Wyoming User Agreement

Efiling in the Wyoming district and chancery courts is made available through an electronic filing solution called eFile Wyoming.eFile Wyoming is operated by the Wyoming Supreme Court (Supreme Court) and its contracted electronic filing manager and service provider, File & ServeXpress, LLC (FSX), through the File & Serve System (FSX System).The FSX System is a software as a service (Saas) system.Your use of eFile Wyoming and the FSX System (together the Portal), signifies your unconditional agreement to all the terms and conditions of this Wyoming User Agreement (Agreement). The parties to this Agreement are you (User, You or Your) FSX and the Supreme Court.

1.    FSX License to use File & Serve System

(a)      FSX grants to User a non-exclusive, non-transferable, limited, terminable license to use the FSX System, subject to the terms and conditions set forth in this Agreement, any additional terms and conditions set forth in court rules and any applicable state and federal laws.

(b)      The information accessible through the FSX System shall be for User’s own business or internal use in the ordinary course of business.While User may share the results of individual record and document searches with clients or customers, User shall not provide any third party (including its clients or customers) any right of access to the FSX System, repackage any records or data in any bulk form or otherwise for distribution, or provide any on-going services to third parties through or using the FSX System, whether as a service bureau or otherwise.

2.    User Responsibilities

(a)      Failure to have Your documents and information (case documents) delivered to and accepted by a court or clerk and/or the recipients of Your electronic service (eService) in a timely manner may affect valuable legal rights, including Your ability to bring Your case within the statute of limitations applicable to Your claim.  Use of eFile Wyoming and the FSX System does not alter or extend any statutory deadlines.

(b)      The Supreme Court and FSX are not responsible for any delays or non-delivery of case documents filed or attempted to be filed with a court due to technical difficulties or for any other cause.  All risk in connection with filing Your case documents within the applicable deadline set by a judge, rule, or statute of limitations period shall be borne by You.

(c)       You are responsible for knowledge of and compliance with all court rules, statutes and Supreme Court policies, including rules and statutes relating to redaction and confidentiality of case documents.The Supreme Court, FSX and the district and chancery courts do not review case documents for compliance.

(d)      Filing Your case documents through the Portal does not ensure the clerk or court will accept Your case documents.   

(e)      By submitting case documents through the Portal, You acknowledge that the case documents You are submitting are considered signed, and, if required, signed under penalty of perjury.

(f)        You assume all risk associated with use of the Portal, including but not limited to publication of confidential information, identity theft and fraudulent credit card charges.

(g)      You acknowledge that you may be served or receive court orders through the FSX System.Any emails generated through the FSX System in connection with such service or orders are for convenience only, and it is your responsibility to monitor Your account for any applicable service or orders.Failure to so monitor may lead to Your inadvertent waiver of material rights or other adverse effects.

(h)      You are solely responsible for:

                    (i)        Redacting case documents.

                   (ii)        Selecting the appropriate level of confidentiality or protection of case documents.

                  (iii)        Your software and equipment, including computer and communications devices; ensuring Your software and hardware are suitable for connecting to the Portal, including having the minimum system and software required to use the Portal (which information is located on the Portal);

                  (iv)        Your access to the Internet, connectivity to the Portal, relationship with you Internet service provider, and any telephone or other connection and service fees associated with such access.

                   (v)        Training and monitoring Your staff who are Users.

                  (vi)        Charges incurred by You and/or Your staff, including court fees and costs for optional services.

                (vii)        Maintaining the security and confidentiality of Your passwords.

               (viii)        Promptly notifying FSX and the Supreme Court if Your password is lost, stolen, no longer valid, has been misused, or is compromised in any manner.

                  (ix)        Maintaining and updating Your passwords using the requirements set forth on the Portal.

                   (x)        The continuing accuracy of any and all information provided to FSX and notifying FSX of any change in contact information including, but not limited to, the change of address, legal name, email address, withdrawal of one or more Users from an organization, or any other material information that is part of User’s contact information.

                  (xi)        Checking the Portal to determine if notification of service has been provided, that a case document has been filed, or that a case document that a User attempted to eFile has been rejected by a court.

                (xii)        Taking such action as may be necessary to permit the email notifications to arrive safely in Your email mailbox.  If Your software requires registration of email senders prior to their acceptance into Your email mailbox, You will need to add the Portal email address.

