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E-Law Master Service Agreement for eServe
IMPORTANT.
PLEASE READ CAREFULLY. THIS IS AN AGREEMENTBETWEEN YOU, "USER," AND E-LAW, LLC.
THIS AGREEMENT CONTAINS THE COMPLETE TERMS AND CONDITIONS THAT APPLY TO YOUR
SUBSCIPTION OF SERVICES THAT E-LAW, LLC PROVIDES PURSUANT TO ITS eSERVE
SERVICE. SUBSCRIBING TO THIS "SERVICE" (DEFINED BELOW)INDICATES THAT YOU ACCEPT
THESE TERMS AND WILL USE THE SERIVCE AS SET FORTH BELOW.
1.
Defined Terms
1.1. "Acceptance Period" means the definition ascribed in Section 4 of this
Agreement.
1.2. "Agreement" means this E-Law Master Service Agreement for eServe.
1.3. "Certificate of Service" means an email confirmation sent by E-Law to User
indicating the date and time that Recipient received the Deliverables
electronically or otherwise.
1.4. "Confirmatory Email" means the email notification sent to Recipient confirming
that Recipient has successfully downloaded the Deliverables and allows
Recipient to report an error in such downloading to E-Law.
1.5. "Court" or "Courts" means the relevant local, state or federal court, or
Alternative Dispute Resolution Forum, in which the User represents a client or
has otherwise entered an appearance and in the court in which the action is
pending.
1.6. "Court Rules" means the statutes, laws, decisions and rules governing the
service of legal documents with regard to matters or actions initiated or
pending in the relevant Court.
1.7. "Court Business Day" means a non-emergent closed, non-holiday weekday during
the which the Courts are open for the regular transaction of business.
1.8. "Deliverables" means all pleadings, court documents or other submissions
between the User and other parties to a law suit and/or the Court, if made
possible by the Court's applicable service and filing rules that User has
emailed or uploaded to E-Law.
1.9. "Deliverables Notice" means the email notification sent to Recipient indicating
that Deliverables are available to be downloaded by Recipient.
1.10.
"E-Law" means E-Law, LLC,
the service provider of eServe Services as defined in Section 3.
1.11.
"E-Law.com Web site" means
the internet address of www.E-Law.com.
1.12.
"elawdoc.com" is a direct
link to the eServe Service.
1.13.
"Electronic Transmission"
means the electronic delivery of Deliverables to a Recipient by E-Law through
the eServe Service, including email and fax.
1.14.
"Email Inbox" means the
Email Inbox of User at which the User receives email addressed to the email
address set forth on the User's eLaw registration page and associated with the
User ID.
1.15.
"Parties" means the User and
E-Law.
1.16.
"Recipient" means any of the
following: a party, attorney or adversary in a case in which User represents a
client that User has indicated requires delivery of certain Deliverables
uploaded or emailed by User to E-Law. For the purposes of this
Agreement, all Recipients are also
Users who have accepted this Agreement.
Any e-mail recipient who has not accepted this Agreement, shall be referred to
herein as a "non-subscribing recipient".
1.17.
"Service" means the
definition ascribed in Section 3 of this Agreement.
1.18.
"Service Fees" means the
cost to User to use the eServe services and any additional fees imposed by the
Courts for the use of electronic services pursuant to this Agreement.
1.19.
"Terms" means the terms and
obligations set forth in this Agreement.
1.20.
"User" or "You" are terms
that are herein used interchangeably and mean the lawyer who accepts or is
deemed to accept this Agreement and their staff, including paralegals
and secretaries. All Users are also Recipients when a Deliverable is
sent to them by Electronic Transmission.
1.21.
"User ID" means the login
password and identification number assigned to User by E-Law for the purpose of
accessing the Service.
2.
License Grant
2.1. E-Law hereby grants User the nonexclusive, nontransferable, limited, terminable
right to use the Service according to the Terms and any additional terms posted
on the E-Law.com Web site.
