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Shipment Terms & Conditions

Every Shipment or Service, Including But Not Limited to Next Day, Same Day, Process Service and where applicable, eFiling, is Subject to Following Terms and Conditions:

In tendering this shipment for delivery and/or the performance of additional services, YOU, the Shipper, agree to these terms and conditions which no agent, servant, member or employee of NJ Lawyers Service, LLC (hereafter NJLS) may alter or modify:

a) SHIPPER AGREES THAT NJLS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, ARISING FROM THE DELIVERY, MIS-DELIVERY OR NON-DELIVERY OF THIS SHIPMENT, OR THE NON-PERFORMANCE OF ASSOCIATED SERVICES; and

b) NJLS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SHIPMENT

c) Shipper's damages for NJLS' failure to deliver or perform the requested service within the guarantees specified by the Service Guide shall be limited to a refund of the charge for such delivery or service.

d) "Service Types" set forth on the Create New Shipment Page of the Shipment Center may be subject to additional fees, surcharges, or limitations and availability as set forth in the current Service Guide in effect at the time the shipment is tendered for delivery and/or service.

e) In consideration of the rate charged, it is agreed that the value of the shipment, whether consisting of one or more items, is not greater than $150.00, unless: (i) Shipper indicates the desire to purchase EXTRA INSURANCE by selecting that option from the Create New Shipment Page of the Shipment Center and (ii) shipper pays the additional fee required for EXTRA INSURANCE. By indicating that this shipment requires EXTRA INSURANCE, the liability of NJLS will increase to a maximum of $2,500.00 for this shipment only.

f) NJLS shall not be liable for loss or damage to shipments improperly packed or labeled, or for loss or damage caused by delay in delivery and/or service.

g) NJLS shall not be liable for loss or damage to cash, stocks, bonds or other high value items, unless shipper follows the EXTRA INSURANCE procedure outlined above, in which event only will the declared value of the shipment be increased to a maximum of $2,500.00.

h) Any and all credit requests, complaints, claims or demands regarding loss or damage arising out of any delivery, mis-delivery, non-delivery, non-performance, or delay must be reported, in writing, to New Jersey Lawyers Service, LLC, P.O. Box 36, Union, NJ 07083, or via email to customerservice@njls.com, within 45 days of the delivery and/or service date which Shipper claims should have been the delivery and/or service date.

Additional Terms and Conditions pertaining to eFiling:

1. NJLS efile 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 NJLS efile 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.

2. Usage Fees are those fees imposed by NJLS for use of NJLS efile and may vary based upon a number of factors including the State, Court, Case Type, Case Class, and features being used. Subscriber is solely responsible for all Usage Fees incurred for the use of NJLS efile 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.

3. 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 NJLS efile, or accessed by Subscriber through NJLS efile in instances where NJLS has agreed to collect such fees on behalf of the Subscriber, Court or governmental entity. NJLS MAY COLLECT AND REMIT COURT FEES AS PART OF NJLS EFILE IN SOME JURISDICTIONS. HOWEVER, SUBSCRIBER IS SOLELY RESPONSIBLE FOR THE PAYMENT OF COURT FEES. NJLS MAY ALSO ASSESS AN ADMINISTRATIVE FEE FOR THE ADVANCEMENT OF COURT FEES.

4. You are solely responsible for maintaining and updating your Court ID and assigned Password used to access a Court’s efile site in accordance with applicable requirements set forth on that Court’s site, and provide same to NJLS for completion of efiling with the Court. By providing your Court ID/PWD to NJLS to perform efiling services, You grant NJLS, its employees and contractors, express authority and permission to use your CourtID/PWD to perform efile services on your behalf and for no other purpose. This authority and permission is perpetual and on-going, until canceled, in a writing via email (to info@njls.com) by You.

5. You are solely responsible for checking the NJLS eFile Website to determine if notification of Service has been provided, or that a Document it attempted to E-File has been rejected by a Court. ALTHOUGH NJLS MAY PROVIDE CERTAIN NOTIFICATIONS TO YOU ON THE STATUS OF EFILES, YOU ARE SOLELY RESPONSIBLE FOR MONITORING NJLS EFILE, INCLUDING BUT NOT LIMITED TO, EMAIL NOTIFICATIONS.

6. NJLS IS NOT RESPONSIBLE FOR CHANGES TO COURT RULES OR FOR NOTIFYING SUBSCRIBER OF SUCH CHANGES.

7. You shall notify NJLS immediately if an E-Filed Document is subsequently sealed by a Court and shall provide details in connection with such sealing which enable NJLS to determine the action which should be taken in connection with the E-Filed Document at issue, if any.

8. 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. NJLS EFILE IS SUBJECT TO LIMITATIONS, DELAYS AND PROBLEMS INHERENT WITH THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEITHER NJLS NOR ITS SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THAT NJLS EFILE WILL MEET SUBSCRIBER'S REQUIREMENTS, OR THAT NJLS EFILE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NEITHER NJLS NOR ITS SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION IN RECORDS AVAILABLE ON NJLS EFILE, 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 NJLS 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. NJLS EFILE IS PROVIDED "AS IS WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS.

9. You represent and warrant that You will not provide NJLS 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 You, other necessary parties and NJLS’s President.

10. NJLS has no control over the content of a Document transmitted on or through NJLS efile, and NJLS has no liability to You, other Users, Your clients, or other third parties for any claim based upon (a) rejection of a Document by a Court, (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. NJLS has no liability to You, other Users, Your clients, customers, or other third parties based upon incorrect transmission or delivery instructions by you or other users of NJLS efile, 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.

11. NEITHER NJLS NOR ITS SUPPLIERS, LICENSORS OR CONTRACTORS WILL BE RESPONSIBLE FOR, AND YOU WILL NOT SEEK TO HOLD NJLS OR ANY SUCH PARTY RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILTY OR DAMAGE OF ANY KIND RESULTING FROM: (a) any errors in or omissions from NJLS efile; (b) any delays or delivery problems resulting from use of NJLS efile; (c) the unavailability or interruption of NJLS efile or any of its features; (d) your use of NJLS efile (regardless of whether you received assistance, information or advice from the Site or any NJLS 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 NJLS efile (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 NJLS efile, except in the case of willful or reckless acts on the part of NJLS.

12. IN NO EVENT WILL NJLS 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. YOUR EXCLUSIVE REMEDY, AND THE MAXIMUM LIABILITY OF NJLS 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 THE USAGE FEE YOU ACTUALLY PAID TO NJLS FOR THE PARTICULAR TRANSACTIONAL USE OF NJLS EFILE 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.


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