               (xiii)        Taking reasonable precautions against the contamination of Your electronic systems and computer files with software viruses, worms or other malicious agents that may reside within messages, files and case documents sent through the Portal. Additionally, You shall use reasonable efforts to identify and to correct or remove any case documents that may have infected data or contain viruses or other malicious agents.

3.    Limits on Use of the Portal

The Portal is not intended as a substitute for a lawyer.  To the extent that You require legal advice, You must consult an attorney.  You agree to access and use the Portal only for lawful purposes.By using the Portal, You agree You will not use the Portal to:

(a)        Commit a criminal offense, or to encourage others to engage in any conduct that would constitute a criminal offense or give rise to civil liability.

(b)        Post or transmit any rude, offensive, discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful or inappropriate content.

(c)         Impersonate other parties or entities.

(d)        Upload any content that contains a software virus, "Trojan Horse", or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of eFile Wyoming or the FSX System or the hardware or software of any other person who accesses the eFile Wyoming and FSX System.

(e)        Upload, post, or otherwise transmit any materials that You do not have a right to transmit under any law or contractual obligation.

(f)          Alter, damage, or delete any content posted on the Portal.

(g)        Disrupt the normal flow of communication in the Portal in any way.

(h)        Make any unauthorized claims of a relationship with or representation of any business, association, or other organization.

(i)          Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation.

(j)          Post any material that infringes upon or violates the intellectual property rights of another.

(k)         Collect personal information about others.

(l)          Engage in conduct that violates any copyright laws, worldwide, or carry out any unauthorized copying of information, images, or text contained in eFile Wyoming or the FSX System or any attempt to reverse engineer the same.

(m)       Use the FSX System in a manner contrary to or in violation of the Fair Credit Reporting Act (15 U.S.C.A.1681 et seq., "FCRA"). User certifies that will not use any information obtained from the Portal 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 in violation of the FCRA.

4.    Proprietary Rights

You acknowledge and agree the Portal is protected by one or more copyrights pursuant to U.S. copyright laws and other intellectual property laws.You agree to abide by any and all copyright notices, trademark notices, ownership information or restrictions contained in any non-public content on the Portal.No portion of the Portal may be reproduced or transmitted in any way without written permission from the Supreme Court and FSX. You further acknowledge and agree that all rights, titles, and interests in the Portal shall remain with FSX or the Supreme Court and that YOU WILL NOT violate such proprietary right(s). Any violation will subject You to termination of this Agreement, deactivation of Your account, reporting to the Wyoming Bar Association, possible legal action and/or other legal remedies.

5.    Use of Password

You shall not share or allow Your password to be shared by anyone under any circumstances.You are entirely responsible for any and all activities that occur under Your account, and You accept responsibility for maintaining the security of Your password.If You suspect Your password has been compromised in any way You must immediately reset Your password.  If You believe that Your password may have been used inappropriately, You must contact the FSX Support Center.If FSX or the Supreme Court suspects unauthorized use of a password or in the event of an activity that might compromise the Portal, either FSX or the Supreme Court may suspend Your use of the Portal.

6.    Features of the Portal

The Portal offers standard features which allow You to file and serve case documents and only pay the court costs and fees set by Wyoming Supreme Court rules and Wyoming statutes.You can also pay for optional features offered by FSX.

The standard features include:

(a)      “E-File” or “E-Filing” is a feature that allows Users to electronically submit Documents through File & Serve to Courts that have approved the use of File & Serve in their Court Rules. Documents must be in a file type supported by File & Serve to be eligible for E-Filing, and File & Serve is not responsible for Documents in file types not supported by File & Serve. You, and not File & Serve, are responsible for (i) loading and transmitting Documents correctly and in a timely fashion, (ii) ensuring that Documents comply with all applicable Court Rules, (iii) paying any Court Fees, and (iv) confirming, through File & Serve, that the Documents have been accurately converted, uploaded and accepted for E-Filing by the Court;

