User Agreement – Arizona Courts eFile Web Portal
Filing Policy. Terms and Conditions
User Agreement – Arizona
E-filing in the state courts of Arizona is made available through the
Arizona Courts eFile Web Portal, which is operated by the Arizona Supreme Court’s
Administrative Office of the Courts and its contracted Electronic Filing Service
Providers. Your use of the Arizona Courts eFile Web Portal, hereinafter referred
to as “Portal” or “the Portal,” is subject to the following terms and conditions,
as well as all applicable rules and laws.
A. General Provisions
1. The Arizona
Supreme Court Administrative Office of the Courts, and its contracted Electronic
Filing Service Providers are not responsible
for any delays or non-delivery of your documents due to technical difficulties or
for any other cause. All risk in connection with filing your documents within the
applicable deadline set by a judge, procedural rule, or statute of limitations period
shall be borne by you.
2. Failure to have
your documents delivered and accepted by an Arizona court and/or the recipients
of your e-service in a timely manner may
affect valuable legal rights, including your ability to bring your case within the
statute of limitations applicable to your claim. Use of the Portal does not alter
or extend any statutory deadlines.
3. If you do not
receive timely email notification confirming delivery and acceptance of your documents
by the court and/or the recipient of your e-service, it is your responsibility to
confirm that your documents have been successfully delivered and accepted. You
can confirm delivery and acceptance of your documents by either logging into your
Electronic Filing Service Provider (EFSP) website, or by contacting the AOC Support
Center as soon as practicable at either PASupport@courts.az.gov or 602-452-3519
or 1-800-720-7743.
4. By submitting
case documents through the Portal, you acknowledge that the documents you are submitting
are considered signed, and, if required, signed under penalty of perjury.
5. You assume all
risk associated with use of the Portal, including but not limited to identity theft
and fraudulent credit card charges.
B. Conduct
The Portal is not intended as a substitute for a lawyer. To the extent
that you require legal advice, you must consult a legal professional. You agree
to access and use the Portal only for lawful purposes. You are solely responsible
for the knowledge of and adherence to any and all laws, statutes, local rules, court
rules, and policies pertaining to your use of the Portal. By using the Portal,
you agree you will not use the Portal to:
1.
Commit a criminal offense, or to encourage others to engage in any
conduct that would constitute a criminal offense or give rise to civil liability.
2. Post or transmit
any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise
unlawful or inappropriate content.
3. Impersonate
other parties or entities.
4. Upload any content
that contains a software virus, "Trojan Horse", or any other computer
code, files, or programs that may alter, damage, or interrupt the functionality
of the Portal or the hardware or software of any other person who accesses the Portal.
5. Upload, post,
or otherwise transmit any materials that you do not have a right to transmit under
any law or contractual obligation.
6. Alter, damage,
or delete any content posted on the Portal.
7. Disrupt the
normal flow of communication in any way.
8. Make any unauthorized
claims of a relationship with or representation of any business, association, or
other organization.
9. Post or transmit
any unsolicited advertising, promotional materials, or other forms of solicitation.
10. Post any material
that infringes upon or violates the intellectual property rights of another.
11. Collect personal
information about others.
12. Engage in conduct
that violates any copyright laws, worldwide, or carry out any unauthorized copying
of information, images, or text contained in the Portal.
C. Use of Information and Responsibility for Use of Password
As part of your Portal registration, you will provide a valid email
address and select a password. You must also provide certain registration information,
all of which must be accurate and kept updated.
You should not share your login credentials with anyone who is not
authorized to act on your behalf. The Administrative Office of the Courts will not
require you to reveal your registration login credentials to any Portal customer
support representative. You are entirely responsible for any and all activities
that occur under your Portal account, and you accept responsibility for maintaining
the security of your username and password. Neither the Administrative Office of
the Courts, nor its contracted Electronic Filing Service Providers, will be liable
for any loss that you may incur as a result of someone else using your login credentials,
either with or without your knowledge. Should you allow others to use your account
password, you will be responsible for all actions such persons might take with respect
to the Portal, whether or not authorized by you, and you agree to hold the Arizona
Supreme Court, Administrative Office of the Courts, and its contracted eFiling Service
Providers harmless from all such actions. If you suspect a password has been compromised
in any way you must immediately reset your password. If you believe that your password
may have been used inappropriately, you must contact the AOC Support Center as soon
as practicable at either: PASupport@courts.az.gov, or 602-452-3519 or 1-800-720-7743.
D. Fees
User Fee
You understand your use of the Portal is subject to payment of a User
Fee, identified as the Application Fee. The User Fee is non-refundable.
Filing Fee
You understand there may be a Filing Fee associated with submitting
a specific document with a court. The Filing Fee will vary depending on the type
of submission and may vary from court to court. The Administrative Office of the
Courts will make every effort to ensure Filing Fees are calculated correctly, however,
should there be a discrepancy between the Filing Fee calculated by your
Electronic Filing Service Provider and the Filing Fee charged by the court, you
are responsible for the difference.
