Table of Content
User Agreement - Arizona
User Agreement - California
User Agreement - Connecticut
User Agreement - New Hampshire
User Agreement - All other jurisdictions
USER AGREEMENT – ARIZONA
Your access or use of the Arizona Courts e-filing website is subject to the following terms and conditions, and all applicable rules and laws. By clicking on the "Register" button during the registration process or the "eFile" button when you submit your forms, you agree to the following terms and conditions:
A. General Provisions
The Arizona Courts, their vendors, suppliers, Internet service providers, partners, affiliates or agents, and the employees and contractors thereof, are not responsible for any delays or non-delivery of your documents due to technical difficulties or for any other cause. All risk in connection with filing and/or e-serving your documents within the applicable statute of limitations period or any other statute, court rule, or court order, shall be borne by you and the Arizona Courts, their vendors, suppliers, Internet service providers, partners, affiliates or agents, and the employees and contractors thereof, shall have no liability in connection therewith.
Failure to have your documents delivered and accepted by the Arizona Courts and/or the recipients of your e-service in a timely manner may affect valuable legal rights, including your ability to bring your case under the statute of limitations. Use of the Arizona Courts e-filing website does not alter or extend any statutory deadlines or deadlines imposed by court rule or court order. Failure to meet any statutory deadlines will not be excused even if the failure to meet the deadline is caused by the Arizona Courts error or any technical or electronic malfunction relating to use of the Arizona Courts e-filing website.
If you do not receive timely email notifications confirming delivery and acceptance of your documents by the Arizona Courts and/or the recipient of your e-service, it is your responsibility to confirm that your documents have been successfully delivered and accepted by the appropriate court and/or recipient. You can confirm delivery and acceptance of your documents by either logging in to this website or, for acceptance by the court, by contacting the court where you filed your documents.
By clicking the "eFile" button, you acknowledge that the electronically filed documents you are submitting are considered signed, including when they are required to be under penalty of perjury.
You assume all risk associated with use of this site, including but not limited to identity theft and/or fraudulent credit card charges.
B. Conduct
You agree to access and use the Arizona Courts e-filing website only for lawful purposes. You are solely responsible for the knowledge of and adherence to all laws, statutes, local rules, court rules, and policies pertaining to your use of the Arizona Courts e-filing website. The Arizona Courts e-filing website is not intended as a substitute for a lawyer. To the extent that you require legal advice, you must consult a legal professional.
BY ACCESSING THE ARIZONA COURTS E-FILING WEBSITE YOU WILL NOT:
Use the Arizona Courts e-filing website to commit a criminal offense or to encourage others to engage in any conduct that would constitute a criminal offense or give rise to civil liability.
Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful or inappropriate content.
Use the Arizona Courts e-filing website to impersonate other parties or entities.
Use the Arizona Courts e-filing website to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the Arizona Courts e-filing website or the hardware or software of any other person who accesses the Arizona Courts e-filing website.
Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual obligation.
Alter, damage, or delete any content posted on the Arizona Courts e-filing website.
Disrupt the normal flow of communication in any way.
Make any unauthorized claims of a relationship with or representation of any business, association, or other organization.
Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation.
Post any material that infringes upon or violates the intellectual property rights of another.
Mine the Arizona Courts e-filing website to collect personal information about others.
Engage in conduct that violates any copyright laws, worldwide, or carry out any unauthorized copying of information, images, or text contained in the Arizona Courts e-filing website.
C. Use of Information and Responsibility for Use of Password
If you choose to submit information to the Arizona Courts and to recipients of e-service, the transaction may not necessarily be secure.
You are entirely responsible for any and all activities that occur under your account and you accept responsibility for maintaining the security of your username and password. Neither the Arizona Courts, their employees, vendors, suppliers, Internet service providers, partners, affiliates, or agents, nor the employees and contractors thereof, will be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. Should you allow others access to your password, you will be responsible for all actions such persons might take with respect to your Arizona Courts e-filing website data files and will hold the Arizona Courts harmless from all such actions. You may not use anyone else's account at any time without the permission of the account holder. If you suspect a password has been compromised in any way, such as use of the password by an unauthorized person, or resignation or reassignment of a person previously authorized to use the password, you must immediately reset your password. If you believe that your password may have been used inappropriately, you must contact the AOC Support Center as soon as practicable at either support@courts.az.gov or 602-452-3519 or 1-800-720-7743.
D. Fees
User Fee
You understand there will be an additional user fee associated with use of the e-service functionality on the Arizona Courts e-filing website. The user fee for e-service is not refundable, even if the recipient does not accept e-service of the documents through the website.