(b)      "E-Serve," "E-Serving," or "E-Service" means the official service of Documents on parties to a lawsuit and/or their attorneys by submitting the Documents electronically through File & Serve (excluding service of process). The term “E-Service” pertains only to subsequent pleadings filed in a litigation matter, not the initial Complaint. The ability to E-Serve Documents on other parties and their lawyers is determined by Court Rules, Case Management Order, Stipulation Order signed by the attorneys, or other agreement between the attorneys in a case. Documents must be in a file type supported by File & Serve to be eligible for E-Service, and File & Serve is not responsible for Documents in file types not supported by File & Serve. You, and not File & Serve, are responsible for (i) loading and transmitting Documents correctly and in a timely fashion, (ii) ensuring that Documents comply with all applicable Court Rules, and (iii) confirming, through File & Serve, that the Documents have been accurately converted and uploaded.It is also Your sole responsibility to determine when a Document can or must be E-Served as opposed to service in paper or E–Filed or conventionally filed with a Court;

(c)       "Email Notification" is a feature that allows a User to receive an email notification that a Document has been E-Served upon it and is available for viewing in the User’s Online Inbox at the personal email address provided to FSX by the User. The Email Notification feature does not constitute service on the User and is provided by FSX solely as a convenience. It is the responsibility of any User that uses the Email Notification feature to check its Online Inbox to view E-Filed and E-Served Documents. The Email Notification feature will not function properly if the User’s email information is inaccurate or if the User’s email account has been set up to reject email over a certain size or based upon its security settings. Users that use the Email Notification feature are solely responsible for providing accurate, up-to-date email addresses and for ensuring that email accounts are set up properly to receive Email Notifications.FAILURE BY ANY USER TO PROVIDE AN ACCURATE, UP-TO-DATE EMAIL ADDRESS CAPABLE OF RECEIVING EMAIL NOTIFICATIONS OR TO MONITOR ANY EMAIL ADDRESS PROVIDED MAY RESULT IN SUCH USER WAIVING ITS LEGAL RIGHTS, WHETHER BY MISSING A DEADLINE TO RESPOND OR OTHERWISE.FSX HAS NO RESPONSIBILITY TO ENSURE THAT ANY EMAIL ACCOUNT IS ACCURATE, UP-TO-DATE, OR PROPERLY MONITORED;

(d)      "Courtesy Notification" is a feature that allows certain Users to provide an informal notice to a case party that it has E-Filed a Document on File & Serve. Users that use this feature are solely responsible for determining when a Document must be E-Served as opposed to sending a Courtesy Notification that a Document has been E-Filed. The Recipient of a Courtesy Notification will receive an email notification that the Document has been E-Filed on File & Serve with a link to the Document and the Recipient must pay to view, print or download the Document for which it received the Courtesy Notification.

The optional features include:

(a)      "Serve Only" is a feature that permits User to E-Serve and/or serve in paper a Document only upon a designated firm through File & Serve and not E-File or conventionally file the Document with the Court.

(b)      "Service Transaction" is a feature that permits certain Users to designate service as "Serve Only", "Serve Only-Private", or "Serve Only-Public" which terms shall have the following meanings: (i) "Serve Only" as defined in Section 6.B.a; (ii) "Serve Only-Private" means only the sending firm and designated recipient will have access to view the documents and related Transaction data with respect to a sent, E-Filed or E-Served Document, including the Document(s), Court name, name of case matter, and name of filing party attorney and firm and other associated information.; and (iii) "Serve Only-Public" shall mean that the Transaction may be accessible and viewable by all File & Serve subscribers. Dependent upon applicable Court Orders, independent agreements and the local Court Rules of the Court in which the case is pending FSX may allow File & Serve Subscribers to download or view “Serve Only-Public” Documents for a fee as set forth on the Site; 

(c)       "Alert" is a feature that notifies certain Users that a Document, meaning pleadings, Court documents and other legal documents, filings, correspondence and associated data available on File & Serve, has been E-Filed has been accepted for E-Filing or that the User has had a Document E-Served upon it. Notwithstanding the foregoing, the Alert feature will only notify an electing User that a Document has been E-Served upon it or accepted for E-Filing if the Document meets the criteria established by the User in its Alert profile at the time the Document is served or accepted for E-Filing through File & Serve. An Alert profile contains the search criteria entered by the User at the time it registered to receive Alerts. Users are solely responsible for ensuring that all Alert profile information is accurate and up-to-date. The Alert feature will not retroactively notify an Advanced Subscriber of a Document that was E-Filed or E-Served before its Alert profile was created. In addition, the Alert feature WILL NOT notify an Advanced Subscriber that a Document has been accepted for E-Filing with a Court if: (i) the Document is filed or served, or E-Filed or E-Served, in paper format, or (ii) the Court retroactively uploads to File & Serve a previously filed Document. Furthermore, the Alert feature will not allow an Advanced Subscriber to view sealed Documents or Serve-Only Documents, unless the sealed or Serve-Only Documents are Served upon the Advanced Subscriber. An Alert is not immediate and may take up to, or exceed, 24 hours to process. Further, the Alert feature is provided as a convenience only. Advanced Subscribers who use the Alert feature shall not rely solely on Alert to determine if a Document has been E-Served or E-Filed;

