W-W-ONETOUCH, INC., herein referred to as “WWOT”,
thanks you for the opportunity to serve your court filing and process serving requests
(the “Services”) under the terms and conditions of this W-W-ONETOUCH, INC. Agreement
( "Agreement"). Please diligently read and understand the entire contents of this
Agreement before using the W-W-ONETOUCH, INC. website or Services.
Acceptance of Agreement Please check the box “I Accept” below to signify
your acceptance of this Agreement. Regardless of such acceptance, your use of WWOT’
s website and Services will constitute your consent and agreement to be bound by
all terms and conditions of this Agreement (as amended from time to time). If you
are not making this Agreement on your own behalf, you represent and warrant that
you are legally authorized to enter into the Agreement on behalf of the party you
represent and that your actions will legally bind such party. If you do not agree
with the terms and conditions in this Agreement, please immediately cease the use
of the website and WWOT will be unable to provide any Services to you. YOUR USE
OF THE WWOT WEBSITE AND THE WWOT SERVICES INCLUDE A BINDING ARBITRATION PROVISION
SET FORTH BELOW.
Independent Contractors You and WWOT shall remain independent contractors
with respect to each other. Neither you nor WWOT is an employee, agent, representative,
broker, or partner of one another Nothing herein shall be deemed to establish a
partnership, joint venture, or agency relationship between the parties. Neither
party shall have the right to obligate or bind the other party in any manner to
any third party.
Password Protection You agree to be responsible for choosing and maintaining
the password’s confidentiality. That you will choose as part of the registration
process for the Services (the "Password"). You agree to be liable for all uses of
your Password whether or not actually authorized by you, including, but not limited
to uses of your Password to enter the website and payment of filing or other fees
to WWOT or to others. If for any reason you feel either your account number or your
password has been compromised or duplicated, you must immediately contact WWOT at
info@wwonetouch.com or call 714-517-9155 to change your password or
account number and to stop any service requested.
Amendments WWOT may amend this Agreement at any time and will provide notice
of any such amendment, on the website. Your use of the WWOT website or Services
after the effective date of any amendment shall constitute your consent to be bound
by the Agreement as amended. In addition, by accepting or using the WWOT website
or Services, you agree to periodically review this Agreement and be bound by any
amendments to the Agreement.
Representations and Acknowledgements By using the WWOT website, you represent
that (1) you agree to adhere to the laws and regulations of the State of California;
(2) you acknowledge that any information provided by WWOT to you in the course of
performing the Services may be derived from local government agency databases with
respect to which WWOT has no control, (3) WWOT shall have no liability whatsoever
with respect to such information, including, without limitation, in the event any
such information is inaccurate, out of date, contains errors or omissions, or is
otherwise incorrect in any way; and (4)
You acknowledge that WWOT is not responsible for notifying you of changes to court
rules. At no time shall any contact between you and WWOT constitute the giving of
legal advice by WWOT.
You agree to use reasonable efforts to take precautions against the contamination
of your computer systems and files by software viruses, worms or other malicious
agents. At a minimum, such precautions shall include the installation, upgrading
and use of commercial virus detection software to scan files and documents transmitted
to WWOT.
Fees WWOT has the sole discretion to determine the fees charged to you for using
its website or Services. Fees for the WWOT Services may vary by jurisdiction. WWOT does
not charge a fee in connection with advancing funds on your behalf. WWOT reserves the right
to change its fee structure at any time. WWOT will provide notice of any such changes to its
fee structure. By accepting or using the WWOT website Services after such notice is provided,
you agree to be bound by any such fee changes. You understand and agree that we may advance
filing fees, witness fees, etc. (collectively, "Disbursements") on your behalf in connection
with the Services. By using the Services you will be deemed to have requested us to advance such
fees and agree to repay such advances on the terms and conditions set forth in this Agreement
and the applicable invoice.
WWOT will advance such fees for clients provided the client is in good standing.
Payments by credit cards will incur a 3.5% merchant fee on all invoices being paid for fees
advanced and WWOT services provided. The 3.5% merchant fee will be multiplied by the payment
total and then added to the payment total for each specific payment completed by credit card.
WWOT charges a fee of $35 for returned checks.
