Terms of Use

By electronically accepting this Agreement or using this website, Subscriber agrees to the terms of this Agreement. If Subscriber does not agree with these terms and conditions, Subscriber must not accept this Agreement and shall not use the services.

This Agreement was last updated on June 29, 2019, It is effective between Subscriber and File & ServeXpress, LLC doing business as File& ServeXpress, LLC (“File & ServeXpress, LLC”) as of the earlier of the date of Subscriber accepting this Agreement and or using File & Serve Texas.

NOTICE: FILE & SERVEXPRESS, LLC DOES NOT ENGAGE IN THE PRACTICE OF LAW, NOR IS FILE & SERVEXPRESS, LLC PART OF THE COURT SYSTEM IN WHICH YOUR LAWSUIT IS PENDING. File & ServeXpress, LLC encourages all of its users who are not lawyers to consult with an attorney using File & Serve Texas to file, serve or receive electronic and/or paper documents in a legal action.

  1. DEFINITIONS.
    The following quoted terms not otherwise defined herein shall have the following meanings:
    1. “Subscriber” means a Subscriber that pays for use of File & Serve Texas on a transactional basis and who has the functionality within the File & Serve Texas System as is set forth in the Section 1.7.
    2. “Court” means the applicable state or federal Court or administrative agency that has entered into an agreement with File & ServeXpress, LLC or an EFM to accept, send, retrieve and maintain Documents in electronic format through File & Serve Texas.
    3. “Courts” mean all state and federal Courts and other administrative agencies that have entered into an agreement with File & ServeXpress, LLC or an EFM to accept, send, retrieve and maintain Documents in electronic format through File & Serve Texas.
    4. “Court Rules” means the local rules of procedure established by a Court as well as any rules promulgated by a Court governing use of File & Serve Texas.
    5. “Documents” mean pleadings, Court documents and other legal documents, filings, correspondence and associated data available on File & Serve Texas.
    6. “EFM” or “Electronic Filing Manager” means an entity that has entered into an agreement with the Courts or File & ServeXpress, LLC to provide a standardized interface that accepts Documents in an electronic format for filing with a Court through File& Serve Texas.
    7. “File & Serve Texas” means the File & Serve Texas service that permits Subscriber to: (a) file Documents with a Court in either electronic or paper form; (b) send or serve an electronic or paper copy of Documents on other parties and their lawyers; (c) perform other functions available through File & Serve Texas; (d) receive Documents by electronic notification instead of mail or fax; and (e) access, view, print and download Documents and related Court information filed with Courts using File & Serve Texas. File & Serve Texas also permits Courts to file Documents and orders with notification to Subscribers.
    8. “File & Serve Texas System” means the proprietary business process component and systems component of File & Serve Texas. The business process component includes special know-how and procedures to provide access and support to individuals who conduct electronic Transactions. The File & Serve Texas System’s components consist of the Site, databases, and computer programs that reside on hardware located at third party data centers.
    9. “Filing Receipt” means a confirmation that is transmitted to Subscriber after it has submitted a Transaction through File & Serve Texas to a designated Court and/or parties and their lawyers. The Filing Receipt displays the date and time the Transaction was submitted by Subscriber through File & Serve Texas. According to Court Rules, the Filing Receipt may serve as Subscriber’s proof of E-Filing.
    10. “ID” means the username and password issued by File & Serve Texas to Subscriber and its Users, if applicable, which ID permits access to, and use of, File & Serve Texas. Passwords must conform to the requirements set forth on the site, which are subject to change to ensure privacy and security of data.
    11. “Site” means the File & ServeXpress, LLC website currently located at www.fileandserveTexas.com (but which is subject to change upon notice to Subscriber) at which Subscriber, by entering a valid username, may: (a) file and serve Documents; (b) access and view Documents E-filed and E-served by Subscriber or other subscribers; (c) maintain personal, firm and case account information; (d) file multiple copies of a Document through Filer Courtesy Copy.
    12. “Subscriber” means: (a) if Subscriber is an individual, the person who accepts the terms of this Agreement; or (b) if Subscriber is a company or organization (an “Organization”), the Organization. If the person executing this Agreement is executing it on behalf of an Organization such person represents and warrants that he or she is duly authorized to enter into this Agreement on behalf of the Organization.
