TERMS OF USE AND SERVICE AGREEMENT
DISASTERFREE, LLC DBA PROSRVER
Effective Date: September 28, 2026
Last Updated: September 28, 2026
IMPORTANT NOTICE REGARDING ARBITRATION
THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT FOR MATTERS THAT QUALIFY FOR SMALL CLAIMS COURT OR OTHER CLAIMS THAT APPLICABLE LAW DOES NOT PERMIT TO BE ARBITRATED, DISPUTES BETWEEN YOU AND PROSRVER WILL BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY JAMS RATHER THAN THROUGH A COURT OR JURY.
These Terms of Use and Service Agreement (“Terms” or “Agreement”) govern all services, websites, order forms, payment transactions, electronic portals, technology platforms, communications, and professional services provided by DisasterFree, LLC, doing business as Prosrver (“Prosrver,” “we,” “us,” or “our”).
“Client,” “you,” and “your” mean the individual or entity that submits, requests, authorizes, pays for, directs, or uses Prosrver services.
These Terms apply to process serving, legal document delivery, skip tracing, locate services, court filing and eFiling, mailing, stakeouts, service-related investigative work, document handling, courier services, and other litigation-support or attorney-support services provided by Prosrver.
When ordering electronically, the Client will be required to affirmatively accept these Terms before submitting the assignment.
By checking the applicable acceptance box and clicking “I AGREE & CONTINUE,” “NEXT,” “ORDER SERVICE OF PROCESS,” “SUBMIT,” or another button that expressly states that clicking constitutes acceptance of these Terms, the Client:
(a) acknowledges having been provided access to these Terms;
(b) acknowledges having had an opportunity to review them;
(c) agrees to be legally bound by them;
(d) agrees to Prosrver’s Privacy Policy;
(e) acknowledges the mandatory arbitration provisions contained herein;
(f) authorizes Prosrver to begin work immediately upon submission; and
(g) adopts the electronic action as the Client’s electronic signature.
The Client agrees that an electronic acceptance, electronic signature, electronic record, timestamp, transaction record, IP information, order record, or other electronic evidence of assent may be used to establish acceptance of this Agreement.
If you submit an assignment on behalf of a law firm, corporation, partnership, client, attorney, government entity, business, or other organization, you represent that you have sufficient authority to submit the assignment and agree to these Terms on that organization’s behalf.
Submitting a job is not merely a request for a future field attempt.
Submission constitutes the Client’s express authorization for Prosrver to begin administrative, operational, investigative, technological, and preparatory work immediately.
Work may begin automatically or manually as soon as an assignment is submitted and may occur before the first physical service attempt and, where applicable, before the Client receives a separate scheduling confirmation.
Work associated with a submitted assignment may include, without limitation:
(a) intake and review of the assignment;
(b) review of submitted documents;
(c) creation and administration of the job record;
(d) document downloading, uploading, organization, and processing;
(e) printing and preparation of service sets;
(f) review of addresses and recipient information;
(g) basic address research;
(h) research concerning the subject or recipient;
(i) database research;
(j) determining service geography and jurisdiction;
(k) locating, researching, contacting, evaluating, negotiating with, or assigning an independent process server or vendor;
(l) scheduling and calendar management;
(m) communications with agents, vendors, courts, filing providers, and the Client;
(n) preparation of field instructions;
(o) technical setup in Prosrver’s case-management platform;
(p) payment processing;
(q) mailing or courier preparation;
(r) preparation of declarations, forms, or job-specific materials;
(s) route planning;
(t) travel planning;
(u) investigation concerning unusual or difficult service circumstances; and
(v) other administrative or professional work reasonably associated with preparing or managing the assignment.
The Client acknowledges that substantial professional time and expense may therefore be incurred before any physical attempt is made.
Unless Prosrver expressly agrees otherwise in writing, services are prepaid.
Because work begins upon submission, fees paid for an assignment become non-refundable once the assignment has been submitted, except where a refund is expressly approved by Prosrver in writing or required by applicable law.
Payment made after submission compensates Prosrver for work that may already have commenced before payment.
Cancellation after submission does not restore or create a right to a refund merely because a field attempt has not yet occurred.
If an assignment is submitted and later canceled before payment, Prosrver reserves the right, where appropriate, to invoice the Client for administrative work, research, printing, third-party expenses, vendor commitments, or other work already performed or incurred.
Prosrver may, in its sole business judgment, provide a courtesy refund, credit, or adjustment. A discretionary adjustment does not mean that a refund was contractually or legally required.
Unless expressly stated otherwise in writing, process-serving services are sold as flat-rate service assignments.
The service fee is not a per-attempt fee.
The Client is purchasing Prosrver’s administration and performance of the assignment subject to the selected service level and these Terms.
The fee includes the combination of professional time, administrative work, scheduling, technology, communications, travel, field activity, reporting, and other resources reasonably involved in the assignment.
Individual attempts are not separately purchased units.
