PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and
conditions that apply to your use of KernCourtLink.com
that will be provided
to you (“Customer”) on services provided via KernCourtLink ("website") in the United States. By
completing submission, Customer agrees to
be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior
written notice at any time, in KernCourtLink.com’s sole discretion.
Other Documents. These terms and conditions may NOT be altered, supplemented, or
amended by the use of any other document(s). Any attempt to alter, supplement or
amend this document or to enter an order for product(s) which is subject to
additional or altered terms and conditions will be null and void, unless
otherwise agreed to in a written agreement signed by both Customer and CaseFax.com.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Interest. There is no fee for using this site, so services are provided 'as is'.
Risk of Loss. Customer assumes all risk of loss and system is provided "as is". Court may, at it's discretion, provide exceptions to cases of technical error or delay that are out of the control of Customer. Customer must contact the Court for this. Customer is responsible to monitor status of reservation and contact Court if a suspected error occurs.
5. Warranties, Disclaimers. KernCourtLink.com DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions,
customer agrees to be bound by the acceptance of contract terms contained
elsewhere in this site.
6. Return Policies. There are no returns since KernCourtLink.com service automatically send out the request. You must contact the Court for filing questions.
7. Services. KernCourtLink.com’s policy is one of on-going revisions and
updates. KernCourtLink.com may revise and discontinue services at
8. Limitation of Liability. KernCourtLink.com DOES NOT ACCEPT
LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
PRODUCTS FOR ANY REASON. KernCourtLink.com WILL NOT BE LIABLE FOR LOST
PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
9. Arbitration. Any claim,
dispute or controversy (whether in contract, tort, or otherwise, whether
pre-existing, present or future, and including statutory, common law,
intentional tort and equitable claims) against KernCourtLinkcom, its
agents, employees, successors, assigns or affiliates (collectively for purposes
of this paragraph, “KernCourtLink”) arising from or relating to
this Agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this Agreement (including, to the
full extent permitted by applicable law, relationships with third parties who
are not signatories to this Agreement), KernCourtLink.com’s
advertising, any related purchase, including the validity of this arbitration
clause shall be resolved exclusively and finally by binding arbitration
administered by the National Arbitration Forum (NAF) under its Code of Procedure
then in effect (available via the Internet at http://www.arb-forum.com , or via
telephone at 1-800-474-2371). The arbitration will be conducted before a single
arbitrator, and will be limited solely to the dispute or controversy between
Customer and KernCourtLink.com. The arbitration shall be held in
California at the office of KernCourtLink.com, by telephone, or online.
Any award of the arbitrator(s) shall be final and binding on each of the
parties, and may be entered as a judgment in any court of competent
jurisdiction. Information may be obtained and claims may be filed at any office
of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
10. Applicable Law;
Customer agrees to comply with all applicable laws and regulations of the
various states and of the United States.
11. Headings. The section headings used
herein are for convenience of reference only and do not form a part of these
terms and conditions, and no construction or inference shall be derived
12. Acceptance. By purchasing services from KernCourtLink.com, whether by clicking through over the internet, telephone, facsimile or
otherwise, the customer agrees to be bound by these Terms and Conditions of