Updated July 21, 2025
You have reached a website owned and operated by InfoTrack US, Inc. (for purposes hereof, InfoTrack US, Inc., along with its subsidiaries, is referred to herein as “InfoTrack”), a Delaware corporation. InfoTrack websites and properties include, without limitation, ”www.ServeManager.com” and “www.processservers.com” (as applicable, and whether plural or singular, the “Site”). The following Terms of Use (the “Agreement” or the “Terms,” used interchangeably) govern your use of the Site and the software offered through the Site (collectively, “ServeManager”), and any other related services or materials (the “Services”) offered to you by InfoTrack through ServeManager.
InfoTrack offers ServeManager and the Services subject to the following Terms, which may be periodically revised, updated, amended, or supplemented (collectively, “Modifications”) by InfoTrack or its affiliates without notice to you. All Modifications are effective immediately after posting on the Site and apply to all access and use thereafter. You are responsible for regularly reviewing these Terms and any additional updates. Your use of ServeManager and the Services constitutes your acceptance and agreement to such changes. We encourage you to refer to these Terms on an ongoing basis.
By accessing or using ServeManager, you expressly acknowledge and accept the terms and conditions outlined in this Agreement. It is your responsibility to review and understand this Agreement in its entirety. ServeManager reserves the right to modify or amend this Agreement at any time, and your continued use of the Services constitutes your acceptance of any such changes. If you do not agree to the terms and conditions set forth in this Agreement, you must discontinue your use of ServeManager immediately.
INFOTRACK OFFERS SERVEMANAGER AND THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF SERVEMANAGER AND THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
InfoTrack provides end users of ServeManager with various case management options to assist in process service through the facilitation of information. ServeManager offers features including, without limitation, company directories, tools to create affidavits, mobile site & GPS data, client invoicing and accounting. You understand and agree that ServeManager is being provided on the basis you initially elect (e.g., currently month-to-month but annual contracts may be available) and, after any trial that may be available, requires payment from you in order to access ServeManager (as more fully set forth in Section 7 below). Unless explicitly stated otherwise, any new features that change or enhance the current Service, including the release of new features, shall be subject to this Agreement. You understand and agree that ServeManager and the Services are provided “AS-IS” (as more fully set forth in Section 17 below) and that InfoTrack assumes no responsibility for the timeliness, deletion, erroneous data or failure to store any user communications or personalization settings or data.
You are responsible for obtaining access and utilizing ServeManager and that access and utilization may involve third party fees (such as internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access ServeManager and any of the Services, unless otherwise explicitly stated by InfoTrack.
InfoTrack does not provide any type of service to any of your computer hardware or software. InfoTrack has no obligation to provide technical support. However we may provide technical support at our sole and complete discretion which is presently available by calling 1-800-280-4400 from Monday – to Friday during the hours of 9am until 6pm Mountain Time. You understand and agree that, to the fullest extent of the law, InfoTrack is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to any loss of revenue, arising from technical support provided to you.
You acknowledge and agree that ServeManager contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that InfoTrack or its suppliers own the title, copyright, and other intellectual property rights in ServeManager and the Services and that ServeManager is licensed, not sold. All right, title and interest in and to ServeManager, the Services, or any other InfoTrack technology, materials, systems, software (including, without limitation, any source or object code), applications, platforms, services (and the results thereof), data, features, goods, services, utilities, specifications, techniques and any and all other tangible or intangible materials, without limitation, all patents, copyrights, trademarks, trade secret, common law right, title, or slogan or other proprietary or intellectual property rights related will remain the exclusive property of InfoTrack and/or its affiliates.
InfoTrack grants you a personal, non-transferable and non-exclusive right and license to use ServeManager provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in ServeManager. You agree not to modify ServeManager in any manner or form, or to use modified versions of ServeManager, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access ServeManager or the Services by any means other than through the interface that is provided by InfoTrack for use in accessing ServeManager.
Except as explicitly noted herein, and without explicit written approval, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents contained in ServeManager or any related software.
For permission and a limited license to (re)distribute any InfoTrack content, please contact us at [email protected].
InfoTrack reserves all rights to ServeManager and the Services not expressly granted to you in this Agreement. InfoTrack may terminate your ability to utilize ServeManager at any time and for any reason at its sole discretion. InfoTrack may upgrade, enhance and further develop ServeManager, or any other Services provided by InfoTrack.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written text that appear as part of ServeManager constitute, as applicable, copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by InfoTrack. You agree that the materials and services offered by ServeManager are protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by InfoTrack.
