AMA Legal Terms of Service

AMA Legal LLC (AMA Legal) appreciates the opportunity to serve your court filing, process serving and court research needs (the Services) under the terms and conditions of this AMA Legal Services Agreement (the Agreement). Please carefully read and understand the entire contents of this Agreement before using the AMA Legal web site or Services. Your use of the AMA Legal web site or of AMA Legal Services or products will constitute your consent and agreement to be bound by all terms and conditions of this Agreement (as amended from time to time), including, but not limited to, our Privacy Statement, discussed below. If you do not agree with the terms and conditions in this Agreement, we will be unable to provide any Services to you.

Acceptance of Agreement

By subscribing to or using the Services described in this Agreement or by using the AMA Legal web site located at www.AMAlegal.com, you agree to be bound by all the terms and conditions of this Agreement (as may be amended from time to time), including, but not limited to, our Privacy Statement and our Open-End Credit Program, as further described below. References to "you" herein are to the customer described on the web site registration page. If you are not entering into this Agreement on your own behalf, you represent and warrant that you are legally authorized to enter into the Agreement on behalf of the party you represent and that your actions will legally bind such party.

Independent Contractors

You and AMA Legal are independent contractors with respect to each other. Neither party is an employee, agent, representative, broker, or partner of the other. This Agreement shall not be construed to create an association, joint venture, or partnership between the parties.

Control of Web Site

AMA Legal has sole control over the use of the AMA Legal web site and has the right to prohibit or remove any materials or communications AMA Legal believes to be in violation of its policies. AMA Legal reserves the right to change or modify the terms and conditions of use of the AMA Legal web site from time to time. Notice of any material changes to the terms and conditions will be posted prominently on the website. Your use of the website after such notice is posted shall constitute your agreement to the revised terms.

Agreement to Electronic Transactions

You agree that all of your transactions with or through AMA Legal may be conducted electronically.

Password Protection

You are responsible for maintaining the confidentiality of the password that you will choose as part of the registration process for the Services (the Password). Subject to applicable law, you agree to be liable for all uses of your Password whether or not actually authorized by you, including, but not limited to uses of your Password to enter the web site and payment of filing or other fees to AMA Legal or to others. You should not give your Password to anyone who is not authorized to take actions on your behalf.

Amendments

AMA Legal may amend this Agreement at any time and will provide notice of any such amendment, prominently on the web site. Your use of the AMA Legal web site or Services after the effective date of any amendment shall constitute your consent to be bound by the Agreement as amended. In addition, by accepting or using the AMA Legal web site or Services, you agree to periodically review this Agreement and be bound by any amendments to the Agreement.

User Affirmations and Declarations

By using the AMA Legal web site, you represent, affirm and declare, under penalty of perjury under applicable law, that (i) you agree to adhere to the laws and regulations of the jurisdiction with which you are conducting business with AMA Legal, and that you are subject to civil and criminal penalties should you violate those laws and regulations; and (ii) you acknowledge that any information provided by AMA Legal to you in the course of performing the Services is derived from local government agency databases with respect to which AMA Legal has no control, and that AMA Legal shall have no liability whatsoever with respect to such information, including, without limitation, in the event any such information is inaccurate, out of date, contains errors or omissions, or is otherwise incorrect in any way.

Fees

AMA Legal has the sole discretion to determine the fees charged to you for using its web site or Services. Fees for the AMA Legal Services may vary by jurisdiction. AMA Legal reserves the right to change its fee structure at any time.

Payment Terms

You must have an account established with AMA Legal prior to any Services being performed. When establishing an account with AMA Legal, we require a valid credit card be placed on file with us as a form of payment guarantee. You will be billed for services rendered pursuant to, and you will be bound by all of the terms and conditions of, the Open-End Credit Program (see separate document). It is understood and agreed that all invoices will be paid within the standard terms stated on the invoices. Should any invoice become 30 days or more delinquent, AMA Legal reserves the right to charge the invoice amount to the credit card we have on file for your account. This provision does not apply to disputed invoices. Because all transactions are conducted electronically, it is understood and agreed that the physical credit card need not be present with AMA Legal in order for the charge to the card to be valid and that the validity of such charges will not be challenged in this context. Further, it is understood and agreed that the person, firm or company to whom credit is granted is liable for payment of all invoices. A person, firm or company to whom credit is granted may have a third party pay an invoice directly to AMA Legal. However, it is understood and agreed that AMA Legal has no relationship with such third parties and has no obligation to collect from them. Payment obligation rests solely with the person, firm or company to whom credit was originally granted and that AMA Legal will hold that person, firm or company liable for payment of any invoice submitted to a third party for payment. AMA Legal reserves the right to restrict the credit of any customer for any or no reason. Should your account become delinquent and AMA Legal has to initiate a collections effort, carrying charges of 1-1/2%, per month, will be applied to all past due invoices. In such cases, all reasonable collection costs and/or legal fees will be awarded to the prevailing party.

