Terms Of Use

TERMS OF USE

TERMS OF USE – DISASTERFREE, LLC DBA PROSRVER

Last Updated: JULY 10, 20

These Terms of Use (“Agreement”) govern your access and use of all services, websites, technology platforms, and products offered by DisasterFree, LLC, doing business as Prosrver (“Prosrver,” “we,” “our,” or “us”). Prosrver is a professional services provider specializing in litigation support, including process serving, skip tracing, court filing, and related legal support services. Prosrver does not manufacture or sell products.

 

  1. Acceptance of Terms

By using any Prosrver service or platform, you agree to be bound by this Agreement and all applicable laws. If you do not agree, you may not use the services.

 

  1. Changes to Terms

Prosrver reserves the right to update or modify these Terms at any time without prior notice. Continued use of the service constitutes acceptance of the revised Terms.

 

  1. Independent Contractor Relationship

Nothing in this Agreement creates a partnership, joint venture, or employment relationship. Prosrver and users are independent contractors.

 

  1. Platform Use and Control

We reserve the right to modify, suspend, or discontinue any aspect of the Prosrver platform at any time.

 

  1. Electronic Communication

You consent to receive communications electronically from Prosrver, and you agree that all agreements, notices, and disclosures satisfy legal communication requirements.

 

  1. Account Security

You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account.

 

  1. User Obligations

You agree to provide accurate information, comply with laws, and not use our services for illegal purposes. You also agree to indemnify us for misuse.

 

  1. Third-Party Information

Prosrver uses third-party databases. We are not liable for inaccuracies or delays from those sources.

 

  1. Fees and Payment

All services must be prepaid unless otherwise agreed in writing. Each address submitted for service constitutes a separate billing item.

 

  1. No Refunds After Service Begins

Once an attempt has been made, no refund will be issued. Payment is non-transferable and applies per location.

 

  1. No Legal Advice

Prosrver is not a law firm and does not provide legal advice. Use of our services does not establish an attorney-client relationship.

 

  1. Taxes

You are responsible for any applicable taxes related to services provided.

 

  1. Subscription Services

If you enroll in a monthly service plan, you agree to recurring charges on the first of each month. No refunds for unused time.

 

  1. Refusal of Service

Prosrver reserves the right to deny or cancel service for any reason, including safety, non-payment, or suspected fraud.

 

  1. Sub-user Access

You may authorize others to use your account. You are responsible for their actions under your account.

 

  1. Data Privacy

Your information is governed by our Privacy Policy. We take reasonable measures to secure client data.

 

  1. Service Availability

Prosrver does not guarantee uninterrupted access to services and is not responsible for downtime or outages.

 

  1. Limitation of Liability

Our total liability shall not exceed the amount paid for the specific service in question. We are not liable for indirect or consequential damages.

 

  1. Indemnification

You agree to indemnify and hold Prosrver harmless from any claims arising from your use of the services or your breach of this Agreement.

 

  1. Termination

We may terminate or suspend access to services immediately, without notice, for conduct that violates these Terms.

 

  1. Intellectual Property

All content and technology on our platform are owned by or licensed to Prosrver and protected by law.

 

  1. Copyright Complaints

Claims of copyright infringement should be submitted to info@prosrver.com.

 

  1. User Submissions

You grant Prosrver a license to use any materials or feedback submitted through our platform for any lawful purpose.

 

  1. Dispute Resolution and Arbitration

Disputes will be resolved through binding arbitration in Orange County, California, unless otherwise agreed.

 

  1. Class Action Waiver

You waive the right to participate in class actions related to your use of Prosrver services.

 

  1. Jury Trial Waiver

You waive the right to a jury trial for any claim arising out of or related to this Agreement.

 

  1. Governing Law

This Agreement shall be governed by the laws of the State of California.

 

  1. Force Majeure

We are not responsible for any delay or failure to perform due to causes beyond our reasonable control.

 

  1. Assignment

You may not assign this Agreement without our written consent. We may assign freely.

 

  1. Severability

If any provision is found to be unenforceable, the remaining terms remain in full force and effect.

 

  1. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our rights.

 

  1. SMS and Text Communication

By providing your phone number, you consent to receive text messages from us. You may opt out by replying “STOP.”

 

  1. Entire Agreement

These Terms, including our Privacy Policy, constitute the entire agreement between you and Prosrver.

 

  1. Client Responsibility and No Guarantee of Outcome

 

34.1. Prosrver is not liable for the outcome of your case or delays in service.

 

34.2. It is your responsibility to confirm accuracy of all documents submitted to the court.

 

34.3. You agree to hold Prosrver harmless for information provided via job order, email, text, or phone.

 

34.4. You are fully responsible for managing your legal case and court filings.

 

  1. ADDITIONAL DISCLAIMERS AND PROTECTIONS

 

35.1. Third-Party Actions and Omissions.

Prosrver is not responsible for any actions, omissions, errors, or delays caused by court clerks, opposing counsel, third-party vendors, government agencies, or the individual(s) being served.

 

35.2. Client Duty to Disclose Deadlines.

It is the client’s responsibility to notify Prosrver in writing of any legal deadlines, court filing dates, hearing dates, or statutes of limitations. Prosrver will not be liable for delays or consequences resulting from a client’s failure to provide timely notice of such deadlines.

 

35.3. Right to Decline Unsafe Jobs.

Prosrver reserves the right to refuse, delay, or discontinue service attempts if, in its sole discretion, a situation poses a threat to safety, legality, or ethical conduct.

 

35.4. Audio/Video Surveillance Disclaimer.

Client acknowledges that Prosrver or its subcontractors may use video and/or audio recordings during service attempts. These recordings may be retained but are not guaranteed to be shared unless legally required.

 

35.5. Record Retention Policy.

Prosrver retains documents (proofs of service, affidavits, etc.) for 12 months. Clients are responsible for requesting copies within this time frame.

 

35.6. No Responsibility for Mistaken Identity.

Prosrver is not responsible for service on the wrong person due to inaccurate information provided by the client.

 

35.7. Limitation on Claims.

Any claims related to Prosrver services must be brought within one (1) year.

 

35.8. No Liability for Third-Party Platforms.

Prosrver is not liable for any issues with third-party tools (e.g., ServeManager, InfoTrack US, Lawgical) used in service facilitation.

 

  1. ACCEPTANCE

 

By submitting a job request or using Prosrver’s website, you agree to these Terms. Digital or written acceptance is binding.

 

Contact: info@prosrver.com