Service descriptions such as:
“3-Day Service,”
“2-Day Service,”
“1-Day Service,”
“Same-Day Service,”
“Rush Service,”
“Weekend Service,”
“Holiday Service,”
or similar descriptions
refer to the intended time within which the first field attempt will begin after all conditions necessary to commence service have been satisfied.
For example, a “3-Day Service” means that the first attempt is intended to occur within three applicable business days.
It does not mean that:
(a) service will be successfully completed within three days;
(b) all potential attempts will occur within three days;
(c) multiple attempts will occur during that period;
(d) the recipient will be present;
(e) service is guaranteed; or
(f) a particular legal result is guaranteed.
The applicable service period begins only after Prosrver has received all items reasonably necessary to begin service, including required payment, usable documents, recipient information, a usable service address, and any necessary authorization or instructions.
Delays caused by incomplete information, incomplete documents, payment issues, Client changes, incorrect addresses, vendor availability, emergencies, unsafe circumstances, technology failures, weather, court issues, or circumstances outside Prosrver’s reasonable control extend the applicable service window as reasonably necessary.
After the first attempt, subsequent attempts may be scheduled at different times or on different days to improve the reasonable likelihood of contacting the recipient.
Unless otherwise expressly agreed in writing, Prosrver does not guarantee:
(a) the exact date of a subsequent attempt;
(b) the exact time of a subsequent attempt;
(c) a specific interval between attempts;
(d) morning, afternoon, evening, or weekend attempts in any particular sequence;
(e) multiple attempts on the same day; or
(f) completion of every available attempt.
Prosrver may vary attempt times based on information learned during prior attempts, observed activity, recipient schedules, safety, deadlines, and professional judgment.
When a service level references a maximum number of attempts, including “up to five (5) attempts,” that number is a maximum service allowance only.
It is not a guarantee that every potential attempt will be performed.
An attempt allowance exists to give Prosrver reasonable opportunities to complete service when additional attempts remain necessary, appropriate, and professionally justified.
The maximum number of attempts does not constitute a package of individually purchased physical visits.
Where an assignment provides for up to five attempts:
(a) five attempts are not guaranteed;
(b) five physical trips are not guaranteed;
(c) the Client has not separately purchased five visits;
(d) the Client has no independent ownership interest in each unused attempt;
(e) an unused attempt has no separate monetary value;
(f) the Client cannot require an otherwise unnecessary attempt solely because fewer than five attempts occurred;
(g) unused attempts are not transferable to another address, recipient, job, matter, or future assignment;
(h) unused attempts do not create a right to a partial refund;
(i) unused attempts do not create a right to a credit;
(j) unused attempts do not create a right to discounted future services; and
(k) Prosrver retains reasonable professional discretion concerning whether another attempt should occur.
A service attempt is a meaningful field effort directed toward accomplishing service or confirming relevant conditions at an authorized service location.
An attempt may count even if the server cannot physically reach or communicate directly with the recipient because of circumstances encountered at the location.
Examples may include:
(a) approaching the residence, business, or service location;
(b) attempting contact at the door;
(c) attempting contact through a gate, call box, intercom, lobby, receptionist, security desk, property manager, or other access point;
(d) being denied access by security or building personnel;
(e) encountering a locked or secured property;
(f) encountering a gated community;
(g) discovering that a location appears vacant;
(h) receiving information indicating that the recipient no longer resides or works there;
(i) encountering hostile, threatening, unsafe, unlawful, or inaccessible circumstances;
(j) confirming that the supplied address is incorrect, incomplete, nonexistent, or otherwise unusable;
(k) making reasonable observations concerning occupancy, vehicles, business activity, or other relevant circumstances; or
(l) taking another reasonable field action intended to determine whether service can be completed.
An attempt does not require face-to-face contact with the recipient.
Subject to applicable law and lawful Client instructions, Prosrver retains reasonable professional discretion concerning:
(a) attempt timing;
(b) attempt frequency;
(c) sequence of attempts;
(d) investigative strategy;
(e) field approach;
(f) whether another attempt is reasonably justified;
(g) whether an address has been sufficiently exhausted;
(h) whether safety conditions permit continued attempts;
(i) whether further attempts would reasonably advance service; and
(j) whether an assignment should be closed, suspended, or reassessed.
The existence of unused attempts does not eliminate Prosrver’s professional discretion.
Prosrver may discontinue further attempts before reaching the stated maximum when circumstances reasonably support doing so.
This includes, without limitation:
(a) successful service;
(b) confirmation that service has been completed by another person or method;
(c) the Client advising that the service or delivery objective has been satisfied;
(d) confirmation that the recipient no longer resides or works at the address;
(e) confirmation that the address is incorrect or nonexistent;
(f) reliable information showing that continued attempts at the location would be futile;
(g) expiration of a relevant deadline;
(h) safety concerns;
(i) law-enforcement instructions;
(j) property-access restrictions;
(k) legal restrictions;
(l) unlawful or inappropriate Client instructions;
(m) inability to identify the proper recipient;
(n) insufficient or inaccurate Client information;
(o) the Client failing to respond to material questions;
(p) the Client failing to pay additional authorized charges;
(q) the documents becoming obsolete, superseded, defective, or no longer appropriate for service;
(r) the Client canceling or placing the assignment on indefinite hold;
(s) service becoming unnecessary for the Client’s stated objective; or
(t) other circumstances in which Prosrver reasonably determines that further attempts would not materially advance a legitimate service-of-process or document-delivery purpose.