You may download or copy the contents and other downloadable materials displayed on ServeManager for your personal and non-commercial use only. No other right, title or interest in any contents, including downloaded materials or software, shall be transferred to you as a result of any such downloading or copying.
In consideration of your use of ServeManager and the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to form a binding contract under applicable law and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You covenant and agree to (i) provide legitimate, true, accurate, current and complete information about yourself and your company as prompted by the ServeManager registration form and (ii) maintain and promptly update the registration data to keep it legitimate, true, accurate, current and complete.
Upon completing the registration process, you may create a user name and password. It is your responsibility to secure such passwords and account information. You are completely and fully responsible for any and all activities, including electronic messages that take place under your password or account. You agree to (i) immediately notify InfoTrack of any unauthorized use of your password or account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. InfoTrack cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
The non-exclusive, revocable, personal, non-transferable license to utilize ServeManager is contingent upon payment in full of your invoice based upon the desired level of service you choose. Pricing for ServeManager may be found at https://www.ServeManager.com/pricing.
ServeManager is made available on a pay-as-you-go basis. InfoTrack may, in its sole discretion, offer you a limited trial period to use ServeManager as described on the website (the “Trial Period”), subject to these Terms. The Trial Period may be extended in InfoTrack’s sole and absolute discretion. You may not be required to provide a credit card for the Trial Period, but you will be required to provide one if you elect to continue with a paid plan after the Trial Period. Monthly rates are determined by your number of jobs per month. By providing a credit card and electing a paid plan, you expressly authorize InfoTrack to automatically charge your credit card the applicable rate in advance on a monthly basis. Such charges will continue to be billed every month thereafter at the applicable rate until you cancel the service by contacting customer service. You represent and warrant that you have the legal right to use any credit card(s) you provide to InfoTrack.
There are no annual contracts required by InfoTrack. Your usage of ServeManager is on a monthly basis and is deemed to be recurring until such time as you notify InfoTrack in writing of your desire to cancel the service. You acknowledge and agree that you are obligated to pay InfoTrack the applicable monthly charges regardless of your actual usage of the service, and that non-use of the service does not exempt you from payment obligations until proper cancellation is completed by contacting customer service. Therefore, you agree to grant InfoTrack the legal authority to charge your credit/debit card on file or the credit/debit card previously submitted by you for any recurring monthly fees.
In the event your number of monthly jobs decreases such that your needs require a different paid plan, or if you wish to cancel, you must contact customer service to request the change. All service changes or cancellation requests must be submitted in accordance with the procedures specified on our Contact page at https://www.ServeManager.com/contact/new, which procedures are hereby incorporated by reference. InfoTrack reserves the right to modify such procedures at any time in its sole discretion.
In the event your number of monthly jobs decreases to qualify for a lower rate plan, no refund will be provided for the downgrade. At your request, for a downgrade, we will charge your payment method at the lower rate starting the following billing cycle and continuing until you request another plan change or cancel the services. If your number of monthly jobs exceeds your current plan’s limits, requiring an upgrade to a higher rate plan, you authorize us to: (1) immediately charge your payment method for the prorated difference between your current rate and the higher rate for the remainder of the current billing cycle; and (2) charge the full higher rate for subsequent billing cycles until you request another plan change or cancel the service. You understand and agree that there will be no refunds or credits for partial months of service, downgrade refunds or refunds for months unused with an open account. We reserve the right to modify our fees for any and all services, at any time. We will provide advance notice of any fee changes through email or in the form of an announcement on the Site. Unless otherwise required by applicable law, continued use of the service after the fee change takes effect constitutes your acceptance of the modified fees.
In the instance where multiple customers are collaborating on one unique job, that job will be debited from each collaborator's total monthly allocated job count.
In addition, special pricing may be available for clients with an exceptionally high volume of jobs. Please contact us at [email protected] to discuss. InfoTrack makes no guarantees that any particular client will receive special pricing.
ServeManager is intended for your business use and may not be reproduced, altered, sold, leased or in any way shape or form transferred to a third party. You will not use ServeManager in any way that is unlawful, or harms InfoTrack, its resellers, affiliates, service providers, distributors, and/or suppliers (each, an “InfoTrack Party” and collectively, the “InfoTrack Parties”) or any customer of an InfoTrack Party, as determined by the sole discretion and complete discretion of InfoTrack. You may not use ServeManager in any way that breaches any code of conduct, policy or other notice applicable to InfoTrack. Without limiting the generality of this Section 8, you may not use ServeManager in any manner that could damage, disable, overburden, or impair any, or interfere with any other party's use and enjoyment of ServeManager, any of its affiliate website(s).