(d)      “Calendaring” is a feature that allows Advanced Subscribers and other Participating Parties to view and schedule key events in connection with a case on an online calendar located on the Site (a “Calendared Event”). A Calendared Event may be viewable by all Participating Parties. Calendaring is provided as a convenience to Advanced Subscribers and is provided “As Is.” FSX does not determine or validate the accuracy of Calendared Events, nor does FSX guarantee that Calendared Events will be posted in a timely fashion;

(e)      First Class US Mail service provided through our "Data Entry" feature that allows Subscriber in the eFiling and eService flows to enter contact information and delivery information for U.S. mail methods of service. Subscriber is solely responsible for providing accurate address information. FSX does not edit or update information if a Transaction cannot be completed because the information provided by Subscriber is inaccurate;

8.    Charges and Billing

(a)      The use of File & Serve by any User will result in the accrual of "Court Fees" and “Service Fees.”

(b)      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 File & Serve, or accessed by User through File & Serve in instances where FSX has agreed to collect such fees on behalf of the User, Court or governmental entity. FSX WILL COLLECT AND REMIT COURT FEES AS PART OF FILE & SERVE IN WYOMING. SUBSCRIBER IS SOLELY RESPONSIBLE FOR THE PAYMENT OF COURT FEES. FSX MAY ALSO ASSESS AN ADMINISTRATIVE FEE FOR THE ADVANCEMENT OF COURT FEES.

(c)       Optional Service Fees are the fees charged by FSX for FSX to pay third party fees on behalf of any User.Including, but not limited to, discovery eService, alerts, U.S. Mail service. Certain websites and electronic portals accessed by a User will permit such User to have the fees and other charges charged by the owner or operator of such website or portal paid by FSX.If FSX pays any such fee or charge, FSX will charge the User (i) the amount of such fee or charge and (ii) a Service Fee in the amount of 5% of such fee or charge. Optional Service Fees apply even in the event of any dispute with the third party website or electronic portal concerning the underlying fee or charge.If FSX receives a refund of such underlying fee or charge, FSX will credit the WY File & ServeXpress User’s account for such underlying fee or charge amount, but FSX will not provide a refund of any Service Fee imposed on such underlying fee or charge. FSX may, from time to time change the amount of the Service Fee.

(d)      Users will pay FSX the applicable Court Fees and Optional Service Fees for use of File & Serve. Applicable fees will be posted on the FSX website and updated from time to time by FSX as agreed to by FSX and the Court. FSX will send the Court Fees on the Filer’s behalf to the court each business day. Users will be invoiced on a monthly basis, either via a hard copy or an electronic invoice. FSX will automatically send you a hard copy invoice unless you choose to receive an electronic invoice. Users choosing to receive an electronic invoice will not be charged an additional fee for such electronic invoice. However, Users choosing to receive a hard copy invoice will be charged a fee. The invoice will set forth a reasonably detailed list of the Court Fees or Optional Service Fees incurred. At FSX’s discretion, in addition to Court Fees and Service Fees, FSX may assess reasonable administrative fees upon Users who pay monthly invoices through multiple (in excess of five) checks or payments. Each User is ultimately and fully responsible for payment to FSX of all fees, charges and other amounts (including, without limitation, any statutory filing, other Court fees or administrative fees), incurred through its User’s IDs. The duty to pay any and all fees incurred for use of File & Serve is responsibility of the User and shall not be delegated to any third party(s) without prior authorization from FSX.

