ProcessCase Terms of Service

By using the ProcessCase Mobile Application (“PC Mobile App”), the processcase.com and processportalonline.com web sites (“Service”), and all services of ProcessCase (“PC”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

PC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.processcase.com/terms.html

Violation of any of the terms below will result in the termination of your Account. While PC prohibits such conduct and Content on the Service, you understand and agree that PC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

PC Mobile App Services

In accordance with the ProcessCase Terms of Service, and through its PC Mobile App, PC agrees to provide only to (i) process servers currently licensed by the Department of Consumer Affairs of the City of New York (“DCA-NY”), or (ii) process serving agencies currently licensed by the DCA-NY  ((i) or (ii) hereinafter, “you” or “valid process server”), services that enable you to meet the data storage and retrieval requirements set forth in paragraph (4) of Subchapter W of Chapter 2 of Title 6 (“§ 2-233b Electronic Record of Service”) of the Rules of the City of New York:

(4) Data Storage and Retrieval. The electronic record must be automatically transmitted electronically from the mobile device to the Contractor as soon as a GPS or cellular signal is available and location, date and time are entered into the electronic record. The Contractor must store the electronic record according to the following terms:

(i) the original digital file must be maintained by the Contractor unaltered for a period of not less than seven years;

(ii) neither the process server nor the process serving agency will be permitted to alter the original data, but may obtain copies of the original data file;

(iii) the Contractor must maintain the records in a manner that will permit retrieval by the DCA license number of the process server, the DCA license number of the process serving agency that has distributed the process for service, the name of the plaintiff or petitioner, the name of the defendant or respondent, the docket number (if any), the name of the person to whom process is delivered and a unique file identifier of the process being served;

(iv) the Contractor must maintain the records in a manner that will ensure that their integrity is adequate for admissibility in a judicial proceeding under the rules of evidence applicable in the state of New York;

(v) the Contractor must produce upon request by the Department, and to any other party according to an appropriate order or subpoena, a copy of the electronic records, or any reasonably described part involved, certified to be true and accurate;

(vi) the Contractor must provide to the Department upon request a street map in hard copy format and access to an interactive electronic street map that display the locations where the digital records were recorded with a date and time provided by GPS or cellular date and time;

(vii) the Contractor must provide to the Department upon request, and to any other party according to an appropriate order or subpoena, such software as may be necessary to display the electronic records in an MS Excel spreadsheet, 2003 version or later, with the following fields and in the following data formats:

  1. a)Plaintiff or petitioner, which must be specified by the last name of the first plaintiff, or, if not a natural person, the name of the entity, except that the field may contain the name of every plaintiff or petitioner in the case, provided that the entire record is searchable by a wildcard search of the name of any plaintiff or petitioner; 

  2. b)Defendant or respondent, which must be specified by the last name of the first defendant, or, if not a natural person, the name of the entity, except that the field may contain the name of every defendant or respondent in the case, provided that the entire record is searchable by a wildcard search of the name of any defendant or respondent; 

  3. c)the full docket number, which must be entered with all information necessary to identify the case, such as XXXXXX/XX, unless the case is a Civil Local matter, in which case, it will include the prefix of CV, CC, LT, MI, NC, RE, SC, or TS; 

  4. d)the date that service was effected or attempted according to the device, which must be entered as MM/DD/YYYY; 

  5. e)the time that service was effected or attempted according to the device, which must be entered in military time; 

  6. f)the date that service was effected or attempted according to GPS or cellular signals, which must be entered as MM/DD/YYYY; 

  7. g)the time that service was effected or attempted according to GPS or cellular signals, which must be entered as military time; 

  8. h)the address where service was effected or attempted, which must consist of four fields in the following order: building number, street name, city; and zip code, which must be five digits. All address information must be CASS (Coding Accuracy Support System) processed to insure its accuracy with software graded to be CASS Certified by the National Customer Support Center of the United States Postal Service; 

  9. i)the name of the intended recipient of the process, which must be entered in two data fields such that the first data field is the last name of the intended recipient, or, if not a natural person, the name of the entity, and the second data field is the first name of the intended recipient if a natural person. 

  10. j)the name of the person to whom process was delivered, which must be entered in two data fields such that the first data field is the last name of theperson, and the second data field is the first name of the person. 

Account Terms

  1. 1.You must be a valid process servicer to use this Service. 

  2. 2.Account must be operated by human. Accounts registered by “bots” or other automated methods are not permitted. 

  3. 3.You must provide your company's legal full name, a valid email address, and any other information requested in order to complete the signup process. 

  4. 4.You are responsible for maintaining the security of your account and password. PC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 

  5. 5.You are responsible for all Content entered and activity that occurs under your account. PC only act as an electronic medium to communicate between you and and your client. We will not be responsible for the accuracy of information entered by you or your staff. 

  6. 6.You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

Violation of any of these agreements will result in the termination of your Account. While PC prohibits such conduct and Content on the Service, you understand and agree that PC cannot be responsible for the Content submitted to the Service. You agree to use the Service at your own risk.

API Terms

Customers may access their processcase.com account data via an API (Application Program Interface) such as Batch File Upload and Download (including by limited to XML-RPC, CSV, Plain Text File). Any use of the API, including use of the API through a third-party product that accesses processcase.com, is bound by the terms of this agreement plus the following specific terms:

  1. 1.You expressly understand and agree that PC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PC has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. 

  2. 2.Abuse or excessively frequent requests to PC via the API may result in the temporary or permanent suspension of your account's access to the API. PC, in its sole discretion, will determine abuse or excessive usage of the API. PC will make a reasonable attempt via email to warn the account owner prior to suspension. 

  3. 3.PC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice. 

Payment, Refunds, Upgrading and Downgrading Terms

  1. 1.A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. 

  2. 2.The Monthly Service Fee is billed in advance on a monthly basis and is non-refundable. The Usage Fee are billed at end of the month. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. 

  3. 3.All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. 

  4. 4.For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. 

  5. 5.Downgrading your Service may cause the loss of Content, features, or capacity of your Account. PC does not accept any liability for such loss. 

Cancellation and Termination

  1. 1.You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link. 

  2. 2.If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. 

  3. 3.PC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other PC service, for any reason at any time. 

Modifications to the Service and Prices

  1. 1.PC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. 

  2. 2.Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the processcase.com Site (www.processcase.com) or the Service itself. 

  3. 3.PC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. 

Copyright and Content Ownership

  1. 1.We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. 

  2. 2.PC does not pre-screen Content, but PC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. 

General Conditions

  1. 1.Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. 

  2. 2.Technical support is only provided to paying account holders. 

  3. 3.You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, PC, or any other PC service. 

  4. 4.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PC. 

  5. 5.We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

  6. 6.You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

  7. 7.You must not transmit any worms or viruses or any code of a destructive nature. 

  8. 8.If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by PC) of other processcase.com customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption. 

  9. 9.PC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. 

  10. 10.You expressly understand and agree that PC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. 

  11. 11.The failure of PC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PC and govern your use of the Service, superceding any prior agreements between you and PC (including, but not limited to, any prior versions of the Terms of Service). 

  12. 12.Questions about the Terms of Service should be sent to support@processcase.com.