Taxes

You shall be responsible for any taxes which AMA Legal may be required to pay or collect under any applicable law in connection with the Services, and any such amounts paid by AMA Legal shall be charged to your account.

Client Information

You agree to: (i) provide true, accurate, current, and complete information about yourself and/or your organization, as appropriate, as prompted by the AMA Legal registration form or any other form, including, but not limited to, your e-mail address for notices and any other communications; (ii) maintain and promptly update the foregoing to keep it true, accurate, current, and complete; and (iii) provide any other information that AMA Legal may request of you from time to time for purposes reasonably related to your use of the AMA Legal web site or Services or credit under the Open-End Credit Program.

Privacy Policy

AMA Legal respects your privacy and we understand the importance of protecting your personal and financial information. By your use of the AMA Legal web site or Services, you agree to the terms and conditions included in the AMA Legal Privacy Policy which appears on the AMA Legal web site, as such policy may be amended from time to time.

Notwithstanding anything to the contrary set forth in the AMA Legal Privacy Policy, this Agreement, the AMA Legal web site or elsewhere, you agree and acknowledge that AMA Legal shall have no responsibility whatsoever for the use or publication of any information contained in any document submitted by you to AMA Legal, to the court or any other party, including, without limitation, any information protected by statute, order or rule of court or any other rule, regulation or restriction whatsoever.

Services Provided As Is - No Warranties

You agree that your use of AMA Legal Services and information on the web site is at your own and sole risk. All Services are provided on an "AS IS" and "AS AVAILABLE" basis. AMA Legal disclaims all 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. AMA Legal assumes no responsibility for errors or omissions on its web site and is not responsible in any way for the functionality, specifications, or any other aspect of the items posted. AMA Legal does not guarantee continuous, uninterrupted or secure access to AMA Legal services or that defects in its web site 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 neither AMA Legal nor any of its parent corporations, subsidiaries, partners, employees, independent contractors, officers, directors, attorneys, agents, affiliates, representatives, successors and/or assigns (collectively AMA Legal Parties) makes any warranties or undertakes any duties regarding, without limitation, the following: (i) infringement of title or quiet enjoyment; (ii) functionality, including functionality of search or retrieval software; (iii) accuracy, completeness, or completion of forms; (iv) receipt (timely or otherwise), approval and/or processing of documents by courts and/or any other government agencies; (v) appropriateness or propriety of documents handled with respect to any Services; (vi) timeliness of Services; (vii) uninterrupted, secure, error or virus-free Services or storage; and (viii) adequacy of fees paid to courts and/or other government agencies.

With respect to filing documents with the court, you are solely responsible for loading and transmitting documents correctly and in a timely fashion, for confirming the filing charges on the receipt, and for checking and responding to notifications, email or otherwise, for rejected filings or documents. If you do not receive an email confirmation within (3) days (or before the expiration of any filing or service deadline) documenting receipt of the filing by the Court, it is your responsibility to immediately contact AMA Legal and provide details of the document transmission, including the original filing or service receipt, which was generated at the time the filing or service was done with AMA Legal, to enable AMA Legal to determine what action should be taken, and if necessary to manually file and serve such documents before the expiration of any applicable deadline. You waive and release any claims based upon errors, defaults, or omissions if you fail to provide notice and/or resubmit to the Court and perform any necessary services as set forth in this paragraph.

