Dispatch Services, LLC (Dispatch Legal) administers a network of process
Servers and other legal support professionals and happily grants you access
to that network and related services under the terms and conditions of this
Dispatch Legal Network and Services Agreement ("Terms of Service" or
"Agreement"). Please read it carefully and understand the contents in their
entirety before accessing the Dispatch Legal website or making use of our
network, services and products.
Acceptance of Agreement
Your use of the Dispatch Legal web site, network, or of any of the related
services or products offered constitutes your acceptance of, and consent and
agreement to, be bound by all terms and conditions of this Agreement (as amended from time to time),
You (Customer) and Dispatch Legal are Independent Contractors with respect to each other. Neither party is an agent, representative, broker or partner of the other. This Agreement shall not be construed to create an association, joint venture or partnership between the parties.
Agreement to Electronic Transactions
You agree that any or all of your transactions with or through Dispatch Legal may be conducted electronically.
You are responsible for maintaining the confidentiality of the username and password that you receive from Dispatch Legal for accessing your account. Subject to applicable law, you agree to be liable for all uses of your Password whether or not actually authorized by you, including, but not limited to uses of your Password to enter the web site and payment of filing or other fees to Dispatch Legal or to others. You should not give your Password to anyone who is not authorized to take actions on your behalf.
Dispatch Legal may amend this Agreement at any time and will provide notice of any such amendment, on the web site. Your use of the Dispatch Legal web site or Services after the effective date of any amendment shall constitute your consent to be bound by the Agreement as amended. In addition, by accepting or using the Dispatch Legal web site or Services, you agree to periodically review this Agreement and be bound by any amendments to the Agreement.
User Affirmations and Declarations
By using the Dispatch Legal web site, you represent, affirm and declare that (1) all business you conduct through Dispatch Legal is lawful and that you are subject to civil and criminal penalties should you violate those laws and regulations which may apply to such business; and (2) you acknowledge that any information provided by Dispatch Legal to you in the course of performing the Services may be derived from private or government agency databases with respect to which Dispatch Legal has no control, and that Dispatch Legal shall have no liability whatsoever with respect to such information, including, without limitation, in the event any such information is inaccurate, out of date, contains errors or omissions, or is otherwise incorrect in any way.
Dispatch Legal is not responsible for notifying you of changes to court rules and at no time shall any contact between you and Dispatch Legal constitute the giving of legal advice by Dispatch Legal.
You understand and agree that we may advance filing fees, witness fees, etc. (collectively, "Disbursements") on your behalf in connection with the Services. By using the Services you will be deemed to have requested us to advance such fees and agree to repay such advances on the terms and conditions set forth in this Agreement and the applicable invoice.
You agree to use reasonable efforts to take precautions against the contamination of your computer systems and files by software viruses, worms or other malicious agent. At a minimum, such precautions shall include the installation, upgrading and use of commercial virus detection software to scan files and documents transmitted to Dispatch Legal.
Customer may cancel any service order at any time at no charge, unless work performance has already taken place in which case the order will be billed at full rate. Work performance is determined at the sole discretion of Dispatch Legal. Work performance includes, but is not limited to and action taken to perform or initiate: travel/service attempts, court filing/research, or investigations.
At the sole discretion of Dispatch Legal, Customer may be approved for fee advancement for witness / mileage fees, court filing fees, copy fees, etc.. Any fees advanced by Dispatch Legal for Customer will incur a 10% monthly interest rate (with a $2.50 minimum) in addition to any standard fee advancement charges.
No Incidental or Consequential Damages
To the fullest extent allowed by applicable law, you agree that none of the Dispatch Legal Parties will be liable to you, your successors, agents, heirs or assigns, and/or any other person or entity for general, special, incidental, consequential, indirect, exemplary or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, failure to meet any duty (including good faith or reasonable care) whether or not Dispatch Legal 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 Dispatch Legal web site or Services or the termination of your use of the Dispatch Legal web site and Services.