    13. “Transaction” means the record that is created by File & Serve Texas with respect to a sent, E-Filed or E-Served Document, or Courier Courtesy Copy Delivery, including the Document(s), Court name, name of case matter, and name of filing party attorney and firm and other associated information.
    14. “User” means those employees, independent contractors and agent of a Subscriber authorized by the Subscriber to use File & Serve Texas. Subscribers will be responsible for any and all use of File & Serve Texas and for all charges incurred by your Users.
    15. “Completed Filings” means any E-filed and/or E-served filing(s) that have been submitted, served, accepted and/or rejected. The details of the completed filings as well as the documents that were filed and/or served are viewable by a user within the File & Serve Texas system.
    16. Terms as defined in this Section 1 and elsewhere, parenthetically, shall have the same meaning throughout this Agreement.
  2. PARTIES.
    1. This Agreement is made between File & ServeXpress, LLC and Subscriber.
    2. By subscribing to File & Serve Texas, Subscriber will be permitted to use File & Serve Texas to E-File, E-Serve, and effectuate Courier Courtesy Copy Delivery to the applicable Courts. In exchange for access to File & Serve Texas, Subscriber agrees to the terms of this Agreement and to pay all applicable fees associated with use of File & Serve Texas as more specifically set forth in Section 4.
    3. Subscriber shall be subject to the terms of this Agreement. By using File & Serve Texas, all Users accept the terms of this Agreement. File & ServeXpress, LLC has the right to notify each User of the terms of the Agreement and Subscriber shall be responsible for the actions of each of its Users.
  3. LICENSE TO USE FILE & SERVE TEXAS; FILE & SERVE TEXAS FEATURES; AND LIMITATIONS.
    1. File & ServeXpress, LLC hereby grants Subscriber a non-exclusive, non-transferable, limited, terminable license to use File & Serve Texas, subject to the terms and conditions set forth in this Agreement, any additional terms and conditions posted on the Site, the Court Rules and any applicable state and federal laws.
    2. The information accessible through File & Serve Texas shall be for Subscriber’s own internal use in the ordinary course of its business. Subscriber may share the results of individual record and Document searches with clients or customers. Subscriber will not provide any third party (including its clients or customers) any right of access to File & Serve Texas, provide any on-going services to third parties through or using File & Serve Texas, whether as a service bureau or otherwise, or provide any records or data in any form to a third party for provision to others. Subscriber acknowledges that any violation of these provisions would cause serious injury to File & ServeXpress, LLC and Subscriber hereby grants to File & ServeXpress, LLC any and all right, title, and interest to all records or data transferred in violation of these provisions.
    3. File & Serve Texas shall not be used in a manner contrary to or in violation of any applicable federal, state, or local law, rule, or regulation, including without limitation, the Fair Credit Reporting Act (15 U.S.C.A.1681 et seq., “FCRA”). Subscriber certifies that neither Subscriber nor any of its Users will use any information obtained from File & Serve Texas as a factor in establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, for employment purposes, for residential tenant screening, for governmental licenses, or for other uses which are covered by the FCRA.
    4. The following is a description of the features of File & Serve Texas that are available to all Subscribers and the limitations of such features:
      1. “Data Entry” is a feature that allows Subscriber to enter case information. Subscriber is solely responsible for providing accurate information. File & ServeXpress, LLC does not edit or update information if a Transaction cannot be completed because the information provided by Subscriber is inaccurate;
      2. “E-File” or “E-Filing” is a feature that allows Subscribers to electronically submit Documents through File & Serve Texas to Courts that have approved the use of File & Serve Texas in their Court Rules. Subscriber is solely responsible for loading and transmitting Documents correctly and in a timely fashion and for confirming, through File & Serve Texas the Documents have been accepted for E-Filing by the Court;
      3. “E-Serve,” “E-Serving,” or “E-Service” means the official service of Documents on parties to a lawsuit and/or their attorneys by submitting the Documents electronically through File & Serve Texas (excluding service of process). The term “E-Service” pertains only to subsequent pleadings filed in a litigation matter, not the initial Complaint. The ability to E-Serve Documents on other parties and their lawyers is determined by Court Rules, Case Management Order, Stipulation Order signed by the attorneys, or other agreement between the attorneys in a case. It is Subscriber’s sole responsibility to determine when a Document can or must be E-Served as opposed to service in paper or E–Filed or conventionally filed with a Court.
