eFileTexas.gov/re:SearchTX Usage Agreement
Welcome to eFileTexas.gov, the electronic filing program of
the Texas Judicial Branch, and to re:SearchTX, the statewide electronic access
to court records program. Please read this Agreement carefully. It governs Your
access to and use of eFileTexas.gov and re:SearchTX. Your use of eFileTexas.gov and re:SearchTX is
conditioned upon Your acceptance of this Agreement. By clicking on the "I
Accept" button or similar button, You are agreeing to be legally bound by
all of the terms and conditions of this Agreement. As used in this Agreement,
"You" or "Your" includes You and Your employer and Users.
Sections:
1. Definitions
2. License; Restrictions on Use
3. Access to the eFileTexas.gov Internet Site
4. Limitations on Use
5. Representations and Warranties
6. Fees
7. Proprietary Rights
8. Disclaimers and Limitations
9. Your Warranties and Indemnification
10. Limitations of Liability
11. Arbitration
12. Miscellaneous
Section 1.
Definitions
The following terms have the following meanings in this
Agreement:
" User" means You and, if applicable, any of Your
employees, agents, independent contractors, consultants or others who agree to
be bound by the terms and conditions of this Agreement and who are authorized
or otherwise designated or permitted by You to access and use eFileTexas.gov
and re:SearchTX pursuant to the License.
“eFileTexas.gov” means the electronic filing system designed
to receive, transfer, maintain, and provide access to documents for the benefit
of Users.
"Enhancement" means any correction, modification,
customization, revision, enhancement, improvement, update, upgrade, new release
or other change that is released generally by Tyler for eFileTexas.gov or
re:SearchTX.
“Fees” mean statutory filing fees and other court fees,
credit card fees and fees for services that may be made available to You and
Your Users pursuant to the State of Texas Electronic Filing Agreement.
"Information" means the records, data, databases,
documents, materials, and other information accessible through eFileTexas.gov or
re:SearchTX.
"License" means the limited license granted to You
under this Agreement.
"Proprietary Rights" means any patent, copyright,
trademark, service mark, trade secret or other intellectual property right.
“re:SearchTX” means the statewide electronic access to court
records program.
“State of Texas
Electronic Filing Agreement” means the Electronic Filing Agreement
between Tyler Technologies, Inc. and the Office of Court Administration
executed on November 8, 2012, as amended from time to time.
"Third Party Content" means any content, records,
data, documents, materials, or other information supplied to Tyler pursuant to
an agreement with a third party for inclusion as part of, or for use with, eFileTexas.gov
or re:SearchTX.
"Tyler" means Tyler Technologies, Inc. and its
operating units and divisions.
"eFileTexas.gov Internet Site" means the Web sites
(and all Enhancements thereto) located at https://efile.txcourts.gov, https://research.txcourts.gov,
and http://www.efiletexas.gov.
"Tyler Technology" means any know-how, processes,
methodologies, specifications, designs, inventions, functionality, graphics,
techniques, methods, applications, computer programs, user manuals, on-line
documentation, products or other technology and materials of any kind, or any
Enhancement thereto, used by Tyler in connection with the performance of eFileTexas.gov
and re:SearchTX, or made available by Tyler to You, any User or any third party
through the eFileTexas.gov Internet Site.
"Unauthorized Use" means any use, reproduction,
distribution, disposition, possession, disclosure or other activity, including,
without limitation, any bulk reselling involving any aspect of eFileTexas.gov
or re:SearchTX, the eFileTexas.gov Internet Site or Information that is not
expressly authorized under this Agreement or otherwise in writing by
Tyler.
"User Identification" means the unique user
identification name and password issued or otherwise assigned to each User for
access to and use of eFileTexas.gov.
