PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the SCPS INC., A California S Corporation DBA SCPS website (the “Site”) or any SCPS INC., A California S Corporation applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and
“your” refer to each customer, Site visitor, or Application user,
“we”, “us” and “our” refer to SCPS INC., A California S Corporation and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.

You agree that by using the site, any applications, and the services you are at least 18 years of age and you are legally able to enter into a contract.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please also refer to the SCPS INC., A California S Corporation Terms of Service and Privacy Policy, each of which is incorporated herein by reference. SCPS INC., A California S Corporation is not a law firm and may not perform services performed by an attorney. SCPS INC., A California S Corporation and its Services are not substitutes for the advice of an attorney.

SCPS INC., A California S Corporation strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, SCPS INC., A California S Corporation cannot guarantee that all of the information on the Site or Applications is completely current.  SCPS INC., A California S Corporation may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with SCPS INC., A California S Corporation through the performance of any such services.

This Site and Applications are not intended to create any attorney-client relationship, and your use of SCPS INC., A California S Corporation does not and will not create an attorney-client relationship between you and SCPS INC., A California S Corporation. Instead, you are and will be representing yourself in any legal matter you undertake through SCPS INC., A California S Corporation’s legal document service.

1. Privacy Policy. SCPS INC., A California S Corporation respects your privacy and permits you to control the treatment of your personal information. A complete statement of SCPS INC., A California S Corporation’s current Privacy Policy is online.  SCPS INC., A California S Corporation’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the contact form. . You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify SCPS INC., A California S Corporation immediately of any unauthorized use of your account, user name or password. SCPS INC., A California S Corporation shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by SCPS INC., A California S Corporation, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain SCPS INC., A California S Corporation products or services, you may be asked to provide personal information in questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant SCPS INC., A California S Corporation a worldwide, royalty-free, nonexclusive, and fully sub licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by SCPS INC., A California S Corporation at any time by removing your personal information from the applicable service.

2. Ownership. This Site and Applications are owned and operated by SCPS INC., A California S Corporation All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by SCPS INC., A California S Corporation or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by SCPS INC., A California S Corporation, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of SCPS INC., A California S Corporation’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. SCPS INC., A California S Corporation does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by SCPS INC., A California S Corporation. Any rights not expressly granted herein are reserved by SCPS INC., A California S Corporation.
3. Limited Permission to Download. SCPS INC., A California S Corporation hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than SCPS INC., A California S Corporation (each a “Third Party Site”). SCPS INC., A California S Corporation works with a number of partners and affiliates whose sites are linked with SCPS INC., A California S Corporation. SCPS INC., A California S Corporation may also provide links to other citations or resources with whom it is not affiliated. SCPS INC., A California S Corporation is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. SCPS INC., A California S Corporation makes no guarantees about the content or quality of the products or services provided by such sites. SCPS INC., A California S Corporation is not responsible for webcasting or any other form of transmission received from any Third Party Site. SCPS INC., A California S Corporation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SCPS INC., A California S Corporation of the Third Party Site, nor does it imply that SCPS INC., A California S Corporation sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that SCPS INC., A California S Corporation is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Use of SCPS INC., A California S Corporation Legal Forms. On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank” forms. If you buy a form from one of our partners, you will be directed to that partner’s website and their terms of use will control. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

License to Use.

SCPS INC., A California S Corporation grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

Resale of Forms Prohibited. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of SCPS INC., A California S Corporation.

6. DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

Summary:

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our Customer Care Center at info@sonomacountyprocessserver.com. Any amount above $10,000, may require arbitration. In the unlikely event that the SCPS INC., A California S Corporation Customer Care Center is unable to resolve your complaint to your satisfaction (or if SCPS INC., A California S Corporation has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. If you have received a cease and desist email and your services rendered were below $10,000 we will require you to bring a small claims action against SCPS INC., A California S Corporation. Additional contact after the cease and desist has been issued may result in a civil harassment lawsuit against you. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, SCPS INC., A California S Corporation will not pay any costs of the arbitration. It will be your sole responsibility to pay for arbitration. In arbitration you may recover attorney’s fees from SCPS INC., A California S Corporation to the same extent or more as you would in court. Under certain circumstances (as explained below), SCPS INC., A California S Corporation will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what SCPS INC., A California S Corporation offered you to settle the dispute.