      4. “Courtesy Notification” is a feature that allows Subscribers to provide an informal notice to a case party that it has E-Filed a Document on File& Serve Texas. The sending of Courtesy Notification MAY OR MAY NOT comply with Court Rules for service. Subscribers that use this feature are solely responsible for determining when a Document must be E-Served as opposed to sending a Courtesy Notification that a Document has been E-Filed. The recipient of a Courtesy Notification will receive an email notification that the Document has been E-Filed on File& Serve Texas with a link to the Document.
  4. CHARGES; BILLING.
    1. The use of File & Serve Texas by Subscribers will result in the accrual of “Usage Fees,” “Court Fees” (in some jurisdictions), and “Service Fees,” each as defined below.
      1. Usage Fees are those fees imposed by File & ServeXpress, LLC for use of File & Serve Texas and may vary based upon a number of factors including the State, Court, Case Type, Case Class, and features being used. Usage Fees will be set forth on a project specific basis and are subject to change from time to time. Subscriber will check the File & Serve Texas Site for the amount of Usage Fees and for any changes to the Usage Fees. However, no fee will be increased by more than 5% within any twelve (12) month period without providing Subscriber with ninety (90) days written notice of the fee increase. Subscriber is solely responsible for all Usage Fees incurred for the use of File & Serve Texas by its Users. All Usage Fees are exclusive of taxes and, if applicable, taxes will be added to Subscriber’s invoice and are payable by Subscriber. Subscriber is responsible for providing a sales tax exemption certificates to avoid such taxes. Usage Fees apply even if a document is rejected by a Court: File & ServeXpress, LLC will not provide a refund. Notwithstanding the foregoing, File & ServeXpress, LLC and Subscriber may enter into a pricing amendment to this Agreement (an “Amendment”) with respect to the amount of Usage Fees.
      2. Court Fees are the fees, charges, taxes and the like, due to a Court or other governmental entity for Documents tendered for filing, posting through File & Serve Texas, or accessed by Subscriber through File & Serve Texas in instances where File & ServeXpress, LLC has agreed to collect such fees on behalf of the Subscriber, Court or governmental entity. FILE & SERVEXPRESS, LLC MAY COLLECT AND REMIT COURT FEES IN SOME JURISDICTIONS. HOWEVER, SUBSCRIBER IS SOLELY RESPONSIBLE FOR THE PAYMENT OF COURT FEES. FILE & SERVEXPRESS, LLC MAY ALSO ASSESS AN ADMINISTRATIVE FEE FOR THE ADVANCEMENT OF COURT FEES.

        The amount of such administrative fee must be listed on the Site prior to being incurred by Subscriber or Subscriber shall not be responsible for the payment of such administrative fees.
        1. Service Fees are the fees charged by File & ServeXpress, LLC for File & ServeXpress, LLC to pay third party fees on behalf of any File & Serve Texas Subscriber. Certain websites and electronic portals accessed by a Subscriber will permit such Subscriber to have the fees and other charges charged by the owner or operator of such website or portal paid by File & ServeXpress, LLC. If File & ServeXpress, LLC pays any such fee or charge, File & ServeXpress, LLC will charge the Subscriber the amount of such fee or charge and (ii) a Service Fee in the amount of 5% of such fee or charge. Service Fees apply even in the event of any dispute with the third-party website or electronic portal concerning the underlying fee or charge. If File & ServeXpress, LLC receives a refund of such underlying fee or charge, File & ServeXpress, LLC will credit the File & Serve Texas Subscriber’s account for such underlying fee or charge amount, but File & ServeXpress, LLC will not provide a refund of any Service Fee imposed on such underlying fee or charge. File & ServeXpress, LLC may, from time to time change the amount of the Service Fee.