Payment Terms You must submit and have an account accepted and established with WWOT prior
to any Services being performed. When establishing an account with WWOT, a valid credit card must
be placed on file with us as a form of payment upon completion of services rendered as stated on
WWOT invoices.
Payments by credit card will incur a convenience fee of 3.5% of the total payment for Services charged.
In the event ‘Net’ payment terms are agreed upon we require a valid credit card be on file to serve as
a form of back-up payment should the ‘Net’ payment terms be breached. You will be billed for all Services
provided and all Disbursements made on your behalf. You agree to pay all invoices in full, immediately, upon completion
of services rendered. In the event ‘Net’ payment terms are agreed upon you agree to pay all invoices in
full within the agreed upon credit terms. (Example: Net 15 days); Alternate payment terms are available
upon request and are subject to the approval of WWOT. WWOT reserves the right to deny or refuse extended
payment terms for any reason. Payment for Services rendered by WWOT is non-refundable. In the event ‘Net’
payment terms are agreed upon, non-payment for any outstanding invoice beyond the terms agreed is considered,
‘Delinquent’. In the event that invoices become delinquent due to non-payment beyond the net terms agreed upon,
WWOT reserves the right to charge the invoice amount to the credit card you have placed on file or any other form
of payment you have provided in your payment profile for your account. This includes but not limited to,
additional credit cards. In the event that invoices are not paid within
30 days from the date services are rendered, WWOT reserves the right to charge, and you hereby agree, a late fee at 1.5% / month, 18.00%
per year, from the date the fees were incurred for the total invoice amount of invoices outstanding over 30 days. Because
all transactions are conducted electronically, you agree that the physical credit card need not be present with WWOT in
order for the charge to the card to be valid, and you agree not to dispute the validity of any such charge on that basis.
You may have a third party, such as your client pay an invoice directly to WWOT. However, it is understood that WWOT has no
relationship with such third parties and has no obligation to collect from them. The payment obligation rests solely with
you, and WWOT will hold you liable for payment of any and all invoices. WWOT reserves the right to restrict, reduce or credit
the balance that a customer may owe us, for any reason. Should your account become delinquent and WWOT has to initiate a collections
effort, all reasonable collection costs and/or legal fees will be added to the balance due.
Customer Information and Online Registration Access to some areas and use
of some functions of WWOT Services or any URL utilized by WWOT websites may
require you to register. You agree to: (i) provide true, accurate, current, and
complete information about yourself and/or your organization, as appropriate, as
prompted by the WWOT registration form or any other form, including, but not limited
to, your e-mail address for notices and any other communications; (ii) maintain
and promptly update the foregoing to keep it true, accurate, current, and complete;
and (iii) provide any other information that WWOT may request of you from time to
time for purposes reasonably related to your use of the WWOT website or Services.
You acknowledge that, if any information provided by you is inaccurate, not current
or incomplete, WWOT reserves the right to terminate this Agreement and your use of
this website and related services
Privacy Policy WWOT respects your privacy and we understand the importance
of protecting your personal and financial information. By your use of the WWOT website
or Services, you agree to the terms and conditions included in the WWOT Privacy Policy,
which is posted on the WWOT website.