7.    Collection of Fees 

(a)      Users shall pay each invoice within thirty (30) days after either User’s receipt of invoice or the date the invoice is made available to User, whichever is sooner. Any amounts not paid within sixty (60) days after the invoice date will bear interest at a rate equal to the lower of (a) eighteen percent (18%) per annum or (b) the highest non-usurious rate per annum allowed by applicable law. In addition to the above finance charges, Court Fees not paid within thirty (30) days after the invoice date will bear an administrative fee of up to twenty percent (20%) per month of the outstanding statutory Court Fee. All finance charges will be determined and compounded daily from the date due until the date paid. Payment of such finance charges will not excuse or cure User of breach or default for late payment. User will reimburse any costs or expenses (including, but not limited to, reasonable attorney’s fees) incurred by FSX to collect any amounts which are not paid when due or for any other failure to honor User’s payment obligations under this Agreement. Additionally, FSX may terminate User’s access (and access by all of its affiliated Users) to File & Serve in accordance with Section 7 for any delinquent account and report such User’s failure to pay FSX to the applicable Court and attorney licensing authority for the state. The Court will mark any Cases with overdue unpaid Court Fee as deficient.

(b)      Government agencies shall receive 45 day to remit their monthly invoice payment.

9.    Consequences of Nonpayment of Fees

You agree that Your failure to pay all applicable filing fees and optional feature fees or Your act of canceling or disputing any credit card transaction for fees may give rise to collection activities by FSX.  Such actions may include but are not limited to filing a court action against You; reporting such action to credit rating services; contesting Your credit card dispute; and assigning such nonpayment to a collection agency.

10.  Links to website outside the Portal 

Some links on the Portal may lead to websites that are not operated by the Supreme Court or FSX.The Supreme Court and FSX do not control these websites and do not guarantee the accuracy, relevance, timeliness, or completeness of information contained on the websites.  The links are provided for Your convenience only.  The links are not an endorsement or warranty of any products, services, or information, and do not imply an association between the Supreme Court or FSX and the operators of the websites.  When you select a link to an outside of the Portal, You are subject to the terms and conditions of that website.

11.  No Warranty

THE PORTAL IS SUBJECT TO LIMITATIONS, DELAYS AND PROBLEMS INHERENT WITH THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEITHER THE SUPREME COURT, FSX NOR THEIR SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THAT THE FSX SYSTEM OR EFILE WYOMING WILL MEET USER'S REQUIREMENTS, OR THAT THE FSX SYSTEM OR EFILE WYOMING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NEITHER THE SUPREME COURT, NOR FSX, NOR THEIR SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION IN RECORDS AVAILABLE ON THE PORTAL, OR WARRANT THAT ANY PLEADINGS, MAIL OR CASE DOCUMENTS WILL BE RECEIVED AND READ BY THEIR INTENDED RECIPIENTS. NEITHER THE SUPREME COURT, FSX NOR THEIR SUPPLIERS, LICENSORS OR CONTRACTORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIM ALL SUCH WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.EFILE WYOMING AND THE FSX SYSTEM ARE PROVIDED "AS IS WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS.

12.  Limitation of Liability

NEITHER THE SUPREME COURT, NOR FSX, NOR THEIR SUPPLIERS, LICENSORS OR CONTRACTORS, SHALL BE RESPONSIBLE FOR, AND USER SHALL NOT SEEK TO HOLD THE SAME RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILTY OR DAMAGE OF ANY KIND RELATING TO YOUR USE OF THE PORTAL, INCLUDING BUT NOT LIMIED TO LOSS TO YOU, YOUR CLIENT OR THIRD PARTIES RESULTING FROM: rejection of a case document by a court; defamation, libel, or slander contained in case documents; infringement of any intellectual property rights in case documents; the content and format of a case document; incorrect transmission or delivery of case documents; loss in connection with the loss of privilege or for any other claimed injury or damages due to disclosure of a document; any errors in or omissions from FSX or the Supreme Court; any delays or delivery problems with the Portal; the unavailability or interruption of the Portal or any of its features; your use of the Portal (regardless of whether you received assistance, information or advice from the Portal, FSX personnel or the Supreme Court); transmission errors; any problems relating to telephone lines or other transmission devices, including the unavailability of telephone lines or other electronic transmission lines or devices; any alteration or destruction of a case document resulting from third parties' unauthorized access to or use of the Portal (e.g., computer "hackers"); deletion of contaminated or corrupted case documents by FSX or the Supreme Court; or any losses or damages or alteration or destruction of a case document or information on Your computer system or elsewhere resulting from the transmission of computer "viruses" or other damaging or destructive software or software components by or through the Portal.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE SUPREME COURT, FSX OR ANY OF THEIR 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. USER'S EXCLUSIVE REMEDY, AND THE MAXIMUM LIABILITY OF THE SUPREME COURT, FSX AND THEIR SUPPLIERS, LICENSORS OR CONTRACTORS 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 USER ACTUALLY PAID TO FSX FOR THE PARTICULAR TRANSACTIONAL USE OF PORTAL WHICH CAUSED THE DAMAGES. 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.