Section 2. License; Restrictions on Use
2.1 License. Subject to the restrictions and limitations set
forth in this Section 2 and elsewhere in this Agreement, Tyler hereby grants to
You and Your Users a nonexclusive, nontransferable, limited license to do the
following during the term of this License: (a) enable You and Your Users to
access and use eFileTexas.gov and re:SearchTX subject and according to the
terms of this Agreement solely for Your and Your Users’ internal use in the
regular course of Your and Your Users’ business; (b) subject to any applicable
third party rights or restrictions of law, reproduce the Information for use in
connection with the rights granted under (a) above and provide the Information
to Your and Your Users’ customers and clients and third parties in the regular
course of Your and Your Users’ business, provided that such Information is
provided as an incidental part of, and ancillary to, the other services You and
Your Users provide Your and Your Users’ clients or customers, or the regular
course of Your and Your Users’ business.
2.2 General Restrictions and Limitations. Paragraph 2.1 sets
forth the entirety of Your and Your Users’ right to access and use eFileTexas.gov
and re:SearchTX. The License does not include the right to, and You and Your
Users will not directly or indirectly (a) enable any person or entity other
than Users to access and use eFileTexas.gov or re:SearchTX; (b) modify or
create any derivative work based upon any Tyler Technology product; without
prior permission, Information in which anyone else may have an ownership or
protected interest; or Third Party Content; (c) except as necessary to conduct
Your and Your Users’ regular course of business, engage in, permit or suffer to
continue any bulk copying or bulk distribution of the Information or store the
Information in a searchable database accessible to third parties, excluding You
and Your and Your Users’ clients and agents; (d) grant any sublicense or other
rights under the License; (e) reverse engineer, disassemble or decompile all or
any portion of, or attempt to discover or recreate the source code for, any
software that is part of the Tyler Technology; (f) remove, obscure or alter any
Proprietary Rights notice related to the eFileTexas.gov Internet Site, eFileTexas.gov,
re:SearchTX, the Tyler Technology or any Third Party Content; or (g) engage in,
permit or suffer to continue any Unauthorized Use by any person or entity
within Your control. You will ensure, through proper instructions and
enforcement actions, that all access to and use of eFileTexas.gov and the
Information obtained by You and Your Users, or otherwise through Your
facilities, equipment, identifiers or passwords, will conform to this Agreement
and will be made and used solely for proper and legal purposes, and will be
conducted in a manner that does not violate any law or regulation, the rights
of any third party, court orders or Tyler's policies.
2.4 No Attorney-Client Relationship. eFileTexas.gov and re:SearchTX do not
constitute or contain legal advice. Use
of eFileTexas.gov or re:SearchTX may require the application of professional
expertise and judgment, for which You should consult a competent attorney
licensed to practice in the appropriate jurisdiction.
2.5 Third Party Content, Software and Services. The License
as it relates to any Third Party Content, software or services is further
subject to any restrictions and limitations specified in the terms and
conditions displayed with or referenced in any such Third Party Content,
software or services. Tyler's agreements with such third parties may require
Tyler to deny or otherwise restrict Your or Your Users access to certain Third
Party Content, software or services available through eFileTexas.gov. You will
comply with all such restrictions upon reasonable notice. IN THE EVENT OF ANY
CONFLICT BETWEEN THIS AGREEMENT AND THE TERMS AND CONDITIONS IMPOSED BY THIRD
PARTIES, THE THIRD PARTY TERMS AND CONDITIONS WILL APPLY.
Section 3. Access to the eFileTexas.gov Internet Site
3.1 Equipment, Services and Facilities. You are solely
responsible for providing, installing and maintaining at Your own expense all
equipment, facilities and services necessary for You and Your Users to access
and use eFileTexas.gov and re:SearchTX, including, without limitation, all
computer hardware and software, modems, printers, telephone service and
Internet access.