Use of Credit Card
You acknowledge that the credit card and billing information you provide
for processing your payment is valid.
Consequences of Nonpayment
You agree that your failure to pay all applicable User Fees and Filing
Fees or your act of canceling or disputing any credit card transaction for applicable
User Fees and Filing Fees may give rise to collection activities by the court to
which you submit your filing. Such actions may include, but are not limited to
(a) filing a court action against you, (b) reporting such action to credit rating
services, (c) contesting your credit card dispute, or (d) assigning such nonpayment
to a collection agency. In addition, and as penalty for nonpayment, you agree to
pay a one-time late fee of $25.00.
E. Other Site Links
Some links on the Portal may lead to websites that are not operated
by the Administrative Office of the Courts. The Administrative Office of the Courts
does not control these websites and does not guarantee the accuracy, relevance,
timeliness, or completeness of information contained on the linked websites. The
links are being provided for users’ convenience only. These links are not an endorsement
or warranty of any products, services, or information, and do not imply an association
between the Administrative Office of the Courts and the operators of the linked
website. When you select a link to an outside website, you are subject to the terms
and conditions of the owner/sponsor of that website.
F. Use of Email
You specifically agree that you will not use email addresses obtained
from the Portal for any purpose other than the litigation for which the email address
was provided. The Administrative Office of the Courts, in its sole discretion,
will identify violations of the limitations on email usage set forth in this Agreement.
Violations may result in denial of support or services, or other consequences.
G. Privacy
Normal Website Usage
The Administrative Office of the Courts may collect and store typical
web server log data during normal use of the Portal by you. Examples of this type
of data include the name of your Internet Service Provider, the website that referred
you to the Portal, pages you request, and the time and date of those requests, etc.
The Administrative Office of the Courts may use this information to generate statistics
and measure website activity. This same information may be shared with third parties
in order to provide these services, or to analyze, store, or aggregate the information.
It may also be shared with third parties working with the Administrative Office
of the Courts to improve the services of the Portal. These types of data generally
do not contain personally identifying information.
Personally Identifying Information
The Administrative Office of the Courts may request personally identifying
information to provide you with a service at your request. This information, such
as name, mailing address, e-mail address, computer system information, and type
of request, is collected and stored in a manner appropriate to the nature of the
request (such as customer support), as determined by the Administrative Office of
the Courts to fulfill your needs or to communicate effectively with you. The Portal
may provide links to third-party websites not controlled by the Administrative Office
of the Courts, which is not responsible for the privacy policies or security of
any website not under its control. It is recommended that you check the specific
privacy policy of any website before providing any personally identifying information.
Email
If you send personally identifying information via email, the Arizona
Courts may use that information for the purpose identified in the email message
(such as customer support) and to improve the Portal’s services.
Confidential or Sealed Documents and Cases
The confidentiality of any document submission delivered through the
Portal is not guaranteed. If you choose to submit documents to an Arizona court
or to
recipients of e-service via the Portal, the submitted information may be considered
public information. Any documents that you consider to be confidential, restricted,
or sealed should be submitted over-the-counter at the courthouse on paper.
Responsibility for Acceptance of Notification
Once you submit your document(s) to a court and/or electronically serve your documents through the Portal, your Electronic
Filing Service Provider will notify you via email with certain information specific
to your case. Some people have software programs installed on their computers that
block unsolicited email (spam filters). You are solely responsible for taking such
action as may be necessary to permit the email notifications to arrive safely in
your email mailbox. If your software requires registration of email senders prior
to their acceptance into your email mailbox, you will need to add the Portal’s email
address, which is: PASupport@courts.az.gov. The Administrative Office of the Courts
and its contracted Electronic Filing Service Providers are not responsible for notifications
that fail to arrive in your email mailbox due to the presence of spam protection
software.
H. Termination of Use
The Administrative Office of the Courts may, at its sole discretion,
terminate or suspend your access to and use of the Portal without notice and for
any reason, including for violation of these terms and conditions of use, discontinuance
of services or content modifications to the Portal, technical problems or errors,
extended periods of inactivity, upon request by law enforcement or other governmental
agency, or for other conduct that is unlawful or harmful to others. In the event
of termination, you will no longer be authorized to use the Portal, and the Arizona
Courts may use any means possible to enforce this termination.
I. Indemnity
You agree to indemnify, defend, save, and hold harmless the Arizona
Supreme Court, the Arizona trial and appellate courts, the Arizona Administrative
Office of the Courts, the State of Arizona, and their departments, agencies, boards,
commissions, officers, officials, agents, and employees, Electronic Filing Service
Providers, partners, affiliates or agents, and the employees and contractors thereof,
from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorney's fees, and costs of claim processing, investigation
and litigation) (hereinafter referred to as "Claims") arising from any
breach by you of these terms and conditions of use. You agree to cooperate fully
in the defense of any such claims. The Arizona Supreme Court, Administrative Office
of the Courts reserves the right to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you. You agree not to settle
any matter involving the breach of these terms and conditions of use without the
written consent of the Administrative Office of the Courts.