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of ServeManager. Permission is granted to print mapping directions, affidavits, invoices, field sheets, accounting forms and e-mails in regards to you or your company business provided you do not modify the default materials and that you retain all copyright and other proprietary notices contained in the materials. You may, however, customize an affidavit, invoice or any form available for customization in ServeManager.
To the extent that ServeManager contains links to services and resources, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. InfoTrack makes no guarantees as to the accuracy of information contained on or made available through ServeManager and any such information is not intended to, and does not, constitute legal advice and no attorney-client relationship shall be created as a result of your use.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to InfoTrack, whether on or via ServeManager, or otherwise disclosed, submitted or offered in connection with your use of ServeManager (collectively, "Comments"), shall be and remain the property of InfoTrack. Such disclosure, submission or offer of any Comments shall constitute an assignment to InfoTrack of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, InfoTrack will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. InfoTrack is and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay to user any compensation for any Comments; or (iii) to respond to any user Comments.
You agree that no Comments submitted by you to ServeManager will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and you agree to comply with all applicable federal, state, local, and international laws and regulations. You further agree that no Comments submitted by you to ServeManager will be or contain libelous or otherwise indecent, offensive, harassing, violent, hateful, inflammatory, unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that InfoTrack may collect, use, and/or disclose aggregated, de-identified, or anonymized information about your demographics and use of ServeManager for any legitimate business purpose, including but not limited to analytics, research, marketing, and service improvements, provided that such information is processed in a manner that does not identify you personally and cannot reasonably be used to re-identify you. All such data usage shall comply with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and its amendments.
ServeManager may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content"), which are provided as a service to you interested in the information and/or in connection with your use of ServeManager. You understand and agree that your use of such links is at your own risk. The links are provided as a convenience only and their inclusion does not imply an endorsement, adoption or sponsorship of, or affiliation with, such Third Party Sites or Third Party Content. InfoTrack has no obligation to monitor, review or update any Third Party Sites or Third Party Content. In addition, InfoTrack expressly disclaims any and all liability related to the quality, accuracy, completeness, legality, reliability, or appropriateness of any Third Party Sites or Third Party Content. You understand and agree that when you leave ServeManager by clicking on a link to a Third Party Site, InfoTrack’s terms and policies no longer govern and it is your responsibility to review applicable terms and policies of the Third Party Site before proceeding with any transaction with any third party.
You acknowledge and agree that all information, data, text, software, graphics, messages or other materials (collectively "Data") is the sole responsibility of the person from whom such Data originated. You expressly acknowledge and agree that InfoTrack is not responsible or liable for any sensitive Data that you share with others through any means, including but not limited to, uploads, posts, transmissions or any other format whatsoever via ServeManager.
Upon cancellation of Services, you acknowledge and agree that InfoTrack may retain all Data transmitted or uploaded through ServeManager in accordance with applicable laws and regulations. You may submit a written request for the release or deletion of your Data, which InfoTrack will consider subject to the limitations described herein and applicable legal requirements. To the extent you have shared Data with another party using ServeManager, such Data cannot be deleted by InfoTrack. In addition, Data cannot be deleted by InfoTrack when a third party process server ("Third Party Server") is used. You understand and agree that job requests transmitted through ServeManager may be forwarded to a Third Party Server for processing. The Third Party Server may add notes, data, service attempts or other job related information to the job request. In such case, the information in the job request belongs to both InfoTrack and the Third Party Server and, consequently, the job request, including your Data, cannot be deleted by InfoTrack. In situations where Data can be deleted by InfoTrack and you request deletion of your Data, you understand and agree that the Data will be deleted in a reasonable amount of time and once deleted it cannot be recovered.
If you request release of the Data, InfoTrack will transmit such Data digitally in a commercially reasonable format at its discretion. InfoTrack makes no warranties or guarantees regarding the specific formatting of the delivered Data. InfoTrack reserves the right to charge a reasonable fee for the transmission and delivery of the Data.
You understand and agree that any request for deletion or release of the Data must be made in writing at the time of service cancellation. You are responsible for properly canceling your service by providing thirty (30) days prior written notice to InfoTrack’s customer service department. If you cancel service before the end of your current paid subscription period, your cancellation will take effect immediately and no refund will be issued for any unused portion of the subscription period. Upon cancellation, you will not be charged for future subscription periods.
Subject to the terms of our Privacy Policy appearing on ServeManager at www.ServeManager.com/pages/privacy-policy, you agree that InfoTrack may send electronic mail to you for the purpose of advising you of changes or additions to ServeManager, about any of InfoTrack's products or services, or for such other purpose(s) as InfoTrack deems appropriate.
