-Legal Service, you agree to and shall comply with all applicable invoicing, tax and fee requirements of the applicable court, including, but not limited to, any requirements to display State sales, use or other taxes (collectively, “State Taxes”) on each receipt, bill, contract, or invoice provided to customers, and/or to (a) separately state in a conspicuous manner the E-filing fees and applicable State Taxes on such fees, or (b) state the combined amount of the E-filing fees and applicable State Taxes, and display in a conspicuous manner that the combined amount includes the applicable State Taxes.

6. Ownership and Intellectual Property Rights

6.1.Our Intellectual Property. As between you and Company, Company and its licensors retain all right, title and interest, and any and all intellectual property rights, in and to the e-Legal Service, including, without limitation, any and all content, messages, data, text, graphics, images, photos, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the e-Legal Service (but excluding your User Data), any and all modifications, enhancements and updates to any of the foregoing. The Company trademarks are strictly owned by Company, and nothing in this Agreement will be construed to transfer ownership rights or grant any permission, license or other rights to any Company trademark without written authorization from Company. The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through the e-Legal Service may be the trademarks of their respective owners. Company reserves all rights and licenses not expressly granted to you in this Agreement and no implied license is granted by Company. The e-Legal Service, and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.

6.2.Comments and Suggestions. You agree that any comments or suggestions that you provide to Company regarding the e-Legal Service, including, without limitation, the functionality and/or features of the e-Legal Service and/or any feedback, suggestions or ideas in response to any customer survey (collectively, “Comments”) shall be deemed, and shall remain, the property of Company, and you hereby assign all right, title and interest in and to such Comments to Company. None of the Comments shall be subject to any obligation of confidence on the part of Company and Company shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, Company shall be entitled to unrestricted use of the Comments for any purpose, commercial or otherwise, without compensation or attribution to the provider of the Comments.

7. Termination

This Agreement will remain in full force and effect as long as you continue to access or use the e-Legal service or until terminated in accordance with the provisions of this Agreement. You may terminate your use of our services at any time by providing us with written notice.  We may terminate your access to our Platform or Services at our discretion and without prior notice if: (a) You breach any of these Terms of Service or any applicable laws; (b) We believe you are engaging in any fraudulent, abusive, or illegal activity; (c) you fail to pay any fees or charges when due; (d) We decide to discontinue or modify our services. We may also terminate this Agreement immediately upon written notice to you if you engage in any activity, or make any public statement(s), including, via any social media platforms, blog posts, articles or other written communications, regarding the Agreement, Company or the use or performance of the e-Legal Service, which, in Company’s sole discretion, could reasonably result in a material adverse impact on the reputation, business, personnel or standing with any courts, governmental authorities or non-governmental organizations of Company or its affiliates, subsidiaries, directors, officers, employees, contractors, agents or representatives. You agree that, upon any termination, the licenses granted you hereunder and your right to use the e-Legal Service will automatically terminate and you will immediately cease any and all access and/or use of the e-Legal Service. Any outstanding fees or charges incurred prior to the termination date will remain payable. We will not be liable for any damages or losses resulting from your termination of use.