Successful service completes the process-serving assignment.
Any remaining attempt allowance automatically expires upon completion.
There is no refund, prorated refund, discount, credit, transfer, or future-service value associated with unused attempts.
The agreed fee remains the same whether service occurs on:
(a) the first attempt;
(b) the second attempt;
(c) an intermediate attempt; or
(d) the final available attempt.
Early success does not reduce the service fee.
Prosrver may discontinue further attempts and close an assignment when Prosrver is advised or reasonably determines that service, delivery, or the Client’s stated objective has already been completed through another method.
Completion may include:
(a) service by Prosrver;
(b) service by another process server;
(c) service by another process-serving company;
(d) service by a sheriff, marshal, or other authorized individual;
(e) personal delivery;
(f) substituted service;
(g) first-class mail;
(h) certified mail;
(i) registered mail;
(j) overnight or courier delivery;
(k) acknowledgment or acceptance of service;
(l) electronic service;
(m) posting;
(n) publication;
(o) waiver of service;
(p) voluntary receipt of the documents; or
(q) another method that the Client, Client’s attorney, court, or other appropriate authority represents has satisfied the intended objective.
If the Client informs Prosrver that another method has satisfied the Client’s service or delivery requirement, Prosrver may rely on that representation and close the assignment.
Prosrver is not required to independently determine whether the alternate method was legally sufficient unless Prosrver expressly agrees in writing to provide such analysis.
If a Client later learns that another method was not legally sufficient after previously instructing or representing to Prosrver that the objective had been completed, Prosrver may treat any renewed service request as a new assignment subject to additional fees.
Prosrver will not knowingly perform unnecessary, duplicative, purposeless, improper, unsafe, or potentially harassing field visits solely for the purpose of exhausting a maximum attempt allowance.
A Client request to return to a residence, business, workplace, or other location solely because additional attempts remain available does not obligate Prosrver to perform those visits.
Attempts must have a legitimate service-related or document-delivery purpose.
Prosrver may decline additional attempts when the assignment has already been completed or further attempts would no longer materially advance that legitimate purpose.
Unused attempts have no independent monetary value.
No refund, partial refund, prorated refund, credit, discount, transfer, or future-service allowance arises merely because fewer than the maximum number of attempts occurred.
This applies regardless of whether:
(a) Prosrver succeeds early;
(b) another provider completes service;
(c) the Client completes service independently;
(d) mail completes the delivery objective;
(e) the recipient voluntarily accepts the documents;
(f) the Client advises that further attempts are unnecessary;
(g) the address becomes invalid;
(h) the assignment becomes unnecessary; or
(i) Prosrver reasonably discontinues further attempts under these Terms.
Unless expressly agreed otherwise in writing, pricing is per recipient and per service address.
Unused attempts at one address cannot be transferred to another address.
An alternate or newly discovered address may require a new fee.
A different recipient constitutes a separate assignment unless expressly included in the original quote.
Multiple individuals, businesses, entities, registered agents, or capacities may require separate fees, document sets, affidavits, mailings, or service instructions.
Any reference on Prosrver’s website or marketing materials to a “Service Guarantee,” “satisfaction guarantee,” commitment to “make it right,” or similar customer-service language means that Prosrver is committed to using reasonable professional efforts to address legitimate Client concerns.
Such language does not guarantee:
(a) successful service;
(b) a specific number of attempts;
(c) service by a particular deadline;
(d) recipient cooperation;
(e) court acceptance;
(f) a refund;
(g) complimentary repeat service;
(h) a favorable case outcome; or
(i) Client satisfaction with circumstances outside Prosrver’s control.
References to “24/7,” “24-hour service,” “around-the-clock service,” or similar language refer to Prosrver’s ability, where lawful, safe, appropriate, and available, to schedule or perform field service attempts at various times throughout the day or night, including early mornings, evenings, nights, and weekends.
These references do not mean that Prosrver’s administrative office, telephone lines, email, text messaging, billing department, or customer-support personnel are staffed, monitored, or available twenty-four hours per day, seven days per week.
Response times for calls, texts, and emails may vary.
Prosrver endeavors to document service activity using available technology and field records.
Depending on the assignment and circumstances, documentation may include:
(a) date;
(b) time;
(c) GPS information;
(d) location data;
(e) photographs;
(f) video;
(g) field notes;
(h) property observations;
(i) vehicle observations;
(j) recipient descriptions; and
(k) electronic signatures.
Such documentation is intended to improve transparency and recordkeeping but is not guaranteed on every attempt.