Subject to the terms of our Privacy Policy appearing on ServeManager at www.ServeManager.com/pages/privacy-policy, InfoTrack shall have the right, but not the obligation, to monitor the content of ServeManager, including Comments, submissions, traffic, IP addresses and similar personal information, to determine both usage of ServeManager and compliance with this Agreement as well as to satisfy any law, regulation or authorized government request. Without limiting the foregoing, InfoTrack shall have the right to remove any material that InfoTrack, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You are responsible for your own conduct and any information that you create, transmit or display while using ServeManager and for any consequences thereof. You agree to use ServeManager only for legal purposes and in accordance with these Terms of Use and any other applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts ServeManager or servers or networks connected to ServeManager. To report any activity or content that may be in violation of these Terms of Use, please send an email to [email protected].
To the fullest extent permitted by law, you agree to indemnify, defend, and hold InfoTrack, and its subsidiaries, affiliates, officers, agents, parents, successors, assigns, co-branders or other partners, and employees, harmless against any loss, damage or reasonable costs (including reasonable attorneys' fees) incurred in connection with claims, demands, suits, or proceedings ("Claims") made or brought against InfoTrack or any of its agents, subsidiaries, affiliates, employees, directors, by a third party which is due to, results from, or arises out of, directly or indirectly, (i) content you submit, post, transmit or make available through ServeManager; (ii) your use of ServeManager or the Services; (iii) your connection to ServeManager or the Services; (iv) your breach of the terms and conditions as set forth in this Agreement and any exhibits or schedules attached hereto (as updated from time-to-time); (v) your failure to comply with any laws, rules, regulations, and court and administrative decrees to which it is subject or any other failure on your part that causes InfoTrack to violate any law, rule, regulation, or court or administrative decree; (vi) your omissions, misrepresentation, or negligence, and/or your violation of any rights of another, including, without limitation, intellectual property rights; (vii) any fraudulent activity by employees or agents associated with or using your account with ServeManager. You agree to indemnify and hold harmless InfoTrack from any Claims in connection to your process servers’ or other agents’ fraudulent activity, including but not limited to, any fraudulent creation or use of accounts. In such cases, you also agree that InfoTrack may recover any losses incurred from the agency whose Dwolla Platform (as defined in Section 21 below) the loss relates to.
By accessing or using ServeManager, you acknowledge and agree to the following terms and conditions:
1. Accuracy of Affidavits: ServeManager makes no representations or warranties regarding the accuracy or suitability of the affidavits generated within the system for your use (e.g., court proceedings or negotiations within a given jurisdiction). While every effort is made to stay current with local requirements, it is imperative to understand that the process server and its client are responsible for selecting the appropriate affidavit template for service of process in your jurisdiction.
2. User Responsibility: Users of ServeManager must exercise due diligence in selecting the correct affidavit template for their specific legal proceedings. ServeManager does not assume responsibility for the rejection of affidavits or the termination of a judicial proceeding. Users are encouraged to seek legal counsel when determining the suitability of an affidavit for their specific legal matter.
3. Affidavit Generation Service: ServeManager offers a service to assist customers in generating affidavits when the need arises. This service is provided as a convenience, and users are encouraged to review and verify the generated affidavits for accuracy and compliance with local regulations before submission in a legal proceeding in any jurisdiction.
SERVEMANAGER AND ALL CONTENTS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND THE SERVICES, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INFOTRACK DOES NOT WARRANT THAT YOUR USE OF SERVEMANAGER OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT SERVEMANAGER OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. INFOTRACK DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED BY USING ITS SERVICES OR PLACING AN ADVERTISEMENT ON SERVEMANAGER. INFOTRACK DOES NOT REPRESENT THAT ANY REFERRALS OR RATINGS WILL BE ACCURATE. YOUR USE OF SERVEMANAGER AND THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. INFOTRACK SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF SERVEMANAGER OR THE SERVICES. ALTHOUGH INFOTRACK ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON SERVEMANAGER. NEITHER INFOTRACK NOR ITS RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE SERVEMANAGER OR THE SERVICES, OR ANY INFORMATION OR MATERIALS PROVIDED ON SERVEMANAGER. INFOTRACK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH SERVEMANAGER OR WITH ANY OF INFOTRACK'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SERVEMANAGER AND THE SERVICES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS INFOTRACK, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND RELATED ENTITIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE OR YOUR USE OF SERVEMANAGER AND THE SERVICES.
