Updated August 18, 2016
LAWGICAL OFFERS ServeManager AND THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF ServeManager AND THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
Lawgical provides end users of ServeManager with various case management options to assist in process service through the facilitation of information. ServeManager offers features including, without limitation, company directories, tools to create affidavits, mobile site & GPS data, client invoicing and accounting. You understand and agree that ServeManager is being provided on the basis you initially elect (e.g., currently month-to-month but annual contracts may be available) and, after any trial that may be available, requires payment from you in order to access ServeManager (as more fully set forth in Section 7 below). Unless explicitly stated otherwise, any new features that change or enhance the current Service, including the release of new features, shall be subject to this Agreement. You understand and agree that ServeManager and the Services are provided “AS-IS” (as more fully set forth in Section 17 below) and that Lawgical assumes no responsibility for the timeliness, deletion, erroneous data or failure to store any user communications or personalization settings or data.
You are responsible for obtaining access and utilizing ServeManager and that access and utilization may involve third party fees (such as internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access ServeManager and any of the Services, unless otherwise explicitly stated by Lawgical.
Lawgical does not provide any type of service to any of your computer hardware or software. Lawgical has no obligation to provide technical support. However we may provide technical support at our sole and complete discretion which is presently available by calling 1-800-280-4400 from Monday – to Friday during the hours of 9am until 6pm Mountain Time. You understand and agree that Lawgical is not liable for any mistakes, errors, omissions and or loss of revenue caused by any misinterpretation, inaccurate or erroneous technical support provided to you in regards to usage of ServeManager or the Services.
You acknowledge and agree that ServeManager contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Lawgical or its suppliers own the title, copyright, and other intellectual property rights in ServeManager and the Services and that ServeManager is licensed, not sold. All right, title and interest in and to ServeManager, the Services, or any other Lawgical technology, materials, systems, software (including, without limitation, any source or object code), applications, platforms, services (and the results thereof), data, features, goods, services, utilities, specifications, techniques and any and all other tangible or intangible materials, without limitation, all patents, copyrights, trademarks, trade secret, common law right, title, or slogan or other proprietary or intellectual property rights related will remain the exclusive property of Lawgical and/or its affiliates.
Lawgical grants you a personal, non-transferable and non-exclusive right and license to use ServeManager provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in ServeManager. You agree not to modify ServeManager in any manner or form, or to use modified versions of ServeManager, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access ServeManager or the Services by any means other than through the interface that is provided by Lawgical for use in accessing ServeManager.
Except as explicitly noted herein, and without explicit written approval, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents contained in ServeManager or any related software.
For permission and a limited license to (re)distribute any Lawgical content, please contact us at [email protected].
Lawgical reserves all rights to ServeManager and the Services not expressly granted to you in this Agreement. Lawgical may terminate your ability to utilize ServeManager at any time and for any reason at its’ sole discretion. Lawgical may upgrade, enhance and further develop ServeManager, or any other Services provided by Lawgical.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written text that appear as part of ServeManager constitute, as applicable, copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Lawgical. Whether or not there is a copyright notice on the SM you agree that by using ServeManager and any of the materials or services offered by ServeManager are protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Lawgical.
You may download or copy the contents and other downloadable materials displayed on ServeManager for your personal and non-commercial use only. No other right, title or interest in any contents, including downloaded materials or software, shall be transferred to you as a result of any such downloading or copying.
In consideration of your use of ServeManager and the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You covenant and agree to (i) provide legitimate, true, accurate, current and complete information about yourself and your company as prompted by ServeManager registration form and (ii) maintain and promptly update the registration data to keep it legitimate, true, accurate, current and complete.
Upon completing the registration process, you may create a user name and password. It is your responsibility to secure such passwords and account information. You are completely and fully responsible for any and all activities, including electronic messages that take place under your password or account. You agree to (i) immediately notify Lawgical of any unauthorized use of your password or account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. Lawgical cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
The non-exclusive, revocable, personal, non-transferable license to utilize ServeManager is contingent upon payment in full of your invoice based upon the desired level of service you choose. Pricing for ServeManager may be found at https://www.ServeManager.com/pricing.
ServeManager is made available on a pay-as-you-go basis. You may be eligible to try ServeManager risk free as described on the website (the “Trial Period”). The Trial Period may be extended in Lawgical’s sole and absolute discretion. You may not be required to provide a credit card for the Trial Period, but you will be required to provide one if you elect to continue with a paid plan after the Trial Period. Monthly rates are determined by your number of jobs per month. By providing a credit card and electing a paid plan, you acknowledge and agree that your credit card will be charged the applicable rate in advance on a monthly basis and will continue to be billed every month thereafter at the applicable rate until you cancel the service by contacting customer service.