Filing Fee
You understand there may be a filing fee associated with filing a specific document with the court. The filing fee will vary among documents and may vary from court to court for the same document. The Arizona Courts will make every effort to calculate the correct filing fee for the specific document you are filing; however, should there be a discrepancy between the filing fee calculated by Arizona Courts and the filing fee charged by the court, you are responsible for the difference.
Use of Credit Card
You acknowledge that credit card and billing information you provide for the processing of your payment is valid.
You agree that your failure to pay all applicable user fees and/or filing fees or your act of canceling any credit card transaction for applicable user fees and/or filing fees gives the Arizona Courts the right and authority to take such actions as they deemnecessary to collect such fees and any costs associated with collection of such fees. Such actions include but are not limited to (a) filing a court action against you, (b) reporting such action to credit rating services, (c) working with your credit card company to cause the charge to be made, or (d) assigning such nonpayment to a collection agency. In addition, as penalty for nonpayment, you agree to pay a one-time late fee of $25.00.
E. Other Site Links
Some links on the Arizona Courts e-filing website may lead to websites that are not operated by the Arizona Courts. The Arizona Courts do not control these websites and do not guarantee the accuracy, relevance, timeliness, or completeness of information contained on the linked websites. The Arizona Courts provide these links to users for convenience. These links are not an endorsement or warranty of any kind of products, services, or information and do not imply an association between the Arizona Courts and the operators of the linked website. When you select a link to an outside website, you are subject to the terms and conditions of the owner/sponsors of that website. The use of any of these websites or products available on these websites will not result in any special treatment by the Arizona Courts.
F. Use of Email
You specifically agree that you will not utilize email addresses obtained from the Arizona Courts e-filing website for any purpose other than the litigation for which the email address was provided. The Arizona Courts, in their sole discretion, will identify violations of the limitations on email usage set forth in this Agreement. Violations may result in denial of support or services, or other consequences.
G. Privacy
Normal Website Usage
The Arizona Courts may collect and store typical web server log data during normal use of the Arizona Courts e-filing website by you. Examples of this type of data include the name of your Internet service provider, the website that referred you to the Arizona Courts e-filing website, pages you request, the time and date of those requests, etc. The Arizona Courts may use this information to generate statistics and/or measure website activity. This same information may be shared with third parties to provide these services and/or to analyze, store, or aggregate the information. It may also be shared with third parties working with the Arizona Courts to improve the services of the Arizona Courts e-filing website. This type of data generally does not contain personally identifying information. When collected, the connection is not secure.
Personally Identifying Information
The Arizona Courts may request personally identifying information to provide you with a service at your request. This information, such as name, mailing address, email address, computer system information, and type of request, is collected and stored in a manner appropriate to the nature of the request (such as customer support), as determined by the Arizona Courts to fulfill your needs or to communicate effectively with you. The Arizona Courts e-filing website may provide links to third-party websites not controlled by the Arizona Courts. It is recommended that you check the specific privacy policy of any website before providing any personally identifying information. The Arizona Courts are not responsible for the privacy policies or security of any third-party websites.
Email
If you send personally identifying information via email, the Arizona Courts will use that information for the purpose identified in the email message (such as customer support) and to improve The Arizona Courts e-filing website services for you.
Confidential or Sealed Documents and Cases
The security of any confidential or sealed documents or cases filed and/or e-served through the Arizona Courts e-filing website is not guaranteed. It is recommended that you file all confidential or sealed documents on paper at the courthouse and serve the documents in paper directly to the recipient.
Responsibility for Acceptance of Notification
Once you file and/or e-serve your documents through the Arizona Courts e-filing website, the Arizona Courts will notify you via email with certain information specific to your case. Some people have software programs installed on their computers that block unsolicited email. You are solely responsible for taking such action as may be necessary to permit the Arizona Courts' email notifications to arrive safely in your email mailbox. The Arizona Courts, their vendors, suppliers, Internet service providers, partners, affiliates or agents, and the employees and contractors thereof, are not responsible for notifications the Arizona courts send that fail to arrive in your email mailbox due to the presence of spam protection software.
H. Termination of Use
The Arizona Courts may, in their sole discretion, terminate or suspend your access to and use of the Arizona Courts e-filing website without a notice and for any reason, including for violation of these terms and conditions of use, discontinuance of services, or content modifications to the Arizona Courts e-filing website, technical problems or errors, extended periods of inactivity, upon request by law enforcement or other governmental agency, or for other conduct the Arizona Courts, in their sole discretion, believe is unlawful or harmful to others. In the event of termination, you will no longer be authorized to use the Arizona Courts e-filing website, and the Arizona Courts may use any means possible to enforce this termination.