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT NONE OF THE DISPATCH LEGALPARTIES SHALL HAVE ANY LIABILITY WHATSOEVER WITH RESPECT TO ANY ACTIONS OR OMISSIONS BY ANY COURT AND/OR OTHER GOVERNMENT AGENCIES WITH WHOM ANY DISPATCH LEGAL PARTY INTERACTS IN CONNECTION WITH THE SERVICES. IN PARTICULAR, NONE OF THE DISPATCH LEGAL PARTIES SHALL HAVE ANY LIABILITY WITH RESPECT TO ANY COURT AND/OR GOVERNMENT AGENCY'S FAILURE TO PROPERLY OR TIMELY RECEIVE, FILE OR PROCESS ANY DOCUMENTS OR OTHER MATERIALS TRANSMITTED BY ANY DISPATCH LEGAL PARTY ON YOUR BEHALF.
NO DISPATCH LEGAL PARTY SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE DISPATCH LEGALWEB SITE, THE CONTENT, THE COMMENTS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA OR ANY THIRD PARTY COMMUNICATIONS. DISPATCH LEGAL SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE CONTENT, OR ANY THIRD PARTY COMMUNICATIONS.
Third Party Payment
Customer agrees that it is liable for payment for any Services rendered by Dispatch Legal under this agreement, and non-payment or slow-payment by third parties (including customers or clients) to Customer does not alter this obligation.
Customer shall not assign its rights hereunder without prior written consent by Dispatch Legal, nor shall this Agreement be assignable by operation of law.
Dispatch Legal has the sole discretion to determine the fees charged to you for using its web site or Services. Fees for Dispatch Legal services may vary by jurisdiction or geography. Dispatch Legal reserves the right to change its fee structure at any time. Dispatch Legal will provide notice of any such changes to its fee structure on its web site and it is your responsibility to verify costs in advance of ordering services. By accepting or using the Dispatch Legal web site or Services after such notice of changes has been posted on its web site, you agree to be bound by any such fee changes.
Payment is expected upon ordering service, and in any event is due and payable upon the completion of requested service. Customers may obtain an open credit account, and receive access to an account managing system, and be permitted a grace period of 15 days from service completion to settle service charges. In consideration for the extension of credit, Customer shall: (1) pay interest at the rate of one and one -half percent (1 ½ %) per month, or the maximum legal rate if lower, on all invoices/billing statements not paid within 15 days of the date of the invoice/billings statement; (2) pay all costs and actual attorney’s fees in the event that collection efforts become necessary; (3) pay thirty dollars ($30.00) for all returned checks. (4) pay a $10 late payment charge which will accrue every 15 days on any outstanding invoice. Customer agrees to abide by the terms and conditions contained herein and contained in invoices/billing statements of Dispatch Legal. To avoid late payment or access suspension, you may choose to complete a credit card authorization form to have charges paid automatically as they accrue
You shall be responsible for any taxes which Dispatch Legal may be required to pay or collect under any applicable law in connection with the Services, and any such amounts paid by Dispatch Legal shall be charged to your account.
You agree to: (1) provide true, accurate, current, and complete information about yourself and/or your organization, as appropriate, as prompted by the Dispatch Legal registration form or any other form, including, but not limited to, your e-mail address for notices and any other communications; (2) maintain and promptly update the foregoing to keep it true, accurate, current, and complete; and (3) provide any other information that Dispatch Legal may request of you from time to time for purposes reasonably related to your use of the Dispatch Legal network, web site or Services.
Services Provided As Is - No Warranties
You agree that your use of Dispatch Legal and information on the web site is at your own and sole risk. All Services are provided on an "AS IS" and "AS AVAILABLE" basis. Dispatch Legal 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. Dispatch Legal assumes no responsibility for errors or omissions on its web site and is not responsible in any way for the functionality, specifications, or any other aspect thereof. Dispatch Legal does not guarantee continuous, uninterrupted or secure access to Dispatch Legal or that defects in its web site will be corrected. Dispatch Legal reserves the right at any time and without prior notice to change the hours of operation to limit your access to Dispatch Legal in order to perform repairs, make modifications as a result of circumstances beyond the reasonable control of Dispatch Legal and to add or withdraw products or features to or from Dispatch Legal at any time. 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 neither Dispatch Legal nor any of its parent corporations, subsidiaries, partners, employees, independent contractors, officers, directors, attorneys, agents, affiliates, representatives, successors and/or assigns (each a "Dispatch Legal Party"; collectively the Dispatch Legal Parties) makes any warranties or undertakes any duties regarding, without limitation, the following: (1) infringement of title or quiet enjoyment; (2) functionality, including functionality of search or retrieval software; (3) content, format, accuracy, completeness, or completion of forms; (4) receipt (timely or otherwise), approval and/or processing of documents by courts and/or any other government agencies; (5) appropriateness or propriety of documents handled with respect to any Services; (6) timeliness of Services; (7) uninterrupted, secure, error or virus-free Services or storage; (8) adequacy of fees paid to courts and/or other government agencies; (9) any alteration or destruction of a document resulting from third parties' unauthorized access to or use of Dispatch Legal's website (e.g. computer hackers) and (10) any losses or damages or alteration of a document or information on any party's computer system or elsewhere resulting from the transmission of computer "viruses" or other damaging or destructive software or software components by or through Dispatch Legal.