    2. At File & ServeXpress, LLC’s discretion, in addition to Usage Fees, Court Fees and Service Fees, File & ServeXpress, LLC may assess File & Serve Texas Subscribers a reasonable administrative fee for the (i) processing of the statutory Court Fees and (ii) processing and/or conversion of Court case service/notice lists that are provided by Subscribers to File & ServeXpress, LLC in a format other than an Excel spreadsheet or Flat File Text format. The amounts of such administrative and/or processing fees must be listed on the Site prior to being incurred by Subscriber or Subscriber shall not be responsible for payment of such fees.
    3. Subscribers will pay File & ServeXpress, LLC the applicable Usage Fees, Court Fees and Service Fees for use of File & Serve Texas via a credit card. Applicable fees will be posted on the Site from time to time by File & ServeXpress, LLC. If Subscriber’s credit card charge is not approved, the Transaction will not be processed. Select approved Subscribers will be invoiced on a monthly basis, either via a hard copy or an electronic invoice. Subscribers choosing to receive an electronic invoice will not be charged an additional fee for such electronic invoice. However, Subscribers choosing to receive a hard copy invoice will be charged a minimal fee. The invoice will set forth a reasonably detailed list of the Usage Fees and, if applicable, Court Fees and/or Service Fees incurred. At File & ServeXpress, LLC’s discretion, in addition to Usage Fees, Court Fees and Service Fees, File & ServeXpress, LLC may assess reasonable administrative fees upon Subscribers who pay monthly invoices through multiple (in excess of five) checks or payments. Subscribers are ultimately and fully responsible for payment to File & ServeXpress, LLC of all fees, charges and other amounts (including, without limitation, any statutory filing, other Court fees or administrative fees), incurred through its User’s usernames. The duty to pay any and all fees incurred for use of File & Serve Texas is responsibility of the Subscriber and shall not be delegated to any third party(s) without prior authorization from File & ServeXpress, LLC.
    4. Subscribers shall pay each invoice in accordance with the Texas Prompt Payment Act, chapter 2251, Texas Government Code. Additionally, File & ServeXpress, LLC may terminate the Subscriber’s access (and access by all its Users) to File & Serve Texas in accordance with Section 7 for any delinquent account that has not been paid in accordance with the Texas Prompt Payment Act, chapter 2251, Texas Government Code and report such Subscriber’s failure to pay File & ServeXpress, LLC for undisputed amounts due within thirty (30) days of Subscriber receiving written notice of the delinquency from File & ServeXpress, LLC to the applicable Court.
  5. SUBSCRIBER'S RESPONSIBILITIES.
    1. Subscriber is solely responsible for: (a) Subscriber’s software and equipment, including computer and communications devices; (b) ensuring Subscriber’s software and hardware are suitable for connecting to the Site and using File & Serve Texas, including having the minimum system and software required by File & ServeXpress, LLC to use File & Serve Texas; and (c) Subscriber’s access to the Internet, Subscriber’s connectivity to the Site, Subscriber’s relationship with its Internet service provider, and any telephone or other connection and service fees associated with such access.
    2. Subscriber is solely responsible for training and monitoring their Users. Subscriber’s authorization of a User to obtain a username is also an authorization of that User to incur charges such as Court Fees, File & Serve Texas Usage Fees and Service Fees (as such terms are defined in Section 4.1 above). Subscribers shall be solely responsible for all fees incurred by its Users.
    3. Subscriber is solely responsible for maintaining the security and confidentiality of all usernames/passwords. Subscriber will promptly notify File & ServeXpress, LLC if a username/password is lost, stolen, no longer valid, has been misused, or compromised in any manner. File & ServeXpress, LLC will promptly cancel such username/password. File & ServeXpress, LLC shall have no liability to Subscribers, Users, or any third party (including, without limitation, Subscriber’s clients or customers, if any) for any claim based upon misuse of a username/password. Subscriber is solely responsible to control all usernames/passwords appropriately assigned by File & ServeXpress, LLC. File & ServeXpress, LLC may immediately suspend access to File & Serve Texas, if it suspects unauthorized use of a username/password, after attempting to contact you to verify whether a particular suspected unauthorized use was unauthorized. Each username/ password issued will be used solely by the individual for whom it was issued and shall not be shared under any circumstances.