2.2. User agrees that information provided or accessible to User through the Service
("Information") is for User's own use in the ordinary course of his/her
business. User can share Information with clients but shall not provide any
right of access to Information to any third party, including, its clients. User
is prohibited from repackaging Information and is prohibited from providing any
ongoing services to third parties through or from the Service.
2.3. User shall not use the Service in a manner contrary to or in violation of any
federal, state, or local laws, rule or regulation.
2.4. User shall not use the Service in violation of the Fair Credit Reporting Act
(15U.S.C. 1681, et seq.). User agrees that any information obtained from the
Service will not be used as a factor in establishing a client's eligibility for
credit or insurance to be used primarily for person, family or household
purposes, for employment purposes, for residential tenant screening, for
governmental licenses, or for other uses which are covered by the Fair Credit
Reporting Act.
3.
Service and Limitations of Service
3.1. User acknowledges, by accepting the terms of this Agreement, that any and all
Deliverables served upon User, as a Recipient, by Electronic Transmission shall
be deemed served as of the date(s) set forth in Section 4 and in compliance
with all applicable Court rules for the service of such Deliverables as if same
were reduced to paper and served by those means specifically permitted by such
Court rules, provided:(a) the email address to which the Electronic
Transmission is sent, as set forth on the User's eLaw registration page and
associated with the User ID, is a valid, existing and operable destination from
which such Electronic Transmission is neither rejected nor returned; and(b)
User, as recipient, does not report an error in viewing or downloading
Deliverables to E-Law either by email, Confirmatory email, telephone or any
other method of communication reasonably likely to notify E-Law of a
transmission error in a timely fashion.
3.2. User acknowledges that the eServe Service is a convenience service, and that
User can make alternative arrangements to deliver any necessary documents in
the event that the eServe Service is unavailable or malfunctioning. User
acknowledges that the timely filing and delivery 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 delivery of any
such documents. While E-Law will use reasonable efforts to electronically
transmit any Deliverables for which Service Fees have been paid, User agrees
that neither E-Law, nor any of its licensors, suppliers or contractors, shall
have any liability whatsoever associated with the delivery or failure to
deliver any Deliverables submitted via the eServe Service.
3.3. Service shall include, but not be limited to the following:
3.3.1. "Electronic
Delivery" which is the Electronic Transmission of Deliverables to Recipients
who subscribe to this Service.
3.3.2. "Courier Delivery"
which is the delivery of User's Deliverables via hand delivery, or overnight
courier to a Recipient non-subscribing recipient or a Recipient that had technical difficulties accessing the Deliverables electronically. Where
such Courier Delivery includes a Summons, complaint or other document, the
service of which is pursuant to the commencement of an action or proceeding and
intended to exercise personal jurisdiction over the person or entity so served,
E-Law, through its affiliates and partners, shall serve and deliver User's
Deliverables in a manner appropriate to effectuate such personal service and in
accordance with all applicable laws, rules, practices and customs regarding the
service of legal process in the applicable jurisdiction. Anything contained
herein to the contrary notwithstanding, nothing in this paragraph shall be
deemed or construed to diminish, limit, or otherwise modify e-Law's limitation
of liability or exclusion of consequential damages for a failure to timely or
properly serve legal process, as set forth in Sections 5 and 12, shown below.
3.3.3. The Service also
includes E-Law's delivery of a Certificate of Service, Affidavit of Service
(Courier Delivery), Confirmatory Email, and/or a Deliverables Notice. The
procedures concerning the delivery of these items are set forth in Section 7 of
this Agreement.
4.
Acceptance of Deliverables
4.1. User, when a Recipient, shall be deemed to acknowledge service of an Electronic
Transmission sent by email when User, as a Recipient, clicks on the link in a
message in their Email Inbox or otherwise engages the Deliverables to be
viewed, so long as a subsequent error report is not made by User, as Recipient.
The date and time of service shall relate back to the time User, as
Sender, engaged the eServe system to serve User, as Recipient, as reflected in
the date and time logs of the eLaw system servers.