J. Disclaimer of Warranty
You expressly understand and agree that your use of the Portal, or
any material or services available through the Portal, is at your own risk. The
information, software, and services provided by the Portal may be subject to errors
or omissions. The Administrative Office of the Courts does not warrant that the
Portal will not be interrupted, problem-free, nor that the Portal is free of software
viruses, worms or Trojan horses, omissions, or errors; nor does it make any warranty
as to the results that may be obtained from the use of the Portal. The content
and function of the Portal is provided to you "as is," without warranties
of any kind, either express or implied, including, but not limited to, warranties
of title, merchantability, fitness for a particular purpose or use, or currency.
You acknowledge and agree that neither the Arizona Supreme Court, Administrative
Office of the Courts, State of Arizona, any other governmental agency, entity or
body, nor any vendor nor their employees or contractors, relating in any way to
the Portal is or will be liable in any way whatsoever for the accuracy, validity,
timeliness, or security of the information, software, or services provided or transmitted.
K. Limitation of Liability
In no event will the Arizona Supreme Court, the Administrative Office
of the Courts, nor their employees, Electronic Filing Service Providers, partners,
affiliates, or agents or the employees
and contractors thereof, be liable for
any incidental, indirect, special, punitive, exemplary, or consequential damages
arising out of your use of or inability to use the Portal, including without limitation,
loss of revenue or anticipated profits, loss of goodwill, loss of business, loss
of data, computer failure or malfunction, or any other damages.
The Administrative Office of the Courts reserves the right to modify
or discontinue any services provided on this website and any conditions of use with
or without notice. This may occur periodically for maintenance and may include
temporary or permanent changes.
You are responsible for the accuracy, authenticity, validity and completeness
of your own electronically filed or served documents. You are also responsible
for meeting any deadlines associated with your document and e-service submissions
and for confirming that your documents have been accepted. Additionally you are
responsible for risks to your own systems and information, and must take steps for
your own protection such as using anti-virus software, making frequent backups and
maintaining network firewall protection. You acknowledge
and agree that if you are dissatisfied with any portion of the Portal web site,
software, or services provided, or with any of these terms of use, your sole and
exclusive remedy is to discontinue using the Portal.
L. Governing Law
The laws of
the State of Arizona, shall govern this Agreement, without regard to conflict of
laws principles. In the event there are applicable amendments to the laws of the
State of Arizona, those amendments shall automatically become part of this Agreement.
Any legal action brought concerning this Agreement or any dispute hereunder shall
be brought only in the courts of the State of Arizona, in the County of Maricopa,
or in the federal courts located in Maricopa County, Arizona. You agree to submit
to venue and jurisdiction in these courts. In the event that an action or claim
arises outside of these jurisdictions, which names any Arizona court, or its employees,
suppliers, vendors, Electronic Filing Service Providers, partners, affiliates, or
agents in connection with this Agreement, you agree to initiate, consent to, and/or
cooperate with any and all efforts to remove the matter to the exclusive jurisdiction
of the state courts of Arizona or the federal courts located in Maricopa County,
Arizona, or to otherwise take any and all reasonable actions to achieve the objectives
of this provision.
M. Modification of the Agreement
The Administrative
Office of the Courts reserves the right to modify these terms and conditions of
use at any time without any direct notice to you, and may do so by posting notice
of such modifications on this page. Any modification is effective immediately upon
posting, unless otherwise stated. Your continued use of the Portal following the
posting of any modification signifies your acceptance of such modification. You
should periodically visit this page to review the current terms and conditions of
use.
N. Waiver
No waiver of
any right under this Agreement shall be deemed effective unless contained in writing
signed by a duly authorized representative of the Administrative Office of the Courts,
and no waiver of any past or present right arising from any breach or failure to
perform shall be deemed to be a waiver of any future right arising under this Agreement.
O. Assignment
This Agreement
and your use of the Portal are not assignable without the prior written consent
of the Administrative Office of the Courts. Any attempt at assignment without such
consent shall be null and void and of no force and effect.
P. Severability of Terms of this Agreement
The invalidity,
illegality, or unenforceability of one or more provisions in this Agreement shall
not affect any other provision in this Agreement and the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder
of the Agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between you and the Portal with respect
to your use of the Portal and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you and the Portal.
Q. Copyright
Notice
All
contents of the Portal are: Copyright 2015 by the Arizona Supreme Court, Administrative
Office of the Courts and/or its contracted Electronic Filing Service Providers.
All rights reserved.