    4. Subscriber is solely responsible for maintaining and updating usernames/passwords used to access File & Serve Texas in accordance with applicable requirements set forth on the Site. Username/password protocol is subject to change to ensure privacy and data protection. Subscribers and Users that do not follow password protocol may be unable to access the File & Serve Texas System.
    5. Subscriber is solely responsible for the continuing accuracy of any and all information provided by Subscriber to File & ServeXpress, LLC in connection with the electronic transmission or delivery of any Document. Subscriber must notify File & ServeXpress, LLC of any change in Subscriber’s contact information including, but not limited to, the change of address, legal name, facsimile number(s), email address, or any other material information known by Subscriber that is part of Subscriber’s contact information. FAILURE TO MAINTAIN ACCURATE AND CURRENT SUBSCRIBER OR USER INFORMATION ON THE SITE, MAY RESULT IN INCOMPLETE DELIVERY OF SERVICE DOCUMENTS UPON CURRENT SUBSCRIBERS AND USERS, OR FAILURE TO RECEIVE SERVICE OF LEGAL DOCUMENTS.
    6. Subscriber is solely responsible for checking the Site to determine if notification of Service has been provided, or that a Document it attempted to E-File has been rejected by a Court. SUBSCRIBER IS SOLELY RESPONSIBLE FOR MONITORING FILE & SERVE TEXAS, INCLUDING BUT NOT LIMITED TO, COMPLETED FILINGS AND EMAIL NOTIFICATIONS. FURTHER, IT IS THE SOLE RESPONSIBILITY OF SUBSCRIBER TO DETERMINE IF A DOCUMENT MUST BE SERVED AS OPPOSED TO SIMPLY FILED.
    7. SUBSCRIBER IS SOLELY RESPONSIBLE FOR CHECKING THE SITE TO DETERMINE PROPER ASSOCIATION WITH THE APPROPRIATE CASE(S) AND PLACEMENT ON THE CORRESPONDING SERVICE LIST(S). FILE & SERVEXPRESS, LLC IS NOT RESPONSIBLE FOR THE ACCURACY OR CONTENT OF CASE SERVICE LISTS POSTED ON THE SITE. When requesting to be associated with a particular case(s), Subscriber and any/all Users assert and warrant they are entitled to be associated with and receive service of Documents in said cases(s).
    8. Subscriber is responsible for checking the Site for changes to the terms of this Agreement and with the Courts periodically for changes in the Court Rules. FILE & SERVEXPRESS, LLC IS NOT RESPONSIBLE FOR CHANGES TO COURT RULES OR FOR NOTIFYING SUBSCRIBER OF SUCH CHANGES.
    9. Subscriber shall notify File & ServeXpress, LLC immediately if an E-Filed Document is subsequently sealed by a Court and shall provide details in connection with such sealing which enable File & ServeXpress, LLC to determine the action which should be taken in connection with the E-Filed Document at issue )e.g., removal from public access in File & Serve Texas).
  6. MODIFICATION OF TERMS AND FILE & SERVE TEXAS.
    1. Modifications to this Agreement must be agreed to in writing by both parties. However, File & ServeXpress, LLC may modify or change the amounts of the Usage Fees (as defined in Section 4.1 above) under this Agreement from time to time. File & ServeXpress, LLC will notify Subscriber of any change(s) in Usage Fees or, as applicable, Service Fees pertaining to E-File-Only Transactions and E-File and E-Serve Transactions, by providing Subscriber with written notice of the change(s) at least thirty days prior to the effective date of such change(s). File & ServeXpress, LLC reserves the right to modify or discontinue features and capabilities of File & Serve Texas, or any portion of File & Serve Texas, for normal maintenance and enhancements, and to modify or update the File & Serve Texas System documentation located on the Site. However, File & ServeXpress, LLC must provide at least thirty (30) days written notice to Subscriber if File & ServeXpress, LLC is going to discontinue any feature or functionality without replacing it with at least substantially equivalent functionality. Usage Fees pertaining to enhanced and/or new features will be effective immediately upon release of such features.