I. Indemnity
You agree to indemnify, defend, save and hold harmless the Arizona Courts, the State of Arizona, and their departments, agencies, boards, commissions, officers, officials, agents, and employees, and their vendors, suppliers, Internet service providers, partners, affiliates or agents, and the employees and contractors thereof, from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as Claims) arising from any breach by you of these terms and conditions of use. You agree to cooperate fully with the Arizona Courts and their vendors, suppliers, Internet service providers, partners, affiliates, or agents, in the defense of any such claims. The Arizona Courts reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter involving the breach of these terms and conditions of use without the written consent of the Arizona Courts.
J. Disclaimer of Warranty
You expressly understand and agree that your use of the Arizona Courts e-filing website, or any material, or services available through the Arizona Courts e-filing website, is at your own risk. The information or services may be subject to errors or omissions. Neither the Arizona Courts, their vendors, suppliers, Internet service providers, partners, affiliates or agents, nor the employees or contractors thereof, warrant that the Arizona Courts e-filing website will not be interrupted, problem-free, nor that the Arizona Courts e-filing website is free of software viruses, worms, or Trojan horses, omissions, or errors, nor do they make any warranty as to the results that may be obtained from the use of the Arizona Courts e-filing website. The content and function of the Arizona Courts e-filing website are provided to you "as is", without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose or use, or currency. You acknowledge and agree that neither the Arizona Courts nor any other governmental agency, entity or body nor any vendor or service, nor the employees or contractors thereof, relating in anyway to the Arizona Courts e-filing website is or will be liable in any way whatsoever for the accuracy, validity, timeliness, or security of the information provided or transmitted. This Agreement supersedes all other representations, written and oral, which have been or may be made by the Arizona Courts or their employees, suppliers, vendors, Internet service providers, partners, affiliates, or agents.
K. Limitation of Liability
In no event will the Arizona Courts or their employees, suppliers, vendors, Internet service providers, partners, affiliates, or agents or the employees and contractors thereof, be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages arising out of your use of or inability to use the Arizona Courts e-filing website, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.
The Arizona Courts reserve the right to modify or discontinue any services provided on this website and any conditions of use with or without notice. This may occur periodically for maintenance and may include temporary or permanent changes.
You are responsible for the accuracy, authenticity, validity and completeness of your own document and e-service submissions. You are also responsible for meeting any deadlines associated with your document and e-service submissions and for confirming that your documents have been accepted. The Arizona Courts or their employees, suppliers, vendors, Internet service providers, partners, affiliates, or agents, or the employees and contractors thereof, are not responsible, and shall have no liability to you for any material submitted by others, including defamatory, offensive or illicit material.
You are responsible for risks to your own systems and information and must take steps for your own protection such as using anti-virus software, making frequent backups and maintaining network firewall protection. The Arizona Courts or their employees, suppliers, vendors, Internet service providers, partners, affiliates, or agents are not responsible for your computer systems or networks.
L. Governing Law
The laws and rules of the State of Arizona shall govern this Agreement, without regard to conflict of laws principles. In the event there are applicable amendments to the laws and rules of the State of Arizona, those amendments shall automatically become part of this Agreement. Any legal action brought concerning this Agreement or any dispute hereunder shall be brought only in the courts of the State of Arizona, in the County of Maricopa, or in the federal courts located in Maricopa County, Arizona. Both parties submit to venue and jurisdiction in these courts. In the event that an action or claim arises outside of these jurisdictions, which names any Arizona court, or its employees, suppliers, vendors, Internet service providers, partners, affiliates, or agents in connection with this Agreement, you agree to initiate, consent to and/or cooperate with any and all efforts to remove the matter to the exclusive jurisdiction of the state courts of Arizona or the federal courts located in Maricopa County, Arizona, or to otherwise take any and all reasonable actions to achieve the Arizona Courts' objectives of this provision.
M. Modification of the Agreement
The Arizona Courts maintain the right to modify these terms and conditions of use and may do so by posting notice of such modifications on this page. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of the Arizona Courts e-filing website following the posting of any modification signifies your acceptance of such modification. You should periodically visit this page to review the current terms and conditions of use.
N. Waiver
No waiverof any right under this Agreement shall be deemed effective unless contained in writing signed by a duly authorized representative of the Arizona Courts, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement.
O. Assignment
This Agreement and your use of Arizona Courts e-filing website are not assignable without the prior written consent of the Arizona Courts. Any attempt at assignment without such consent shall be null and void and of no force and effect.
P. Severability of Terms of this Agreement
The invalidity, illegality, or unenforceability of one or more provisions in this Agreement shall not affect any other provision in this Agreement.