These Terms of Use constitute an Agreement which remains effective unless and until terminated by either you or InfoTrack. You may terminate this Agreement at any time by sending an e-mail to [email protected]. InfoTrack may terminate this Agreement: (a) immediately upon notice if you breach any material term of this Agreement, (b) immediately without notice if you fail to comply with any term of provision of this Agreement, engage in fraudulent activity, or if your continued use poses a security risk, or (c) upon thirty days written notice for any reason. InfoTrack may accordingly deny you access to, if in InfoTrack's sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement: (i) all rights granted to you under this Agreement shall immediately terminate, (ii) you must immediately cease all use of the Services, and (iii) you must promptly destroy all materials downloaded or otherwise obtained from ServeManager, as well as copies of such materials. These Terms of Use constitute the entire Agreement between you and InfoTrack relating to the subject matter addressed herein.
The terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect.
THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISIONS. ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY BY THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA. THE PARTIES HEREBY CONSENT TO PERSONAL JURISDICTION IN SUCH COURTS.
Any modifications to this Agreement must either appear on ServeManager or be in writing. This Agreement cannot be sold, assigned or transferred by you to any other party. In the event of a sale of all or substantially all of the assets of the Member (or other transfer of control), whether by voluntary or involuntary action, InfoTrack shall have the right to terminate its relationship with Member or to impose a transfer fee, at its discretion. No public statements concerning the existence or terms of this Agreement will be made or released to any medium except with the prior approval of both parties or as required by law. No waiver by InfoTrack shall operate as a waiver of any other provision or any subsequent default. InfoTrack will not be bound by the representations of any agents, brokers, or other third parties.
You retain all rights to your business data. While your account is active, you may use the standard export features that allow you to download the data at will. Following account termination, you may submit a written request within 30 days for InfoTrack to package and deliver your data via csv format. You agree to pay a fair hourly market rate for this service, should it be applicable.
The following section applies to any agency or other unit of government located in the United States, or a federally recognized Indian tribe (a “Government Entity”) and applies to all Governmental Entity users and accountholders who use or access the Services.
Any provision in the Terms of Use under which the Government Entity indemnifies InfoTrack or related parties are waived. The liability of the Government Entity for any breach of the Terms of Use or any claim arising from the Terms of Use shall be determined under the relevant State Tort Claims Act, or other state governing authority. The liability of InfoTrack for any breach of the Terms, or any claim arising from the Terms, shall be determined by applicable federal and state law.
If the law establishing or otherwise governing the Government Entity expressly requires the Government Entity to enter into contracts under a particular law and/or prohibits any choice of law provision imposing any law other than the law under which the Government Entity is authorized to act, then all “Governing Law” and “Jurisdiction” clauses in the Terms of Use, and all other provisions related to dispute resolution are deleted. In lieu thereof, the Terms of Use shall be governed, interpreted and enforced in accordance with the applicable laws of the Government Entity’s state and jurisdiction shall reside in the courts of such state. For the avoidance of doubt, in the absence of applicable law (and unless prohibited by law), the laws of the State of California will apply. The Government Entity and InfoTrack may, by mutual consent, elect to use alternative dispute resolution methods.
ServeManager links to and may provide connectivity to a variety third party sites and applications with their own terms of service which are distinct and different from our own, including, but not limited to Stripe, Mailchimp, Zapier, Quickbooks Online, Dropbox, data providers and more.
The sites may contain links to other websites that are not owned or operated by ServeManager, and you agree that ServeManager provides links to such websites solely as a convenience and has no responsibility for the content or availability of such websites or applications. Your use of such websites will be subject to the terms of use applicable to each such website.
You (and not InfoTrack) are responsible for all Reversals, Chargebacks and Claims, including without limitation any associated fees, fines, penalties, interest, expenses, and other liabilities incurred by InfoTrack in connection with Reversals, Chargebacks and Claims, and/or your use of the Services. You agree to promptly reimburse and indemnify InfoTrack, and any applicable third parties, for any and all such liability from your use of the Services. For purposes of this Agreement, "reversal" means when a credit card company or financial institution reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in error, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated this Agreement. “Chargeback” means a request that you or your client files directly with his or her card company or card issuing bank to invalidate a processed payment. “Claim” means any challenge, dispute, or contest of a payment that you or one of your clients files directly with their credit card company or financial institution.
In order to use the digital wallet functionality of our application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through the Dwolla Account are held or transferred by Dwolla’s financial institution partners as described in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information we consider necessary to verify your identity including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at [email protected]. As set forth in Section 16(vii) above, you are liable for any and all losses incurred by ServeManager or its affiliates resulting from the fraud or intentional misconduct of you or your agents in connection with your use of the Services or the Dwolla Platform.
In the event of a conflict between these Terms of Use and any other written communications between you and InfoTrack, these Terms of Use shall govern unless explicitly provided otherwise by an acknowledgement of the conflict and statement to the effect the Terms of Use shall not govern.
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