    2. The continued use of File & Serve Texas by Subscriber or its Users, if applicable, after such notice will constitute acceptance of the change. If Subscriber objects to such modifications, Subscriber’s sole recourse will be discontinuance of Subscriber’s use of File& Serve Texas.
  7. TERMINATION.
    1. Subscriber may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to File & ServeXpress, LLC. Upon termination by Subscriber, any and/or all obligations and duties owed by File & ServeXpress, LLC to Subscriber, if any, will end. At Subscriber’s option, File & ServeXpress, LLC may provide post-termination assistance to Subscriber and may assess upon Subscriber reasonable administrative fees and costs associated with such assistance that are agreed upon by the parties.
    2. File & ServeXpress, LLC may terminate this Agreement, without cause, upon 120 days written notice to Subscriber. Additionally, in the event that Subscriber breaches any material term of the Agreement (including Court Rules), File & ServeXpress, LLC may terminate this Agreement immediately, if Subscriber has not cured such breach within thirty days after File & ServeXpress, LLC gives Subscriber written notice of such breach. Material breach includes (but is not limited to&41; any misuse of File & Serve Texas, Subscriber’s insolvency, or any failure to make payments to File & ServeXpress, LLC on undisputed amounts. File & ServeXpress, LLC may also terminate a Subscriber’s account after an account remains inactive for six months, provided that Subscriber has not resumed activity of the account within thirty &40;30&41; days of receiving written notice of the inactivity from File & ServeXpress, LLC. Terminated accounts may be deleted by File & ServeXpress, LLC. Users of a terminated Subscriber account will lose all access to the File & Serve Texas System and will no longer have the ability to submit filings to the Court, serve documents through the File & Serve Texas System or utilize any other features of File & Serve Texas. A Subscriber may re-activate a terminated account by going through the online registration process at www.fileandserveTexas.com or by contacting File & ServeXpress, LLC Customer Support.
    3. Upon termination of this Agreement, neither Subscriber nor its Users will have the ability to use File & Serve Texas.
    4. Subscriber is responsible for notifying a Court and other Subscribers to File & Serve Texas of the termination of Subscriber’s access to File & Serve Texas.
  8. WARRANTY.
    1. File & ServeXpress, LLC warrants that File & Serve Texas is capable of performing the functions in conformance with the published File & Serve Texas System documentation, under normal use and as long as Subscriber is in compliance with its obligations under this Agreement. Subscriber’s sole relief for breach of the foregoing warranty is that File & ServeXpress, LLC (in its sole discretion) will either, (a) redeliver or re-perform the File & Serve Texas feature or function without charge, or (b) refund to Subscriber the fee paid by Subscriber for the File & Serve Texas feature or function that is the subject of the warranty claim.
    2. The Internet is a not an error-free environment and some forms of electronic filings need substantial lead time and reasonable computer skills to prepare and transmit in a timely fashion. FILE & SERVE TEXAS IS SUBJECT TO LIMITATIONS, DELAYS AND PROBLEMS INHERENT WITH THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEITHER FILE & SERVEXPRESS, LLC NOR ITS SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THAT FILE & SERVE TEXAS WILL MEET SUBSCRIBER’S REQUIREMENTS, OR THAT FILE & SERVE TEXAS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NEITHER FILE & SERVEXPRESS, LLC NOR ITS SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION IN RECORDS AVAILABLE ON FILE & SERVE TEXAS, OR WARRANT THAT ANY PLEADINGS, MAIL OR OTHER DOCUMENTS WILL BE RECEIVED AND READ BY THEIR INTENDED RECIPIENTS. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 8.1, NEITHER FILE & SERVEXPRESS, LLC NOR ITS SUPPLIERS, LICENSORS OR CONTRACTORS PROVIDES ANY WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FILE & SERVE TEXAS IS PROVIDED “AS IS WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS.
    3. With the exception of Documents that are E-Filed or E-Served by Subscriber in the normal course of its business using File & Serve Texas, Subscriber represents and warrants that it will not provide File & ServeXpress, LLC with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the parties.
