1. This Agreement is for viewing electronic court records* as authorized pursuant to the current version of the Florida Supreme Court’s Standards for Electronic Access to Court Records and the Access Security Matrix.

2. Clerk Responsibilities

   1. Clerk will endeavor to provide uninterrupted access to the site, which may be interrupted for maintenance, network or power failures, or security issues.
   2. Clerk will notify Commercial Purchaser of a unique login ID or key and password, with directions on how to change the password.
   3. Clerk will maintain and modify the site as required by the current version of the Florida Supreme Court Standards for Access to Electronic Court Records and the Access Security Matrix.
   4. Clerk will endeavor to provide advanced notice of any changes to Web Services and/or Automated Programmatic Interfaces (APIs) and a test environment where those changes can be tested.

3. Commercial Purchaser Responsibilities

   1. To ensure that only Commercial Purchaser has knowledge of the assigned login ID or key and password.

   2. To prohibit any person or entity other than Commercial Purchaser from accessing the site. The Commercial Purchaser is responsible for all activities that occur using the unique login or key.

   3. To immediately notify Clerk if Commercial Purchaser discovers that the assigned password is known by another person, whether used or not, so the existing login ID may be deactivated and replacement login information issued.

   4. To provide updated contact information or, for parties, updated case information by submitting a new Request Form, which, when submitted, is incorporated by reference in this agreement.

   5. To understand that paper or electronic documents may not be immediately available online after they are filed with Clerk.

   6. To provide computer hardware and software and/or making modifications to existing equipment for access to the site.

   7. If using the APIs and/or Web Services to consume data, it is the Commercial Purchaser’s responsibility to ensure that calls made to the Web Services are compatible with the API, as the Clerk reserves the right to change, deprecate or republish Web Services and/or APIs for any feature change from time to time.

   8. If using the APIs and/or Web Services, requests may be made to the Web Services at any time that they are available provided that the maximum number of requests per minute is not exceeded. If these limits are exceeded, an email will be sent about excessive usage and usage may be limited or account suspended solely at the discretion of the Clerk.

   9. If using the APIs and/or Web Services, there may not be any interference or attempts to interfere with the functionality or proper working of the Web Services.

4. Limitations of Liability

   1. Commercial Purchaser releases Clerk and Clerk’s employees and agents from any liability and any damages resulting from or related to (a) interrupted service of any kind; (b) Commercial Purchaser’s equipment; (c) use of, or viewing of, electronic court records*.

   2. Nothing in this Agreement may be construed as waiving the sovereign immunity of the Clerk or the Clerk’s employees and agents or of the Commercial Purchaser’s sovereign immunity, if applicable, or modifying the recovery limits against the Clerk or Commercial Purchaser as set forth in section 768.28(5), Florida Statutes.

   3. Service through the Clerk’s electronic access is not the official record of the Clerk. A gap may exist between the time paper documents are filed in the Clerk’s office and when they are indexed and imaged for electronic viewing. In order to assure the accuracy of the data or information, the Clerk’s office should be consulted regarding the Official Court Record.

5. This Agreement, regardless of where actually accepted or delivered, is deemed to have been accepted and delivered by the parties in the State of Florida. The Parties mutually agree to submit all disputes, legal suits, actions or claims arising out of or in connection with this Agreement to the exclusive jurisdiction and venue of the 11th Judicial Circuit Court of Florida.

6. Any notice or communication given or sent pursuant to this Agreement may be delivered in person, by mail, or by email to the address provided on the Request Form.

7. Termination and Other Remedies

   1. If Commercial Purchaser breaches the provisions in this Agreement, the Clerk has the right to terminate this Agreement immediately and pursue any other remedy available at law or in equity.

   2. This Agreement will be terminated immediately if funding is withdrawn for any reason. Commercial Purchaser acknowledges that the Clerk has no control over appropriations that may be provided by any governmental entity for the continuation of the services under this Agreement.

8. If any part of this Agreement is found to be invalid, then it will have no effect, but the remaining provisions will continue in full force and effect.

* Service through the Clerk’s electronic access is not the official record of the Clerk. In order to assure the accuracy of the data or image, consult with the Clerk’s office regarding the Official Court Record.