A. Terms of Service
This Terms of Service Agreement (this “Agreement”) is entered into by and between We Serve NJ LLC, d/b/a We Serve Law, LLC (“WSL”) and the company or individual using WSL's Services (the “Customer”) (individually, a “Party,” and collectively, the “Parties”). By using WSL"s website and/or Services, the Customer agrees to this Terms of Service Agreement. In consideration of the mutual terms and conditions hereinafter set forth, the Parties agree as follows:
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PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE AND/OR SERVICES. THEY INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. Your use of this website and/or Services of WSL is expressly conditioned on your acceptance of the following Terms of Service Agreement. By using this website and/or Services of WSL, you signify your understanding of these Terms of Service and affirmatively agree to comply with these Terms of Service. If you do not agree with any part of these Terms and Conditions of use, you must not use this website and/or Services of WSL.
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1. SCOPE OF WORK. WSL will perform the Services offered to customer through its website by providing service of process, skip trace, court filing, document retrieval and mobile notary services (the “Services”). WSL is not a law firm and cannot provide legal advice. WSL makes no representation about the sufficiency of the Services and whether it meets any specific requirements of any local, state or federal law or regulation. You should consult with your own counsel regarding any legal matter.
1. OWNERSHIP. This website, and each of its components (such as images, illustrations, designs, icons, photographs, written materials and software), is the property of We Serve Law LLC, and/or its affiliates (collectively, “WSL”) under applicable copyright, trademark, trade dress, trade name and/or other intellectual property laws. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, modified, exploited or used to create derivative works therefrom without the express written permission of WSL. In addition, the registered and common law trademarks, logos and service marks displayed on this website, other than any licensed marks, (collectively, the “Trademarks”) are the sole and exclusive property of WSL. Nothing contained on this website should be construed as granting, on any legal or equitable basis or otherwise, any license or right to use any of the Trademarks without the written permission of WSL.
2. USE OF SITE. You may only use this website to browse the content and make inquiries to WSL and not for any other purposes. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of WSL. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and/or Services of WSL and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. The links from this website to any other websites are provided for your information and convenience only. WSL does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. WSL does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such non-WSL website, its contents, or anything offered by, advertised on or distributed through that non-WSL website. While this website may contain “links” to other sites, WSL is not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on WSL's website infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent from an authorized officer of WSL in each case. WSL's consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website and/or Services of WSL.
4. PRIVACY. You represent that you have read WSL Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to WSL by WSL in accordance with the terms of, and for the purposes set forth in, the WSL Privacy Policy.
5. EXCLUSION OF WARRANTY. WSL MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS OR DATA PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. WSL DOES NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE AND/OR SERVICES OF WSL. WSL WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR ANY WSL COMPUTER SYSTEM. WSL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although WSL strives to provide on this website the latest data and information relating to its business with its customers, WSL does not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person using this website assumes full responsibility for such use and all risks arising from the use of this website and/or services of WSL or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The data is presented “AS IS” and may include technical inaccuracies or typographical errors. WSL may make additions, deletions or modifications to the information at any time without any prior notification.
7. LIMITATION OF LIABILITY. To the extent permitted by other law, in no event shall WSL be liable to the Customer under any legal theory for any special, indirect, consequential, exemplary, or incidental damages, however caused, arising out of or relating to this Agreement, even if WSL has been advised of the possibility of such damages. WSL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL WSL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE AND/OR SERVICES OF WSL OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY WSL, EVEN IF WSL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH ANY OF WSL'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WSL liability on any claim whether through litigation, or arbitration or any other circumstance is limited to amount paid to WSL in connection with any requested Services.
8. INDEMNIFICATION. You shall defend and indemnify WSL and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees and costs, brought by third parties as a result of your use of this website and/or Services of WSL.
9. COMMUNICATIONS. Except as expressly stated and agreed upon in advance by WSL, no confidential relationship shall be established if any user of this website should make any oral, written or electronic communication to WSL (such as feedback, questions, comments, suggestions, ideas, etc.). If any WSL website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), WSL shall obtain, use and maintain it in a manner consistent with the WSL Privacy Policy.
10. PRODUCT AND SERVICE AVAILABILITY. Reference to any service on the website does not constitute an offer to supply that service and does not mean that the service is available. WSL controls and operates the website in the United States of America. WSL in no way implies that the materials on the website are appropriate or available outside of the United States.
11. PRICES AND AVAILABILITY. PRICES AND AVAILABILITY OF THE SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. If a service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, WSL, has the right to refuse or cancel any order placed for such service at the incorrect price.
13. RELATIONSHIP. Your use of this website and/or Services of WSL is independent of WSL and not as an employee, agent, partner, or joint venturer with WSL for any purpose.
14. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of New Jersey, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Newark, New Jersey, United States of America, in all questions and controversies arising out of your use of this website and/or Services of WSL and this Agreement. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.
15. DISPUTE RESOLUTION AND AGREEMENT TO BINDING ARBITRATION. We are available by e-mail at info@weservenj.com to address any concerns you may have regarding this website and/or Services of WSL. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating arbitration pursuant to the next paragraph.
If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated, then either you or we may initiate binding arbitration. Any dispute, controversy, or claim arising out of or related to this Agreement or any breach of this agreement shall be submitted to and decided by binding arbitration. Arbitration shall be administered exclusively by American Arbitration Association and shall be conducted consistent with the rules, regulations, and requirements thereof. Any arbitral award determination shall be final and binding upon the Parties. All claims arising out of or relating to the Agreement (including its formation, performance and breach), the scope of this arbitration clause, the parties’ relationship with each other and/or your use of this website and/or Services of WSL shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association ("AAA"), in accordance with the AAA Arbitration Rules and Procedures, as modified herein, and excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. The arbitration shall take place in Essex County, New Jersey. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery and appeal, among others, may be more limited in arbitration than in court...
16. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
17. MODIFICATION. WSL may at any time modify these Terms of Service, and your continued use of this website and/or Services of WSL will be conditioned upon the Terms of Service in force at the time of your use.
18. ADDITIONAL TERMS. Additional terms and conditions may apply to various uses of portions of this website, and you agree to abide by such other terms and conditions.
19. SEVERABILITY. These Terms of Service shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
20. HEADINGS. The headings used in these Terms of Service are included by convenience only and will not limit or otherwise affect these Terms of Service.
21. ENTIRE AGREEMENT. These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between WSL and you relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.