You may speak with independent counsel before using this Site or completing any purchase.

Arbitration Agreement:

(a) SCPS INC., A California S Corporation and you agree to arbitrate all disputes and claims between us before a single arbitrator unless a cease and desist email has been sent to you, at which point a small claims lawsuit will be required. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms. For the purposes of this Arbitration Agreement, references to “SCPS INC., A California S Corporation,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and SCPS INC., A California S Corporation are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these
Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to SCPS INC., A California S Corporation should be addressed to: Notice of Dispute, General Counsel, SCPS INC., A California S Corporation, 2777 Yulupa Ave., STE 248, Santa Rosa CA 95405 (the “Notice Address”). he Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If SCPS INC., A California S Corporation and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SCPS INC., A California S Corporation may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SCPS INC., A California S Corporation or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SCPS INC., A California S Corporation is entitled.

(c) After SCPS INC., A California S Corporation receives notice at the Notice Address that you have commenced arbitration, it will not reimburse you for your payment of the filing fee, for any reason. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, SCPS INC., A California S Corporation will not pay it under any circumstances.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless SCPS INC., A California S Corporation and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. Once again, if you receive a cease and desist email you will be required to bring a small claims action against SCPS INC., A California S Corporation, or SCPS INC., A California Corporation may begin a civil harassment case against you. If you choose to proceed either in person, by telephone, or by email we may choose to respond only by telephone or email. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which SCPS INC., A California S Corporation was a party. Except as otherwise provided for herein, SCPS INC., A California S Corporation will not pay any fees associated with AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be the sole responsibility of you. In such case, you agree to pay for all  monies previously disbursed by it, as the monies are otherwise your obligation to pay as per these terms and services. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be your responsibility.

(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of SCPS INC., A California S Corporation’s last written settlement offer made before an arbitrator was selected, then SCPS INC., A California S Corporation will: pay you either the amount of the award or $25.00 (“the alternative payment”), whichever is greater; and pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”). If SCPS INC., A California S Corporation did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of SCPS INC., A California S Corporation’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred before SCPS INC., A California S Corporation’s settlement offer .

(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws SCPS INC., A California S Corporation may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, SCPS INC., A California S Corporation will seek those such awards.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and SCPS INC., A California S Corporation agree that each may bring claims against the other only in your or its individual capacities and not as plaintiffs or class members in any purported class or representative proceeding or in the capacity of a private attorney general. Further, unless both you and SCPS INC., A California S Corporation agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

7. Additional Terms. Some SCPS INC., A California S Corporation Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your
   agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
8. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, SCPS INC., A California S Corporation may permit visitors to post ratings, reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of SCPS INC., A California S Corporation. SCPS INC., A California S Corporation is not the publisher or author of the User Content. SCPS INC., A California S Corporation takes no responsibility and assumes no liability for any content posted by you or any third party.

Although we cannot make an absolute guarantee of system security, SCPS INC., A California S Corporation takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If SCPS INC., A California S Corporation’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, SCPS INC., A California S Corporation reserves the right to delete those files or to stop those processes. If the SCPS INC., A California S Corporation technical staff suspects a user name is being used by someone who is not authorized by the proper user, SCPS INC., A California S Corporation may temporarily disable that user’s access in order to preserve system security. In all such cases, SCPS INC., A California S Corporation will contact the member as soon as feasible. SCPS INC., A California S Corporation has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

Rights and Responsibilities of SCPS INC., A California S Corporation Users or Other Posters of User Content.

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any SCPS INC., A California S Corporation service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content: that is known by you to be false, inaccurate or misleading; that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below; that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below; that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below; that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party; that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information; that contains any computer virus, worms, or other potentially damaging computer programs or files; that otherwise violates these Terms of Use. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

You grant SCPS INC., A California S Corporation a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

You are not required to provide your real name when signing up as a user of SCPS INC., A California S Corporation. SCPS INC., A California S Corporation permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.

Ratings and reviews will generally be posted in two to four business days.

By submitting your email address in connection with your rating and review, you agree that SCPS INC., A California S Corporation may use your email address to contact you about the status of your review and other administrative purposes.