3.2 Password. Each User will be issued or otherwise assigned
User Identification to access and use eFileTexas.gov and re:SearchTX. You acknowledge that You are fully responsible
for all liabilities incurred through the use of Your User Identification and
that any transaction under Your User Identification will be deemed to have been
performed by You. If you have
authorized, permitted or otherwise designated employees, agents, independent
contractors, consultants or others to access and use eFileTexas.gov or
re:SearchTX, You are solely responsible for tracking the User Identifications
to specific Users and for ensuring the security and confidentiality of all User
Identifications. You will immediately notify Tyler of any unauthorized use of
any User Identification or any other breach of security known to You. Use of
any User Identification other than as provided in this Agreement will be
considered a breach of this Agreement by You.
3.3 Hours of Operation; Scope of eFileTexas.gov
and re:SearchTX. Tyler reserves the right at any time and without prior
notice to You or Your Users to change eFileTexas.gov's and re:SearchTX’s hours
of operation or to limit Your and Your Users’ access to eFileTexas.gov or
re:SearchTX in order to perform repairs, make modifications or as a result of circumstances
beyond Tyler's reasonable control. Tyler may add or withdraw products or
services to or from eFileTexas.gov or re:SearchTX from time to time. You
acknowledge that Tyler has no obligation to maintain or provide any
Enhancements to eFileTexas.gov or re:SearchTX.
3.4 Privacy Statement. Tyler believes strongly in protecting
user privacy and providing You with notice of Tyler's collection and use of
data, including personal identifying information, collected on the eFileTexas.gov
Internet Site. Please refer to the Tyler Privacy Statement for information
regarding how Tyler uses and collects information, available at: http://www.tylertech.com/privacy.
Section 4. Limitations on Use
4.1 Individual Access. Only one individual may log-in to the
eFileTexas.gov Internet Site at the same time using the User Identification
assigned, unless we permit otherwise.
4.2 Intellectual Property. The Tyler Technology intellectual
property used in connection with eFileTexas.gov and re:SearchTX is the property
of Tyler and is protected by applicable intellectual property laws.
Section 5. Representations and Warranties.
5.1
Security. Tyler shall implement
administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality and integrity of the data or
documents submitted by You and Your Users through the eFileTexas.gov system,
and the computing, processing and storage devices used to process, maintain,
store, and transmit Information. At a minimum, Tyler shall remain compliant
with PCI security standards, and shall additionally obtain SSAE16 Type II
certification and thereafter remain compliant with the same or equivalent. Tyler
shall not use data or documents submitted through the eFileTexas.gov system for
any purpose other than performance of this Agreement and the State of Texas
Electronic Filing Agreement, and
will not disclose, disseminate, transmit, publish, distribute, make available,
or otherwise convey any such information to any third party without the court's
consent, except as may be required by law, regulation, judicial or
administrative process or as may be required pursuant to the State of Texas Electronic
Filing Agreement.
5.2 You agree that, except as specifically set for herein,
Your access to and use of eFileTexas.gov, re:SearchTX, and the content
available through eFileTexas.gov and re:SearchTX is on an "as-is"
basis, and Tyler does not make any representations or warranties, express or implied,
including, without limitation, any representations or warranties of
merchantability or fitness for a particular purpose.
Section 6. Fees
6.1 Fees. You are ultimately and fully responsible for
payment of all Fees, charges and other amounts, whether or not You and Your
Users are incurring such fees, charges or other amounts on Your own account or
on behalf of Your and Your Users’ clients. All amounts payable under this Agreement are
denominated in United States Dollars and You will pay all such amounts in
lawful currency of the United States.
6.2 Payment Terms. Unless You and Tyler separately agree to
different payment terms, You will pay for statutory filing and court fees and
fees related to the use of re:SearchTX by credit card. When You register for eFileTexas.gov
or re:SearchTX, You will be prompted to enter Your credit card information.
Tyler accepts Visa, MasterCard and the Discover Card.