There are no annual contracts required by Lawgical. Your usage of ServeManager is on a monthly basis and is deemed to be recurring until such time as you notify Lawgical in writing of your desire to cancel the service. This means that you owe Lawgical the applicable monthly charge(s) as set forth above regardless of whether or not you continued to utilize the service. Therefore, you agree to grant Lawgical the legal authority to charge your credit/debit card on file or the credit/debit card previously submitted by you for any recurring monthly fees.
In the event your number of monthly jobs decreases such that your needs require a different paid plan, or if you wish to cancel, you must contact customer service to request the change. Acceptable terms of notification may be found on the “Contact” page of our website located at https://www.ServeManager.com/contact/new.
In the event your number of monthly jobs decreases such that a paid plan with a lower rate is required, you understand and agree that no refund will be given for the downgrade. At your request. your credit card will be charged at the lower rate the following month and continuously thereafter until another paid plan change is requested or service is cancelled. In the event your number of monthly jobs increases such that a paid plan with a higher rate is required, you acknowledge and agree that your credit card will be charged the difference between the current rate and the higher rate on a pro rata basis for the month in which the change is requested. In addition, the credit card will be charged the higher rate the following month and continuously thereafter until another paid plan change is requested or service is cancelled. You understand and agree that there will be no refunds or credits for partial months of service, downgrade refunds or refunds for months unused with an open account. Fees for all services, including but not limited to monthly fees, are subject to change upon notice. Such notice may be provided by an email message or in the form of an announcement on ServeManager.
In the instance where multiple customers are collborating on one unique job, that job will be debited from each collaborator's total monthly allocated job count.
In addition, special pricing may be available for clients with an exceptionally high volume of jobs. Please contact us at [email protected] to discuss.
ServeManager is intended for your business use and may not be reproduced, altered, sold, leased or in any way shape or form transferred to a third party. You will not use ServeManager in any way that is unlawful, or harms Lawgical, its resellers, affiliates, service providers, distributors, and/or suppliers (each, a “Lawgical Party” and collectively, the “Lawgical Parties”) or any customer of a Lawgical Party, as determined by the sole discretion and complete discretion of Lawgical. You may not use ServeManager in any way that breaches any code of conduct, policy or other notice applicable to Lawgical. Without limiting the generality of this Section 8, you may not use ServeManager in any manner that could damage, disable, overburden, or impair any, or interfere with any other party's use and enjoyment of ServeManager, any of its affiliate web site(s) or ServeManager.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of ServeManager. Permission is granted to print mapping directions, affidavits, invoices, field sheets, accounting forms and e-mails in regards to you or your company business provided you do not modify the default materials and that you retain all copyright and other proprietary notices contained in the materials. You may, however, customize an affidavit, invoice or any form available for customization in ServeManager.
To the extent that ServeManager contains links to services and resources, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Information contained on or made available through ServeManager is not intended to, and does not, constitute legal advice and no attorney-client relationship shall be created as a result of your use.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Lawgical, whether on or via ServeManager, or otherwise disclosed, submitted or offered in connection with your use of ServeManager (collectively, "Comments"), shall be and remain the property of Lawgical. Such disclosure, submission or offer of any Comments shall constitute an assignment to Lawgical of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Lawgical will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Lawgical is and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay to user any compensation for any Comments; or (iii) to respond to any user Comments.
You agree that no Comments submitted by you to ServeManager will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to ServeManager will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Lawgical may use and/or disclose information about your demographics and use of ServeManager in any manner that does not reveal your identity.
ServeManager may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content"), which are provided as a service to you interested in the information and/or in connection with your use of ServeManager. You understand and agree that his/her use of such links is at his/her own risk. The links are provided as a convenience only and their inclusion does not imply an endorsement, adoption or sponsorship of, or affiliation with, such Third Party Sites or Third Party Content. Lawgical accepts no responsibility for reviewing changes or updates to the Third Party Sites or Third Party Content. In addition, Lawgical is not responsible for the quality, content, policies, nature or reliability of the Third Party Sites or Third Party Content linking to ServeManager. You understand and agree that when you leave ServeManager by clicking on a link to a Third Party Site, Lawgical’s terms and policies no longer govern and it is his/her responsibility to review applicable terms and policies of the Third Party Site before proceeding with any transaction with any third party.