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USER AGREEMENT – CALIFORNIA
Your use of TurboCourt is your acknowledgement that you read, understood, and agreed to the following terms and conditions regarding the use of TurboCourt:
The COURT reserves the right to terminate your use of and access to TurboCourt under certain circumstances and at any time and without prior notice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) request by law enforcement or other government agencies, (c) discontinuance of services or content modifications to this web site, (d) technical problems or errors, and (e) extended periods of inactivity.
The COURT reserves the right to modify or discontinue any services provided on this web site and any conditions of use with or without notice. This may occur periodically for maintenance and may include temporary or permanent changes.
The information and data provided by this web site are being provided as-is without warranty of any kind. The information may be subject to errors or omissions. To the extent permitted by applicable law, the COURT disclaims all warranties, including, without limitation, any implied warranties of merchant ability, accuracy and fitness for a particular purpose, and non-infringement. The user acknowledges and agrees that neither the COURT nor any other governmental agency, entity or body nor any vendor or service relating any way to the COURT’S online efforts is or will be liable in any way whatsoever for the accuracy, validity, or security of the information provided or transmitted.
In no event shall the COURT or any other governmental agency, entity or body or any vendor or service provider associated with any of this COURT’S online efforts be liable for damages of any nature based on any theory of liability, including but not limited to contract, negligence or any other torts (including intentional torts), including but not limited to damages for loss of property, loss of profits, lost compromised or impaired claims, lost savings, lost fees, or any other damages whatsoever, arising out of or relating in any way to the use of TurboCourt. Accordingly, you acknowledge and understand that you use this web site at your own risk.
All applicable provisions of the California Rules of Court are incorporated into this agreement, and in the event, there are applicable amendments to the California Rules of Court, those amendments shall automatically become part of this agreement.
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USER AGREEMENT – CONNECTICUT
To register for an account with the Connecticut Probate Courts eFiling system, you must accept the terms of the user agreement as explained below. Failure to accept these terms will take you back to the login screen.
The Connecticut Probate Courts eFiling system user (the "User") accepts and agrees as follows:
- The user agrees to access the eFiling system only for lawful purposes. The user is solely responsible for the knowledge of and adherence to all laws, statutes, rules, standards and policies pertaining to use of the eFiling system.
- The user is responsible for the accuracy, authenticity, validity, and completeness of the user's document submissions. The user is also responsible for meeting any deadlines associated with the user's document submissions and for confirming that documents have been submitted and eFiled.
- By clicking the "eFile" button, the user acknowledges that a document filed electronically has been signed by the appropriate party.
- If the user does not receive timely email notification confirming submission of a document or that the document has been eFiled, it is the user's responsibility to confirm submission and eFiling status. The user can confirm submission and eFiling status of documents by logging in to the eFiling system or by contacting the court where the user filed the documents.
- The user is responsible for risks to the user's own systems and information and must take steps for the user's own protection such as using anti-virus software, making frequent backups and maintaining network firewall protection. The Office of the Probate Court Administrator ('PCA') is not responsible for the user's computer systems or networks.
- The user will not:
1. Use the eFiling system to commit a criminal offense, to engage in conduct that could give rise to civil liability or to encourage others to engage in any conduct that would constitute a criminal offense or give rise to civil liability.
2. Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful or inappropriate content. PCA is not responsible and shall have no liability to a user for any material submitted by others, including defamatory, offensive or illicit material.
3. Impersonate other parties or entities.
4. Upload any content that contains a software virus, ''Trojan Horse'' or any other computer code, file or program that may alter, damage, or interrupt the functionality of the eFiling system or the hardware or software of any other person who accesses the eFiling system.
5. Upload, post, email, or otherwise transmit any materials that the user does not have a right to transmit under any law or contractual obligation.
6. Alter, damage, or delete any content on the eFiling system.
7. Disrupt the normal flow of communication in the eFiling system.
8. Make any unauthorized claims of a relationship with or representation of any person, business, association, or other organization.
9. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation.
10. Post any material that infringes upon or violates the intellectual property rights of another.
11. Perform bulk extractions, data mining, web harvesting and/or any other similar automated activity.
12. Engage in conduct that violates any copyright laws or carry out any unauthorized copying of information, images, or text contained in the eFiling system.
13. Perform any activity that PCA determines, in its sole and absolute discretion, may be harmful to the eFiling system or other users.
14. Use email addresses obtained from the eFiling system for any purpose other than the Connecticut probate matter for which the email address was provided. PCA, in its sole and absolute discretion, will identify violations of the limitations on email usage set forth in this Agreement. Violations may result in denial of support or services or other consequences.
- The user acknowledges that credit card, eCheck, and billing information that the user provides for the processing of payments is valid.