GPS coordinates, timestamps, photos, video, electronic updates, and other technology-dependent records may be unavailable, incomplete, delayed, or inaccurate because of:
(a) cellular coverage;
(b) internet availability;
(c) GPS signal limitations;
(d) device malfunction;
(e) device permissions;
(f) battery failure;
(g) camera failure;
(h) software malfunction;
(i) third-party platform outages;
(j) synchronization failures;
(k) data corruption;
(l) vendor error;
(m) server error;
(n) safety concerns;
(o) legal restrictions;
(p) privacy considerations;
(q) conditions encountered at the location; or
(r) circumstances outside Prosrver’s reasonable control.
The absence of GPS, a photograph, video, or another optional technological record does not, standing alone, establish that an attempt did not occur and does not automatically create a refund or credit entitlement.
Prosrver currently uses ServeManager, an InfoTrack platform, for certain case-management and process-serving functions.
ServeManager is an independent third-party technology provider.
ServeManager currently represents that its platform uses secure HTTPS connections, encryption, encrypted storage, backups, and security controls and that its platform is SOC 2 compliant.
Prosrver may accurately describe those third-party security features but does not independently warrant, guarantee, or insure ServeManager’s:
(a) continuous availability;
(b) cybersecurity;
(c) data integrity;
(d) future security practices;
(e) uninterrupted operation;
(f) accuracy;
(g) backups;
(h) notification delivery; or
(i) protection against every security incident.
Third-party systems may change their functionality, policies, security procedures, or availability without Prosrver’s control.
Prosrver endeavors to provide timely electronic service updates through its case-management system.
“Real-time,” “instant,” or similar descriptions reflect the intended functionality of the technology and do not constitute a guarantee that every notification will be delivered instantaneously.
Notifications may be delayed by:
(a) internet connectivity;
(b) cellular networks;
(c) email providers;
(d) spam filtering;
(e) SMS carriers;
(f) third-party software;
(g) synchronization delays;
(h) server outages; or
(i) other technical circumstances.
Prosrver generally targets preparation of proofs of service, affidavits, or similar completion documentation within approximately seventy-two (72) hours after completion when reasonably possible.
The seventy-two-hour period is a service objective, not an absolute guarantee.
Preparation may take longer because of:
(a) independent agent signatures;
(b) notarization;
(c) document corrections;
(d) holidays;
(e) weekends;
(f) technological issues;
(g) mailing requirements;
(h) third-party vendor delays;
(i) court-specific requirements; or
(j) incomplete or inaccurate information.
Prosrver does not guarantee that a court, clerk, attorney, governmental agency, opposing party, or other authority will accept:
(a) a particular method of service;
(b) a proof of service;
(c) an affidavit;
(d) a declaration;
(e) a filing;
(f) an eFiling submission; or
(g) other documentation.
The Client is solely responsible for determining:
(a) what documents must be served;
(b) who must be served;
(c) the legally acceptable method of service;
(d) service deadlines;
(e) court deadlines;
(f) whether substituted service is legally permissible;
(g) whether mailing is required;
(h) whether personal service is mandatory;
(i) whether a proof or affidavit must be filed;
(j) whether a filing is legally sufficient; and
(k) all other legal requirements of the Client’s matter.
Prosrver is not a law firm and does not provide legal advice.
Operational information concerning process serving, filing, mailing, deadlines, or court procedures does not constitute legal advice.
Clients should consult their attorney or the appropriate court concerning legal requirements.
The Client is responsible for ensuring that all documents submitted to Prosrver are:
(a) complete;
(b) legible;
(c) correct;
(d) properly issued;
(e) properly signed when required;
(f) properly filed when required;
(g) current; and
(h) the documents the Client actually intends Prosrver to serve or file.
Prosrver is not responsible for detecting every missing page, incorrect form, incorrect case number, signature defect, naming error, filing defect, or other legal-document deficiency.
Documents should be provided through Prosrver’s approved electronic order process or other authorized method.
Documents sent by USPS, FedEx, UPS, courier, or another delivery provider are subject to the carrier’s risks and delays.
Prosrver is not responsible for carrier loss, damage, delay, or misdelivery beyond Prosrver’s reasonable control.
Printing, copying, scanning, binding, mailing, pickup, courier, oversized-document handling, or other document services may result in additional charges.
Printing charges are earned when printing occurs and are non-refundable.
The Client must provide all known deadlines clearly and in writing.
The Client is solely responsible for calculating legal deadlines.
Prosrver is not responsible for missed or adversely affected deadlines caused by:
(a) late submission;
(b) late payment;
(c) incorrect information;
(d) incomplete documents;
(e) undisclosed deadlines;
(f) recipient avoidance;
(g) recipient absence;
(h) court delay;
(i) postal delay;
(j) vendor delay;
(k) technology failure; or
(l) circumstances outside Prosrver’s reasonable control.
When substituted service or another method requires follow-up mailing, Prosrver may perform mailing when it is part of the quoted assignment or separately authorized.
