ProDoc® Subscriber Agreement for Individuals

Click here for a .pdf version

Access to and use of ProDoc eFiling Service is subject to the terms and conditions of the ProDoc Subscriber Agreement ("Agreement"), a legal document between you ("Subscriber") and West, a Thomson Reuters business ("West"). Please read the Agreement. If you agree with the terms and conditions of the Agreement and agree to be bound by them, accept the terms by clicking on "I Agree" below and continue with the software installation. If you do not agree with the terms and conditions of the Agreement, click on "I Don't Agree" and you will not be able to install the software or use the service.

1. DEFINITIONS

1. Service - Means the ProDoc eFiling service, and any related software, servers, products or services provided to Subscriber by West to assist Subscriber with electronically filing and electronically serving legal documents and in performing related tasks.
2. Individual User Account - Means the account of a single person who is a registered Subscriber.
3. Electronic Filing Manager ("EFM") - Means the manager of the electronic filing system on behalf of the specific state.
4. Effective Date - Means the date that the Agreement is accepted by Subscriber.

2. INCORPORATION OF TERMS BY REFERENCE

Additional terms and conditions related to the Service may be found in the following documents ("Additional Terms") which are posted on the ProDoc Web site (see www.ProDocEfile.com for Texas and efileflorida.prodoc.com for Florida) and are incorporated into this Agreement by reference:

• ProDoc eFiling and eService Charges Schedule
• Privacy Policy

West may amend the Additional Terms at any time by posting the amended terms on the ProDoc Web site. Except as stated below, any changes to the referenced portions of this Agreement shall be effective 24 hours after posting on the ProDoc Web site.

3. GRANT OF LICENSE

1. West grants to Subscriber a non-exclusive, non-transferable, limited license to access and use the Service subject to the terms of this Agreement in Subscriber's ordinary course of business.
2. Subscriber may not copy, download, scrape, store, publish, transmit, retransmit, disseminate, broadcast, circulate, sell, resell, reverse engineer, modify or make derivative works of any of the components of the Service. The use of spiders, Web crawlers, or other robotic activity is prohibited in connection with the Service and the ProDoc Web site(s).

4. PRODOC CHARGES

All ProDoc Charges are set forth in the ProDoc eFiling and eService Charges Schedule on the ProDoc Web site.

5. PAYMENTS

1. Subscriber authorizes ProDoc to collect payment from Subscriber for the Subscriber's ProDoc Service and eFiling transaction fees, applicable sales and/or other taxes, and any actual costs incurred by West for the Service, including, but not limited to; statutory filing fees, county eFiling convenience fees, state-specific online filing fees, and credit card fees, by CHARGING ANY CREDIT CARD THAT WEST HAS ON FILE FOR SUBSCRIBER.
2. In the event that Subscriber is delinquent to West under a subscription License Agreement for ProDoc eFiling Service, Subscriber authorizes West to charge any credit card that Subscriber has on file with West for the amount of the delinquency under such subscription License Agreement.

6. ACCEPTABLE USE

Subscriber warrants to West that Subscriber's activities in using or utilizing the Service shall not a) be false, fraudulent, inaccurate or misleading; b) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; c) violate any law, statute, ordinance, contract, applicable license, or regulation (including but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising); d) be defamatory, libelous, unlawfully threatening, unlawfully harassing, obscene or contain child pornography; e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or f) create liability for West or cause West to lose (in whole or in part) the services of its Internet Service Providers or other suppliers. Subscriber shall not use or attempt to use the Service for purposes other than legitimately filing electronic documents with a government entity intended to be the ultimate recipient of such documents or send payments and manage their account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service. Subscriber shall accept responsibility for all damages and other penalties that its actions directly or indirectly give rise to, including acknowledging that such actions, where applicable, may be reported to appropriate authorities for possible criminal prosecution.

7. ACCOUNT MAINTENANCE

Subscriber is responsible for maintaining accurate account information including an email and postal address for purposes of the Notice provisions of Paragraph 12 of this Agreement.

8. TERMINATION

1. Subscriber or West may terminate this Agreement and/or close the Individual User Account at any time, for any reason. If West terminates the Agreement and/or closes the Individual User Account, West will provide Subscriber notice at the email address that Subscriber has provided to West.
2. Upon termination and/or closure of the Individual User Account any outstanding charges for the Service shall remain due and payable as if the Individual User Account had not been closed.
3. Any continuing obligation, liability or responsibility of Subscriber will survive termination of the Agreement or account closure.

9. DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED "AS IS". THERE ARE NO WARRANTIES WITH RESPECT TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WEST DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVICE WILL MEET SUBSCRIBER'S REQUIREMENTS. WEST PROVIDES NO WARRANTIES OF NONINFRINGEMENT, NONINTERFERENCE WITH INFORMATION, OR ACCURACY OF INFORMATIONAL CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM WEST SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN AND ANY ADVICE OR INFORMATION OBTAINED BY SUBSCRIBER FROM WEST IS OBTAINED AT SUBSCRIBER'S RISK AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE OF SUCH ADVICE OR INFORMATION.

10. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES

1. West is an Electronic Filing Service Provider (EFSP). West acts as such by creating, hosting, maintaining and providing the Service to Subscriber via secure, Internet-based communications through servers owned by West or leased by West from third parties, and communications via third parties. West does not have any control over third parties, including the EFM or any government entity intended to be the ultimate recipient of any electronic documents that Subscriber may attempt to transmit via the Service. West cannot ensure that either the EFM or any government entity that Subscriber attempts to file with through the Service, will actually accept and complete Subscriber's transaction.
2. NEITHER WEST, NOR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, LICENSORS AND/OR CONTRACTORS SHALL HAVE ANY LIABILITY TO SUBSCRIBER WITH RESPECT TO THIS AGREEMENT OR OTHERWISE, INCLUDING ANY LIABILITY FOR FINES, PENALTIES, DISPUTES OVER FEES, DEPOSITS, COMMISSIONS, CHARGES FOR GOODS AND SERVICES, THIRD PARTY COSTS OF CORRECTING, PERFORMING OR RE-PERFORMING ANY WORK OR OTHER ACTIVITY, CONTRACTUAL DAMAGES, LOSS OF BUSINESS OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WEST, ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, LICENSORS AND/OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEST, OR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, LICENSORS AND/OR CONTRACTORS' LIABILITY FOR DIRECT DAMAGES EXCEED THE TRANSACTION FEES PAID FOR THE RELEVANT TRANSACTIONS GIVING RISE TO SUCH CAUSE OF ACTION. 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. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WEST, ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, LICENSORS AND/OR CONTRACTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, OUR WEBSITE, OR THE AGREEMENT UNDER ANY LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, OR TORT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SUBSCRIBER.
3. Subscriber agrees that the Service is a convenience service, and that Subscriber can make alternative arrangements to file any necessary documents in the event that the Service is unavailable or malfunctioning. Subscriber acknowledges that the timely filing of motions, briefs, and other documents 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 filing of any such documents. While West will use reasonable efforts to electronically file any documents for which transaction fees have been paid, Subscriber agrees that neither West, nor any of its affiliates, subsidiaries, suppliers, licensors, or contractors shall have any liability whatsoever associated with the filing or failure to file of any documents submitted via the Service.
4. The EFM is a direct and intended third party beneficiary of the limitation of liability under this Agreement.

11. SURVIVAL OF PROVISIONS

1. Termination or account closure as provided for in this Agreement shall not affect any right or obligation of either party that is accrued or vested prior to the termination or account closure.
2. Any provision of the Agreement relating to any such right or obligation shall be deemed to survive the termination of the Agreement or account closure.
3. Any continuing obligation, liability or responsibility of Subscriber will survive termination of the Agreement or account closure.

12. NOTICE

1. Notices shall be given to West by first class mail through the United States Postal Service addressed to: West, a Thomson Reuters business, Attn: Customer Service, 610 Opperman Drive, P.O. Box 64833, St. Paul, Minnesota 55164-1803.
2. Notices shall be given to Subscriber via first class mail through the United States Postal Service.

13. WAIVER

West's failure or delay in taking any action under this Agreement shall not indicate acquiescence or constitute a waiver of any legal rights or remedies under this Agreement.

14. CHOICE OF LAW AND VENUE

This Agreement will be governed by and construed under the law of the State of Minnesota, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts.

15. COMPLETE AGREEMENT

1. This Agreement contains the entire agreement between Subscriber and West with respect to the subject matter of this Agreement, and no oral statements or prior written matter shall be of any force or effect.
2. West may modify this Agreement at any time.

16. ASSIGNMENT

Subscriber may not assign the Agreement or any right or obligation under the Agreement.

17. SEVERABILITY

If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and the Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a part of this Agreement, and the remaining provisions shall remain in full force and effect.

18. RULES OF CONSTRUCTION

1. The headings and captions used in this Agreement are used for convenience only are not to be considered in construing or interpreting this Agreement.
2. The word "including" when used herein is not intended to be exclusive, and shall mean "including, but not limited to".
3. References herein to Paragraph shall refer to the appropriate Paragraph of this Agreement.

By clicking on "I Agree" below, Subscriber is acknowledging that Subscriber has read this Agreement in its entirety and assents to the terms of this Agreement.

I Agree        I Don't Agree