9. No warranty. The site, applications, and all materials, documents or forms provided on or through your use of the site or applications are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, SCPS INC., A California S Corporation expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

SCPS INC., A California S Corporation makes no warranty that: (a) the site, applications, or the materials will meet your requirements; (b) the site, applications, or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the site, applications, or any materials offered through the site or applications, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you through the site, applications, or in reliance on the materials will meet your expectations.

Obtaining any materials through the use of the site or applications is done at your own discretion and at your own risk. SCPS INC., A California S Corporation shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

Notwithstanding the above, SCPS INC., A California S Corporation offers a 60 day satisfaction guarantee, the terms of which are available here.

10. Limitation of liability and indemnification. Except as prohibited by law, you will hold SCPS INC., A California S Corporation and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if SCPS INC., A California S Corporation has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of SCPS INC., A California S Corporation, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
11. Unsolicited Submissions. Except as may be required in connection with your use of SCPS INC., A California S Corporation Services, SCPS INC., A California S Corporation does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to SCPS INC., A California S Corporation through or in association with this Site shall be considered non-confidential and SCPS INC., A California S Corporation’s property. By providing such submissions to SCPS INC., A California S Corporation you hereby assign to SCPS INC., A California S Corporation, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. SCPS INC., A California S Corporation shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing SCPS INC., A California S Corporation or using the SCPS INC., A California S Corporation legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your SCPS INC., A California S Corporation user account.

SCPS INC., A California S Corporation has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of SCPS INC., A California S Corporation or of a third party or that violate intellectual property rights generally. SCPS INC., A California S Corporation’s policy is to remove such infringing content or materials and investigate such allegations immediately.

If your receive the following Cease and Desist email below, SCPS INC. A California S Corporation will no longer accept you as a client for services to be rendered or future services. Continually contacting SCPS INC. A California S Corporation may result in a civil harassment lawsuit. Receiving the Cease and Desist email will terminate any arbitration with SCPS INC., A California Corporation. Once received to resolve any disputes SCPS INC., A California Corporation will require you, to bring a small claims or civil action regrading the dispute to court. SCPS INC., A California Corporation will not be responsible for any fess including attorney, court costs, process of service, notary, or any other fees you may accrue to bring civil litigation against SCPS INC., A California S Corporation unless directed by the court to pay such fees.

CEASE AND DESIST EMAIL YOU WILL RECEIVE;

SCPS INC., DBA SCPS Policy regarding Abuse or Harassment in the workplace SCPS is a DBA of SCPS INC., a California S Corporation. Policy regarding Verbal Abuse and other related behavior by clients towards SCPS INC., DBA SCPS staff. This policy shows how SCPS INC., DBA SCPS keeps its duty to keep its staff safe from the abusive behavior and risks of being harmed by clients “the client” in the course of their work. “The client” includes relatives and friends of “the client”, visiting professionals, suppliers, tradespeople, and contractors. There are separate policies and procedures for addressing abuse to and from “the client” in the workplace, which is usually treated as a violation of Corporate policies and addressed through the SCPS INC., DBA SCPS policies. Related policies include: 

1. Challenging Behavior 
2. Violence 
3. Aggression 
4. Bullying 
5. Harassment 
6. Dignity at Work 
7. Racial Harassment 
8. Sexual Harassment 

SCPS INC., DBA SCPS default position is that its staff should always be treated courteously and with respect for the work they are doing. They should not be subject to abusive behavior in any form, which includes: 

• rude, disrespectful, and/or offensive behavior, including derogatory remarks and disruptive acts amounting to verbal and emotional abuse 
• sexually inappropriate comments and behavior 
• racist and discriminatory abuse 
• threats of physical violence 
• aggressive and/or violent behavior 

Policy regarding any violation of the above policy. SCPS INC., DBA SCPS reserves the right to terminate any future and current services with “the client” upon initial or subsequent violations of any policy at the discretion of SCPS INC., DBA SCPS.  SCPS INC., DBA SCPS reserves the right to warn the “the client” once. 