6.3 Suspension of Services. If You fail to pay any amount
under this Agreement when due, in addition to any other remedies available at
law or in equity, Tyler will have the right, in its sole discretion, to
immediately suspend the License and You and Your Users' access to and use of
the Tyler Services. Your access to and
use of Your electronic service provider’s services are governed by Your
agreement with them and may be subject to suspension and termination as well.
Section 7. Proprietary Rights
7.1 Ownership. The eFileTexas.gov Internet Site and the
Tyler Technology that constitutes eFileTexas.gov and re:SearchTX involve
valuable Proprietary Rights of Tyler. You acknowledge that You obtain only
license rights under this Agreement. No title to or ownership of eFileTexas.gov, re:SearchTX, the eFileTexas.gov
Internet Site and the Tyler Technology, or any Proprietary Rights associated
therewith is transferred to You, any User or any third party under this
Agreement.
7.2 Protection of Proprietary Rights. You will not infringe
or violate, and will take appropriate steps and precautions for the protection
of Tyler's Proprietary Rights. Without limiting the generality of the
foregoing, You will (a) maintain access and use restrictions sufficient to
prevent any Unauthorized Use; (b) except as provided by this Agreement, not
make eFileTexas.gov, re:SearchTX
, the eFileTexas.gov Internet Site, the Tyler Technology or Third Party Content
available to any third party without the prior written consent of Tyler; and
(c) otherwise use Your best efforts to prevent any Unauthorized Use. You will
immediately notify Tyler of any Unauthorized Use that comes to Your attention
and cooperate with Tyler to investigate and prevent the same. In the event of
any Unauthorized Use relating to Your activities, any User or any of Your
representatives, You will take all steps reasonably necessary to terminate such
Unauthorized Use.
7.3 Infringer Policy. Tyler respects the intellectual
property of others, and expects its users to do the same. Tyler may, in
appropriate circumstances and at its own discretion, limit access to the eFileTexas.gov
Internet Site and/or terminate your account if You or any of Your Users
infringe the intellectual property rights of others. Any person who believes
that any Information available through the eFileTexas.gov Internet Site
infringes upon any copyright owned or controlled by such person, or that any
link on the eFileTexas.gov Internet Site directs users to another Web site that
contains such infringing material may file a notification of such infringement
with our Designated Agent. Please see the Copyright Policy and Notice and
Procedure for Notifying Designated Agent of Claims of Copyright Infringement,
located at: http://www.tylertech.com/terms.
Section 8. Disclaimers and Limitations
8.1 Assumption of Risk; Responsibility to Verify. You
acknowledge that Tyler does not verify the completeness, propriety, timeliness
or accuracy of any Information or Third Party Content available through the eFileTexas.gov
Internet Site. Tyler does not control the contents of any Information and except
as provided in section 5.1, supra, will not be responsible for any claimed loss
of privilege or other claimed injury due to disclosure of sealed, confidential
or privileged information. Tyler may provide from time to time links from the eFileTexas.gov
Internet Site to other Web sites that are not controlled by Tyler and are not
related to eFileTexas.gov or re:SearchTX.
Tyler is providing these links only as a convenience, and no such link implies
an affiliation, endorsement, or adoption by Tyler of the linked Web site or any
Information, services or products obtained through such links. You acknowledge
that by providing the Information, eFileTexas.gov
and re:SearchTX, Tyler does not underwrite or assume any of the risks of
Your business or activities. IT IS YOUR RESPONSIBILITY TO VERIFY THE
INFORMATION AND THIRD PARTY CONTENT OBTAINED THROUGH THE EFILETEXAS.GOV INTERNET
SITE WITH THE OFFICIAL INFORMATION REPOSING AT THE COURT OF RECORD OR OTHER
DATA SOURCE.
8.2 DISCLAIMER. THE LICENSE, EFILETEXAS.GOV, RE:SEARCHTX, THE EFILETEXAS.GOV INTERNET SITE,
TYLER TECHNOLOGY, INFORMATION AND ALL SOFTWARE, SERVICES AND OTHER ITEMS
PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED EXCEPT AS PROVIDED IN SECTION 5.1, SUPRA.