Services Provided As Is - No Warranties You agree that your use of WWOT Services
and information on the website is at your own and sole risk. All Services are provided
on an "AS IS" and "AS AVAILABLE" basis. WWOT disclaims all warranties and duties
of any kind, express, implied or statutory, including, but not limited to, any implied
warranties of merchantability or fitness for a specific purpose, non- infringement
or title, duties of workman-like effort, or lack of negligence. WWOT assumes no responsibility
for errors or omissions on its website and is not responsible in any way for the
functionality, specifications, or any other aspect of the items posted. WWOT does
not guarantee continuous, uninterrupted or secure access to onetouchlegal.com or
WWOT Services or that defects in its website will be corrected. You are responsible
for implementing sufficient procedures to satisfy your particular requirements for
protection of your system and/or accuracy of data, and for maintaining a means of
reconstruction of lost data. Without limiting the above, you agree that WWOT and
its parent corporations, subsidiaries, partners, employees, agents, affiliates,
subcontractors, and/or consultants do not make any warranties or undertake any duties
regarding, without limitation, the following: (i) Infringement of title or quiet
enjoyment; (ii) Functionality, including functionality of search or retrieval software;
(iii) Accuracy, completeness, or completion of forms; (iv) Receipt of DOCUMENTS
by local governments; (v) Appropriateness or propriety of DOCUMENTS pulled for a
particular job; (vi) Approval of DOCUMENTS by local governments; (vii) Timeliness
of Services; (viii) Uninterrupted, secure, error or virus- free service or storage;
and (ix) Adequacy of fees paid to local governments. With respect to filing documents
with the court, you are solely responsible for transmitting documents correctly
and in a timely fashion, for confirming the filing charges on the receipt, and for
checking and responding to notifications, email or otherwise, for rejected filings
or documents. If you do not receive an email confirmation within (3) days (or before
the expiration of any filing or service deadline) documenting the completion of
your assignment, it is your responsibility to immediately contact WWOT and provide
details of the document transmission, including the original filing or service receipt,
which was generated at the time the filing or service was performed by WWOT, to enable
WWOT to determine what action should be taken, and if necessary to manually file
and serve such documents before the expiration of any applicable deadline. You waive
and release any claims based upon errors, defaults, or omissions if you fail to
provide notice and/or resubmit to the Court or otherwise comply with this paragraph.
Sole Remedy You agree that your sole remedy for any breach of this Agreement
by WWOT or any of its parent corporations, subsidiaries, partners, employees, agents,
contractors, or consultants (together “WWOT Parties”) shall, at the option and sole
discretion of WWOT, be the following: (i) correction of any Service causing you damage;
or (ii) refund of the amount you paid for the Service that caused damages incurred
by you in reasonable reliance on the Service.
Limitation of Liability YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT NONE OF
THE WWOT PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER WITH RESPECT TO ANY ACTIONS
OR OMISSIONS BY ANY COURT WITH WHOM ANY WWOT PARTY INTERACTS IN CONNECTION WITH THE
SERVICES. IN PARTICULAR, NONE OF THE WWOT PARTIES SHALL HAVE ANY LIABILITY WITH RESPECT
TO ANY COURT AND/OR GOVERNMENT AGENCY'S FAILURE TO PROPERLY OR TIMELY RECEIVE, FILE
OR PROCESS ANY DOCUMENTS OR OTHER MATERIALS TRANSMITTED BY ANY WWOT PARTY ON YOUR
BEHALF. NO WWOT PARTY SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE
OF ANY KIND RESULTING FROM YOUR USE OF THE WWOT WEB SITE, THE CONTENT, THE COMMENTS,
THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE
AREA OR ANY THIRD PARTY COMMUNICATIONS.
No Incidental or Consequential Damages WWOT SHALL NOT BE LIABLE FOR ANY SPECIAL,
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM,
OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE
INTERACTIVE AREAS, THE CONTENT, THE COMMENTS, OR ANY THIRD PARTY COMMUNICATIONS
EVEN IF WWOT HAS BEEN APRISED OF THE POTENTIAL OF SUCH DAMAGES.
Indemnification You agree to indemnify, defend, protect and hold harmless
all of the WWOT Parties its parent corporation, subsidiaries, successors, assigns,
partners, employees, from and against all losses, claims, and expenses (including
attorneys' fees and costs) incurred by WWOT rising out of or relating to your breach
of any terms of this Agreement, the determination by a jurisdiction that you have
improperly utilized the Services of WWOT to violate the laws and regulations of the
jurisdiction; your use of the WWOT Services or your failure to pay any sums due WWOT
or any local government; or your providing, out of date, inaccurate ,errors or omissions,
or otherwise incorrect information as well as any action taken by you as a direct
or indirect result of the information displayed on the WWOT website. You agree that
WWOT shall have the right to participate in the defense of any such claim through
counsel of its own choosing. You agree to notify WWOT of any such claim, immediately
upon learning of such claim, in writing and to allow WWOT to control the proceedings.
You agree to cooperate fully with WWOT during such proceedings.
Termination or Cancellation WWOT has the right to terminate your use of the
WWOT website and services, upon notice, for any reason or no reason at all.. You
may terminate this Agreement at any time following written or electronic notice
to WWOT.
Intellectual Property You agree that WWOT holds all rights, title and interest
in the Services, the website, and all forms and materials provided to You by WWOT.