Additional mailing or administrative fees may apply.
The Client remains responsible for determining whether the method is legally available in the Client’s matter.
Court filing and eFiling services involve third-party court systems and may involve third-party filing platforms.
Submission is not the same as court acceptance.
Prosrver does not control:
(a) court review times;
(b) clerk decisions;
(c) rejection decisions;
(d) court closures;
(e) court fees;
(f) filing-system outages;
(g) judicial requirements; or
(h) changes in filing procedures.
Additional charges may apply to correct, resubmit, or refile documents when rejection results from Client-provided documents or information.
Skip tracing and locate services may use:
(a) public records;
(b) proprietary databases;
(c) commercially available databases;
(d) internet research;
(e) Client-supplied information;
(f) field information;
(g) court records; and
(h) other lawful sources.
Search results may be incomplete, stale, inaccurate, duplicated, or associated with another individual having a similar name.
Prosrver does not guarantee that a person will be located or that any address, telephone number, email address, employment information, or other result is current or accurate.
Skip-trace results should be treated as investigative leads unless independently verified.
The Client represents and warrants that every request for locate information, database information, personal information, or investigative information has a legitimate and lawful purpose connected to the requested legal or litigation-support service.
The Client may not use Prosrver services to:
(a) stalk;
(b) harass;
(c) threaten;
(d) intimidate;
(e) commit fraud;
(f) unlawfully discriminate;
(g) unlawfully obtain consumer-report information;
(h) determine employment, credit, insurance, housing, or other eligibility unless expressly permitted by applicable law and separately authorized; or
(i) violate a database provider’s permissible-purpose requirements.
Prosrver may require the Client to certify or document a lawful permissible purpose before performing a search.
Stakeouts, surveillance for purposes of lawful service, waiting time, scheduled field blocks, and similar services are billed according to the quoted hourly rate, minimum period, or other agreed pricing.
The fee compensates Prosrver for committed field time and availability.
Payment does not guarantee:
(a) that the subject will appear;
(b) successful service;
(c) a particular observation; or
(d) any specific result.
Reserved field time becomes earned when the applicable cancellation period expires or the reserved period begins.
Rush and expedited charges compensate Prosrver for priority processing, schedule interruption, accelerated preparation, and expedited field deployment.
They do not guarantee successful service.
A one-day or rush service level refers to the first attempt window and does not mean that every available attempt will occur within that same period.
Prosrver may use independent registered process servers, process-serving agencies, investigators where lawfully appropriate, couriers, filing providers, local vendors, and other contractors to complete assignments.
The Client authorizes reasonable subcontracting when necessary.
Prosrver may research, communicate with, negotiate with, and select outside providers based on available information.
Out-of-area services may involve different rates, procedures, legal requirements, response times, and attempt policies.
Third-party fees incurred for an assignment may include:
(a) process-server vendor fees;
(b) court fees;
(c) filing fees;
(d) eFiling provider fees;
(e) mailing;
(f) postage;
(g) notary fees;
(h) parking;
(i) tolls;
(j) courier charges;
(k) database fees;
(l) travel expenses; and
(m) other assignment-specific expenses.
Third-party charges are generally non-refundable once incurred.
Prosrver prioritizes server safety.
Prosrver may refuse, modify, postpone, suspend, or terminate an attempt or assignment because of:
(a) threats;
(b) violence;
(c) weapons;
(d) hostile occupants;
(e) dangerous animals;
(f) unsafe property;
(g) suspected criminal activity;
(h) law-enforcement activity;
(i) medical emergencies;
(j) hazardous conditions;
(k) severe weather;
(l) natural disasters;
(m) lack of lawful access; or
(n) other circumstances presenting an unreasonable risk.
No process server is required to trespass, force entry, bypass lawful security, violate law, or expose himself or herself to unreasonable danger.
Assignments involving known or reasonably suspected safety concerns may require additional fees for multiple agents, modified scheduling, extended waiting, security precautions, or other measures reasonably necessary to perform the assignment safely.
Prosrver will not knowingly record confidential communications in violation of applicable law.
Telephone calls or field communications may be recorded only where legally permitted and after any notice or consent required by law.
Field personnel may make written notes concerning communications and observations.
The Client retains ownership of legal documents, photographs, information, and other materials submitted to Prosrver, subject to any rights belonging to third parties.
The Client grants Prosrver only a limited, nonexclusive license reasonably necessary to:
(a) receive the materials;
(b) copy them;
(c) print them;
(d) store them;
(e) transmit them;
(f) provide them to assigned agents or vendors;
(g) serve or file them;
(h) use them to perform the requested assignment;
(i) maintain legally or operationally necessary business records;
(j) respond to disputes or chargebacks; and
(k) comply with law.
Submitting materials does not grant Prosrver the right to publish confidential legal documents for unrelated marketing purposes.
The Client represents that the Client has sufficient authority to provide Prosrver with the documents, photographs, addresses, physical descriptions, vehicle information, personal information, and other materials necessary to perform the assignment.
