My Company is pleased to provide you with the use of UCC eZFILE® through the website (“Site”). Your use of UCC eZFILE® is subject to the following supplemental Terms of Use (“Terms”) and Web Site terms. These Terms are a binding contract between you and My Company . By using or accessing UCC eZFILE®, you acknowledge, accept and agree to be bound by these Terms. Your use of UCC eZFILE® is governed by the version of the Terms in effect on the date UCC eZFILE® is accessed by you. We may revise these Terms of Use at any time. These terms are in addition to any other agreements between you and My Company , including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on UCC eZFILE®.
UCC eZFILE® is not intended to provide legal advice, and nothing on UCC eZFILE® should be construed as legal advice. However, certain tools available on UCC eZFILE® may be deemed to provide general information based upon your personalized input and your method used to interpret UCC eZFILE®. Unless otherwise specified, you alone are solely responsible for determining whether any UCC eZFILE® information or service, is appropriate based on your situation. You should consult an attorney regarding any specific legal situation.
This site and applications are either owned by My Company and/or its third party service providers. UCC eZFILE® is protected by applicable copyright laws. In addition, all trademarks and service marks on UCC eZFILE® belong to My Company , except third-party trademarks and service marks, which are the property of their respective owners and shall remain with My Company or its respective owner. You shall not commit or permit any act or omission by your agents, employees or any third party that would interfere or impair My Company 's proprietary and intellectual property rights in this site, application or UCC eZFILE®. You agree to notify My Company immediately upon obtaining any information regarding a threatened or actual infringement of any My Company rights.
You are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the UCC eZFILE®. You grant My Company and its third party service providers a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with our services. You agree not use the services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the services to share, store, or in any way distribute financial data that is not in accordance with the law. My Company is not responsible for the Content or data you submit on this Global Site.
Because all servers have limited capacity and are used by many people, do not use UCC eZFILE® in any manner that could damage or overburden any My Company server, or any network connected to any My Company server. Do not use UCC eZFILE® in any manner that would interfere with any other party's use of UCC eZFILE®. You agree that UCC eZFILE® will not be reproduced, revealed or made available to anyone else, it being understood that UCC eZFILE® is licensed for your internal use and your customer’s use only. You agree to indemnify, defend and hold My Company harmless from any claim or cause of action against My Company arising out of or relating to use of UCC eZFILE® by individuals or entities which have not been authorized by this Agreement to have access to and/or use UCC eZFILE® . Furthermore, you also agree that UCC eZFILE® shall not be used to engage in unfair or deceptive practices. As discussed above, for purposes of this Agreement, UCC eZFILE® also includes any information or content contained therein.
You agree not to access UCC eZFILE® through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by My Company . UCC eZFILE® is protected by passwords and require a login ID. You may not obtain or attempt to obtain unauthorized access to such parts of UCC eZFILE®, or to any other protected materials or information contained therein, through any means not intentionally made available by My Company or designated third party providers for your specific use.
You will choose or be assigned a User Name and Password. This information will be assigned to members of your firm who are authorized to file UCC forms. Members of your firm or your firms’ customers may gain on-line access to My Company ’s computer system by utilizing their user numbers and passwords. If a user becomes ineligible to file on your behalf by virtue of termination of employment or other reason, you will notify My Company . Upon such notification, My Company will immediately discontinue the user ID code of that individual. In order to protect you from unauthorized users, My Company may change passwords at any time upon your request.
In addition to the services offered by us through UCC eZFILE®, you may sign up for UCC monitoring services that is provided by third parties (“Third Party Services”). Third Party Services are controlled by parties other than My Company . My Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Services, or any changes or updates to such Third Party Services. My Company makes no guarantees about the content or quality of the products or services provided by such third party provider. If you have purchased the Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits. You may be required to accept additional terms for the Third Party Services.
THE SITE, APPLICATIONS, SERVICES AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, My Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
My Company MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, SERVICES OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. My Company SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
EXCEPT AS PROHIBITED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT My Company WILL NOT BE LIABLE TO YOU OR THIRD PARTY(S) FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM DATA OBTAINED FROM UCC EZFILE®, USE OR LOSS OF USE OF UCC EZFILE® THIRD PARTY SERVICES, AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY, EVEN IF My Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ALSO ACKNOWLEDGE THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT My Company , IN FURNISHING UCC EZFILE® (INFORMATION) TO YOU, DOES NOT AND WILL NOT UNDERWRITE THAT RISK, IN ANY MANNER WHATSOEVER. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF My Company , IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT My Company WILL NOT BE LIABLE TO YOU AND/OR THIRD PARTY(S) FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH CAUSE My Company DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
You acknowledge and agree that as a condition of your use of UCC eZFILE®, you agree to indemnify and hold My Company and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses including but not limited to attorneys' fees and costs) arising from your use of this site and/or UCC eZFILE®, or from your violation of these Terms.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY SERVICES THAT MAY BE ACCESSED VIA THE SITE, SUCH AS BUT NOT LIMITED TO THE UCC MONITORING SERVICES IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY My Company . YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY SERVICES MAY ALSO BE GOVERNED BY SUCH THIRD PARTY SERVICE PROVIDER'S TERMS OF USE, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. My Company EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY SERVICES OR YOUR USE THEREOF.
Unless otherwise agreed, My Company may modify UCC eZFILE® at any time, without prior notice to you, and you accept those modifications if you continue to use UCC eZFILE®.
This Agreement will be subject to and construed in accordance with the laws of the State of California and jurisdiction shall rest with applicable California courts. The parties agree and hereby irrevocably submit any suit, action or proceeding arising out of or related to this Agreement or any of the transactions contemplated by this Agreement to the jurisdiction and venue of the United States District Court for the Eastern District of California or the jurisdiction and venue of any court located in Sacramento County, California and waive any and all objections to jurisdiction and venue, unless the parties agree to mediate or arbitrate their dispute. No action arising under or in connection with these Terms, regardless of form, may be brought more than one (1) year after the cause of action accrued. The parties hereby agree to opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any state.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
You may not access, download, use or export this site, applications, or the materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
My Company assigns to you and your assigns any and all rights to ownership of data submitted by you through UCC eZFILE®. In the event that (a) My Company becomes bankrupt or otherwise insolvent, (b) discontinues business operations, or (c) this agreement is terminated by either party with written notice, My Company agrees to provide Client with all data records for its clients at the rate of $130 per hour to reproduce the information.
My Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of My Company 's current Privacy Policy can be requested. My Company ’s Privacy Policy is expressly incorporated into this Agreement by reference.
If you have any questions about this agreement, or if you wish to contact My Company for any reason, you may call (800) 952-5696 or write to:
UCC EZFILE® Support Services, 2021 Hurley Way, Sacramento, CA 95825
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