  9. LIMITATIONS OF LIABILITY.
    1. File & ServeXpress, LLC has no control over the content of a Document transmitted on or through File & Serve Texas, and File & ServeXpress, LLC has no liability to Subscriber, Users, Subscriber’s clients, customers, or other third parties for any claim based upon rejection of a Document by a Court or an EFM, (b) alleged defamation, libel, or slander contained in the Documents, (c) infringement of any intellectual property rights in a Document, and (d) the content and format of a Document. File & ServeXpress, LLC has no liability to Subscriber, Users, Subscriber’s clients, customers, or other third parties based upon incorrect transmission or delivery instructions by Subscriber or other subscribers to File & Serve Texas, including, without limitation, liability for any losses in connection with the loss of privilege or for any other claimed injury or damages due to disclosure of a Document.
    2. NEITHER FILE & SERVEXPRESS, LLC NOR ITS SUPPLIERS, LICENSORS OR CONTRACTORS WILL BE RESPONSIBLE FOR, AND SUBSCRIBER WILL NOT SEEK TO HOLD FILE & SERVEXPRESS, LLC OR ANY SUCH PARTY RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM: (a) any errors in or omissions from File & Serve Texas; (b) any delays or delivery problems resulting from use of File & Serve Texas; (c) the unavailability or interruption of File & Serve Texas or any of its features; (d) your use of File & Serve Texas (regardless of whether Subscriber received assistance, information or advice from the Site or any File & ServeXpress, LLC personnel); (e) transmission errors or any problems relating to telephone lines or other transmission devices, including the unavailability of telephone lines or other electronic transmission lines or devices; (f) any alteration or destruction of a Document resulting from third parties’ unauthorized access to or use of File & Serve Texas (e.g., computer “hackers”); or (g) any losses or damages or alteration or destruction of a Document or information on any party’s computer system or elsewhere resulting from the transmission of computer “viruses” or other damaging or destructive software or software components by or through File & Serve Texas, except in the case of willful or reckless acts on the part of File & ServeXpress, LLC.
    3. IN NO EVENT WILL FILE & SERVEXPRESS, LLC OR ANY OF ITS SUPPLIERS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF REVENUES, PROFITS, DATA OR OTHER INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBSCRIBER’S EXCLUSIVE REMEDY, WITH THE EXCEPTION OF THE IP INDEMNIFICATION OBLIGATIONS OF SECTION 10, THE MAXIMUM LIABILITY OF FILE & SERVEXPRESS, LLC AND SUCH OTHER PARTIES, IF ANY, FOR ANY DAMAGES, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF USAGE FEES SUBSCRIBER ACTUALLY PAID TO FILE & SERVEXPRESS, LLC IN THE TWELVE (12) MONTHS PRECEDING THE PARTICULAR TRANSACTIONAL USE OF FILE & SERVE TEXAS WHICH CAUSED THE DAMAGES, EXCLUSIVE OF COURT FEES. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTY AND DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT.
    4. In jurisdictions where File & Serve Texas is not required, File & Serve Texas may be provided as a convenience service, and Subscriber can make alternative arrangements to file and serve Documents. Subscriber acknowledges that the timely E-Filing or E-Serving, in compliance with statutes, regulations, Court Rules, and orders requires the professional judgment of an attorney, and that attorneys appearing in a case are ultimately responsible for the timely E-Filing, E-Serving, or Service of Process of any such Documents (as specified by User). While File & ServeXpress, LLC will use reasonable efforts to electronically E-File or E-Serve, neither File & ServeXpress, LLC, nor any of its licensors, suppliers or contractors shall have any liability whatsoever associated with the E-Filing, E-Serving or failure to E-File, E-Serve submitted via File & Serve Texas. The parties will use reasonable efforts to take precautions against the contamination of their respective systems and computer files with software viruses, worms or other malicious agents that may reside within messages sent through File & Serve Texas. At a minimum, such precautions shall include the installation, upgrading and use of commercial virus detection software to scan files and Documents transmitted via File & Serve Texas. Additionally, the parties will use reasonable efforts to identify and to correct or remove any Document or file that may have infected data or contain viruses or other malicious agents. File & ServeXpress, LLC reserves the right to delete infected Documents, files or programs, and File & ServeXpress, LLC shall have no liability to Subscriber, or the sender or intended recipient of infected materials for such action. However, no precautions or virus detection software is or can be effective against all viruses, and File & ServeXpress, LLC shall have no liability with regard to any contamination of files or Documents on File & Serve Texas.