Prosrver will use reasonable measures to protect confidential Client information.
Information may nevertheless be disclosed where reasonably necessary to:
(a) perform the assignment;
(b) provide information to an assigned process server;
(c) use a court or filing provider;
(d) use a database or locate provider;
(e) process payment;
(f) respond to lawful process;
(g) comply with law;
(h) protect persons or property;
(i) resolve a dispute; or
(j) protect Prosrver’s legal rights.
Prosrver’s collection and handling of personal information is further described in its Privacy Policy.
Where these Terms and the Privacy Policy address different subjects, both apply.
Prosrver relies on third parties for technology and communications, including case management, email, SMS, mapping, database research, cloud storage, payment processing, eFiling, and related services.
Prosrver is not responsible for third-party outages, errors, delays, inaccurate data, failures, breaches, or other events beyond Prosrver’s reasonable control, except to the extent applicable law provides otherwise.
Prosrver uses reasonable administrative, technical, and organizational measures appropriate to its operations and the technologies it uses.
No website, database, device, transmission, cloud platform, or information system can be guaranteed to be completely secure.
No statement concerning encryption, cybersecurity, secure portals, SOC 2 compliance, financial-industry standards, “bank-level” security, or similar security terminology constitutes a guarantee against unauthorized access, data loss, cyberattack, technical failure, or other security event.
Prosrver may retain assignment records, legal documents, proofs, affidavits, photographs, field notes, emails, invoices, payment records, and related information for periods reasonably necessary for:
(a) business operations;
(b) legal compliance;
(c) tax and accounting;
(d) responding to Client questions;
(e) court-related issues;
(f) defending claims;
(g) chargebacks;
(h) audits; and
(i) legitimate recordkeeping.
Third-party technology providers may have different retention practices.
Clients must maintain their own permanent copies of documents and should not rely on Prosrver as their permanent case-file archive.
The Client consents to transactional communications concerning assignments by email, telephone, case-management portal, and SMS/text message.
These may include:
(a) invoices;
(b) payment information;
(c) attempt notifications;
(d) requests for information;
(e) scheduling;
(f) status reports;
(g) completion information; and
(h) document-delivery notices.
Marketing messages, if any, will be subject to separate consent and opt-out requirements where required by law.
The Client is responsible for providing and maintaining accurate telephone and email information.
Prosrver is not responsible for notices not received because of inaccurate contact information, spam filtering, carrier issues, or other circumstances outside Prosrver’s control.
The Client is responsible for maintaining the confidentiality of credentials and for activity by persons the Client authorizes to use its account.
The Client must promptly notify Prosrver of suspected unauthorized account access.
Clients should contact Prosrver promptly concerning billing disputes before initiating a chargeback.
A chargeback does not eliminate amounts properly owed under these Terms.
The Client authorizes Prosrver to provide reasonably necessary evidence to payment processors or financial institutions when responding to a payment dispute, including:
(a) the order;
(b) invoice;
(c) Client communications;
(d) these Terms;
(e) evidence of electronic acceptance;
(f) service-attempt records;
(g) photographs;
(h) GPS information;
(i) field notes;
(j) vendor records; and
(k) completion documentation.
Any refund, credit, discount, accommodation, reattempt, fee reduction, or other concession voluntarily provided by Prosrver is discretionary.
Such action does not:
(a) admit liability;
(b) establish that Prosrver breached an obligation;
(c) create a precedent;
(d) establish a course of dealing;
(e) amend these Terms; or
(f) waive Prosrver’s right to enforce these Terms in the future.
Prosrver does not guarantee:
(a) successful service;
(b) successful location of a recipient;
(c) recipient cooperation;
(d) court acceptance;
(e) filing acceptance;
(f) avoidance of a motion to quash;
(g) enforceability of service;
(h) the Client’s compliance with a deadline;
(i) recovery of money;
(j) judgment;
(k) settlement; or
(l) any other litigation result.
To the fullest extent permitted by applicable law, services and website functionality are provided without warranties beyond those expressly stated in writing in these Terms or an order-specific written agreement.
Nothing in these Terms excludes any warranty or obligation that applicable law does not permit to be excluded.
To the fullest extent permitted by applicable law, Prosrver will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or related to an assignment.
This includes, without limitation, alleged:
(a) lost profits;
(b) lost business;
(c) loss of opportunity;
(d) litigation losses;
(e) adverse judgments;
(f) lost claims;
(g) sanctions;
(h) attorney fees incurred in an underlying case;
(i) missed recovery;
(j) reputational injury; or
(k) losses resulting from matters outside Prosrver’s reasonable control.
To the fullest extent permitted by law, Prosrver’s aggregate liability arising out of a specific assignment will not exceed the amount actually paid to Prosrver for the specific service giving rise to the claim.
Nothing in these Terms is intended to exclude or limit responsibility where such exclusion or limitation is prohibited by applicable law.