No claim, regardless of form, which in any way arises out of or relates to the Portal may be brought by User more than one (1) year after the basis for the claim is discovered.

13.  Non-Infringement

FSX, at its expense will defend and hold User harmless from or settle any claim, cause of action or demand made by any third party against User that FSX or the FSX System infringes any intellectual property of the third party provided that: User promptly notifies FSX of the claim in writing; the use of the FSX System was in substantial compliance with this Agreement; the infringement was not caused in whole or part by any User; FSX, in consultation with the Wyoming Attorney General for a State of Wyoming User, has control over the investigation, defense and settlement of the claim; User provides such assistance in the defense of the claim as FSX may reasonably request; and User complies with any settlement or court order made in connection with the claim.

14.  Amendments.

This Agreement may be modified by mutual agreement of the Supreme Court and FSX at any time without any direct notice to You.  The Supreme Court and FSX will post amendments to this Agreement on the Portal no less than thirty (30) days before they become effective, unless exigent circumstance prevent thirty (30) days advance notice.Your continued use of the Portal following the posting of any modification signifies Your acceptance of such modifications. You shall periodically visit the Portal to review the current terms and conditions of use.

15.  Applicable Law/Venue.

The construction, interpretation and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The courts of the State of Wyoming shall have jurisdiction over this Agreement, the User, the Supreme Court, FSX and their suppliers, contractors and licensors. The venue shall be the First Judicial District, Laramie County, Wyoming.

16.  Assignment 

This Agreement and Your use of the Portal are not assignable.  Any attempt at assignment without such consent shall be null and void and of no force and effect.  

17.  Modification of the Portal

The Supreme Court may discontinue the Portal at any time.The Supreme Court will post any discontinuance on the Portal no less than thirty (30) days before it becomes effective, unless exigent circumstance prevents thirty (30) days advance notice.

18.  Severability.

Should any portion of this Agreement be judicially determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect.

19.  Sovereign Immunity and Limitations.

Pursuant to Wyo. Stat. § 1-39-104(a), the State of Wyoming and the Supreme Court expressly reserve sovereign immunity by entering into this Agreement and specifically retain all immunities and defenses available to them as sovereigns.The User acknowledges that the State of Wyoming has sovereign immunity and only the Wyoming Legislature has the power to waive sovereign immunity. Designations of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity.User agrees that any ambiguity in this Agreement shall not be strictly construed, either against or for any party, except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity.

20.  Termination of Use

User may terminate this Agreement, with or without cause, at any time for any reason upon thirty (30) days written notice to the Supreme Court and FSX. All charges and fees must be paid prior to a User termination. Failure to do so may result in legal action, reporting to the Wyoming State Bar and other legal remedies. The Supreme Court may terminate this Agreement, with or without cause, upon ten (10) days written notice (email acceptable with return receipt) to User. However, in the event that User breaches any material term of the Agreement or any court rule, the Supreme Court or FSX may terminate this Agreement immediately. The Supreme Court or FSX may also terminate this Agreement if User’s account remains inactive for one (1) year. Users of a terminated account will lose all access to the Portal.

USER IS RESPONSIBLE FOR NOTIFYING THE APPLICABLE COURT, THE SUPREME COURT AND FSX OF USER INITIATED TERMINATION OF THIS AGEEMENT AND LOSS OF USE OF THE PORTAL.

21.  Third Party Beneficiary

This Agreement is not intended to create in any other individual or entity the status of third party beneficiary, and this Agreement shall not be construed so as to create such status.

22.  Waiver

The waiver of any breach of any term or condition in this Agreement shall not be deemed a waiver of any prior or subsequent breach. Failure to object to a breach shall not constitute a waiver.