|Terms and Conditions
Amended March 24, 2008
Priority Service Direct also dba PS Direct, herein referred to as (PS Direct), appreciates the opportunity to
serve your process serving and skip tracing needs (the Services) under the terms and conditions of this PS
Direct services Agreement (the Agreement). Please carefully read and understand the entire contents of this
Agreement before using the PS Direct or PS Direct website or Services. Your use of the PS Direct website or
of the PS Direct services 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 PS Direct Agreement
By using the Services or priorityservicedirect.com website described in this PS Direct Agreement you agree
to be bound by all the terms and conditions of this Agreement. You are referred to as the customer. 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
PS Direct is the sole decision-maker as to the use of the PS Direct website.
Customer Information and Online Registration
Access to some areas and use of some functions of PS Direct services or priorityservicedirect.com or other
PS Direct 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,
PS Direct 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 PS Direct at
firstname.lastname@example.org or call 866-534-6612 to change your password or account number and to
stop any service requested.
Agreement to Conduct Transactions Electronically
You agree that all of your transactions with or through PS Direct 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 PS Direct 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 PS Direct 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 PS Direct 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 PS Direct and that you
are subject to civil and criminal penalties should you utilize PS Direct to violate those laws and regulations;
and (2) you acknowledge that the information provided by PS Direct is derived from local government agency
databases and as such may be inaccurate, out of date, contain errors or omissions, or be otherwise incorrect.
You and PS Direct are independent contractors. Neither you nor PS Direct 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 PS Direct to impose any partnership obligation or
liability upon either party.
PS Direct has the sole discretion to determine the fees charged to you for using its website or services. Fees
for the PS Direct services may vary by location, service level and/or the amount of time spent completing
Services. PS Direct reserves the right to change its fee structure at any time without notice. At any time you
can request our fees by either faxing or emailing your request to Jackie@priorityservicedirect.com, or by
Any taxes which PS Direct 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.
Either one time or continuing credit card billing is available for Credit Card Account or Electronic Check
customers who do not have open credit account terms (Out of State customers 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 PS Direct in order for the credit card charge to be valid and that the validity of
such charges will not be challenged. Whether open account terms are granted or one time payment has
been made by Credit Card or Electronic Check, it is understood and agreed that the person, firm or company
to whom credit is granted or Electronic payment has been received 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 PS
Direct. However, it is understood and agreed that PS Direct 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 PS Direct will hold that person,
firm or company liable for payment of any invoice submitted to a third party for payment. PS Direct reserves
the right to restrict the credit of any customer for any reason.
PS Direct respects your privacy and we understand the importance of protecting your personal and financial
information. By your use of the PS Direct website or Services, you agree to the terms and conditions included
Disclaimer of Warranties and Limitation of Liability
You agree that your use of the PS Direct formation on the website is at your own and sole risk. All services
are provided on an as is and as available basis. PS Direct 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. PS Direct
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. PS Direct does not guarantee
continuous, uninterrupted or secure access to priorityservicedirect.com or PS Direct services or that 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 PS Direct 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 PS Direct or any of its parent
corporations, subsidiaries, partners, employees, agents, contractors, or consultants shall, at the option and
sole discretion of PS Direct, 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 PS Direct 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 PS Direct 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 PS Direct website or Services.
You agree to indemnify, defend, protect and hold harmless PS Direct, 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 PS Direct 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 PS Direct to violate the laws and regulations of the jurisdiction, (iii)
your use of the PS Direct Services or your failure to pay all sums due PS Direct 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 PS Direct web site.
Termination or Cancellation
PS Direct reserves the right to terminate your use of the PS Direct website and services, without notice, for
any reason or no reason at all. If your use of the PS Direct website and Services is terminated or cancelled,
you agree that neither you nor any other party will hold PS Direct, 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 PS Direct 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. PS Direct 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 PS Direct or any of its
Comments and Suggestions
You agree that any comments or suggestions that you provide to PS Direct regarding the services provided
by PS Direct, including, without limitation, feedback, suggestions or ideas in response to any customer
survey shall be deemed, and shall remain, the property of PS Direct. None of the Comments shall be subject
to any obligation of confidence on the part of PS Direct and PS Direct shall not be liable for any use or
disclosure of any Comments. Without limitation of the foregoing, PS Direct 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.
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law
provisions. You and PS Direct agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Los Angeles, California.
PS Direct 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, 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 Rapid Legal and shall not inure to the
benefit of any other person either as a third party beneficiary or otherwise.
Neither this Agreement nor any part or portion may be assigned or otherwise transferred by the customer
without PS Direct’s 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 PS Direct and the consents provided by you on the PS Direct website,
embodies the entire agreement between you and PS Direct. 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
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 PS Direct services.
|BEGINNING SEPTEMBER 29, 2011 PRIORITY SERVICE DIRECT WILL BE IMPLEMENTING A CHECK WRITING FEE OF
10% OF THE AMOUNT OF THE CHECK.