With respect to filing documents with the court, you are solely responsible for transmitting documents correctly and in a timely fashion, for confirming the filing charges on the receipt, and for checking and responding to notifications, email or otherwise, for rejected filings or documents. If you do not receive an email confirmation within (3) days (or before the expiration of any filing or service deadline) documenting the completion of your assignment, it is your responsibility to immediately contact Dispatch Legal and provide details of the document transmission, including the original filing or service receipt, which was generated at the time the filing or service was performed by Dispatch Legal, to enable Dispatch Legal to determine what action should be taken, and if necessary to manually file and serve such documents before the expiration of any applicable deadline. You waive and release any claims based upon errors, defaults, or omissions if you fail to provide notice and/or resubmit to the Court or otherwise comply with this paragraph.
By uploading content to or submitting any materials for use on the Dispatch Legal web site, you grant (or warrant that the owner of such rights has expressly granted) Dispatch Legal a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, distribute, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout this universe; provided that Dispatch Legal may only exercise the foregoing right and license (a) in connection with its operation and maintenance of the Dispatch Legal web site and/or the provision of related goods and services to authorized users and/or their designees, and/or (b) to comply with or satisfy applicable court rules or procedures. You agree that you shall have no recourse against Dispatch Legal for any alleged or actual infringement or misappropriation of any proprietary right with respect to your communication with Dispatch Legal.
Limitation of Liability
You agree that your sole remedy for any breach of this Agreement by Dispatch Legal or any of the Dispatch Legal Parties shall, at the option and sole discretion of Dispatch Legal, be the following: (1) correction of any Service causing you damage; or (2) refund of the amount you paid for the particular use of 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.
You agree to indemnify, defend, protect and hold harmless all of the Dispatch Legal Parties from and against all losses, claims, and expenses (including attorneys' fees and costs) arising out of or relating to: (1) your breach of any terms of this Agreement, (2) the determination by a jurisdiction that you have improperly utilized the Services of Dispatch Legal to violate the laws and regulations of the jurisdiction; (3) your use of the Dispatch Legal or your failure to pay any sums due Dispatch Legal or any local government; or (4) 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 Dispatch Legal web site.
Suspension or Termination
This Agreement is for an indefinite period of time and may be terminated by either party for any reason or no reason at all. If you terminate this agreement, you agree to pay Dispatch Legal for any services provided through the date of termination. Dispatch Legal reserves the right to suspend access to the Dispatch Legal Network, website, and Services at any time for failure to pay past due invoices.
Governing Law; Jurisdiction
This Agreement shall be governed by the laws of Colorado without regard to its conflict of law provisions.
Dispatch Legal shall not be responsible for delays or failure in performance resulting from acts beyond its reasonable control. Such acts shall include but not be limited to acts of God, war, riot, actual or threatened acts of terrorism, labor stoppages, governmental actions, fires, floods, utility failures and earthquakes.
Third Party Rights
The provisions in this Agreement are for the sole benefit of you, the Dispatch Legal Parties and the assigns of Dispatch Legal and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.
You may not assign any of your rights or delegate any of your duties under this Agreement without the prior written consent of Dispatch Legal. Dispatch Legal may assign any of its rights or delegate any of its duties hereunder to any party whatsoever.
If any provision in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect pursuant to applicable law, such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.
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 any other instance.
Miscellaneous; Entire Agreement
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 Dispatch Legal.