8. Disclaimer of Warranties; Limitation of Liability

8.1.Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE E-LEGAL SERVICE AND ANY INFORMATION, CONTENT AND/OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE E-LEGAL SERVICE IS AT YOUR OWN AND SOLE RISK. THE E-LEGAL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL REPRESENTATION, WARRANTIES AND DUTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE, NON-INFRINGEMENT OR TITLE, DUTIES OF WORKMAN-LIKE EFFORT, OR LACK OF NEGLIGENCE. COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON OR THROUGH THE E-LEGAL SERVICE AND/OR ANY INFORMATION, CONTENT AND/OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE E-LEGAL SERVICE AND IS NOT RESPONSIBLE IN ANY WAY FOR THE FUNCTIONALITY, SPECIFICATIONS, OR ANY OTHER ASPECT OF THE E-LEGAL SERVICE AND/OR ANY INFORMATION, CONTENT AND/OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE E-LEGAL SERVICE. COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE E-LEGAL SERVICE AND/OR ANY INFORMATION, CONTENT AND/OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE E-LEGAL SERVICE, OR THAT DEFECTS IN THE E-LEGAL SERVICE AND/OR ANY INFORMATION, CONTENT AND/OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE E-LEGAL SERVICE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR PROTECTION OF YOUR SYSTEM AND/OR ACCURACY OF DATA, AND FOR MAINTAINING A MEANS OF RECONSTRUCTION OF LOST DATA. WITHOUT LIMITING THE ABOVE, YOU AGREE THAT COMPANY AND ITS PARENT CORPORATIONS, SUBSIDIARIES, PARTNERS, EMPLOYEES, AGENTS, AFFILIATES, SUBCONTRACTORS, AND/OR CONSULTANTS DO NOT MAKE ANY WARRANTIES OR UNDERTAKE ANY DUTIES REGARDING, WITHOUT LIMITATION, THE FOLLOWING: (A) INFRINGEMENT OF TITLE OR QUIET ENJOYMENT; (B) FUNCTIONALITY, INCLUDING FUNCTIONALITY OF SEARCH OR RETRIEVAL SOFTWARE; (C) ACCURACY, COMPLETENESS, OR COMPLETION OF FORMS; (D) RECEIPT OF DOCUMENTS BY LOCAL GOVERNMENTS; (E) APPROPRIATENESS OR PROPRIETY OF DOCUMENTS PULLED FOR A PARTICULAR JOB; (F) APPROVAL OF DOCUMENTS BY LOCAL GOVERNMENTS; (G) TIMELINESS OF SERVICES; (H) UNINTERRUPTED, SECURE, ERROR OR VIRUS-FREE SERVICE OR STORAGE; AND (I) ADEQUACY OF FEES PAID TO LOCAL GOVERNMENTS.

8.2.No Responsibility. Notwithstanding anything to the contrary in this Agreement, you acknowledge that neither the Company nor the courts or the applicable the electronic filing manager or case management systems for such courts edits, nor can verify, the completeness, propriety or accuracy of the Documents or any Information or other User Data submitted through e-Legal Service. Neither the Company nor the courts or the applicable the electronic filing manager or case management systems for such courts has any control over the contents of any Document filed through the e-Legal Service and is not responsible for any alleged loss of privilege or other claimed injury to due disclosure of sealed, confidential or privileged Information in any Documents, Information, or other User Data transmitted or provided through the e-Legal Service.

8.3.Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM THIS AGREEMENT OR YOUR USE OF AND/OR INABILITY TO USE THE E-LEGAL SERVICE AND/OR ANY INFORMATION, CONTENT AND/OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE E- LEGAL SERVICE, EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT OR THE E-LEGAL SERVICE AND/OR ANY INFORMATION, CONTENT AND/OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE E-LEGAL SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE TOTAL SERVICE FEES PAID OR PAYABLE BY YOU TO COMPANY UNDER THE ORDER SUBMITTED BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM OR LIABILITY. FOR CLARITY, THE SERVICE FEES REFERENCED IN THE PRECEDING SENTENCE DO NOT AND SHALL NOT INCLUDE COURT FEES OR EFM FEES. COMPANY’S AFFILIATES AND SUPPLIERS SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT. THE DAMAGE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY OF ITS ESSENTIAL PURPOSE FAILS.

THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN COMPANY AND YOU. COMPANY WOULD NOT BE ABLE TO PROVIDE THE E-LEGAL SERVICE ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF COMPANY’S SUPPLIERS.

