Disclaimer of Warranties and Limitation of Liability
You agree that your use of the Fast Track Legal services and information on the web site is at your own and sole risk. All services are provided on an as is and as available basis. Fast Track Legal disclaims all warranties and duties of any kind, express, implied or statutory, including, but not limited to, any implied warranties of merchantability or fitness for a specific purpose, non-infringement or title, duties of workman-like effort, or lack of negligence. Fast Track Legal assumes no responsibility for errors or omissions on its website and is not responsible in any way for the functionality, specifications, or any other aspect of the items posted. Fast Track Legal does not guarantee continuous, uninterrupted or secure access to FastTrackLegal.com or FastTrackLegal.com services or that defect in its website will be corrected. You are responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your system and/or accuracy of data, and for maintaining a means of reconstruction of lost data. Without limiting the above, you agree that Fast Track Legal and its parent corporations, subsidiaries, partners, employees, agents, affiliates, subcontractors, and/or consultants do not make any warranties or undertake any duties regarding, without limitation, the following: (i) Infringement of title; (ii) Functionality, including functionality of search or retrieval software; (iii) Accuracy, completeness, or completion of forms; (iv) Receipt of DOCUMENTS by local governments; (v) Appropriateness or propriety of DOCUMENTS pulled for a particular job; (vi) Approval of DOCUMENTS by local governments; (vii) Timeliness of services; (viii) Uninterrupted, secure, error or virus-free service or storage; and (ix) Adequacy of fees paid to local governments.
You agree that your sole remedy for any breach of this Agreement by Fast Track Legal or any of its parent corporations, subsidiaries, partners, employees, agents, contractors, or consultants shall, at the option and sole discretion of Fast Track Legal, be the following: (i) correction of any Service causing you damage; or (ii) refund of the amount you paid for the Service that caused damages incurred by you in reasonable reliance on the Service. You also agree that the damage exclusions and this limitation of liability shall apply even if any remedy of its essential purpose fails.
No Incidental or Consequential Damages
To the fullest extent allowed by applicable law, you agree that neither Fast Track Legal nor any of its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors or consultants will be liable to you, your heirs or assigns, and/or any other person or entity for general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not Fast Track Legal has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of the Fast Track Legal website or Services.
You agree to indemnify, defend, protect and hold harmless Fast Track Legal, its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors, and consultants and their respective directors, officers, employees and agents from and against all losses, claims, and expenses (including attorneys’ fees and costs, incurred by Fast Track Legal with or without suit and whether incurred on appeal or in bankruptcy) arising out of or relating to (i) your breach of any terms of this Agreement, (ii) the determination by a jurisdiction that you have improperly utilized the Services of Fast Track Legal to violate the laws and regulations of the jurisdiction, (iii) your use of the Fast Track Legal Services or your failure to pay all sums due Fast Track Legal or any local government; and (iv) your supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information as well as any action taken by you as a direct or indirect result of the information displayed on the Fast Track Legal web site.
Termination or Cancellation
Fast Track Legal reserves the right to terminate your use of the Fast Track Legal website and services, without notice, for any reason or no reason at all. If your use of the Fast Track Legal web site and Services is terminated or cancelled, you agree that neither you nor any other party will hold Fast Track Legal , its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors, and consultants, liable for any general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not Fast Track Legal has been advised of the possibility of such damages, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise.
Intellectual Property Rights
You agree that except as expressly provided that the content and website are protected by intellectual property laws. Fast Track Legal reserves the right to suspend or discontinue all services for any person or customer that appears are infringing on the property rights of Fast Track Legal or any of its subsidiaries.
Comments and Suggestions
You agree that any comments or suggestions that you provide to Fast Track Legal regarding the Fast Track Legal Services, including, without limitation, feedback, suggestions or ideas in response to any customer survey shall be deemed, and shall remain, the property of Fast Track Legal. None of the Comments shall be subject to any obligation of confidence on the part of Fast Track Legal and Fast Track Legal shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, Fast Track Legal shall exclusively own all rights to the Comments of every kind and nature and shall be entitled to unrestricted use of the Comments for any purpose, commercial or otherwise, without compensation to the provider of the Comments.
This Agreement shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Fast Track Legal agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona.
Fast Track Legal shall not be responsible for interruptions, delays or failure in performance resulting from causes beyond its reasonable control. Such acts shall include but not limited to acts of God, war, riot, acts of terrorism, labor stoppages, governmental actions, fires, floods, and earthquakes.
Third Party Rights
The provisions in this Agreement are for the sole benefit of you and Fast Track Legal and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.
Neither this Agreement nor any part or portion may be assigned or otherwise transferred by the customer without Fast Track Legal’s prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of the right of such party to assert or rely upon such provision or right in that or any other instance.
Effect of Agreement
This Agreement (which includes all current Amendments, your Open Account form, Application for Credit, the disclosures provided by Fast Track Legal and the consents provided by you on the Due Process website, embodies the entire agreement between you and Fast Track Legal. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in that provision and the allocation of risks set forth in this Agreement, and agree that the remaining provisions of this Agreement shall remain in full force and effect.
You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement by using the Services of Fast Track Legal, Acknowledgement & Procedures. You agree to comply with all cities, county, state and federal laws and ordinances relating to the Fast Track Legal services.