    5. In jurisdictions where File & ServeXpress, LLC is not participating as an EFM, in no event will File & ServeXpress, LLC or any of its suppliers, licensors or other contractors be responsible or liable for: (a) any problems relating to delivery or delay of Documents filed with the Court resulting from the EFM; or (b) the unavailability or interruption of EFM service. No claim, regardless of form, which in any way arises out of or relates to File & Serve Texas or Subscriber’s use of or inability to use File & Serve Texas, or the use of or inability to use Documents accessed through File & Serve Texas, may be brought by Subscriber more than one year after the basis for the claim is discovered by Subscriber or as permitted by the laws of the State of Texas.
    6. Each third-party supplier, licensor or contractor of File & ServeXpress, LLC has the right to assert and enforce the provisions of Sections 8 and 9 of this Agreement on its own behalf as a third-party beneficiary.
  10. NON-INFRINGEMENT.
    • (a) File & ServeXpress, LLC, at its expense and option will defend and hold Subscriber harmless from or settle any claim, cause of action or demand made by any third party against Subscriber that File & Serve Texas or the File & Serve Texas System infringes any U.S. patent, copyright, trademark or trade secret of any third party; provided, that Subscriber within a reasonable time notifies File & ServeXpress, LLC of the claim in writing; (b) use of File & Serve Texas was in substantial compliance with this Agreement, (c) the infringement was not caused in whole or in part by any misuse or unauthorized modification of File & Serve Texas or the File & Serve Texas System by Subscriber; (d) File & ServeXpress, LLC shall have sole control over the investigation, defense and settlement of the claim; (e) Subscriber shall provide such assistance in the defense of the claim as File & ServeXpress, LLC may reasonably request; and (f) Subscriber shall comply with any settlement or Court order made in connection with the claim. Notwithstanding the foregoing, Subscriber must be represented by the Texas Office of the Attorney General.
  11. THIRD-PARTY SOFTWARE.
    • File & Serve Texas may utilize software from third-party providers (“Third-Party Software”). Third-Party Software can include sign-on and identification facilities, document transfer, and conversion tools and the facilities needed to acknowledge, time stamp and forward documents, associated data and notifications to and from the Court as well as to other users of File & Serve Texas. Subscriber shall comply with the license terms of any Third-Party Software supplied in connection with File & Serve Texas and that it will not or allow others to alter or modify any Third-Party Software without express written permission from File & ServeXpress, LLC or the Third-Party Software provider in each instance. File & ServeXpress, LLC has no obligation to maintain or upgrade any such Third-Party Software.
  12. FORCE MAJEURE.
    • Neither party shall be in breach of this Agreement in the event it is unable to perform its obligations under this Agreement as a result of interruption and delay due to causes beyond its reasonable control including, but not limited to, acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of equipment not under the control of either party, transmission line or communications failure or unavailability, industrial or labor dispute, inability to obtain necessary supplies and the like.
  13. MISCELLANEOUS PROVISIONS.
    • This Agreement and Subscribers Purchase Order Terms and Conditions, (including the Court Rules and any applicable state or federal laws) embodies the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written. This Agreement is governed by and construed under the laws of the State of Texas, without reference to its conflicts of law rules to the contrary. Neither this Agreement nor any part or portion of it shall be assigned, sublicensed or otherwise transferred (by merger, operation of law, or in any other manner) by Subscriber without File & ServeXpress, LLC’s prior written consent. All notices required or permitted in this Agreement shall be in writing and shall be emailed, mailed, faxed, posted on the Site by File & ServeXpress, LLC or delivered to the account representative of the other party at the last address provided to the other party in writing. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal, the validity and enforceability of the other provisions shall not be affected. In addition, the parties will endeavor to replace the provision with a legal, valid, or enforceable one that most closely embodies the original intentions of the parties. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only.
    • For Subscribers using the File & Serve Texas system in Texas to submit transactions through eFileIL, please refer to the eFileIL Terms and Conditions Agreement and the Tyler Technologies Terms of Use.