TERMS AND CONDITIONS (T&C)
Scott Frank, representing Lafayette Process Servers LLC, is a Court Appointed legal Certified Process server. These terms and conditions form a contract between Client (hereinafter “User” or “you” or “your”) and LAFAYETTE PROCESS SERVERS, LLC [https://www.lafayette-process-servers.com] (referred to as "we", "us", “our” and “Company” in this document) that governs your access and use of the website and our process services (collectively as the “Services”). Please read these Terms carefully. It is a legally binding agreement between you and Company. By your use of our website, you agree to comply with all of the terms and conditions set out in this document.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE OR OUR SERVICES INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
1. ELIGIBILITY: User represents and warrants that (i) User have the right and authority to enter into this Agreement; and (ii) he/she abides all of the terms and conditions of this Agreement.
2. MINOR: If you are a minor, we reserve the right to terminate your use and refuse to provide you with access to the website or any services if it is brought to our notice or if it is discovered that user is under the age of 18 years.
3. UPDATES: We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. The user's continued use of services will constitute binding acceptance of such modifications.
6. LICENSE: Our website and all materials including images, illustrations, designs, icons, photographs, video clips, and written text that appear as part of this Site are protected by copyright, trade secret, and other intellectual property laws. Your use of our website is based on the license of Company’s Intellectual Property to you. Company grants you a limited, non-transferable license to access Company’s website and related services in accordance with these T&C. Company reserves all rights in the Intellectual Property not expressly granted to User. Company provides the services solely on an “AS IS” basis and disclaims all warranties and liability for your use of the website and related services. Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the website, features, look, feel, related content and services.
7. INTELLECTUAL PROPERTY: For purposes of this document, “Intellectual Property” shall mean (a) methodology for the provision of Services; and (b) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, content and materials. Company hereby retains all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by Company. You acknowledge that all right, title and interest to the Intellectual Property is owned by Company.
8. PROHIBITED ACTIVITIES: Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website or other related services, or otherwise to attempt to discern the functioning or operation of the website or services. You shall not (and you shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website or services for any purpose without our express written permission; (ii) violate the security of any computer network, or cracks any security encryption codes; (iii) run mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (iv) interfere or attempt to interfere with the proper working of our website or any activities conducted on the website, (v) remove any trademark, copyright or other proprietary notices from any portion of the Services; or (vi) bypass any measures Company may use to prevent or restrict access to the website, software or the Services.
9. PAYMENT TERMS: All services via our website are offered with the full 100% value balance due before the services are provided to you. Failure to prepay may delay service on documents submitted by you.
Payment by Check: If you choose to pay by check, you must email a copy of check. All affidavits or service returns for papers that are being served will not be mailed out until check has been received. You agree that a Thirty-Five Dollars ($35.00) fee will be assessed for all returned checks.
10. REFUNDS: Services that are canceled prior to any work that has been provided, user agrees to pay a 25 % administration fee that applies to any credit that may be owed. In all other cases, user agrees that all fees and charges due and payable to the Company are non-Refundable Retainer for the services of the Company or their Agents. This consists of, but are not limited to, process serving, background check, witness locate, DMV checks or any services that are agreed upon or requested by the user. Further, User agrees that Lafayette Process Servers LLC is empowered to perform said services for User and has right to do all things necessary, appropriate or advisable in performing the said services.
11. ADDITIONAL CHARGES: We may impose additional fees or charges on the following situation:
(i) For any new address(es) to attempt to serve paper work for each individual or entity; or
(ii) For each process service that changes the service type [for example, after choosing personal service client changes to sub-service after the first attempt]
12. SUBMISSIONS: The Website may provide features which allow you to post messages and content to designated areas on the Website, to participate in chat groups, to interact with Company and to upload files, documents, or other materials (“Submission(s)”). Company reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in Company’s sole discretion, are objectionable or in violation of this Agreement. All process serving documents must be uploaded to the link provided on the website; failure to do so may result in lost emails with attached documents. Lafayette Process Server LLC is not responsible for any documents not received if not uploaded to the server link. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.
13. SERVICES FOR OTHER STATES: User acknowledges and agrees that Lafayette Process Servers, LLC is only qualified to serve papers under Louisiana Statutory Requirements. Unless agreed upon and specified on server upload instructions, all Process Services provided from Louisiana to other state, user agrees to inform the company of all laws that govern the jurisdiction of that State service papers, in regards to process serving. User agrees that Company will not be responsible for failure to comply with other State laws.
14. NOTARY SERVICES AND DOCUMENTS DELIVERY:
(i) Delivery for all process services: Three delivery attempts per address will be provided, except for the section 13 mentioned above.
(ii) For all service returns that require a notary: one affidavit will be provided per service request.
(iii) For any additional notary: if document is lost in mail or never received due to NO FAULT of the Company, user agrees to pay a additional fee of $50 per document to be notarized.
15. SEARCH REPORTS: Search reports are performed strictly by the information provided on the subject by the user. Any errors in spelling or numbering sequences can occur and result in wrong information on the subject. Company uses data that is provided by different private sources, computer systems, public records, government open records that also may contain confidential source information. Company cannot be held liable for inaccuracies contained within public record information or databases accessed. Use of this information may be subject to the Fair Credit Reporting Act and other applicable laws, of which the user assumes full responsibility for the release of any information contained in any report or correspondence provided by Company.
16. USER’S CONTENT/DATA
No illegal, immoral or unethical services will be knowingly provided by Lafayette Process Servers, LLC. Users certify that he/she is not knowingly requesting any illegal, immoral, or unethical services. Users are solely responsible for all materials that they e-mail, transmit, or otherwise send to us (“Users’ Content”). Each User represents and warrants that he/she owns all intellectual property rights in the User’s Content and that no part of the User’s Content infringes any third party rights. Users further confirm and undertake not to use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party. Company agrees to conduct the services with due diligence to protect the interests to their best of their ability.
USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS DIRECTORS, EMPLOYEES, AFFILIATES AND ASSIGNS AGAINST ALL COSTS, DAMAGES, LOSS AND HARM INCLUDING TOWARDS LITIGATION COSTS AND COUNSEL FEES, IN RESPECT OF ANY THIRD PARTY CLAIMS THAT MAY BE INITIATED INCLUDING FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF SUCH USE OF THE NAMES, LOGOS, MARKS, LABELS, TRADEMARKS, COPYRIGHTS OR INTELLECTUAL AND PROPRIETARY RIGHTS, BY SUCH USER.
You acknowledge and agree for not to use, nor permit any third party to use, the Company’s email address and message box to distribute or transmit any of the following, including but not limited to:
Illegal and fraudulent information,
threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
Trojan horse, worm or other disruptive or harmful software or data; and
Any other information or Content which is not legally yours and without permission from the intellectual property rights owners.
17. DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
18. LIMITATION OF LIABILITY: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold Company and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Materials.
20. JURISDICTION AND APPLICABLE LAW
The use of the Website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of State of Louisiana without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Lafayette, Louisiana for any proceeding arising out of or relating to these Terms and Conditions.
21. ENTIRE AGREEMENT
These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between you and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.
This agreement is binding for the benefit of and upon the parties hereto, their heirs, assigns, legal representatives and successors. If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
23. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
If you have questions in relation to our use of these technologies you can contact us at:
LAFAYETTE PROCESS SERVERS LLC
602, Elwick Dr, Lafayette, Louisiana -70507
Email: [email protected]