TexasOnline eFiling for Courts

With respect to jurisdictions in which you are not required to use the Texas Online eFiling for Courts System, you agree that the eFiling Service is a convenience service, and that you can make alternative arrangements to file any necessary documents in the event that the eFiling service is unavailable or malfunctioning. You acknowledge that the timely filing and serving of motions, briefs, and other documents in compliance with statutes, regulations, court rules, and order requires the professional judgment of an attorney, and that attorneys appearing in a case are ultimately responsible for the timely filing of any such documents. While AMA Legal will use reasonable efforts to electronically file and serve any documents for which transaction fees have been paid, you agree that neither AMA Legal nor any of its licensors, suppliers or contractors shall have any liability whatsoever associated with the filing, serving of, or failure to file or serve of any documents submitted via the Service due to circumstances beyond its control, including unavailability of the court system, technological malfunctioning or other issues which may cause the e-filing system to fail, except for the damages permitted by the clause titled "No Incidental or Consequential Damages" included herein.

No Incidental or Consequential Damages

To the fullest extent allowed by applicable law, you agree that none of the AMA Legal Parties will be liable to you, your successors, agents, heirs or assigns, and/or any other person or entity for general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not AMA Legal has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of the AMA Legal web site or Services.

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT AMA LEGAL SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY ACTIONS OR OMISSIONS BY ANY COURT AND/OR OTHER GOVERNMENT AGENCIES WITH WHOM AMA LEGAL INTERACTS WITH IN CONNECTION WITH THE SERVICES. IN PARTICULAR, AMA LEGAL SHALL HAVE NO LIABILITY WITH RESPECT TO ANY COURT AND/OR GOVERNMENT AGENCY'S FAILURE TO PROPERLY OR TIMELY RECEIVE, FILE OR PROCESS ANY DOCUMENTS OR OTHER MATERIALS TRANSMITTED BY AMA LEGAL ON YOUR BEHALF.

NEITHER AMA LEGAL, NOR ANY OF THEIR RESPECTIVE TRADING PARTNERS, SUPPLIERS, LICENSORS OR CONTRACTORS SHALL HAVE ANY LIABILITY TO YOU WITH RESPECT TO THIS AGREEMENT OR OTHERWISE, INCLUDING ANY LIABILITY FOR FINES, PENALTIES, DISPUTES OVER FEES, DEPOSITS, COMMISSIONS, CHARGES FOR GOODS OR SERVICES, THIRD PARTY COSTS OF CORRECTING, PERFORMING OR RE-PERFORMING ANY WORK OR OTHER ACTIVITY, CONTRACTUAL DAMAGES, LOSS OF BUSINESS OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AMA LEGAL, NOR ANY OF THEIR RESPECTIVE TRADING PARTNERS, SUPPLIERS, LICENSORS OR CONTRACTORS' AGGREGATE LIABILITY FOR DIRECT DAMAGES EXCEED THE TRANSACTION FEES PAID BY YOU TO AMA LEGAL, EXCLUSIVE OF COURT FEES, FOR THE RELEVANT TRANSACTIONS GIVING RISE TO SUCH CAUSE OF ACTION.

Limitation of Liability

You agree that your sole remedy for any breach of this Agreement by AMA Legal or any of the AMA Legal Parties shall, at the option and sole discretion of AMA Legal, be the following: (i) correction of any Service causing you damage; or (ii) refund of the amount you paid for the Service that caused damages incurred by you in reasonable reliance on the Service. You also agree that the damage exclusions and this limitation of liability shall apply even if any remedy of its essential purpose fails.

Indemnification

You agree to indemnify, defend, protect and hold harmless all of the AMA Legal Parties from and against all losses, claims, and expenses (including attorneys' fees and costs) arising out of or relating to: (i) your breach of any terms of this Agreement, (ii) the determination by a jurisdiction that you have improperly utilized the Services of AMA Legal to violate the laws and regulations of the jurisdiction; (iii) your use of the AMA Legal Services or your failure to pay any sums due AMA Legal or any local government; or (iv) 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 the AMA Legal web site.

Termination

AMA Legal reserves the right to terminate your use of the AMA Legal web site and Services at any time for any reason or no reason at all. If your use of the AMA Legal web site and Services is terminated, you agree that none of the AMA Legal Parties will be liable to you with respect to such termination for any general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not AMA Legal has been advised of the possibility of such damages, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise.