9. Indemnification

You agree to indemnify, defend, and hold harmless e-Legal Services, Inc. its affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, and expenses (including attorneys’ fees and costs, incurred by Company with or without suit and whether incurred on appeal or in bankruptcy) arising out of or related to your  (a) your breach of any terms of this Agreement, (b) use of the e-Legal Service in violation of any Applicable Laws or Court Rules, (c) your use of the e-Legal Service, your dealings or transactions with other parties resulting from use of the e-Legal Service, or your failure to pay all sums due Company or any local government; (d) your supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information as well as any action taken by you as a direct or indirect result of the information displayed on or otherwise provided through the e-Legal Service; (e) User Data; and/or (f) your use or misuse of any Third Party Services, and/or your violation of any terms and conditions, terms of service, or other agreement applicable to any Third Party Services, including, but not limited to, any Third Party Terms.

10. Governing Law; Venue

These Terms and any dispute arising from your use of our Services will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. You and Company agree and irrevocably consent to the personal and exclusive jurisdiction of the state and federal courts located in or having jurisdiction over San Luis Obispo County, California. The United Nations Convention on Contracts for the International Sale of Goods in its entirety and the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA are expressly excluded from this Agreement.

11. Amendments

We may update these Terms from time to time. Changes will be posted on our website, and your continued use of our Services after any such changes constitutes your acceptance of the new Terms. All updates and modifications to this Agreement will be effective from the day they are posted online (except as stated below). If we make any material changes to this Agreement, we will provide reasonable prior notice of these changes by posting a notice of the changes on the Website and/or via email at the email address you provided at the time you registered your Account. It is your responsibility to regularly visit and review this Agreement. If you do not agree to any updates or modifications to this Agreement, simply do not use or access the e-Legal Service and terminate your Account. Your continued use of the e-Legal Service after we have posted the updated Agreement, signifies to us that you acknowledge and agree to be bound by the revised Agreement.

12. General

Neither this Agreement nor any part or portion may be assigned or otherwise transferred by you without Company’s prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are for convenience only and do not constitute a part of this Agreement. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of the right of such party to assert or rely upon such provision or right in that or any other instance. This Agreement, together with all order forms, or instructions to Company requesting a Service, constitutes the entire and exclusive agreement between you and Company with respect to the subject matter herein and supersedes any prior agreements and communications between the parties with respect to such subject matter.

13. Force Majeure

Company is not responsible for any delay, failure in performance, loss or damage or other issues relating to the e-Legal Service or this Agreement due to earthquake, acts of civil or military authority, war, terrorism, acts of God, acts of regulatory or governmental agencies, acts of third parties, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or other cause that is beyond the reasonable control of Company (“Force Majeure Event”). Without limiting the foregoing, you acknowledge and agree that Force Majeure Events include, and Company is not responsible for, and Company disclaims any and all liability for any losses or damages incurred by you or any person or entity on whose behalf you are using the e-Legal Service for any of the following: (a) unavailability and/or problems relating to transmission devices or equipment not exclusively within Company’s control, (b) unavailability and/or problems relating to transmission lines or equipment for connectivity to the Internet that results in the inability to reach Company or the e-Legal Service for the purpose of document transmission or receipt, including, but not limited to, any failure or interruption of the Internet or data or material transmitted thereon, (c) transmission errors and system failures (other than those resulting from the gross negligence or intentional misconduct of Company or its employees or contractors), (d) acts of third parties who is not Company’s employee or agent (including computer hackers), or any delays or failure in performance by any third party, including third parties involved in electronic filing, service of process, case management systems or settlement of payment card transactions, or disruption or termination of access to third party systems, including courts, the electronic filing manager or the case management system, (e) any alteration or destruction of material or information transmitted through the e-Legal Service or resulting from the transmission of computer viruses or other damaging or destructive software components, or acts of computer hackers, or (f) the speed, access, security or delivery of materials or information through the Internet. Further, Company does not guarantee that any submission will be deemed filed by the court, or will be deemed filed by the court within a particular period of time. If you experience any delay or failure in filing through the e-Legal Service due to technical problems with the court, the electronic file manager or case management system, Company will, upon request, provide log files or other evidence of the attempted transmission of the filing, but will have no other obligation or responsibility with respect to such delay or failure.