eFlex Filing Interface Terms of Use

Terms of Use

In order to register for an account with the North Carolina Business Court’s Electronic Filing System (eFiling), you (User) must accept the terms of use below. This serves as your agreement with the North Carolina Judicial Branch for the purpose of electronically filing court case documents using the eFiling system and will remain in effect as long as you are an active registered user. Failure to accept these terms will result in denial of access to the eFiling system. Failure to adhere to these terms may result in revocation of access to the eFiling system.

User accepts and agrees to the following:

User Accounts

To provide accurate and complete information as required by the North Carolina Administrative Office of the Courts (AOC).
To promptly notify the AOC of any change to User's profile information including, but not limited to, any change in name, address, firm affiliation, or status as a member in good standing of the North Carolina State Bar.
Not to use or attempt to use a user ID that is obscene, offensive, potentially libelous, or deceptive. A deceptive user ID includes, but is not limited to, a user ID that could be construed to give a false or misleading impression of the individual owner's identity or association with any other legal entity.
To be bound by and follow the General Rules of Practice and Procedure for the North Carolina Business Court, which are available at www.ncbusinesscourt.net.
That only a natural person will be issued a user ID, and an individual may have only one active user ID at any given time.
To notify the AOC immediately of any breach of user ID security, including any use of the user ID by an individual not expressly authorized to do so by User.
That User shall be responsible for the security and use of the user ID and password. Any electronic filing or other interaction with the eFiling system by that user ID and password shall be deemed to be made by User or with User's express authorization.
That a user ID and password may not be transferred to anyone. Upon cessation of use of a user ID by the individual to whom it originally was assigned, User agrees to notify the AOC immediately to terminate the user ID.
To suspension of User's account by the AOC if the AOC determines that there is any misuse, abuse, or fraudulent use of the account. Service will also be suspended if any information provided during the account registration process is false or fraudulent.
That misuse, abuse, or fraud may also result in civil liability, criminal prosecution, a grievance being filed with the appropriate licensing agency, or any combination thereof.
To cooperate with the AOC and law enforcement during investigations into misuse, abuse or fraud.

System Use

Electronic filings are governed by the General Rules of Practice and Procedure for the North Carolina Business Court, and should comply with N.C.G.S. § 132-1.10(d).
To submit court filings electronically only for Business Court cases in which User is an attorney of record or a case participant.
That use of the eFiling login process with a user ID and password, followed by submission of electronic documents to the eFiling system, constitutes User's "signature" for purposes of Rule 11 of the North Carolina Rules of Civil Procedure.
Except where filed under seal, documents electronically filed in the Business Court will be publicly accessible at ncbusinesscourt.net.

Technical

That the AOC may deploy updates or modifications to the eFiling system at any time, with or without prior notice, and that User's continued use of the eFiling system to file documents electronically with the Business Court constitutes acceptance of the system as updated or modified.
That the AOC may delay, limit, or deny access to the eFiling system due to system outages, scheduled maintenance and backups, or unforeseen events that may occur.
That the AOC will make reasonable efforts to provide prompt notice of any denial of access and the anticipated duration of such denial of access, but failure of the AOC to give such notice shall not constitute a waiver of any part of these Terms of Use or justification for User's failure to comply with the General Rules of Practice and Procedure for the North Carolina Business Court, the North Carolina Rules of Civil Procedure, the Revised Rules of Professional Conduct, or the North Carolina General Statutes.
To use software for document production and access to the eFiling system compliant with the General Rules of Practice and Procedure for the North Carolina Business Court and the AOC's recommended specifications, as updated periodically at www.ncbusinesscourt.net.
That User assumes all risk and waives any claim for damages against the AOC resulting from use of the eFiling system.

Miscellaneous

That changes to these Terms of Use are within the sole discretion of the AOC. Any change in these Terms of Use will be posted on the Business Court’s website (ncbusinesscourt.net). Continued use of the eFiling system following the posting of changes constitutes User's acceptance and agreement to the changes.
That, by use of the eFiling system, User acquires no ownership or intellectual property interest in the eFiling system, its content, or related materials, including, but not limited to user IDs or passwords; user profile information; documents filed electronically; user interface design, format or content; titles or terminology; logos or other artwork; or training materials and documentation. User agrees that all such intellectual property is the sole property of the AOC or of the vendor selected to develop or host the eFiling system, and that no such content may be reproduced without permission from the AOC.
Not to develop, produce, or disseminate any derivative work or product based upon, or intended to interact with, the eFiling system without permission of the AOC and any vendor selected to develop or host the system.
Not to employ any software that collects, intercepts, or otherwise "mines" information or content from the eFiling system.
That any issue relating to these Terms of Use shall be deemed to arise in Wake County, North Carolina, and all matters, whether sounding in contract or tort, relating to their validity, construction, interpretation, and enforcement shall be determined, governed, and construed in accordance with the laws of the State of North Carolina, and the forum for any dispute shall be Wake County.
That the continuation or any renewal or extension of the eFiling system is dependent upon and subject to the allocation, availability, or appropriation of State funds appropriated to the AOC.
That if any section of these Terms of Use shall, for any reason, be held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions of this contract.
That the failure of either party to enforce any term of these Terms of Use on one or more occasion will not constitute a waiver of the rights or remedies of either party to enforce such term or any other term of this Agreement on any other occasion.
That these Terms of Use shall survive for as long as the User has an account for eFiling, is a party in an action that is filed using the eFiling system, or is counsel for a party in a case that is filed using eFiling.