Welcome to United Process Servers
Last Updated January 15, 2016
United Process Servers, Inc. (hereinafter “Unitedâ€), under the terms and conditions of this Terms of Service Agreement (“Agreementâ€), will provide court services to you its client, including but not limited to electronic court filing, fax court filing, process serving, document retrieval, and copy delivery needs (collectively “Servicesâ€).
In entering this Agreement, you are confirming that you have had ample opportunity to thoroughly read and review the Agreement, and understand the entirety of this Agreement before using United’s website or Services. Upon your use of the United website or Services, your use will constitute your consent and agreement to be bound by all terms and conditions of this Agreement (as amended from time to time by United), including, but not limited to, United’s Privacy Policy, discussed below.
If you are not entering this Agreement on your own behalf, you represent and warrant that you are legally authorized to enter into the Agreement on behalf of the party you represent and that your actions will legally bind such party. If your representation or warranty is not legally authorized, you agree to be personally liable and responsible for all damages caused by you unauthorized acts.
United may unilaterally in its discretion modify, edit, translate, suspend, restrict access to or terminate the website, this Agreement, the content or any link on the website, or the Services at any time without liability or prior notice. United may also in its unilateral discretion terminate the browsing of, registration with and use of the website by any user at any time without liability or prior notice for any reason.
Access to some areas and use of some functions of United’s Services or websites may require you to register with United. If requested to register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including but not limited to your e-mail address, credit card information, tax identification number), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is inaccurate, not current or incomplete, United reserves the right to terminate this Agreement and your use of this website and related services. As part of the registration process, you will be asked to select a password. You will be responsible for the confidentiality and use of your password and any account number. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT NUMBER, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING REQUESTING SERVICES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. If for any reason you feel either your account number or your password has been compromised or duplicated, you must immediately contact United at admin@unitedprocessservers.com or call 800-396-9995 to change your password or account number and to stop any service requested.
You agree that all of your transactions with or through United may, at its option, be conducted electronically. If you do not wish to have these transactions conducted electronically, you should not enter into this Agreement. You agree that United may determine (from time to time) to provide all or any part of its Services non-electronically as governed by this Agreement.
By using United’s website, you represent, affirm, and declare, under penalty of perjury under the laws of the State of California or the state in which you are utilizing this website, that (1) you agree to adhere to the laws and regulations of the jurisdiction with which you are conducting business with United and that you are subject to civil and criminal penalties should you utilize United to violate those laws and regulations; and (2) you acknowledge that the information provided by United is derived from local government agency databases and as such may be inaccurate, out of date, contain errors or omissions, or be otherwise incorrect.
Neither you or United is an employee, agent, independent contractor, representative, broker, or partner of one another. This Agreement shall not be construed to create an association, joint venture, fiduciary relationship or partnership between you and United.
United unilaterally in its sole discretion determines the fees charged to you for using United’s website and Services. Fees charged for United’s Services will be presented in its invoice sent to you following your request for United’s Services. You can request a quote for fees to be charged for United’s Services before United’s Services are rendered and the time of the quote you will be given a period of time, determined by United, to accept or reject the quote. In That instance, United will not perform any services until the quote is accepted. For information please email admin@unitedprocessservers.com or call 800-396-9995.
In order to file, record, copy or serve certain court documents one or all of the following fees (filing, recording, copy or witness fees) may be required by United to be paid prior to filing, recording, copying or serving certain court documents. United, in its sole discretion, may at times advance such fees for customers. For customers who choose to pay for Services by Credit Card, Check or Credit as their payment method, a 5.00% advance convenience fee will be added on the amount processed and charged. In addition, customers choosing to pay by check will be required to immediately reimburse United for advances in excess of $500.00. Furthermore, you represent and warrant to United that any statutory court or witness fees collected and processed by United on your behalf are not for personal, family or household purposes.
You can request a schedule of our fees by emailing admin@unitedprocessservers.com.
All charges for United Services are due upon the submission of your order through unitedprocessservers.com.
United supports three payment options depending on the type and location of your account. These options are:
If you choose to pay by ACH (eCheck), you authorize United to debit your bank account for the total amount of service fees charged by United, plus any statutory court or witness fees. The following terms and conditions will govern ACH (eCheck):
If you choose to pay by Credit Card, you hereby authorize United Process Servers, Inc. to charge your Credit Card on file for the total amount of fees charged by United for Services, plus any statutory court or witness fees.
