IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Legal Automation Systems, Inc. for the Legal Automation Systems, Inc. software that accompanies this EULA, which includes associated media and Legal Automation Systems, Inc. Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. Legal Automation Systems, Inc. grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install and use an unlimited number of copies of the Software on personal computers or other devices.
1.2 License Grant for Templates. The Software may include document templates. You may not copy and modify the document templates available as part of the Software and you may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the templates. You must indemnify and defend Legal Automation Systems, Inc. against any claims or lawsuits, including attorneys’ fees that arise from or result from the licensing or distribution of the templates as modified by you.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use any Legal Automation Systems, Inc. Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Legal Automation Systems, Inc. reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Legal Automation Systems, Inc. or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is leased monthly, not sold. This EULA does not grant you any rights to trademarks or service marks of Legal Automation Systems, Inc.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software.
4.1. NON-COMPETE RESTRICTION. Under no circumstances may the Software be used, in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any Legal Automation Systems, Inc. product or service.
4.2. RESTRICTION. You shall not directly or indirectly market, develop, sell, or license or otherwise assist any Third Party to market, develop, sell, or license, any product or service that provides the same, or substantially the same, functionality as any Legal Automation Systems, Inc. product or service.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that Legal Automation Systems, Inc. and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Legal Automation Systems, Inc. may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. Legal Automation Systems, Inc. is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Legal Automation Systems, Inc. is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Legal Automation Systems, Inc. of the third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Legal Automation Systems, Inc. may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Legal Automation Systems, Inc. reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
9. DATA RETENTION. All documents submitted to Legal Automation Systems, Inc. may be retained or disposed of after appropriate processing. Legal Automation Systems, Inc. has no responsibility for maintaining, saving, or backing up any documents or information submitted via the service. You are responsible for maintaining backups, copies, or archives of your files and records submitted via the Software and any associated service.
10. TERMINATION. Without prejudice to any other rights, Legal Automation Systems, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
11. LIMITATION OF REMEDIES; NO CONSEQUENTION OR OTHER DAMAGES. Your exclusive remedy for any breach or failure of Legal Automation Systems, Inc. Software is a refund of the current monthly fee for the use of the Software. It is expressly understood that any efiling is the responsibility of the filing attorney. If the attorney does not receive confirmation of the filing within 24 hours of the filing being submitted to Legal Automation Systems, Inc. it is the responsibility of the attorney to either contact Legal Automation Systems, Inc., resubmit the document, or e file the document through other means. Legal Automation Systems, Inc. will make every reasonable effort to ensure the appropriate e filing, but you acknowledge that follow-up responsibility rests with you.
12. DISCLAIMER OF WARRANTIES. This agreement is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for this EULA and to the maximum extent permitted by applicable law, Legal Automation Systems, Inc. and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEGAL AUTOMATION SYSTEMS, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LEGAL AUTOMATION SYSTEMS, INC. OR ANY SUPPLIER, AND EVEN IF LEGAL AUTOMATION SYSTEMS, INC. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Legal Automation Systems, Inc. and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Legal Automation Systems, Inc. with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the monthly amount actually paid by you, for one (1) month for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 11, 12 and 13) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
16. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Florida. It is expressly acknowledged that any action against Legal Automation Systems, Inc. will be in Hillsborough County, Florida and venue shall be in Hillsborough County Florida throughout the legal proceedings.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Legal Automation Systems, Inc. relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Legal Automation Systems, Inc. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
18. INSTALLATION ON WINDOWS XP AND OFFICE 2003. You understand that both Windows XP and Office 2003 will no longer be supported by Microsoft as of April 14, 2014. You expressly understand and acknowledge that installation on a non-supported operating system and/or platform is a risk and will hold harmless and accept the risk of installation on such system. As stated by Microsoft:
It means you should take action. After April 8, 2014, there will be no new security updates, non-security hotfixes, free or paid assisted support options or online technical content updates.
Running Windows XP SP3 and Office 2003 in your environment after their end of support date may expose your company to potential risks, such as:
• Security & Compliance Risks: Unsupported and unpatched environments are vulnerable to security risks. This may result in an officially recognized control failure by an internal or external audit body, leading to suspension of certifications, and/or public notification of the organization’s inability to maintain its systems and customer information.
• Lack of Independent Software Vendor (ISV) & Hardware Manufacturers support: A recent industry report from Gartner Research suggests “many independent software vendors (ISVs) are unlikely to support new versions of applications on Windows XP in 2011; in 2012, it will become common.” And it may stifle access to hardware innovation: Gartner Research further notes that in 2012, most PC hardware manufacturers will stop supporting Windows XP on the majority of their new PC models.
19. FILING TIMEFRAMES. Excluding batch jobs of five hundred (500) or more pleadings and Department of Financial Service Legal Service of Process and absent technical issues from the portal or the filing authority, any document filed before 5:00 PM EST Monday – Friday will be filed on that business day. Any document filed at 5:00 PM or later may be filed on that business day, but you must be aware that any document filed after 5:00 PM is considered filed the next business day and may not be filed until the next business day. If a document must be filed within 1 hour of submission or on the same day the document is submitted, you agree to file the document as an EMERGENCY FILING and pay the established fee for an emergency filing. Any submission that has a filing deadline within two (2) business days, excluding weekends, has no guarantee of submission and Legal Automation Systems, Inc. will not be responsible for missing any deadline. Should the two (2) business day cutoff be a concern you agree to file the pleadings yourself, manually, on the appropriate portal. If the document must be filed on a holiday or is critical to get filed that business day, you agree to file the document as an EMERGENCY FILING and pay the established fee for an emergency filing. It is your responsibility to ensure and follow up that the document was timely filed. Legal Automation Systems, Inc. will not be responsible for any documents submitted for filing on a critical deadline that has not been identified as an EMERGENCY FILING or is submitted two (2) business days before the deadline.