Additionally, please note the following:
- PCA reserves the right to modify or discontinue any services provided in the eFiling system including,but not limited to: (a) restricting availability times; (b) restricting compatibility with certain computer software or hardware; (c) restricting amounts of use permitted; and (d) restricting, suspending, or terminating any person's access to the eFiling system at PCA's sole and absolute discretion and without prior notice or liability. This may occur periodically for maintenance and may include temporary or permanent changes.
- PCA may, in its sole and absolute discretion, terminate or suspend a user's access to the eFiling system without notice and for any reason, including for violation of this Agreement, discontinuance of services or content modifications to the eFiling system, technical problems or errors, extended periods of inactivity, upon request by law enforcement or other governmental agency, or for other conduct PCA, in its sole and absolute discretion, believes is unlawful or harmful to others. In the event of termination, the User will no longer be authorized to use the eFiling system, and PCA may use any means possible to enforce this termination.
- The means for the presentation of any claim against PCA shall be in accordance with Chapter 53 of the Connecticut General Statutes (Claims Against the State). Except as provided herein, the user agrees not to initiate such legal proceedings in any state or federal court in addition to, or in lieu of, said Chapter 53 proceedings. Any matter arising out of this Agreement that is not subject to the provisions of Chapter 53 shall be brought only in the courts of the State of Connecticut in the Judicial District of Hartford at Hartford or the U.S. District Court for the District of Connecticut in Hartford, as appropriate. The user agrees to submit to venue and jurisdiction in these courts. In the event that an action or claim arises outside of these jurisdictions which names PCA in connection with this Agreement, the user agrees to initiate, consent to and/or cooperate with any and all efforts to remove the matter to the exclusive jurisdiction of the state courts of Connecticut or the U.S. District Court for the District of Connecticut in Hartford, or to otherwise take any and all reasonable actions to achieve the objectives of this provision.
- PCA reserves the right to modify the Agreement and may do so by posting notice of such modifications on this page. Any modification is effective immediately upon posting, unless otherwise stated. The user's continued use of the eFiling system following the posting of any modification signifies acceptance of such modification. The user should periodically visit this page to review the current Agreement.
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USER AGREEMENT – NEW HAMPSHIRE
Your access or use of the New Hampshire Judicial Branch (NHJB) e-filing website is subject to the following Agreement as well as all applicable laws and rules. By clicking on the "Register" button or the "Register Now" button during the registration process or the "e-File" button or the "Submit" button when you submit your forms, you agree to the following terms:
Section A. General Provisions
All applicable rules of court for the NHJB are incorporated into this Agreement. If there are applicable amendments to the rules of court for the NHJB, those amendments shall automatically become part of this Agreement. To access the rules of court for the NHJB go to http://www.courts.state.nh.us/rules/index.htm.
The NHJB, its vendors, suppliers, Internet service providers, partners, affiliates or agents, and the employees and contractors thereof, are not responsible for any delays or non-delivery of your documents due to technical difficulties or for any other cause. All risk in connection with filing and/or e-serving your documents within the applicable statute of limitations period or any other statute, court rule, or court order, shall be borne by you; and the NHJB, its vendors, suppliers, Internet service providers, partners, affiliates or agents, and the employees and contractors thereof, shall have no liability in connection therewith. NHJB will make reasonable efforts to:
a. Perform an IT-based investigation of whether or not the party attempted to file.
b. Allow the filer to prove via their IT services that the email or filing left their network successfully.
c. Allow a late filing, if permitted by law.
Failure to follow requirements found in NH Statutes, rules, this Agreement, terms and conditions, policies, and requirements, will not constitute a valid excuse for failing to file in a timely and proper manner. These documents can be found on the NH e-Court Project e-filing webpage.
Failure to have your documents delivered and accepted by the NHJB and/or the recipients of your e-service in a timely manner may affect valuable legal rights, including your ability to bring your case under the statute of limitations. Use of the NH e-Court Project e-filing website does not alter or extend any statutory deadlines or deadlines imposed by court rule or court order.
If you do not receive timely email notifications confirming delivery and acceptance of your documents by the NHJB, then it is your responsibility to confirm that your documents have been successfully delivered to, and accepted by, the appropriate court. You should receive delivery confirmation within minutes; you should receive acceptance confirmation within two business days. You can confirm delivery and acceptance of your documents by either logging in to the NH e-Court Project e-filing website or, for acceptance by the court, by contacting the court at 1-855-212-1234.
By clicking the "e-File" button or the "Submit" button, you acknowledge that the electronically filed documents you are submitting are considered signed. False statements in your documents may subject you to criminal penalties and/or court sanctions.
You assume all risks associated with use of this site, including, but not limited to, identity theft and/or fraudulent credit card charges.
