|Legal Filing Solutions|
for the Utah State Courts.
Terms and ConditionsBy clicking "ACCEPT" below and completing sign-up, you agree to the following terms and conditions.
- Parties. This agreement is made between the Judicialink, LLC ("Judicialink"), a Utah limited liability company, on the one hand, and the Users, on the other hand. Although there will be one entity that agrees to be primarily liable to pay Judicialink for its services ("Primary User"), the Primary User is expected to create a separate Filer Account for each individual that will be filing documents in that individual's own name ("Filer"), and a separate User Account for each sub-user authorized to use a Filer Account ("User"). For purposes of this agreement, the Primary User is also considered a Filer and a User, and each Filer is also considered a User, so the term User is inclusive of all of these types of parties. All Primary Users, Filers, and Users are obligated by the terms and conditions of this agreement, except that only the Primary User is liable to pay for Judicialink's services. In general, it is expected that the Primary User will be a law firm or similar entity, each Filer will be a licensed attorney, and each User will be either an attorney or staff member authorized to file on behalf of the Filer.
- Nature of Services. Judicialink provides e-filing services, which include facilitating electronic communication between the User and one or more courts. Such communications include the filing of documents in specific cases, the retrieval of information from the court about specific cases and documents, communications updating or changing the filing entity's information with the court, and other communications as needed. Your use of Judicialink's services is subject to the terms and conditions of this agreement.
- Payment for Services. During the sign-up process, the Primary User will select a payment arrangement or plan offered by Judicialink ("Plan"). The Plan may include annual payments, monthly payments, payments per communication (also called "Pay as You Go" options), free trial periods without payment, or any other arrangement described in the sign-up process that the Primary User selects. Payments may apply to all available services or to a subset of all services as specified by Judicialink during the sign-up process. By selecting a Plan, the Primary User obligates itself to pay the amounts described at the times described. Acceptable forms of payment shall be specified by Judicialink, and may be changed from time to time at the sole discretion of Judicialink.
- Term of Service and Renewal. The term of this agreement shall not exceed one year. If the Plan selected by the Primary User obligates the Primary User to pay for services in smaller increments than a year, such as monthly payments or Pay as You Go options, the term of this agreement shall not exceed the time from one payment until the next. Continued user of Judicialink's services after expiration coupled with payment consistent with the Plan selected by the Primary User shall renew this agreement, but renewal shall be based on the terms and conditions posted on Judicialink's website at the time of renewal. To the extent that there is continued use of Judicialink's services by any User without payment, or to the extent that it becomes unclear which Plan is selected by the Primary User, this agreement shall continue on an at-will basis, and the Primary User's payment obligations shall be interpreted consistently with the Pay as You Go option available at the time of continued use of services.
- Transfer of Rights: Parties may transfer rights from one Filer to another only with the consent of Judicialink, except as follows: When a Filer separates from the Primary User that paid for the Filer's rights, or a Filer dies, becomes incapacitated, or ceases to be eligible to practice law, the Primary User has the right to designate how the remaining rights of the Filer shall be distributed. In the event of a dispute, Judicialink reserves the right to make a temporary decision as to the facts of the situation and distribute the rights accordingly, until the parties or a court resolves the issue.
- Amendment. All Users are responsible for reviewing the current version of this Agreement periodically. To the extent changes are made to matters that do not affect the Primary User's payment obligations or materially limit any User's substantive rights under this agreement, any change by Judicialink shall be effective immediately. Any changes to rules necessary to comply with the court's requirements shall be effective immediately. However, any changes to this Agreement that affect the Primary User's payment obligations or materially limit any User's substantive rights under this agreement shall take effect as set forth in the Term of Service and Renewal provisions of this agreement.
- Description of Services. Judicialink's services may include the following, in addition to the services described in the Nature of Services provisions hereof:
- Electronic transmission of documents to court servers.
- Notifications of filings and updates in specified cases.
- Electronic access and retrieval of court data and documents.
- Electronic transmission of court fee payment information.
- Storage of payment information for quick access.
- Obligations of Users. No User shall use Judicialink's services in a manner inconsistent with this agreement or for purposes other than those set forth herein. Every User using Judicialink's services shall comply with the terms and conditions of this agreement, with all local, state, and federal laws, and with all Internet regulations, policies, and procedures, including export and other laws regarding transmission of technical data exported from any country through Judicialink's services. Every User using Judicialink's services shall refrain from using the services for illegal purposes, from taking any act to disrupt the services to themselves or other users, from using the services to distribute content that violates the rights of any third party, including but not limited to intellectual property and privacy rights, or is unlawful, obscene, defamatory, harassing, fraudulent, abusive, threatening, harmful, vulgar, or interferes with Judicialink's ability to continue its relationship with courts or other users. Every User using Judicialink's services shall restrict the size of submitted content to the size limits that may be specified from time to time by Judicialink or by the relevant courts, and in any event shall submit content of a reasonable size that does not unreasonably interfere with Judicialink's ability to service other users. Each User warrants that every Filer is either a licensed attorney in good standing with the court receiving electronic submissions, or otherwise has the right to submit the information submitted to the court through Judicialink. Each User warrants that the User has full authority to enter into this agreement on behalf of themselves and every entity specified by the User. Any person entering into this agreement on the User's behalf warrants that the person has the User's authority to do so.