4.2. If Recipient has technical difficulty opening the electronic message within the
Acceptance Period, Recipient shall notify E-Law immediately via email and
orally to the designated E-Law representative as to the method of delivery Elaw
shall deliver the Deliverables. Such
reporting of difficulty shall nullify any attempted service prior to such
report for that particular Deliverable for which service is attempted.
4.3.
If
Recipient neither accepts the email link, by clicking on it to view the
Deliverables, nor reports an error viewing the Deliverables or other trouble
with the transmission, within two (2) court business days of the sending by
User, as Sender (the "Acceptance Period"), then User, as Recipient, shall be
deemed to acknowledge service as though User, as Recipient, had clicked on the
link or otherwise engaged the Deliverables to be viewed as set forth in 4.1
above. The date and time of service shall relate back to the time User, as Sender, engaged the eServe
system to serve User, as Recipient, as reflected in the date and time logs of
the eLaw system servers.
4.4.
If a non-subscribing recipient neither
accepts the email link, by clicking on it to view the Deliverables, nor reports
an error viewing the Deliverables or other trouble with the transmission,
within two (2) court business days of the sending by User, as Sender (the
"Acceptance Period"), then the User, as Sender, hereby authorizes E-Law to
serve said non-subscribing recipient by any other permitted means, including
Courier Delivery, as referenced in Section 3.3.2, hereinabove, and User, as
Sender consents to the imposition of E-Law's regular charges to User's account
for the performance and completion of such service.
5.
Representations and Warranties
5.1. E-Law represents, warrants and covenants to User that:
5.1.1. E-Law is a limited
liability company duly organized, validly existing and in good standing under
the laws of New Jersey ;
5.1.2. E-Law has the
power and authority and legal right and capacity to execute and deliver, and to
perform its obligations, under this Agreement, and has taken all necessary
actions to authorize its execution, delivery and performance; and
5.1.3. This Agreement
constitutes a legal, valid and binding obligation of E-Law enforceable against
E-Law in accordance with its terms, except as affected by bankruptcy,
insolvency, reorganization, moratorium and other similar laws relating to or
affecting the enforcement of creditors' rights generally, general equitable
principles and an implied covenant of good faith and fair dealing.
5.2. E-LAW SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL ORCONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO,LOSS OF PROFITS OR INCOME, ARISING FROM THE
DELIVERY,MIS-DELIVERY OR NON-DELIVERY OF THE DELIVERABLES, ORTHE
NON-PERFORMANCE OF ASSOCIATED SERVICES
5.3. Service is provided "As Is." THERE ARE NO WARRANTIES WITH RESPECT TO THE
SERVICE, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Elaw DOES NOT
WARRANT THAT SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVICE WILL MEET USER'S REQUIREMENTS.
6.
User's Responsibilities
6.1. User is solely responsible for maintaining its computer software and equipment
and ensuring that such software and equipment is capable of accessing the
E-Law.com Web site wherein this Service is offered. eServe functionality
requires Internet Explorer Version 6.0 or higher.
6.2. User is solely responsible for obtaining and maintaining access to the Internet
either through an Internet Service Provider or otherwise.
6.3. User is responsible for maintaining the security and confidentiality of the
User ID assigned to it by E-Law. User shall immediately notify E-Law via email
if a User ID is no longer operable or has been misused or compromised. E-Law
will cancel a User ID upon an email request from User. E-Law shall have no
liability to User or any third party for any claim based upon misuse of a User
ID. E-Law may revoke User's license to use the Service in the event that Elaw
suspects unauthorized use of the User ID or any activity that compromises the
Service. Each User ID issued will be used only by the User for whom it was
issued and will not be shared under any condition.