Procedures: 

(SCPS INC., DBA SCPS reserves the right to terminate “the client” on any violation at any time of any policy including the first time)  

1. Warning In writing (email, text to “the client’s” phone number on file with corporate, and/or physical mail) 
2. Behavior which has violated the policy, 
3. Time and date of behavior in violation of a policy. 
4. Upon any additional violation of any policy of SCPS INC., DBA SCPS after initial warning, SCPS INC., DBA SCPS will send you a termination notice.  The email will include your name, first and last, and the violations you have committed that resulted in termination of all services current and future. 

WARNING OR TERMINATION OF SERVICES DUE TO VIOLATION OF CORPORATE POLICIES. 

FIRST WARNING (AT SCPS INC., DBA SCPS discretion, not required for termination) 

Behavior which violated policy:  

Name of “the client”:  

Time: 

Date:  

Warning was issued: 

Mode:  

 This letter has been served as notice of your recent acts of unwarranted; challenging behavior, violence, aggression, dignity at work, racial harassment, and/or sexual harassment towards SCPS. You are required to cease and desist all acts of challenging behavior, violence, aggression, dignity at work, racial harassment, including but not limited to email, text, in person, written and or any other form. 

 For all litigation, please send correspondence to SCPS INC., DBA SCPS at 

Corporate Mailing Address for Litigation: 

Suite 248 

2777 Yulupa Ave., #248

Santa Rosa, CA 95405 

Copyright Infringement:

Notice. SCPS INC., A California S Corporation has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address;
• (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above written information must be sent to our registered Copyright Agent:

Copyright Agent
c/o SCPS INC., A California S Corporation,
2777 Yulupa Ave… 248, Santa Rosa CA 95405 info@sonomacountyprocessserver.com

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• (1) Your physical or electronic signature;
• (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
• (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco, CA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent,
  the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or
  more after receipt of the counter-notice, at the Company’s sole discretion.

13. Inappropriate Content. When accessing the Site, any Applications, or using SCPS INC., A California S Corporation’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:

• (i) is libelous, defamatory, obscene, pornographic, abusive or threatening;
• (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation;
• (c) advertises or otherwise solicits funds or is a solicitation for goods or services. SCPS INC., A California S Corporation reserves the right to terminate or delete such material from its servers. SCPS INC., A California S Corporation will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

14. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Our policy regarding email and text notifications:
16. a) By opting into this service, you will receive up to 5 marketing emails and
    texts a month with special offers and services related to your services being rendered. This could include product offers, special deals, and reminders about the services we provide. No purchase is required for any of the offers you receive.
17. b) You can cancel the SMS service at any time by simply texting “STOP” in reply to the short code. We will send you a message
    confirming that you have unsubscribed. You can restart the service again at any time by signing back up.
18. c) If you need any help, we can be reached directly at info@sonomacountyprocessserver.com
19. d) Please note that your mobile carrier is not liable for any delayed or undelivered messages and standard message and data rates may apply. If you have any questions about your text or data plan, please contact your service provider.
20. e) If you have any questions regarding your privacy, please refer to our Privacy Policy.
21. Personal Use. The site is made available for your personal use on your own behalf.
22. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
23. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
24. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, SCPS INC., A California S Corporation all rights reserved.
25. Trademarks. SCPS INC., A California S Corporation, SCPS INC., A California S Corporation, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of SCPS INC., A California S Corporation. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
26. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse SCPS INC., A California S Corporation as paid spokespeople in our advertising campaigns.
27. Inquiries. By using SCPS INC., A California S Corporation’s services or accessing the SCPS INC., A California S Corporation site or applications, you acknowledge and accept that submitting your telephone number or email address to SCPS INC., A California S Corporation via the SCPS INC., A California S Corporation site or applications constitutes an inquiry to SCPS INC., A California S Corporation, and that SCPS INC., A California S Corporation may contact you at the number submitted or email address even if such number appears on any state or federal do not call lists (taking into account inquiry exception time frames as appropriate).
28. Right to Refuse. You acknowledge that SCPS INC., A California S Corporation reserves the right to refuse service to anyone and to cancel user access at any time.
29. Acknowledgement. BY USING SCPS INC., A California S Corporation’s services or accessing the SCPS INC., A California S Corporation site or applications, you acknowledge that you have read these terms of use and agree to be bound by them.

PLEASE READ THESE
COMPANY POLICYS’ CAREFULLY BEFORE USING THIS SITE.