The limitations in these Terms do not apply to liability that cannot legally be waived or limited, including responsibility for Prosrver’s own fraud, willful injury, violation of law where contractual exemption is prohibited, or other conduct for which applicable law prohibits limitation.
Prosrver is not responsible to the extent an issue is caused by:
(a) Client error;
(b) inaccurate information;
(c) mistaken identity caused by Client data;
(d) incomplete documents;
(e) incorrect documents;
(f) incorrect addresses;
(g) missing deadlines;
(h) recipient deception;
(i) third-party database errors;
(j) third-party vendors;
(k) courts;
(l) filing systems;
(m) postal carriers;
(n) internet providers;
(o) technology vendors; or
(p) other persons or events outside Prosrver’s reasonable control.
To the fullest extent permitted by law, the Client agrees to defend, indemnify, and hold harmless DisasterFree, LLC dba Prosrver and its owners, employees, agents, and contractors from third-party claims, liabilities, damages, penalties, and reasonable costs arising from:
(a) unlawful Client instructions;
(b) Client misuse of personal information;
(c) inaccurate or misleading information supplied by the Client;
(d) Client-provided documents;
(e) lack of Client authority;
(f) Client violation of law;
(g) Client breach of these Terms; or
(h) conduct specifically directed by the Client that Prosrver reasonably believed to be lawful.
This section does not require indemnification for liability that applicable law prohibits shifting.
Unless separately and clearly offered as a recurring service, Prosrver assignments are individual transactions and do not automatically renew.
If Prosrver offers an automatic-renewal or continuous-service product in the future, the applicable renewal terms, price, frequency, cancellation procedure, and required consumer disclosures will be presented separately before enrollment.
No consumer will be enrolled in an automatic-renewal service without the affirmative consent required by applicable law.
Prosrver may describe its process-serving operations as registered, bonded, and insured where those descriptions accurately apply.
Nothing in these Terms represents that process servers hold a state occupational “license” when applicable law instead provides for registration.
Independent servers and vendors may be subject to the registration, bonding, licensing, insurance, or other professional requirements applicable in their jurisdiction.
Prosrver may refuse, suspend, modify, or terminate an assignment when reasonably warranted by:
(a) safety;
(b) legality;
(c) Client misconduct;
(d) payment issues;
(e) inaccurate information;
(f) suspected fraud;
(g) harassment concerns;
(h) abusive communications;
(i) unreasonable demands;
(j) conflicts;
(k) inability to obtain necessary information;
(l) recipient service already being completed;
(m) futility;
(n) third-party limitations; or
(o) another legitimate business or professional reason.
Termination does not create a refund right where fees are otherwise non-refundable under these Terms.
Nothing in these Terms creates a partnership, joint venture, fiduciary relationship, agency relationship between Prosrver and the Client, or employment relationship.
Independent process servers and vendors are not Client employees.
Prosrver owns or licenses the website content, branding, graphics, text, original forms, workflows, and other intellectual property appearing on its website, except third-party materials.
No content may be commercially reproduced without authorization except as permitted by law.
Copyright concerns may be submitted to:
Prosrver is not responsible for delays or inability to perform caused by circumstances beyond its reasonable control, including:
(a) natural disasters;
(b) wildfire;
(c) severe weather;
(d) road closures;
(e) emergencies;
(f) civil disturbance;
(g) government action;
(h) court closures;
(i) labor disruption;
(j) illness;
(k) internet outages;
(l) cellular outages;
(m) technology failures;
(n) power failures;
(o) transportation disruption; or
(p) comparable events.
Before commencing arbitration, the complaining party must provide written notice describing:
(a) the nature of the dispute;
(b) the relevant assignment;
(c) the material facts;
(d) the amount, if any, claimed; and
(e) the requested resolution.
Notice to Prosrver must be sent to info@prosrver.com.
The parties will attempt in good faith to resolve the dispute informally for thirty (30) days after receipt of the notice.
Either party may seek emergency or provisional relief where necessary to preserve rights pending arbitration.
Except for claims properly brought in small claims court and claims that applicable law does not permit to be arbitrated, any dispute, claim, or controversy arising out of or relating to:
(a) these Terms;
(b) a Prosrver assignment;
(c) Prosrver services;
(d) fees or refunds;
(e) advertising or representations;
(f) website use;
(g) privacy;
(h) contract;
(i) negligence or other tort claims;
(j) statutory claims;
(k) formation of this Agreement;
(l) interpretation of this Agreement;
(m) enforceability of this Agreement;
(n) termination of this Agreement; or
(o) the scope or applicability of this arbitration provision
shall be resolved by final and binding individual arbitration administered by JAMS.
The arbitration shall be conducted before one neutral arbitrator.
Unless applicable consumer protections require otherwise, arbitration will be administered pursuant to the then-current JAMS Comprehensive Arbitration Rules and Procedures.
If the JAMS Consumer Minimum Standards apply, those standards will apply and control over any inconsistent contractual term.