TYLER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OWNERS, SUPPLIERS AND THE
PROVIDERS OF THIRD PARTY CONTENT, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY ERROR, DEFECT, DEFICIENCY,
INFRINGEMENT OR NONCOMPLIANCE IN EFILETEXAS.GOV, RE:SEARCHTX, THE EFILETEXAS.GOV
INTERNET SITE, TYLER TECHNOLOGY, INFORMATION OR ANY SOFTWARE, SERVICES OR OTHER
ITEMS PROVIDED BY, THROUGH OR ON BEHALF OF TYLER UNDER THIS AGREEMENT
(INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY
ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE).
8.3 Third Party Content, Software and Services. Except as
otherwise agreed upon by the parties in writing, the warranties, obligations
and liabilities of Tyler and Your and Your Users’ remedies with respect to any
Third Party Content, software or services will be limited to whatever recourse
may be available against the third party provider of such Third Party Content,
software or services and ARE SUBJECT TO ALL RESTRICTIONS AND OTHER LIMITATIONS
AS MAY BE DISPLAYED IN OR REFERENCED BY SUCH THIRD PARTY CONTENT, SOFTWARE OR
SERVICES.
Section 9. Your Warranties and Indemnification
9.1 Warranty. In addition to any warranties set forth
elsewhere in this Agreement, You warrant to Tyler that the performance of Your
obligations and Your and Your Users' access to and use of eFileTexas.gov and re:SearchTX will
not violate any third party rights or any applicable laws, rules or
regulations.
9.2 Indemnification. To the extent permitted by Texas law, except
for damages resulting from Tyler’s breach of section 5.1, supra, you will
defend, indemnify and hold harmless Tyler, and its directors, officers,
employees, owners and agents from and against any and all claims, costs,
losses, damages, judgments and expenses (including reasonable attorneys' fees)
arising out of or in connection with (a) any claim alleging any breach of any
of the foregoing warranties or any other provision of this Agreement; (b) any
damage arising from causes beyond the control or without the fault or
negligence of Tyler; (c) any use by You or Your Users, customers or clients of
the Information, Third Party Content, or any other software, services or other
items provided under this Agreement.
Section 10. Limitations of Liability
10.1 Force Majeure. Neither party will be liable for, or be
considered to be in breach of or default, under this Agreement on account of,
any delay or failure to perform as required by this Agreement as a result of
any cause or condition beyond such party's reasonable control (including,
without limitation, any act or failure to act by the other party).
10.2 No Consequential Damages. NEITHER TYLER NOR ITS
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILLIATES OWNERS, SUPPLIERS AND THE
PROVIDERS OF THIRD PARTY CONTENT WILL BE LIABLE TO YOU OR ANY OF YOUR USERS,
CUSTOMERS OR CLIENTS FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT,
REVENUE, DATA, BUSINESS OR USE) WHETHER OR NOT CHARACTERIZED BY IN NEGLIGENCE,
TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF TYLER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL
PURPOSE OF A LIMITED REMEDY, ARISING FROM OR RELATED TO ANY PROVISION OF THIS
AGREEMENT, THE LICENSE, EFILETEXAS.GOV, RE:SEARCHTX, THE EFILETEXAS.GOV
INTERNET SITE, THE TYLER TECHNOLOGY, INFORMATION OR ANY SOFTWARE, SERVICES OR
OTHER ITEMS PROVIDED IN CONNECTION THEREWITH, OR THE FAILURE OF TYLER TO
PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE BY TYLER.