B. Conduct
You agree to access, and use, the NH e-Court Project e-filing website only for lawful purposes. You are solely responsible for the knowledge of, and adherence to, all laws, court rules, and policies pertaining to your use of the NH e-Court Project e-filing website. The NH e-Court Project e-filing website is not intended as a substitute for a lawyer. To the extent that you require legal advice, you should consult a legal professional.
BY ACCESSING THE NH E-COURT PROJECT E-FILING WEBSITE YOU WILL NOT:
Commit a criminal offense or encourage others to engage in any conduct that would constitute a criminal offense or give rise to civil liability.
Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful or inappropriate content.
Impersonate other parties or entities.
Upload any content that contains a software virus, computer code, files, or programs that may alter, damage, or interrupt the functionality of the NH e-Court Project e-filing website or the hardware or software of any other person who accesses the NH e-Court Project e-filing website.
Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual obligation.
Alter, damage, or delete any content posted on the NH e-Court Project e-filing website.
Disrupt the normal flow of communication in any way.
Make any unauthorized claims of a relationship with, or representation of, any business, association, or other organization.
Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation.
Post any material that infringes upon or violates the intellectual property rights of another.
Mine the NH e-Court Project e-filing website to collect personal information about others.
Engage in conduct that violates any copyright laws, worldwide, or carry out any unauthorized copying of information, images, or text contained in the NH e-Court Project e-filing website.
C. Use of Information and Responsibility for Use of Password
The NH e-Court Project may not be secure. Documents you file with the court or send to an e-service recipient may be viewed by others.
You are entirely responsible for all activities that occur under your account, and you accept responsibility for maintaining the security of your username and password. The NHJB will not be liable for any loss that you may incur because of someone else using your password or account, either with, or without, your knowledge. Should you allow others access to your password, you will be responsible for all actions such persons might take with respect to your NH e-Court Project data files and will hold the NHJB, its employees, vendors, suppliers, internet service providers, partners, affiliates or agents, and their employees and contractors, harmless from all such actions. You may not use anyone else's account at any time without the permission of the account holder. If you suspect a password has been compromised in any way, such as use of the password by an unauthorized person, or resignation or reassignment of a person previously authorized to use the password, then you must immediately reset your password. If you believe that your password may have been used inappropriately, then you must contact the NHJB as soon as practicable at 1-855-212-1234.
D. Fees
User Fee
Reserved for future Agreement.
Filing Fee
You understand there may be a filing fee associated with filing a specific document with the court. The filing fee will vary among documents. The NHJB will make every effort to calculate the correct filing fee for the specific document you are filing; however, should there be a discrepancy between the filing fee calculated by NH e-Court Project and the filing fee charged by the court, you are responsible for any underpayment.
You agree that your failure to pay all applicable filing fees or your act of canceling any credit card transaction for applicable filing fees gives the NHJB the right and authority to take such actions as they deem necessary to collect such fees and any costs associated with collection of such fees. Such actions include but are not limited to (a) dismissing the case or not accepting the document for which the fee was not paid; (b) filing a court action against you; (c) reporting such action to credit rating services; (d)working with your credit card company to cause the charge to be made; and (e) assigning such nonpayment to a collection agency.
E. Other Site Links
Some links on the NH e-Court Project e-filing website may lead to websites that are not operated by the NHJB. The NHJB does not control these websites, and it does not guarantee the accuracy, relevance, timeliness, or completeness of information contained on the linked websites. The NHJB provides these links to users for convenience. These links are not an endorsement or warranty of any kind of products, services, or information and do not imply an association between the NHJB and the operators of the linked website. When you select a link to an outside website, you are subject to the terms and conditions of the owner/sponsors of that website. The use of any of these websites or products available on these websites will not result in any special treatment by the NHJB.
F. Use of Email
You specifically agree that you will not utilize email addresses obtained from the NH e-Court Project e-filing website for any purpose other than the litigation for which the email address was provided. The NHJB, in its sole discretion, will identify violations of the limitations on email usage set forth in this Agreement. Violations may result in denial of support or services, or other consequences.
G. Privacy
Normal Website Usage
The NHJB may collect and store typical web server log data during normal use of NH e-Court Project by you. Examples of this type of data include the name of your internet service provider, pages you request and the time and date of those requests, etc. The NHJB may use this information to generate statistics and/or measure website activity. This same information may be shared with third parties to provide these services and/or to analyze, store, or aggregate the information. It may also be shared with third parties working with the NHJB to improve the services of NH e-Court Project. This type of data generally does not contain personally identifying information. When collected, the connection is not secure.
Personally Identifying Information
The NHJB may request personally identifying information to provide you with a service at your request. This information, such as name, mailing address, email address, computer system information, and type of request, is collected and stored in a manner appropriate to the nature of the request (such as customer support), as determined by the NHJB to fulfill your needs or to communicate effectively with you. NH e-Court Project may provide links to third-party websites not controlled by the NHJB. It is recommended that you check the specific privacy policy of any website before providing any personally identifying information. The NHJB is not responsible for the privacy policies or security of any third-party websites.