If you choose to pay by Check, it is understood and agreed that you are requesting an open credit account. If applying for open credit, a valid Visa, MasterCard, American Express or Discover card will be required as a payment guarantee. If Open Credit payment terms are granted, you understand and agree that we will send you an invoice for the Services rendered, which must be paid within 30 days. In the event that invoices are not paid within the 30 day term, you hereby authorize United Process Servers, Inc., to charge your credit card on file. United reserves the right to immediately withdraw credit.
Because all transactions are conducted electronically, you understand and agree that a physical check or credit card need not be present with United in order for your eCheck or credit card charge to be valid and that the validity of such charges will not be challenged.
United will charge a $55 fee for any returned checks or ACH transactions.
Should any invoice become delinquent and United has to initiate a collections effort, all reasonable collection costs and/or legal fees will be added to the balance due.
Any taxes which United may be required to pay or collect under any existing or future law in connection with providing you with the Services shall be charged to your account.
United respects your privacy and we understand the importance of protecting your personal and financial information. By your use of the United’s website or Services, you agree to the terms and conditions included in the United’s Privacy Policy.
You agree not engage in conduct or submit to this website any material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You agree not to cause damage, embarrassment or adverse publicity to United.
When submitting content, documents or other information to Unitedprocessservers.com, you agree to submit only content, documents or information that is functionally and technically compatible with this website. You agree not attempt to and will not damage, corrupt, tamper with or infect this website, the content or any information or telecommunication system of United with a virus or other malicious computer program. You agree to only use this website for the permitted purposes stated in this Agreement, and will not engage in abusive activity with respect to this website.
This website may contain as a convenience to you, links to other websites and information that are not under United’s control. United has no obligation to monitor, control or restrict the use of any third party websites accessible via links on this website. These other sites are not under the control of United, and you acknowledge that (whether or not such sites are affiliated in any way with United) United is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by United or any association with its operators.
You agree that your use of Services and information on the website is at your own and sole risk. Services are provided on an as is and as available basis. United 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. United 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. United does not guarantee continuous, uninterrupted or secure access to Unitedprocessservers.com or Services or those defects 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 United 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 or quiet enjoyment; (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 United or any of its parent corporations, subsidiaries, partners, employees, agents, contractors, or consultants shall, at the option and sole discretion of United, 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.
UNITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH UNITED. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF UNITED HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, UNITED’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, protect and hold harmless United, its parent corporations, subsidiaries, successors, assigns, 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 United 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 United to violate the laws and regulations of the jurisdiction, (iii) your use of the Services, the United website, your dealings or transactions with other parties resulting from use of the Services or the United website, or your failure to pay all sums due United 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 United web site.
United reserves the right to terminate your use of the United website and Services, without notice, for any reason or no reason at all. If your use of the United website and Services is terminated or cancelled, you agree that neither you nor any other party will hold United, 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 United 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.
All content, text, images, data, information and other material displayed, available or present on this website (Content), including any intellectual property rights in such Content (including without limitation trademarks and copyrights), are the property of United, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this website is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in this Agreement.
You agree that any comments or suggestions that you provide to United regarding the Services provided by United, including, without limitation, feedback, suggestions or ideas in response to any customer survey (“Commentsâ€) shall be deemed, and shall remain, the property of United.
None of the Comments shall be subject to any obligation of confidence on the part of United and United shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, United 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.
With respect to any and all disputes arising out of or in connection with the Services, the United website, or this Agreement (including without limitation the Privacy Policy), United and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.
United has no obligation to become involved in any dispute between a user and any other person. The Services, the United website and this Agreement, and any dispute arising in connection therewith, shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. United and you agree that all disputes arising under this Agreement shall be brought by you in your individual capacity or through your estate, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration administered by the American Arbitration Association (“AAAâ€) in Santa Barbara, California, or another forum mutually agreed upon by you and United, pursuant to the Commercial Arbitration Rules (“Rulesâ€) of the AAA by a sole arbitrator nominated by agreement of you and United and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, United may select another arbitral body in its sole discretion. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that United is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of this Agreement pending a final arbitral decision.
United 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.
The provisions in this Agreement are for the sole benefit of you and United 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 United’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.
This Agreement (which includes all current Amendments, the United’s Privacy Policy, your Open Credit Account form, Application for Credit, the disclosures provided by United and the consents provided by you on the United website), embodies the entire agreement between you and United. 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.
We may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this website; any changes that United makes to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated†information that appears at the top of this Agreement. Your use of this website following the posting of any changes constitutes acceptance of those changes.