10.3 Limitation of Liability. EXCEPT FOR DAMAGES RESULTING
FROM TYLER’S BREACH OF SECTION 5.1, IN NO EVENT WILL THE AGGREGATE LIABILITY OF
TYLER WITH REGARD TO THE LICENSE, EFILETEXAS.GOV, RE:SEARCHTX,
INFORMATION AND ANY OTHER ITEMS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED
UNDER THIS AGREEMENT EXCEED THE COMPENSATION PAID BY YOU TO TYLER UNDER THIS
AGREEMENT IN THE THREE (3) MONTHS PRECEDING THE ACCRUAL OF SUCH CLAIM.
Section 11. Mediation
Unless prohibited by applicable law, any controversy or
claim arising out of or relating to this Agreement, which is not settled by
reasonable negotiations between the parties, will attempt to settle the same by
mediation. The mediation will be conducted by a single mediator and agreed
rules if all parties can agree upon such mediator and rules, and if such
agreement cannot be reached between the parties, the mediation will be mediated
by a single mediator. The cost of mediation
will be borne equally by the parties. Notwithstanding the foregoing, either
party may, on good cause shown, seek a temporary restraining order and/or a
preliminary injunction from a court of competent jurisdiction, to be effective
pending the institution of the mediation process.
Section 12. Miscellaneous
12.1 Modifications. This Agreement may be amended by Tyler,
with the approval of the Office of Court Administration, from time to time by
Tyler posting on the eFileTexas.gov website a new click-thru license; in
addition to posting a new click-thru license, Tyler may post on the eFileTexas.gov
Internet Site the amended Agreement or other notice of the amendments. Latest
revision dates are indicated at the top of the document. Continued use of the eFileTexas.gov
Internet Site following the fifteenth day after such posting will constitute
acceptance of the change. If You do not accept the amended terms, You must
cease using eFileTexas.gov and re:SearchTX.
12.2 Assignment. This Agreement, and the License granted
hereunder, may not be assigned by You to any third party. Subject to the
foregoing, this Agreement will bind and benefit the parties and their
respective successors and assigns.
12.3 Nonwaiver. Waiver of any breach of any term or
condition of this Agreement will not be deemed a waiver of any prior or
subsequent breach.
12.4 Termination. Notwithstanding any of these terms and
conditions, Tyler reserves the right, without notice, to terminate Your
License, and to block or prevent future access to and use of the
efile.txcourt.gov state-provided portal and re:SearchTX, by You or Your Users in
the event of any breach of this Agreement or in the event Tyler discontinues
providing the eFileTexas.gov or re:SearchTX services generally. Unless such
termination is at Your request or is due to Your breach, Tyler will refund any
fees prepaid by You with respect to periods following the effectiveness of such
termination. Upon notice of termination, You and Your Users will immediately
discontinue use of eFileTexas.gov and re:SearchTX.
12.5 Severability. This Agreement will be enforced to the
fullest extent permitted by applicable law. If any provision of this Agreement
is held to be invalid or unenforceable to any extent, then (a) such provision
will be interpreted, construed and reformed to the extent reasonably required
to render the same valid, enforceable and consistent with the original intent
underlying such provision and (b) such invalidity or unenforceability will not
affect any other provision of this Agreement.
12.6 Questions and Contact Information. General questions or
comments about the eFileTexas.gov Internet Site, eFileTexas.gov or re:SearchTX may
be directed to eFileTexas.gov’s Customer Service by e-mail at support@eFileTexas.gov
or by postal mail at Tyler Technologies, Inc., 5101 Tennyson Pkwy, Plano, TX
75024.
12.7 Applicable Law; Jurisdiction and Venue. This Agreement
will be interpreted, construed and enforced in all respects in accordance with
the laws of the State of Texas, U.S.A., without reference to its choice of law
principles to the contrary. The 1980 UN Convention on Contracts for the
International Sale of Goods or its successor will not apply to this
Agreement.
12.8 Entire Agreement. This Agreement constitutes the entire
agreement of the parties with respect to the subject matter of this Agreement,
and this Agreement replaces and supersedes any prior verbal understandings,
written communications or representations on the subject matter hereof.