1. SCPS INC., DBA SCPS, is a process server company—by law, we are required, not to offer legal advice, we are not LDAs, UDAs, BBPs, Paralegals and or Lawyers, with that being said, we will not give legal advice.
2. SCPS INC., DBA SCPS, Accepts E-Checks, Checks, Cashier Check or Credit Cards.
3. SCPS INC., SCPS, All Deposits and or Payments are subject to change until after consultation.
4. SCPS INC., DBA SCPS, reserves the right to litigate with any client that either fails to pay a partial payment within Thirty days, chargeback a payment/transaction, disputes a payment/transaction, states a payment/transaction is fraud or unauthorized to their (the client) credit/debit card company, or for any additional reason a payment may be declined, denied, or disputed. SCPS INC., DBA SCPS, will attempt to negotiate with the client prior to any litigation commencing. However, if a client becomes verbally or physically threatening or abusive, SCPS INC., DBA SCPS, will notify law enforcement and begin litigation.
5. SCPS INC., DBA SCPS, All Deposits and or Payments are Non-Refundable. However, SCPS INC., DBA SCPS, may issue partial refunds, at SCPS INC., DBA SCPSs, discretion.
6. SCPS INC., DBA SCPS, will attempt 3 (three) serves per address, with a total of 2 addresses, for Routine, Rush and Same Day. After 3 (three) serves have been attempted, the client will receive either a proof of service, a proof of service and declaration of due diligence, or a cover sheet and a declaration of due diligence.
7. SCPS INC., DBA SCPS, does offer Court services. It is the client’s responsibility to have the correct information for SCPS INC., DBA SCPS, to complete the court services. If the client does not have and or sends the incorrect and or not enough information, the client will have to pay for additional services. SCPS INC., DBA SCPS, will do 1 (one) attempt for court services per contract. SCPS INC., DBA SCPS, will require a new contract and additional funds if the court services cannot be complete after the first attempt. SCPS INC., DBA SCPS, is not responsible for the order of filing the documents, it is, the client’s responsibility to tell SCPS INC., DBA SCPS, the order, the client wishes the documents to be filed.
8. SCPS INC., DBA SCPS, will require all Out Of Area Proof In Court Fees;(Includes: Entire Trip Cost e.g., Flight Ticket(s), Hotel Room(s), Car Rental(s), Fuel Cost and or any additional costs acquired before, during and or after court appearance), to be paid in advance. SCPS INC., DBA SCPS, will itemize all cost via email to you the client prior to accepting payment.
9. SCPS INC., DBA SCPS, is not responsible if the court or county rejects a client(s) file(s) under court services. SCPS INC., DBA SCPS, will require a new contract for each trip or e-file to the court, for court services.
10. SCPS INC., DBA SCPS, under no circumstances will You, The Client(s) sign this contract without understanding and agreeing to the entirety of this contract.  By signing this contract, You, The Client(s) are stating, You, The Client(s) understand and agree with everything stated within this contract.
11. In the event, SCPS INC., DBA SCPS, does a skip trace for a client, the client understands and agrees to the following.

12a. To use the information provided for LEGAL MATTERS ONLY.

12b. The client will not share the information with anyone else and or any other company.

12c. The client will not use the information for any and all malice reasons.

12d. The client will only receive the information necessary to start and or complete a case for legal reasons.

12e. SCPS INC., DBA SCPS, does not condone any use of this information for non-legal matters.

12f. Any and all skip n trace are non-refundable.

12g. SCPS INC., DBA SCPS, cannot guarantee skip n trace will be successful.

12h. In the event, skip and trace is unsuccessful, the paid amount for services, will be non-refundable for any reason.

13. In the event, SCPS INC., DBA SCPS, does a Public Record Search for a client, the client understands and agrees to the following.

13a. The Client will use the information for personal use only.

13b. The Client will have a valid reason for the Public Record Search.

13c.  The Client understands that it is a public record search and not a Skip Trace.

13d. The Client will not use the information found in any malice manner.

13e. The client will acquire, two public records sources.

13f. In the event, Public Record search is unsuccessful, the paid amount for services, will be non-refundable. 

13g. All Public Record services are non-refundable.