- Default by User. If the Primary User defaults in payments, Judicialink shall have the right, in addition to any other remedies provided by law or this agreement, to suspend services immediately, and to require that the Primary User make a security. If any User defaults in their obligations other than payment, Judicialink shall have the right to suspend services immediately pending an investigation. If Judicialink determines that a material breach of this agreement has occurred, Judicialink may suspend services permanently. The term "material breach" shall include all material breaches under existing law, and shall also include any breach of obligation that would interfere with Judicialink's ability to continue its relationship with courts or other users.
- Obligations of Judicialink. Judicialink agrees to provide the services described in the Nature of Services provisions of this agreement and as further described on Judicialink's website.
- Service downtime: Judicialink will make commercially reasonable efforts to ensure that the Service will be available every day at all hours, but does not guarantee that service will be available during this time. Several circumstances may affect the availability of services, many of which are not in Judicialink's control. Judicialink therefore disclaims all responsibility for interruptions of service caused by external forces or by circumstances for which the cause is uncertain. Judicialink's services will occasionally be unavailable during system maintenance and upgrades. Judicialink's scheduled maintenance will usually take place on Saturday between 10 p.m. and midnight.
- Limitation of Liability and Assumption of Risk: YOU USE THE SERVICES AT YOUR OWN RISK. JUDICIALINK PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE THAT JUDICIALINK IS NOT LIABLE TO YOU OR ANY THIRD PARTY RESULING FROM ANY DOCUMENT OR TRANSACTION SENT THROUGH JUDICIALINK'S SERVICES, THE USE OR INABILITY TO USE THE SERVICE, ERRORS, INTERRUPTIONS, DELAYS, UNAUTHROIZED ACCESS TO OR ALTERATION OF DOCUMENTS OR TRANSMISSIONS, OR ANY OTHER MATTER RELATING TO THE SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND. IN ANY EVENT, JUDICIALINK'S LIABILITY SHALL NOT EXCEED AN AGGREGATE SUM EQUAL TO THE AMOUNT OF FEES IF ANY PAID FOR USING THE SERVICE UNDER THIS AGREEMENT.
- Disclaimer of Warranties: JUDICIALINK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY MADE ORALLY OR IN WRITING OR ON JUDICIALINK'S WEBSITE SHALL BE OF ANY FORCE OR EFFECT UNLESS CONTAINED WITHIN THIS AGREEMENT. JUDICIALINK DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, THAT ANY ERRORS ON THE WEB SITE WILL BE CORRECTED, AND THAT THE DOCUMENTS AND MATERIALS YOU STORE VIA THE SERVICE WILL REMAIN ACCESSIBLE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUCH REDUNDANCY, SECURITY, AND BACKUP MEASURES AS MAY BE NECESSARY TO PROTECT YOUR DATA AND ITS INTEGRITY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS DISCLAIMER OF ANY OR ALL OF THESE WARRANTIES, THE PROHIBITED DISCLAIMERS DO NOT APPLY TO YOU, BUT THE REMAINING DISCLAIMERS DO APPLY TO THE EXTENT ALLOWED BY LAW.
- Intellectual Property and Non-Disclosure: Judicialink owns all right, title, and interest in the the software used to provide its services, in the trademarks, logos, graphics, icons, and symbols. Users shall not disclose the contents of any page that can be accessed only by logged in users without the prior written consent of Judicialink. All Users are granted a non-exclusive, royalty-free license to use the software only during the term and for the purposes set forth in this agreement, as limited by the terms and conditions hereof. Permission to use any of Judicialink's intellectual property for any purpose other than as set forth in this agreement must be obtained in writing from an individual with actual authority to act on behalf of Judicialink.
- Severability: If any portion of this agreement is held by a court of competent jurisdiction to cause this contract to become invalid or unenforceable, the parties to this agreement intend that only the invalid portion be stricken and the remainder of the expressed intent of the parties in this contract be upheld to the extent possible.
- Choice of Law and Forum: Any dispute over this agreement shall be decided under the laws of the State of Utah. The parties submit themselves to the jurisdiction of the courts of Utah and agree that venue shall be in Utah County, State of Utah, or the federal district encompassing the same region.
- Integration: The Terms and Conditions hereof constitute the complete agreement of the parties. Neither party is relying on any oral representations other than those contained in this agreement.