You understand that all information, data, text, software, graphics, messages or other materials (collectively "Data") is the sole responsibility of the person from whom such Data originated. You understand and agree that Lawgical is not responsible for any sensitive Data that you share with others in any upload, post, transmission or other format whatsoever via ServeManager.
In the event of cancellation, you acknowledge and agree that Lawgical may retain all Data transmitted or uploaded through ServeManager. However, you may request release or deletion of the Data, in some circumstances. To the extent you have shared Data with another party using ServeManager, such Data cannot be deleted by Lawgical. In addition, Data cannot be deleted by Lawgical when a third party process server ("Third Party Server") is used. You understand and agree that job requests transmitted through ServeManager may be forwarded to a Third Party Server for processing. The Third Party Server may add notes, data, service attempts or other job related information to the job request. In such case, the information in the job request belongs to both Lawgical and the Third Party Server and, consequently, the job request, including your Data, cannot be deleted by Lawgical. In situations where Data can be deleted by Lawgical and you request deletion of your Data, you understand and agree that the Data will be deleted in a reasonable amount of time and once deleted it cannot be recovered.
If you request release of the Data, the Data may be transmitted digitally. Lawgical makes no guarantees as to the formatting of the delivered Data. Lawgical reserve the right to charge a reasonable fee for transmission and delivery of the Data.
You understand and agree that a request for deletion or release of the Data must be made at the time of cancellation of service. You are responsible for properly canceling service and may do so with thirty days prior notice made to customer service. If you cancel service before the end of the current paid up month, your cancellation will take effect immediately, no refund will be given and you will not be charged again.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold Lawgical, and its subsidiaries, affiliates, officers, agents, parents, successors, assigns, co-branders or other partners, and employees, harmless against any loss, damage or reasonable costs (including reasonable attorneys' fees) incurred in connection with claims, demands, suits, or proceedings ("Claims") made or brought against Lawgical or any of its agents, subsidiaries, affiliates, employees, directors, by a third party which is due to, results from, or arises out of, directly or indirectly, (i) content you submit, post, transmit or make available through ServeManager; (ii) your use of ServeManager or the Services; (iii) your connection to ServeManager or the Services; (iv) your breach of the terms and conditions as set forth in this Agreement and any exhibits or schedules attached hereto (as updated from time-to-time); (v) your failure to comply with any laws, rules, regulations, and court and administrative decrees to which it is subject or any other failure on your part that causes Lawgical to violate any law, rule, regulation, or court or administrative decree; (vi) your omissions, misrepresentation, or negligence, and/or your violation of any rights of another, including, without limitation, intellectual property rights.
18.2 Severability. The terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect.
18.3 APPLICABLE LAW. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISIONS. ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY BY THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA.
18.4 Amendments, Modifications and Assignment. Any modifications to this Agreement must either appear on ServeManager or be in writing. This Agreement cannot be sold, assigned or transferred by you to any other party. In the event of a sale of all or substantially all of the assets of the Member (or other transfer of control), whether by voluntary or involuntary action, Lawgical shall have the right to terminate its relationship with Member or to impose a transfer fee, at its discretion. No public statements concerning the existence or terms of this Agreement will be made or released to any medium except with the prior approval of both parties or as required by law. No waiver by Lawgical shall operate as a waiver of any other provision or any subsequent default. Lawgical will not be bound by the representations of any agents, brokers, or other third parties.
18.5 Data. You have a right to your business data. Export features allow you to download the data at will. Should you need Lawgical to package and deliver your data via csv format, a request must be made in writing within 30 days of your account termination. This service may be subject to a fair hourly market rate.
The following section applies to any agency or other unit of government located in the United States, or a federally recognized Indian tribe (a “Government Entity”) and applies to all Governmental Entity users and accountholders who use or access the Services."
20.1 Connected and Third Party Applications. ServeManager links to and may provide connectivity to a variety third party sites and applications with their own terms of service which are distinct and different from our own, including, but not limited to Stripe, Mailchimp, Zapier, Quickbooks Online, Dropbox, data providres and more.
20.2 Reversals, Chargebacks and Claims. You (and not Lawgical) are responsible for all Reversals, Chargebacks and Claims, including fees, fines, penalties and other liability incurred by us in connection with Reversals, Chargebacks and Claims, and your use of the Services. You agree to reimburse Lawgical, or a third party, for any and all such liability from your use of the Services. "Reversal" means a credit card company reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in error, Affiliates, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated this Agreement. “Chargeback” means a request that you or your client files directly with his or her card company or card issuing bank to invalidate a processed payment. “Claim” means a challenge to a payment that you or one of your clients files directly with their credit card company.