Email
If you send personally identifying information via email, the NHJB will use that information for the purpose identified in the email message (such as customer support) and to improve NH e-Court Project's services to you.
Confidential or Sealed Information or Documents
You agree to follow the procedures set forth the NHJB Small Claims Electronic Filing Pilot Rules regarding filing confidential information, confidential documents and sealed documents.
Responsibility for Acceptance of Notification
Once you file and/or e-serve your documents through the NH e-Court Project e-filing website, the NHJB will notify you via email with certain information specific to your case. Some people have software programs installed on their computers that block unsolicited email. You are solely responsible for taking such action as may be necessary to permit the NHJB email notifications to arrive safely in your email mailbox. The NHJB, its vendors, suppliers, Internet service providers, partners, affiliates or agents, and the employees and contractors thereof, are not responsible for notifications the NHJB send that fail to arrive in your email mailbox due to the presence of spam protection software.
H. Termination of Use
The NHJB, in their sole discretion, may terminate or suspend your access to and use of the NH e-Court Project e-filing website without notice and for any reason, including for violation of this Agreement, discontinuance of services or content modifications to the NH e-Court Project e-filing website, technical problems or errors, extended periods of inactivity, upon request by law enforcement or other governmental agency, or for other conduct the NHJB, in its sole discretion, believe is unlawful or harmful to others. In the event of termination, you will no longer be authorized to use the NH e-Court Project e-filing website, and the NHJB mayuseany means possibleto enforce this termination.
I. Indemnity
You agree to indemnify, defend, save and hold harmless the NHJB ,the State of New Hampshire, and their departments, agencies, boards, commissions, officers, officials, agents, and employees, and their vendors, suppliers, internet service providers, partners, affiliates or agents, and the employees and contractors thereof, from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as Claims) arising from any breach by you of this Agreement. You agree to cooperate fully with the NHJB and its vendors, suppliers, Internet service providers, partners, affiliates, and agents, in the defense of any such claims. The NHJB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter involving the breach of this Agreement without the written consent of the NHJB.
J. Disclaimer of Warranty
You expressly understand and agree that your use of the NH e-Court Project e-filing website, and any material or services available through the NH e-Court e-filing website, is at your own risk, The information and services may be subject to errors or omissions. Neither the NHJB, its vendors, suppliers, Internet service providers, partners, affiliates or agents, nor the employees or contractors thereof, warrant that the NH e-Court Project e-filing website will not be interrupted, will be problem-free, or that the NH e-Court Project e-filing website is free of software viruses, computer code, files, or programs that may alter, damage, or interrupt the functionality of the NH e-Court e-filing website or the hardware or software of any other person who accesses the NH e-Court Project e-filing website. Nor do they make any warranty that the NH e-Court is free from omissions or errors; nor do they make any warranty as to the results that may be obtained from the use of the NH e-Court Project e-filing website. The content and function of the NH e-Court Project e-filing website are provided to you "as is", without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose or use, or currency. You acknowledge and agree that neither the NHJB nor any other governmental agency, entity, or body nor any vendor or service, nor the employees or contractors thereof, relating in any way to the NHe-Court Project e-filing website is, or will be, liable in any way whatsoever for the accuracy, validity, timeliness, or security of the information provided or transmitted. This Agreement supersedes all other representations, written and oral, which have been or may be made by the NHJB or their employees, suppliers, vendors, internet service providers, partners, affiliates, or agents.
K. Limitation of Liability
In no event will the NHJB or its employees, suppliers, vendors, Internet service providers, partners, affiliates, or agents or the employees and contractors thereof, be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages arising out of your use of, or inability to use, the NH e-Court Project e-filing website, including, without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.
The NHJB reserves the right to modify or discontinue any services provided on this website and any conditions of use with or without notice. This may occur periodically for maintenance and may include temporary or permanent changes.
You are responsible for the accuracy, authenticity, validity and completeness of your own documents and e-service submissions. You are also responsible for meeting any deadlines associatedwith your document and e-service submissions and for confirming that your documents have been accepted. The NHJB or its employees, suppliers, vendors, internet service providers, partners, affiliates, or agents, or the employees and contractors thereof, are not responsible, and shall have no liability to you for any material submitted by others, including defamatory, offensive or illicit material.
You are responsible for risks to your own systems and information and must take steps for your own protection such as using anti-virus software, making frequent backups and maintaining network firewall protection. The NHJB or its employees, suppliers, vendors, Internet service providers, partners, affiliates, or agents are not responsible for your computer systems or networks.
