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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.