Intellectual Property

You agree to respect the intellectual property rights of AMA Legal and of others. We reserve the right to suspend or terminate your registration if it appears that you are infringing upon the intellectual property rights of AMA Legal or of third parties. Intellectual property laws protect some of the Services, including, but not limited to, our underlying technology and software. AMA Legal reserves all rights not expressly granted in this Agreement or on the AMA Legal web site. You agree not to reverse engineer, reverse assemble, or otherwise attempt to discover any source code from the AMA Legal web site. You agree not to duplicate (other than for your records), modify, sell, distribute, or create derivative works based on any part of the AMA Legal Services, and you agree not to attempt to transfer any of your rights under this Agreement. You also agree not to access the Services by any means other than through the interface that is provided by AMA Legal on the web site. Comments and Suggestions

You agree that any comments or suggestions that you provide to AMA Legal regarding the Services, including, without limitation, feedback, suggestions or ideas in response to any customer survey (collectively Comments), shall be deemed, and shall remain, the property of AMA Legal. None of the Comments shall be subject to any obligation of confidence on the part of AMA Legal and AMA Legal shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, AMA Legal shall exclusively own all rights to the Comments of every kind and nature and shall be entitled to unrestricted use of the Comments for any purpose, commercial or otherwise, without compensation to the provider of the Comments.

Governing Law; Jurisdiction

This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and AMA Legal agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco, California.

Force Majeure

Neither party shall be responsible for delays or failure in performance resulting from acts beyond the reasonable control of such party. Such acts shall include but not limited to acts of God, war, riot, actual or threatened acts of terrorism, labor stoppages, governmental actions, fires, floods, utility failures and earthquakes.

Third Party Rights

The provisions in this Agreement are for the sole benefit of you and AMA Legal and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.

Assignment

You may not assign any of your rights or delegate any of your duties under this Agreement without the prior written consent of AMA Legal. AMA Legal may assign any of its rights or delegate any of its duties hereunder to any party whatsoever.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the unenforceability of any provision shall not affect the enforceability of any other provision of this Agreement.

Waiver

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.

Attorney's Fees

In the event of any dispute between you and AMA Legal regarding this Agreement and/or related to the Services, the prevailing party shall be entitled to reimbursement of its reasonable attorneys' fees and costs from the non-prevailing party.

Miscellaneous; Entire Agreement

This Agreement (including the Open-End Loan Agreement, any amendments hereto, your registration form, any application related to the Credit Account, and the AMA Legal Privacy Policy) constitutes the entire agreement between you and AMA Legal. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in that provision and the allocation of risks set forth in this Agreement, and agree that the remaining provisions of this Agreement shall remain in full force and effect.

Acknowledgement

You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement. You agree to comply with all city, county, state and federal laws and ordinances relating to the AMA Legal Services.

Open-End Loan Agreement

Open-End Credit Program

This is an open-end credit program (the Program) of AMA Legal LLC (AMA Legal) for making open-end loans in accordance with the California Financial Code, Division 9, Chapter 3, Article 4 (Open-End Credit Programs) and pursuant to the terms and conditions set forth in this Open-End Loan Agreement (this Open-End Loan Agreement). AMA Legal is a Finance Lender licensed by the California Department of Corporations (License Number 6052879), and its address is 504 Redwood Boulevard, Suite 223, Novato, CA 94947.

Advances

AMA Legal anticipates that, from time to time, you will ask AMA Legal to advance money (Advances) on your behalf under the Program. AMA Legal is not required to make Advances to you and has the discretion to refuse any request for an Advance at any time for any or no reason. The Advances, if any, made under this Program will be used solely to pay the fees that are charged by the courts or other third parties (collectively, the Third Party Fees) when you use the Services (as defined in the AMA Legal Services Agreement). AMA Legal will distribute the proceeds of an Advance in payment of the applicable Third Party Fee at your direction. You agree that each of your requests for an Advance will also constitute your direction to AMA Legal to pay the Third Party Fee for which the advance is requested and your agreement to be bound by the terms and conditions of this Agreement with respect to such Advance.

Statement of Intended Purpose

You represent to AMA Legal and agree that all Advances made to you under this Open-End Loan Agreement will be used solely for the purposes described in the preceding paragraph and will not be used for personal, family or household purposes.

Credit Account

Subject to AMA Legal's approval in its sole discretion, AMA Legal may, but is not required to, open an account for you under this Open-End Loan Agreement (the Credit Account). The Credit Account will be an open-end loan account. All Advances made under this Open-End Loan Agreement will be debited to the Credit Account.