13h. The client will only receive the information requested prior to the Public Record Search.

14. SCPS INC., DBA SCPS, does not provide consumer reports and is not a consumer reporting agency. We provide a lot of sensitive information that can be used to satisfy your curiosity, protect your family, and find the truth about the people in your life. You may not use our service or the information it provides to make decisions about consumer credit, employees, insurance, tenant screening, or any other purposes that would require FCRA compliance.
15. INC., DBA SCPS, will send all documents to the client at SCPS INC., DBA SCPS, own convenience. SCPS INC., DBA SCPS, will send the client(s) documents(s) via email. Upon request by the client, SCPS INC., DBA SCPS, will may send the documents via mail to the client. If SCPS INC., DBA SCPS, sends the documents via mail the client will be responsible to pay for all mail preparation (e.g., drive time, wait time at the mail office, tracking number). SCPS INC., DBA SCPS, requires all mailed documents to have a tracking number. All documents will be sent by either USPS, FEDEX, USPS and or any other mailing service. It is the client’s responsibility to receive the documents. If the documents do not arrive for any reason, after SCPS INC., DBA SCPS, has sent the documents (e.g., lost, stolen, misplaced, natural disaster, or any other reason) it will be the client’s responsibility to repay to have the documents resent.
16. SCPS INC., DBA SCPS, requires an appointment prior to any client coming to SCPS INC., DBA SCPS, physical location (For Example, a face-to-face meeting, client wishes to pick up any documents left at the receptionist for the client’s retrieval, needing to file a complaint, etc.….). The client is required to pick up the documents within 24 hours of the scheduled appointment or the client will be required to set a new appointment to retrieve their documents. The client agrees, understands, and authorizes, SCPS INC., DBA SCPS, to charge an inconvenience fee up to ($250.00) Two Hundred in Fifty Dollars for any client that arrives at SCPS INC., DBA SCPSs physical location without a scheduled appointment. All scheduled appointments will be emailed to the client as proof of an appointment. The amount decided to be charged will be at a manager’s discretion, the amount will automatically be deducted from your (the client) debit/credit card on file.
17. SCPS INC., DBA SCPS, will complete any proof of service, a proof of service and declaration of due diligence, a cover sheet and a declaration of due diligence, or affidavit of service, at their own convenience. When completed the proof of service, the proof of service and declaration of due diligence, the cover sheet and a declaration of due diligence, or the affidavit of service will be sent to the client at SCPS INC., DBA SCPS, discretion. The client may request the document is delivered to them at a specific date, however SCPS INC., DBA SCPS, will send the documents at SCPS INC., DBA SCPS, discretion.
18. Single Service Attempts are attempted at SCPS INC., DBA SCPS, convenience. The total amount may be discounted at a manager’s discretion (e.g., Fuel charge discount, administration discount, page printout discount, etc.…). The client agrees and understands that SCPS INC., DBA SCPS, will charge the client per service attempt prior to the service attempt being completed. The client has the choice to choose how many service attempts are attempted. Once the service attempts have been completed the client will receive a proof of service and or a declaration of due diligence with a cover sheet.
19. SCPS INC., DBA SCPS, Single Service Attempt includes up to (1) address, additional addresses provided by the client will result in an additional Single Service Attempt charges. All Single Service Attempts are non-refundable. The clients will pay for all services prior to the server going to attempt the service.
20. 30-Day-Forfeit-Policy In the event the client if a client does not give SCPS INC., DBA SCPS, the required information to complete services to be rendered. The client will forfeit any work to be performed and payments made towards services to be performed after 30 day.  [For example, John Doe (a client) hires SCPS INC., DBA SCPS, to preform service, however John Doe (a client) does not provide SCPS INC., DBA SCPS, documents to be served and 30 days have elapsed from the date of purchasing the services. John Doe (a client) will forfeit any work to be performed and the payment made for services to be
    rendered. If John Doe wishes to have his documents served, John Doe must reorder new services.]
21. SCPS INC., DBA SCPS, may hire out service to a third party, by doing so, the third party will be responsible for any and all services to be rendered.
22. SCPS INC., DBA SCPS, Single service attempts include service by mail or electronic email. Each proof of service provided by service by mail is a separate charge. Single Service attempt is known as “Service by mail”.
23. SCPS INC., DBA SCPS, will keep your (the client) credit/Debit card on file. The client agrees, understands and authorizes SCPS INC., DBA SCPS, to charge your (the client) card on file for any reason (e.g. violation of any above policies, additional funds required to complete services, additional court cost etc..).
24. By agreeing to the terms, conditions and policy, the client agrees, understands, and authorizes SCPS INC., DBA SCPS, to keep the clients credit/debit card on file. The client agrees, understands and authorizes the charge to the clients’ credit/debit card for the agreed upon purchases, along with any future scheduled payments, fees, costs, and/or any other charges that may be charged to the client for any reason. The client understands, the client(s) information and credit card will be saved on file for future transactions and or charges on their (the client) account. Signature below will confirm agreement and acknowledgement of this contract in its entirety.
25. SCPS INC., DBA SCPS, cannot perform service for clients who do not give SCPS INC., DBA SCPS, the complete and accurate information to do so. All Services to be rendered will be rendered at SCPS INC., DBA SCPS convenience.
26. SCPS INC., DBA SCPS, Same day service will be able to be rendered by SCPS INC., DBA SCPS, if the client provides SCPS INC., DBA SCPS all information before 11:00 AM. In the event, SCPS INC., DBA SCPS receives the information for service after 11:00 AM, the Same Day Service may have to be performed the next day. The client understands this prior to paying for Same Day services.
27. Regarding email correspondence, SCPS INC., DBA SCPS, will refer to its valued client(s) by their first name. In the event, a business pays for services, SCPS INC., DBA SCPS will refer to the business employee(s) first name who is directed by that business to correspond with SCPS INC., DBA SCPS. This is to assure SCPS INC., SCPS correspondence is organized in the most efficient way possible within SCPS INC., DBA SCPS CRM files. 