L. Governing Law
The laws and rules of the State of New Hampshire shall govern this Agreement, without regard to conflict of laws principles. In the event there are applicable amendments to the laws and rules of the State of New Hampshire, those amendments shall automatically become part of this Agreement. Any legal action brought concerning this Agreement or any dispute hereunder shall be brought only in the courts of the State of New Hampshire or in the federal court located in Merrimack County, New Hampshire. Both parties submit to venue and jurisdiction in these courts. In the event that an action or claim arises outside of these jurisdictions, which names the NHJB, any New Hampshire court, or their respective employees, suppliers, vendors, internet service providers, partners, affiliates, or agents in connection with this Agreement, you agree to initiate, consent to, and/or cooperate with, any and all efforts to remove the matter to the exclusive jurisdiction of the state courts of New Hampshire or the federal court located in Merrimack County, New Hampshire, or to otherwise take any and all reasonable actions to achieve the objectives of this provision.
M. Modification of the Agreement
The NHJB maintains the right to modify this Agreement and may do so by posting notice of such modifications on this page. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of the NH e-Court Project e-filing website following the posting of any modification signifies your acceptance of such modification. You should periodically visit this page to review the current terms of this Agreement.
N. Waiver
No waiver of any right under this Agreement shall be deemed effective unless contained in writing signed by a duly authorized representative of the NHJB, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement.
O. Assignment
This Agreement and your use of NH e-Court Project are not assignable without the prior written consent of the NHJB. Any attempt at assignment without such consent shall be null and void and of no force and effect.
P. Severability of Terms of this Agreement
The invalidity, illegality, or unenforceability of one or more provisions in this Agreement shall not affect any other provision in this Agreement.
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USER AGREEMENT – ALL OTHER JURISDICTIONS
Your use of this website is your acknowledgement that you read, understood and agreed to the following terms and conditions regarding its use:
COURT/AGENCY is not responsible for any delays or non-delivery of your forms due to technical difficulties or for any other cause.
If you do not receive timely email notifications confirming delivery and acceptance by the court/agency of your forms, then it is your responsibility to confirm that your forms have been successfully delivered and accepted by the court/agency.
You can confirm delivery and acceptance of your forms you filed by either logging on to this website or contacting the court/agency where your forms were sent.
Failure to have your complaint/petition or any other initial pleading delivered and accepted by the COURT/AGENCY in a timely manner may affect valuable legal rights, including your ability to bring your case under the statute of limitations. The use of this website does not alter or extend any statutory deadlines. Failure to meet any statutory deadlines will not be excused even if the failure to meet the deadline is caused by COURT's/AGENCY's error or any technical or electronic malfunction relating to the use of this website.
Your forms will be deemed filed the next COURT/AGENCY business day if those forms were transmitted after close of the COURT's/AGENCY's business day.
You understand that there may be a user fee associated with the use of this service. This user fee is not refundable, even if the COURT/AGENCY rejects your forms, and is not recoverable as costs if you are the prevailing party.
Credit card payments are processed by a third-party vendor. You acknowledge that the credit card and billing information you are providing for the processing of your payment is valid.
The COURT/AGENCY reserves the right to terminate your use of and access to this website under certain circumstances and at any time and without prior notice. Cause for such termination shall include, but not be limited to (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) request by law enforcement or other government agencies, (c) discontinuance of services or content modifications to this website, (d) technical problems or errors, and (e) extended periods of inactivity.
The COURT/AGENCY reserves the right to modify or discontinue any services provided on this website and any conditions of use with or without notice. This may occur periodically for maintenance and may include temporary or permanent changes.
The information and data provided by this website are being provided as-is without warranty of any kind. The information may be subject to errors or omissions. To the extent permitted by applicable law, COURT/AGENCY disclaims all warranties, including, without limitation, any implied warranties of merchant ability, accuracy and fitness for a particular purpose, and non-infringement. The user acknowledges and agrees that neither COURT/AGENCY nor any other governmental agency, entity, or body nor any vendor or service relating in any way to the COURT's/AGENCY's online efforts is or will be liable in any way whatsoever for the accuracy, validity, or security of the information provided or transmitted.
In no event shall COURT/AGENCY or any other governmental agency, entity, or body or any vendor or service provider associated with any of this COURT's/AGENCY's online efforts be liable for damages of any nature based on any theory of liability, including but not limited to contract, negligence or any other torts (including intentional torts), including but not limited to damages for loss of property, loss of profits, lost compromised or impaired claims, lost savings, lost fees, or any other damages whatsoever, arising out of or relating in any way to the use of. Accordingly, you acknowledge and understand that you use this website at your own risk.
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