6.3.1. In many instances, the form, format and content of Deliverables unloaded on
E-Law is governed by various Court Rules. User is responsible for complying
with all applicable Court Rules affecting any Deliverable, particularly those
related to electronic filing and signature issues. E-LAW WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR THE COURT'S REJECTION OF AN ELECTRONIC FILING
BASED UPON A USER'S FAILURE TO COMPLY WITH APPLICABLE COURT RULES. The
uploading of Deliverables shall be conclusively presumed to originate from, and
bear the identity of, the User whose E-Law registration is associated the
UserID/Password login combination for the uploading account. Where permitted,
whenever Court Rules relating to electronic filing substitute a User
ID/Password login combination for a handwritten signature (or facsimile
thereof) or otherwise, a User's E-Law UserID/Pasword login combination shall
also serve this same User identity verification purpose.
6.4. User is solely responsible for the accuracy of information emailed and uploaded
to E-Law.
6.5. User is solely responsible for notifying E-Law of any changes in User's contact
information including, but not limited to, changes in mailing address,
facsimile number or email address.
6.6. User is solely responsible to check User's Email Inbox to see if
Recipient(s)received User's Deliverables. User will receive a Certificate of
Service via email from E-Law indicating receipt of the Deliverables.
6.7. User is responsible for uploading or emailing Deliverables to E-Law for
Electronic Transmission to the Recipient.
6.8. User is responsible for insuring that uploaded Deliverables are free of
viruses. If User has emailed or uploaded a Deliverable with a virus, E-Law has
no responsibility for electronic transmission problems caused by the virus. At
a minimum, User shall install a commercial virus detection program to scan
files and Deliverables submitted to E-Law electronically. The Parties agree,
however, that no virus detection software is one-hundred percent effective
against all viruses, and E-Law shall have no liability regarding the
contamination of files or Deliverables.
7.
E-Law's Responsibilities
7.1. Once Deliverables are emailed or uploaded to E-Law by the User, E-Law will send
an email to the Recipient (the Deliverables Notice) indicating a link and
password to a web site where the Deliverables can be downloaded. By clicking on
the link, E-Law will enable the Recipient of the e-mail to download the
Deliverables. If the Recipient is a Court (see Section 1.5), Deliverables shall
be transmitted to said Court in accordance with the procedure and protocol
developed between E-Law and the Court and subject to the limtations incident
thereto over which E-Law has no control, including but not limited to: (1) the
Court's systems availability and accessibility; (2) the Court's date and time
stamp; and (3) Court personnel required or designated to receive, intake or
process said Deliverables.
7.2. Upon Recipient's downloading of the Deliverables, E-Law will send a
Confirmatory Email to the Recipient indicating that the Deliverables were
successfully downloaded by the Recipient.
7.3. A Certificate of Service will be sent to User via email providing User with a
date and time record confirming the time the email was opened and the time and
date the Deliverables were accessed and downloaded by Recipient. E-Law will
also provide a Certificate of Service (or Affidavit of Service) to User
with a date and time record that the Deliverables were received via the mails
(or by Courier Delivery pursuant to Section 3.3.2) if Recipient is not a
subscriber to the Service or, in the alternative, if Recipient is a subscriber
to the Service but had technical difficulty downloading Deliverables and
informed E-Law of such difficulty.
8.
Service Fees
8.1. The fees for Service performed by E-Law pursuant to this Agreement shall beset
forth on the E-Law.com Web site.
9.
Modification of Terms and Service.
9.1. E-law reserves the right to alter the terms of this Agreement. Please check
theE-law.com Web site periodically for changes. Continued use of E-law.com
services or use of the E-law.com Web site or any other E-law.com Web site
following the posting of changes to this Agreement will mean acceptance of such
changes.
9.2. If User objects to such change, User's sole recourse will be to revoke its
subscription to the Service.
10.
Force Majeure
10.1. E-Law will not be in breach of
this Agreement in the event that it is unable to perform its obligation under
this Agreement, if the failure to perform is due to an interruption or delay
due to causes beyond reasonable control, such as acts of God, acts of any
government, war or other hostility, civil disorder, the elements, fire,
explosion, power failure, failure of equipment not under the control of either
Party, transmission line or communications failure or unavailability,
industrial or labor dispute, inability to obtain necessary supplies and the
like. User acknowledges that the Internet is not a perfect communication system, and that delays and
possibly interruption of Internet access are inherent. In no event will either Party be responsible or liable for: (1) any problem relating to
telephone lines or other transmission devices not entirely under the control of
either Party, including but not limited to electronic digital connections
to any Court; (2) the unavailability of telephone lines or other electronic
transmission lines or devices not under the control of either Party that
results in User's inability to reach the E-Law.com Web site for the intended
purpose; and (3) any alteration or destruction of documents resulting from
third parties' unauthorized access to E-Law.com except to the extent that such
access and alteration or destruction of information results directly from
E-Law's willful or reckless acts.