29. It is the client(s) responsibility to inform SCPS INC., DBA SCPS, if the servers of SCPS INC. DBA SCPS are serving a business or a person. If the clients fail to inform SCPS INC., DBA SCPS, that the client is requesting services to have a business or person served SCPS INC., DBA SCPS servers will serve the clients documents as if a person is being served during the ordinance hours of 7:30 AM – 10:00 PM. Furthermore, this means that if the client is serving a business with the hours of operation of 9:00 AM – 10:00 AM, and the client fails to inform SCPS INC., DBA SCPS that the client is having a business served. The server of SCPS INC., DBA SCPS may attempt service outside of the normal business operation hours. Any attempts made will be considered valid attempts and will be stated on the Declaration of Due Diligence or Proof of Service. Any payments made for the service attempts, being considered valid, will not be refundable to the client. If all contracted attempts have been completed, services will be considered rendered and completed.

30. A services rendered by SCPS INC., DBA SCPS, will be considered same day, if payment and information is delivered to SCPS INC., DBA SCPS, prior to 11:00 AM that same day. Any payments or information given after 11:00 AM will constitute as next day service. 

31. SCPS INC., DBA SCPS, in the event a client pays for same day service, however does not provided SCPS INC., DBA SCPS with the required information and payment of services prior to 11:00 AM, the services rendered may be preformed the following day.
32. SCPS INC., DBA SCPS, will perform scheduling work within our service department once services have been paid for, by doing so the client understands that all payments are non-refundable, unless directed to do so by a manager.
33. SCPS INC. DBA SCPS, A Client who disputes a payment after services have been rendered may result in either; legal litigation or will be sent to a collections agency. Any legal litigation costs will be passed onto the client. 
34. SCPS INC., DBA SCPS, Orders placed outside of business hours policy… Any orders placed outside of business hours will begin the following business day. Example, A client placed a Process of Service order on Saturday, January 1st, 2020 at 8:00am. The order is for same day service. The order will be processed and begin on Monday, January, 3rd, 2021.
35. Invalid address policy….. In the event a client provides an invalid address. The client will receive a declaration of due diligence after the service attempt has been completed at the invalid address. Since each order placed includes 1 address for process of service and the provided address is invalid, the process of service order the client has placed will will then be marked as completed. Any additional attempts at another address will require an additional order. 
36. SCPS INC., DBA SCPS, does not and cannot guarantee any services to be successful.