Any document filed after 5:00 PM will be considered filed on the next business day. Although Legal Automation Systems will make every effort to file documents on the day submitted, it is not uncommon for the Florida Portal to be down for maintenance in the evenings and on weekends.
Any batch jobs of five hundred (500) or more pleadings submitted without expressly coordinating the batch job with Legal Automation Systems, Inc. will be filed within 72 hours of being submitted by you.
Any batch jobs of one thousand (1000) or more pleadings submitted without expressly coordinating the batch job with Legal Automation Systems, Inc. will be filed within 96 hours of being submitted by you.
Any batch jobs of more than one thousand five hundred (1500) or more pleadings must be coordinated and approved by Legal Automation Systems, Inc. prior to being submitted by you.
If a document is considered critical and there is any doubt as to the timeliness of the submission, you agree to designate the document as an EMERGENCY FILING.
19.1 FLORIDA DEPARTMENT OF FINANCIAL SERVICE LEGAL SERVICE OF PROCESS (“LSOP”). The Florida Legal Service of Process site has significant performance issues and lack of stability. As a result any document filed after 3:00 PM EST Monday – Friday may not be filed until the next business day. Although possible, you should not expect any Florida LSOP processing after 5:00 PM EST and on Saturday or Sunday.
19.2 FLORIDA DEPARTMENT OF FINANCIAL SERVICE LEGAL SERVICE OF PROCESS (“LSOP”) FILE LIMITS
The Florida Legal Service of Process site has the following warning, “As a statutory Registered Agent for service of process to insurance companies, our office will only serve the initial process (Summons and Complaint) or Subpoena.” As a result there is a performance penalty for submission of additional documents. Legal Automation Systems will include up to eight (8) pleadings with DFS submissions package. Every pleading in a DFS submission package after the 8th pleading will be billed at $1.00 per pleading or a set price as agreed upon by you and Legal Automation Systems, Inc. in writing.
20. YOUR RESPONSIBILITY FOR FILING VERIFICATION. The filing attorney is responsible for the filing and ensuring filing according to the rules. While Legal Automation Systems will make every effort to file documents it is your obligation and responsibility to ensure that the document you submit to Legal Automation Systems is filed and eServed.
21. MANDATORY FILING PLEADINGS. The ePortal, on occasion, requires mandatory pleadings to be included with a submission. For example, but not limited to, a Civil Cover Sheet. Legal Automation Systems is capable of generating the required documents for filing with the ePortal. You authorize Legal Automation Systems to affix a digital signature for the purpose of submitting the required pleadings to complete the filing. Under no circumstance may Legal Automation Systems be expected to generate or create responsive pleadings, discovery, or pleadings not mandated by the ePortal or the clerk.
22. EFILING COSTS AND FEES. You acknowledge that the e Portal charges costs and fees associated with certain e filing. You authorize Legal Automation Systems to e File with the e Portal any documents which may have associated costs and to be responsible for those costs. Legal Automation Systems does not have any additional charges or costs associated with these types of filings.
You agree to pay the invoice for services provided by Legal Automation Systems, Inc. as invoiced every month within ten (10) days of receiving the invoice. You will be invoiced for the amount agreed upon per filing or per month with the minimum amount billed per month will be $29.99. You agree to pay the amount invoiced by Legal Automation Systems, Inc. or $29.99 per month, whichever is greater. In the event you cancel the service and choose to renew at some point thereafter, there will be a $250.00 setup fee to reestablish and reactivate the account.
23. ADVANCES. You acknowledge there may be times where pleadings are essential and time is of the essence. You acknowledge that there are pleadings, including but not limited to new cases, dismissals, counter-claims, lis pendens, summons, subpoenas, motions, re-opening fees, filing fees, appeal fees, and other fees. Legal Automation Systems will make reasonable efforts to use your payment method and will make every effort to contact you for payment information. If any pleading has a fee attached and must be filed immediately, Legal Automation Systems may, at it’s option and has no obligation, advance the payment of the fees for you and invoice you for the service. The fees for advance payment by Legal Automation Systems will be no more than seven percent (7%) more than the amount charged by the ePortal for filing the pleading to be computed as follows:
(TOTAL AMOUNT CHARGED BY THE EPORTAL) x 1.07 = (AMOUNT TO BE PAID BY YOU)
24. TRIAL PERIOD. Legal Automation Systems provides a fourteen (14) day free trial period that allows up to two-hundred (200) existing case pleadings and up to fifty (50) new case pleadings, hereinafter (“default trial period”). There may be other affiliate programs that offer a different trial period or different number of pleadings. Absent a written confirmation, or reference to an affiliate program, the default trial period shall apply. Legal Automation Systems, at it’s sole discretion, may increase the time and/or the amount of pleadings submitted during the trial plan but shall not reduce the default trial period.
The trial period shall not apply to situations of an urgent nature that require filing on or before a deadline. The trial period shall not apply to any new account that requires on-boarding, training, and filing of cases that must be filed by a deadline due to changes in the law or other court proceedings that establish a deadline to comply with the law or any changes in the law.
25. DOUBLE/MULTIPLE FILINGS – The client is solely responsible for the submission of pleadings to be filed. Legal Automation Systems will in no way be responsible or liable for any pleadings or documents submitted multiple times by a client for efiling. While Legal Automation Systems will make it’s best efforts to prevent any files submitted twice the client acknowledges that anything submitted by the client will be filed without any promise or guarantee or accuracy or duplication. If, however, the client submits any pleading(s) multiple times the client is responsible for the filings. Legal Automation Systems will not be responsible for any pleadings submitted by the client which may be duplicates or multiples of the same pleading.