Credit Limit

AMA Legal may, but is not required to, establish a credit limit on your Credit Account. If a credit limit is established for your Credit Account: (1) AMA Legal may increase or decrease the credit limit at any time in its discretion, and (2) you agree not to exceed the established credit limit. If you exceed the credit limit, you agree to repay immediately the amount that exceeds the credit limit. AMA Legal will notify you if a credit limit is established for your Credit Account and any increase or decrease in the credit limit.

Finance Charge

You agree to pay AMA Legal a finance charge for all Advances AMA Legal makes to you under this Open-End Loan Agreement (the Finance Charge). The Finance Charge will be posted to your Credit Account and will be computed by multiplying (1) the Daily Balance by (2) the Daily Period Rate. The term "Daily Balance" means the outstanding balance in your Credit Account at the end of each day, after payments and credits to the Credit Account have been credited and Advances have been debited, since your last payment. The Daily Balance does not include any unpaid Finance Charges. The Daily Periodic Rate is currently .23%, which is subject to change as provided below in this Open-End Loan Agreement.

Repayment

You agree to repay to AMA Legal all amounts advanced to you under this Open-End Loan Agreement plus accrued Finance Charges and late charges, if any, no later than the 30th day after AMA Legal issues an invoice to you for such amounts. Payments will include any amount past due and any amount by which you have exceeded any credit limit established by AMA Legal for your Credit Account. You may repay all or part of what you owe at any time without any prepayment penalty. Payments will be applied first to the payment of late charges, second to the payment of Finance Charges and then to the payment of Advance balances in your Credit Account.

Late Charge and Collection Costs

If your Credit Account becomes delinquent, a late charge may be imposed on all past due amounts at the rate of 1.5% per month. In addition, you agree to pay all costs and reasonable fees including attorneys' fees, incurred in the collection of any amount past due. AMA Legal also reserves the right to charge the past due amounts to the credit card provided by you that is on file for your Account.

Acceleration

In the event of (a) your failure to make any payment when due; (b) your breach of any term contained in this Open-End Loan Agreement; (c) your dissolution or death; (d) any statement made by you in connection with this Open-End Loan Agreement being false in any material respect, (e) your insolvency; or (f) your filing a petition in bankruptcy or receivership or your being placed involuntarily into any such proceedings, then, upon our election, the entire balance in your Credit Account then outstanding will become immediately due and payable.

Modification and Termination

AMA Legal may modify the terms of this Open-End Loan Agreement or your Credit Account, including changes in the Daily Periodic Rate, at any time by giving notice to you. At the time of any modification, including an increase in the Daily Periodic Rate, you will have the option to close your Credit Account and to pay off the then outstanding balance in your Credit Account under the terms in effect prior to the modification. If you elect to continue using the Program after notice from AMA Legal of any modification, such modification will apply to the then outstanding balances in your Credit Account as well as to new Advances. You have the right to close your Credit Account at any time for any or no reason on written notice to AMA Legal. You agree that AMA Legal may terminate the Program or this Open-End Loan Agreement as to future Advances at any time for any or no reason. Upon your closing of your Credit Account or AMA Legal's termination of the Program or this Open-End Loan Agreement, the entire balance in your Credit Account then outstanding will become immediately due and payable and your Account with AMA Legal LLC will be closed.

Governing Law; Exclusive Jurisdiction in California

This Open-End Loan Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions and applicable federal law. You and AMA Legal agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Marin, State of California.

Third Party Rights

The provisions in this Open-End Loan Agreement are for the sole benefit of you and AMA Legal and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.

Assignment

You may not assign any of your rights or delegate any of your duties under this Open-End Loan Agreement.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the unenforceability of any provision shall not affect the enforceability of any other provision of this Agreement.

Waiver

The failure of either you or AMA Legal to insist upon or enforce strict performance by the other party of any provision of this Open-End Loan Agreement or to exercise any right under this Open-End Loan Agreement will 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.

Entire Agreement

This Open-End Loan Agreement in conjunction with the Services Agreement constitutes the entire agreement between you and AMA Legal with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of you and AMA Legal with respect thereto.

Acceptance

You certify that you have read and understand this Open-End Loan Agreement and state that you agree to be bound by the terms and conditions contained in this Open-End Loan Agreement.