TERMS OF SERVICE
Direct Legal Support, Inc., herein referred to as (Direct Legal Support), appreciates the opportunity to serve your court filing, court research, and process serving needs (the Services) under the terms and conditions of this Direct Legal Support Agreement (the Agreement). Please carefully read and understand the entire contents of this Agreement before using the Direct Legal Support or Direct Legal Support website. Your use of the Direct Legal Support website or of the Direct Legal Support or products will constitute your consent and agreement to be bound by all terms and conditions of this Agreement (as amended from time to time), including, but not limited to, our Privacy Policy, discussed below. If you do not agree with the terms and conditions in this Agreement, we will be unable to provide any services to you.
Acceptance of the Direct Legal Agreement
By using the Services or http://www.directlegal.com website described in this Direct Legal Support Agreement you agree to be bound by all the terms and conditions of this Agreement. You are referred to as the customer described on the Open Account page. If you are not making this Agreement on your own behalf, you represent and warrant that you are legally authorized to enter into the Agreement on behalf of the customer and that your actions will legally bind the customer.
Control of Web Site
Direct Legal Support is the sole decision-maker as to the use of the Direct Legal Support website.
Customer Information and Online Registration
Access to some areas and use of some functions of Direct Legal Support or https://www.directlegal.com or other Direct Legal Support websites may require you to register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address), and (b) to 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, Direct Legal Support reserves the right to terminate this Agreement and your use of this website and related services. As part of the registration process, you may be asked to select a password. You will be responsible for the confidentiality and use of your password and any customer number. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND CUSTOMER 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 Direct Legal Support by email or call 213-483-4900 to change your password or account number.
Agreement to Conduct Transactions Electronically
You agree that all of your transactions with or through Direct Legal Support 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 Direct Legal Support may determine (from time to time) to provide all or any part of its Services non-electronically, and that those Services will still be governed by this Agreement.
Changes or Amendments
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 Direct Legal Support 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.
Affirmations and Declarations
By using the Direct Legal Support 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 Direct Legal Support and that you are subject to civil and criminal penalties should you utilize Direct Legal Support to violate those laws and regulations; and (2) you acknowledge that the information provided by Direct Legal Support is derived from local government agency databases and as such may be inaccurate, out of date, contain errors or omissions, or be otherwise incorrect.
Independent Contractors
You and Direct Legal Support are independent contractors. Neither you nor Direct Legal Support is an employee, agent, representative, broker, or partner of one another. This Agreement shall not be construed to create an association, joint venture, or partnership between you or Direct Legal Support to impose any partnership obligation or liability upon either party.
Fees
Direct Legal Support has the sole discretion to determine the fees charged to you for using its website or services. Fees for the Direct Legal Support may vary by location, service level and/or the amount of time spent completing Services. Direct Legal Support reserves the right to change its fee structure at any time without notice. At any time you can review and print our fees via the https://www.directlegal.com website or you can request our fees at any of our branch offices.
When requested by customers, Direct Legal Support, Inc. processes and remits court filing fees required by court rule or statute. When customers elect to pay by credit card, a 2.9% convenience fee will be charged on court fees processed and remitted to the court by Direct Legal Support, Inc. in accordance with applicable law. This fee will apply only to court fees and not Direct Legal Support, Inc. service charges. Customers can pay via ACH (eCheck) or Open Credit (certain terms apply) to avoid this fee.
Authorization to Pay by ACH. If the Payment Method you choose is to pay by ACH (“ACH Payment Service”), you hereby authorize Direct Legal to electronically debit or credit, via an ACH transaction, the bank deposit account you designate from time to time (“Bank Account”). By choosing this Payment Method, the 2.9% convenience fee associated with statutory court and witness fees will be waived. These Terms of Service, the related Direct Legal webpages, and information you input to such webpages (or which Direct Legal reasonably believes was inputted by you), during your initial enrollment in the ACH Payment Service and any time you update or amend the same (which Direct Legal may require in its sole discretion), each constitute your authorization to Direct Legal to debit or credit your Bank Account via ACH transactions (“Authorization”), as provided in these Terms of Service. The following terms and conditions apply to the ACH Payment Service
Taxes
Any taxes which Direct Legal Support 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.