The arbitrator will have authority to determine the scope and applicability of this arbitration agreement to the fullest extent permitted by law.
The parties acknowledge that Prosrver services may involve interstate commerce, interstate communications, interstate vendors, electronic payment systems, internet technology, and out-of-state transactions.
The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration agreement.
California substantive law otherwise governs these Terms except where preempted or where another law must apply.
The contractual seat of arbitration is Orange County, California.
For commercial or business-to-business disputes, proceedings will occur in Orange County unless the parties agree otherwise or JAMS directs otherwise under controlling rules.
For a Client who qualifies as a consumer under applicable JAMS standards or law, the hearing location and method of participation will comply with applicable JAMS Consumer Minimum Standards and may occur remotely or at another legally required location so that access to arbitration is not improperly restricted.
Commercial parties will pay arbitration fees as required by the applicable JAMS rules and any final allocation by the arbitrator.
Where the Client qualifies as a consumer, Prosrver will bear arbitration fees to the extent required by JAMS Consumer Minimum Standards or applicable law.
No consumer will be required to pay Prosrver’s attorneys’ fees merely because the consumer does not prevail where applicable law prohibits such a requirement.
Either party may pursue an individual claim in a court of competent jurisdiction if the claim properly qualifies for small claims court.
To the fullest extent permitted by applicable law, disputes subject to arbitration must be brought and resolved on an individual basis.
Neither party may pursue or participate in class, consolidated, collective, or representative arbitration on behalf of persons who are not parties to the individual dispute, except to the extent applicable law provides a right that cannot lawfully be waived.
The arbitrator may award relief only to the individual parties before the arbitrator except where applicable law requires otherwise.
Nothing in these Terms waives a right to seek public injunctive relief where applicable law provides that such a right cannot be waived.
The arbitrator may award any relief that applicable law allows an arbitrator to award.
If a court of competent jurisdiction determines that a particular claim for public injunctive relief cannot lawfully be required to proceed in arbitration, that claim will be treated as required by controlling law without invalidating the remainder of the arbitration agreement to the maximum extent legally permissible.
Arbitration replaces a court trial for claims subject to arbitration.
There is no judge or jury in arbitration.
The arbitrator’s award is final and binding subject to the limited review permitted by applicable arbitration law.
Judgment on an award may be entered in any court having jurisdiction.
Nothing in the arbitration provisions prevents a party from requesting provisional or emergency relief from a court where such relief is legally available in aid of arbitration.
Doing so does not waive the obligation to arbitrate the underlying dispute.
The obligation to arbitrate applies mutually to Prosrver and the Client.
Prosrver does not reserve a general right to litigate claims in court while requiring the Client to arbitrate comparable claims.
If part of the arbitration agreement is determined unenforceable, that portion will be severed or limited to the extent legally permissible while preserving the remainder whenever permitted by applicable law.
Except as governed by the Federal Arbitration Act or another controlling law, these Terms are governed by California law.
For disputes that are legally permitted or required to proceed in court and that do not properly belong in another mandatory venue, the parties consent to appropriate state or federal courts in Orange County, California.
This section does not override a consumer’s non-waivable venue rights.
To the extent permitted by applicable law, any contractual claim arising directly from a Prosrver assignment must be asserted within one year after the claimant knew or reasonably should have known of the facts giving rise to the claim.
This provision does not shorten any limitations period that applicable law prohibits the parties from shortening.
The Client may not assign an active service assignment or rights under this Agreement without Prosrver’s written approval.
Prosrver may assign this Agreement in connection with a merger, sale, restructuring, succession, or transfer of substantially all relevant business operations, subject to applicable law.
If any provision is invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in effect.
Failure to enforce any provision on one occasion does not waive the right to enforce it later.
A waiver by Prosrver is effective only if expressly made in writing.
A written quote, invoice, order confirmation, or separately executed agreement may contain terms specifically applicable to a particular assignment.
An expressly stated order-specific written term controls over these general Terms only to the extent of a direct conflict.
Routine Client instructions do not amend these Terms.
These Terms, the Privacy Policy, and any applicable order-specific written terms constitute the complete agreement concerning the subject matter covered.
The version of these Terms accepted when the assignment is submitted will govern that assignment.
Future amendments apply prospectively unless applicable law permits and the Client validly agrees otherwise.
DisasterFree, LLC dba Prosrver
Email:
info@prosrver.com
Telephone:
(949) 431-6872
Website:
www.Prosrver.com
BY AFFIRMATIVELY ACCEPTING THESE TERMS AND SUBMITTING AN ASSIGNMENT, THE CLIENT ACKNOWLEDGES THAT THE CLIENT HAS READ OR HAD THE OPPORTUNITY TO READ THESE TERMS, UNDERSTANDS THAT THEY INCLUDE MANDATORY BINDING ARBITRATION, AUTHORIZES PROSRVER TO BEGIN WORK IMMEDIATELY UPON SUBMISSION, AND AGREES TO BE LEGALLY BOUND BY THEM.