Intellectual property laws protect some of the Services,, including other rights
related to intangible property related thereto, including but not limited to copyrights,
patents, Trademarks, and trade secrets (“Intellectual Property”). WWOT reserves all
rights not expressly granted in this Agreement. All content, text, images, data,
information and other material displayed, available or present on this website (“Content”),
including any Intellectual Property rights in such Content are the property of WWOT,
You should assume that everything you see or read on this website is copyrighted
unless otherwise noted, and may not be used without our written permission. You
also agree not to access the Services by any means other than through the interface
that is provided by WWOT on the website. WWOT has the right to monitor your use of
the WWOT website to assure compliance with these Terms of Service.
Control of Web Site WWOT has sole control over the use of the WWOT web sites
and has the right to deny the use, prohibit
or delete any materials or communications for any reason.WWOT reserves the right
at any time and without prior notice to change the hours of operation to limit your
access to WWOT in order to perform repairs, make modifications as a result of circumstances
beyond the reasonable control of WWOT and to add or withdraw products or features
to or from WWOT at any time. WWOT may in its discretion modify, edit, translate, suspend,
restrict access to or terminate this website, this Agreement, the content or any
link on this website, or the Services at any time without liability or prior notice.
WWOT may in its discretion terminate the browsing of, registration with and use of
this website by any user at any time without liability or prior notice for any reason,
including for any breach of this Agreement.
Notices All notices shall be in writing and sent either to the postal or
email address. You agree that all notices sent to you will be to the address you
have on file with “WWOT”. Notices from You to “WWOT” shall be made to Chief Executive
Officer WWOT 16700 Valley View Ave, Suite 340, La Mirada, CA., 90638. Notices shall
be sent by express delivery service to the other party unless sent via e- mail.
Notices shall be effective on the date the notice is delivered to the addressed
party at the applicable address in the case of delivery by express overnight service.
Notices sent by e-mail shall be effective on the date they are sent. Either party
may change its address by written notice to the other party in the manner set forth
above
Arbitration WWOT AND YOU AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN
US. This agreement to arbitrate is intended to be broadly interpreted. It includes,
but is not limited to: (i) 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; (ii) claims that arose before these or any prior Terms
of Service were adopted; (iii) claims that are currently the subject of purported
class action litigation in which you are not a member of a certified class; and
(iv) claims that may arise after the termination of these Terms of Service. References
to "WWOT," "you," and "us" include our respective subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all authorized
or unauthorized users of the Services under these or prior Terms of Service between
us, You agree, by entering into these Terms of Service, that you and WWOT each are
waiving the right to a trial by jury or to participate in a class action. These
Terms of Service evidence a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement of this provision. This
arbitration provision shall survive termination of these Terms of Service. For all
disputes, whether pursued in court or arbitration, you must first give us an opportunity
to resolve your claim by sending a written Notice of Dispute to WWOT at the following
address: Vice president Administration, WWOT, 16700 Valley View Ave Suite 340 La
Mirada CA 90638. The Notice must set out the nature and basis of the claim or dispute
in detail and set forth the specific relief sought. If WWOT and you do not reach
an agreement to resolve the claim within 30 days after
Notice is received you or WWOT may commence an arbitration proceeding. WWOT and you
agree that all disputes arising under this Agreement shall be brought by you in
your individual capacity, and not as a plaintiff or class member in any purported
class or representative proceeding, and shall be resolved by confidential binding
arbitration administered by the American Arbitration Association (“AAA”) in Los
Angeles, California, or another forum mutually agreed upon by you and WWOT, pursuant
to the Commercial Arbitration Rules (“Rules”) of the AAA by a sole arbitrator nominated
by agreement of you and WWOT and confirmed in accordance with the Rules. The arbitrator’s
award shall be binding and may be entered as a judgment in a court of competent
jurisdiction. You agree that WWOT is entitled to obtain preliminary injunctive relief
to the extent allowed by law to enforce any of the terms of this Agreement pending
a final arbitral decision.
Unsuitable Content and Conduct You agree not engage in conduct or submit
to this website any material that is illegal, inaccurate, misleading, misappropriated,
infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable.
