TERMS AND CONDITIONS FOR LEGAL SERVICE OF PROCESS
These terms and conditions govern the legal service of process (“Service”) provided by MercuryPDX, LLC (“Provider”) to (“Client”) for the purpose of delivering legal documents to individuals or entities in accordance with applicable law.
2. ACCEPTANCE OF TERMS
By engaging Provider to provide the Service, Client agrees to be bound by these terms and conditions. Provider reserves the right to modify these terms and conditions at any time, without prior notice to Client. Any changes to these terms and conditions will be effective immediately upon posting on Provider’s website or otherwise notifying Client. Client’s continued use of the Service after any such changes constitutes Client’s acceptance of the modified terms and conditions.
3. SERVICE DESCRIPTION
Provider will use its best efforts to deliver legal documents to the individual or entity specified by Client in accordance with applicable law. Provider will make up to 3 attempts to effectuate service at the address provided by Client. Provider will notify Client of any successful or unsuccessful attempts to effectuate service.
4. CLIENT RESPONSIBILITIES
Client is responsible for providing accurate and complete information about the individual or entity to be served, including but not limited to name, address, and any other relevant identifying information. Client is also responsible for providing accurate and complete instructions regarding the manner in which service should be effected. Client must promptly notify Provider of any changes to the information provided.
5. SERVICE FEES
Client agrees to pay Provider the fees specified in Provider’s fee schedule for the Service. Client must pay all fees in advance, unless otherwise agreed upon in writing by Provider. Provider may charge additional fees for any services not included in the Service, including but not limited to skip tracing, stakeouts, or other investigative services.
6. WARRANTIES AND DISCLAIMERS
Provider warrants that it will use its best efforts to effectuate service in accordance with applicable law. Provider does not warrant that the Service will result in successful service of process or that the individual or entity to be served will comply with any legal requirements or obligations. Provider disclaims all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. LIMITATION OF LIABILITY
Provider’s liability to Client for any claim arising out of or relating to the Service will be limited to the fees paid by Client for the Service. Provider will not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, even if Provider has been advised of the possibility of such damages.
Client agrees to indemnify, defend, and hold Provider harmless from and against any and all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to Client’s use of the Service, including but not limited to claims of improper service or violation of applicable law.
Either party may terminate the Service at any time, with or without cause, upon written notice to the other party. Upon termination, Provider will refund any fees paid by Client for the Service that have not yet been earned.
10. GOVERNING LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of the state of Service. Any dispute arising out of or relating to the Service or these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts located in Washington County, Oregon.
11. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between Provider and Client with respect to the Service, and supersede all prior or contemporaneous communications and proposals, whether oral or written. Any amendments or modifications to these terms and conditions must be in writing and signed by both Provider and Client.
If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Client may not assign these terms and conditions or any rights or obligations hereunder without the prior written consent of Provider. Provider may assign these terms and conditions or any rights or obligations hereunder without Client’s consent.
All notices, requests, and other communications under these terms and conditions must be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
The failure of either party to enforce any provision of these terms and conditions will not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these terms and conditions.
By accepting these terms and conditions, Client acknowledges that it has read, understood, and agrees to be bound by all of the terms and conditions set forth herein.