LIABILITY OF GREEN FILING AND/OR ANY OF ITS REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, ATTORNEYS, CONTRACTORS, PRINCIPALS, AFFILIATES, MANAGERS, MEMBERS SHALL NOT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE AMOUNT OF FEES (IF ANY) PAID FOR USING THE SERVICE UNDER THIS AGREEMENT.
(i) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. GREEN FILING PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GREEN FILING AND EACH BRANDED PORTAL COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(ii) NEITHER GREEN FILING NOR ANY BRANDED PORTAL COMPANY WARRANTS, AND IN FACT GREEN FILING AND EACH BRANDED PORTAL COMPANY EXPRESSLY DISCLAIMS, THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, (3) ANY ERRORS ON THE GREEN FILING WEB SITE OR SERVICE WILL BE CORRECTED; AND (4) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA THE SERVICE WILL REMAIN ACCESSIBLE.
(iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREEN FILING OR ANY BRANDED PORTAL COMPANY, OR THROUGH OR FROM THE GREEN FILING SITE AND PORTALS OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
(v) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Green Filing retains all right, title and interest to the words “Green Filing”. You agree not to display or use Green Filing marks in any manner without Green Filing’s prior permission, which may be withheld in our sole discretion.
Customer is solely responsible for uploading and submitting documents to the Green Filing Site and Portals in accordance with requirements set forth therein for filing in the Virginia State Court in a timely fashion, for confirming the Filing Receipt and for checking the Account Email Address and Green Filing Site and Portals for rejected Filings, other documents or notifications, and for refiling and confirming the Filing Receipt of any previously rejected Filings before the expiration of all applicable filing deadlines.
You acknowledge that failure to have your Filing filed and accepted by the applicable Court in a timely manner may affect valuable legal rights, including your ability to bring your case under the statute of limitations. Use of this Green Filing Site and Portals does not alter or extend any statutory deadlines. Failure to meet any statutory deadlines will not be excused even if the failure to meet the deadline is caused by Green Filing’s error or any technical or electronic malfunction relating to the use of this Green Filing Site and Portals.
You understand that the service fees paid by you in order to use of the Service is not refundable for any reason, even if a Court rejects your Filing.
We reserve the right to terminate your use of and access to the Service and the Green Filing Site and Portals under certain circumstances and without prior notice. Cause for such termination shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines set forth in the Green Filing Site and Portals, (b) request by law enforcement or other government agencies, (c) discontinuance of the Service or content modifications to the Green Filing Site and Portals, (d) technical problems or errors, and (e) extended periods of inactivity.
We further reserve the right to modify or discontinue any Service provided on the Green Filing Site and Portals and any conditions of use with or without notice. This may occur periodically for maintenance and may include temporary or permanent changes.
YOU SPECIFICALLY UNDERSTAND THAT THE SERVICE DESCRIBED ABOVE DOES NOT INCLUDE SERVICE OF PROCESS AS SUCH SERVICE MAY BE REQUIRED BY APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE FOR PROPERLY SERVING ALL PARTIES WITH ANY FILING IN ACCORDANCE WITH APPLICABLE LAW.