You agree not to cause damage, embarrassment or adverse publicity to WWOT.
Force Majeure WWOT shall not be responsible for delays or failure in performance
resulting from acts beyond its reasonable control. Such acts shall include but not
be limited to acts of God, war, and riot, actual or threatened acts of terrorism,
labor stoppages, governmental actions, fires, floods, utility failures and earthquakes.
You agree not to hold “WWOT” liable for any of the consequences of such interruptions
whether temporary or permanent.
Amendments and Updates WWOT may at any time update and revise this Agreement
by posting an amended Agreement on this website; any changes that WWOT makes to this
Agreement will be effective immediately upon posting.; You will be able to determine
if this Agreement has been changed since your previous visit by viewing the “Latest
Updated” information that appears next to this Agreement. Your use of this website
following the posting of any changes constitutes acceptance of those changes. Please
check this page periodically for changes to the Agreement.
Taxes Any taxes which WWOT may be required to pay or collect under any existing
or future law in connection with providing you with the Services shall be charged
to your account.
Functional Compatibility and System Abuse When submitting content, documents
or other information to onetouchlegal.com, you agree to submit only content, documents
or information that is functionally and technically compatible with this website.
You agree not attempt to and will not damage, corrupt, tamper with or infect this
website, the content or any information or telecommunication system of WWOT with
a virus or other malicious computer program. You agree to only use this website
for the permitted purposes stated in this Agreement, and will not engage in abusive
activity with respect to this website.
Third Party Rights The provisions in this Agreement are for the sole benefit
of you, the WWOT Parties and the assigns of WWOT. Neither party shall have the right
to obligate or bind the other party in any manner to any third party.
Third Party Sites and Other Information This website may contain as a convenience
to you, links to other websites and information that are not under WWOT’s control.
WWOT has no obligation to monitor, control or restrict the use of any third party
websites accessible via links on this website. These other sites are not under WWOT’s
control, and you acknowledge that (whether or not such sites are affiliated in any
way with WWOT) WWOT is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of such sites. The inclusion of such
a link does not imply endorsement of any site by WWOT or any association with its
operators.
General Provisions Neither this Agreement nor any part or portion may be
assigned or otherwise transferred by the customer without WWOT’s prior written consent.
Should any provision of this Agreement be held to be void, invalid, unenforceable
or illegal by a court, the validity and enforceability of the other provisions will
not be affected thereby. Failure of any party to enforce any provision of this Agreement
will not constitute or be construed as a waiver of such provision or of the right
to enforce such provision. The headings and captions contained in this Agreement
are inserted for convenience only and do not constitute a part of this Agreement.
The failure of either party to insist upon or enforce strict performance by the
other party of any provision of this Agreement or to exercise any right under this
Agreement shall not be construed as a waiver of the right of such party to assert
or rely upon such provision or right in that or any other instance.
Assignment You may not assign any of your rights under this Agreement without
the prior written consent of WWOT... any such attempted assignment shall be null
and void and a breach of this Agreement. WWOT may assign any of its rights or delegate
any of its duties hereunder to any party whatsoever
Severability You agree that the terms of this Agreement are severable. If
any part of this Agreement is determined to be invalid or unenforceable pursuant
to applicable law, the unenforceability of any provision shall not affect the enforceability
of any other provision of this Agreement. The remaining terms and conditions of
the Agreement will remain in full force and effect.
Waiver The failure of either party to insist upon or enforce strict performance
by the other party of any provision of this Agreement or to exercise any right under
this Agreement shall not be construed as a waiver of the right of such party thereafter
to enforce such provisions.
Miscellaneous; Entire Agreement You agree that this agreement (which includes
all current Amendments, the WWOT Privacy Policy, your Open Credit Account form, Application
for Credit including your registration form the complete and only agreement between
you and WWOT regarding the services. If any provision of this Agreement is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the intentions of the parties as
reflected in that provision and the allocation of risks set forth in this Agreement,
and agree that the remaining provisions of this Agreement shall remain in full force
and effect.
Governing Law; Jurisdiction This Agreement shall be governed by the laws
of the State of California without regard to its conflict of law provisions.
Acknowledgement You confirm that you have read and understand this Agreement
and state that you agree to be bound by the terms and conditions contained in this
Agreement.