Payment Terms
In order to have open account terms, an Open Credit Account form must be completed, signed and submitted to Direct Legal Support. If accepted, the customer will be billed for services rendered. If credit is granted to Open Credit Accounts, it is understood and agreed that all invoices will be paid within the standard credit terms (net 10 days); in the event that invoices are not paid within 30 days from the date of services rendered your credit card on file will be charged. A valid Checking account (ACH), Visa, MasterCard or American Express card will be required to use the services of Direct Legal Support, even if applying for open credit account terms. Continuing credit card billing is available for Credit Card Account customers who do not want open credit account terms (If you are Outside the State of California, this is your only option). Because all transactions are conducted electronically, it is understood and agreed that the physical credit card need not be present with Direct Legal Support in order for the credit card charge to be valid and that the validity of such charges will not be challenged. If open account terms are granted, it is understood and agreed that the person, firm or company to whom credit is granted is liable for payment of all invoices. A person, firm or company to whom credit is granted may have a third party pay an invoice Directly to Direct Legal Support. However, it is understood and agreed that Direct Legal Support has no relationship with such third parties and has no obligation to collect from them. Payment obligation rests solely with the person, firm or company that submitted the assignment and to whom credit was originally granted and that Direct Legal Support will hold that person, firm or company liable for payment of any invoice submitted to a third party for payment. Direct Legal Support reserves the right to restrict the credit of any customer for any reason.
Privacy Policy
Direct Legal Support respects your privacy and we understand the importance of protecting your personal and financial information. By your use of the Direct Legal Support website or Services, you agree to the terms and conditions included in the Direct Legal Support Privacy Policy.
Disclaimer of Warranties and Limitation of Liability
You agree that your use of the Direct Legal Support and information on the website is at your own and sole risk. All services are provided on an as is and as available basis. Direct Legal Support 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. Direct Legal Support 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. Direct Legal Support does not guarantee continuous, uninterrupted or secure access to https://www.directlegal.com or Direct Legal Support 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 Direct Legal Support 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 Direct Legal Support or any of its parent corporations, subsidiaries, partners, employees, agents, contractors, or consultants shall, at the option and sole discretion of Direct Legal Support, 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.
No Incidental or Consequential Damages
To the fullest extent allowed by applicable law, you agree that neither Direct Legal Support nor any of its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors or consultants will be liable to you, your heirs or assigns, and/or any other person or entity for 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 Direct Legal Support has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of the Direct Legal Support website or Services.
Indemnification
You agree to indemnify, defend, protect and hold harmless Direct Legal Support, its parent corporations, subsidiaries, 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 Direct Legal Support 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 Direct Legal Support to violate the laws and regulations of the jurisdiction, (iii) your use of the Direct Legal Support or your failure to pay all sums due Direct Legal Support 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 Direct Legal Support web site.
Termination or Cancellation
Direct Legal Support reserves the right to terminate your use of the Direct Legal Support website and services, without notice, for any reason or no reason at all. If your use of the Direct Legal Support website and Services is terminated or cancelled, you agree that neither you nor any other party will hold Direct Legal Support, 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 Direct Legal Support 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.
Intellectual Property Rights
You agree that except as expressly provided that the content and website are protected by intellectual property laws. Direct Legal Support reserves the right to suspend or discontinue all services and online registration for any person or customer that appears are infringing on the property rights of Direct Legal Support or any of its subsidiaries.
Comments and Suggestions
You agree that any comments or suggestions that you provide to Direct Legal Support regarding the services provided by Direct Legal Support, including, without limitation, feedback, suggestions or ideas in response to any customer survey shall be deemed, and shall remain, the property of Direct Legal Support. None of the Comments shall be subject to any obligation of confidence on the part of Direct Legal Support and Direct Legal Support shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, Direct Legal Support 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.
Governing Law
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Direct Legal Support agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
Force Majeure
Direct Legal Support 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, and riot, acts of terrorism, labor stoppages, governmental actions, fires, floods, and earthquakes.
Third Party Rights
The provisions in this Agreement are for the sole benefit of you and Direct Legal Support and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.
General Provisions
Neither this Agreement nor any part or portion may be assigned or otherwise transferred by the customer without Direct Legal Support 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.
Effect of Agreement
This Agreement (which includes all current Amendments, your Open Credit Account form, Application for Credit, the disclosures provided by Direct Legal Support and the consents provided by you on the Direct Legal Support website, embodies the entire agreement between you and Direct Legal Support. 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.
Acknowledgement
You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement. You agree to comply with all city, county, state and federal laws and ordinances relating to the Direct Legal Support.