11.
Termination
11.1. User may terminate this
Agreement at any time provided that E-Law is given thirty days (30) written
notice of User's intention to terminate.
11.2. E-Law may terminate this
Agreement at any time without notice from E-Law if in E-Law's sole discretion
you fail to comply with any term or provision of these terms. Upon termination,
you must destroy all materials obtained from E-Law and any other E-Law.com Web
site(s) and all copies thereof. E-Law may terminate the subscription of any
User that engages in conduct tending to interfere with, or interrupt, operation
of the Service, as determined solely by E-Law.
12.
Limitation of Liability
12.1. UNDER NO CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO,NEGLIGENCE, SHALL E-LAW BE LIABLE FOR ANY
SPECIAL,CONSEQUENTIAL, PUNITIVE, OR DAMAGES THAT RESULT FROMTHE USE OF, OR THE
INABILITY TO USE THE SERVICE, OR ANYINTERRUPTION OF BUSINESS, LOSS OF PROFITS
OR OTHERINFORMATION, REGARDLESS OF THE FORM OF THE ACTION,WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE),STRICT PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF AN
E-LAWAUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THEPOSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOTALLOW THE LIMITATION OR EXCLUSION, SO THE ABOVELIMITATION OR EXCLUSITON MAY NOT APPLY TO YOU.
12.2. In no event shall User's
damages for E-Law's failure to deliver or perform the Service set forth herein
exceed the amount of the Service Fee User actually paid to E-Law for the use of
the Service which caused damages to User.
13.
Notices
13.1. All notices and communications
under this Agreement shall be in writing and shall be given by either (a)
hand-delivery or (b) reliable overnight commercial courier (charges prepaid) or
by email to the address listed below, unless otherwise provided in this
Agreement.
14.
Governing Law
14.1. Interpretation and enforcement
of this Agreement shall be governed by the laws of the State of New Jersey
, without reference to its
conflicts of law rules.
15.
Severability
15.1. If for any reason an
arbitrator or court of competent jurisdiction finds any provision of this
Agreement, or portion thereof, or the application thereof to be void, invalid
or unenforceable, that provision of this Agreement shall been forced to the
maximum extent permissible so as to effect the intent of the Parties, and the
remainder of this Agreement shall continue in full force and effect.
16.
No Rights in Third Parties
16.1. This Agreement is made for the
benefit of E-Law and User, and not for the benefit of any third parties.
17.
Section Headings
17.1. The section headings used in
this Agreement are for convenience of reference only and are not to affect the
construction hereof or be taken into consideration in the interpretation
hereof.
18.
Integration
18.1. This Agreement and acceptance
of the Terms of Conditions of Use for the Elaw.com Web site constitute the sole
agreement of the parties with respect to the transaction contemplated hereby
and supersede all oral negotiations and prior writings with respect hereto.
19.
Arbitration
19.1.
All disputes related to or
arising out of the Agreement (other than claims for injunctive relief) must be
submitted to streamlined final and binding arbitration. The arbitration shall
be conducted under the auspices of American Arbitration Association ("AAA"),
and shall be initiated and conducted in accordance with its Commercial
Arbitration Rules, except that the parties may select an arbitrator outside
American Arbitration Association rules upon mutual agreement. Judgment upon the
award rendered by the arbitrator shall be deemed final, binding and
non-appealable and may be entered in any court having jurisdiction. Each party
shall bear its own costs of these procedures. The parties shall equally split
the fees of the arbitration and the arbitrator.
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