Last updated on February 28, 2024
You have reached www.ProcessServers.com, a website owned by InfoTrack US, Inc ("InfoTrack"). The following Terms of Use (the “Agreement”) govern your use of ProcessServers.com and the software offered through ProcessServers.com (collectively, “ProcessServers”), and any other related services or materials (the “Services”) offered to you by InfoTrack through ProcessServers.
InfoTrack offers you ProcessServers.com and the Services subject to the following terms and conditions, which may be periodically revised by InfoTrack or its affiliates without notice to you. You are responsible for regularly reviewing these terms, conditions and notices and any additional terms, which may be posted on ProcessServers.com. Your use of ProcessServers.com and the Services constitutes your acceptance and agreement to such changes. We encourage you to refer to these Terms of Use on an ongoing basis.
By accessing or using ProcessServers.com, 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. ProcessServers.com 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 ProcessServers.com immediately.
INFOTRACK OFFERS ProcessServers.com AND THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF ProcessServers.com AND THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
InfoTrack provides end users of ProcessServers.com with various case management options to assist in process service through the facilitation of information. ProcessServers.com offers features including, without limitation, company directories, tools to create affidavits, mobile site & GPS data, client invoicing and accounting. You understand and agree that ProcessServers.com 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 ProcessServers.com (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 ProcessServers.com 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 ProcessServers.com 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 ProcessServers.com 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 InfoTrack is not liable for any mistakes, errors, omissions and or loss of revenue caused by any misinterpretation, inaccurate or erroneous technical support provided to you in regards to usage of ProcessServers.com or the Services.
You acknowledge and agree that ProcessServers.com 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 ProcessServers.com and the Services and that ProcessServers.com is licensed, not sold. All right, title and interest in and to ProcessServers.com, 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 ProcessServers.com 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 ProcessServers.com. You agree not to modify ProcessServers.com in any manner or form, or to use modified versions of ProcessServers.com, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access ProcessServers.com or the Services by any means other than through the interface that is provided by InfoTrack for use in accessing ProcessServers.com.
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 ProcessServers.com or any related software.
For permission and a limited license to (re)distribute any InfoTrack content, please contact us at help@servemanager.com.
InfoTrack reserves all rights to ProcessServers.com and the Services not expressly granted to you in this Agreement. InfoTrack may terminate your ability to utilize ProcessServers.com at any time and for any reason at its’ sole discretion. InfoTrack may upgrade, enhance and further develop ProcessServers.com, 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 ProcessServers.com constitute, as applicable, copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by InfoTrack. Whether or not there is a copyright notice on the SM you agree that by using ProcessServers.com and any of the materials or services offered by ProcessServers.com 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 ProcessServers.com 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 ProcessServers.com and the Services, you represent that you are of legal age to form a binding contract 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 ProcessServers.com 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 ProcessServers.com is contingent upon payment in full of your invoice based upon the desired level of service you choose.
ProcessServers.com is made available on a pay-as-you-go basis. You may be eligible to try ProcessServers.com risk free as described on the website (the “Trial Period”). 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 acknowledge and agree that your credit card will be charged the applicable rate in advance on a monthly basis and will continue to be billed every month thereafter at the applicable rate until you cancel the service by contacting customer service.
There are no annual contracts required by InfoTrack. Your usage of ProcessServers.com 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. This means that you owe InfoTrack the applicable monthly charge(s) as set forth above regardless of whether or not you continued to utilize the 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. Acceptable terms of notification may be found on the “Contact” page of our website located at https://www.ServeManager.com/contact/new.
In the event your number of monthly jobs decreases such that a paid plan with a lower rate is required, you understand and agree that no refund will be given for the downgrade. At your request. your credit card will be charged at the lower rate the following month and continuously thereafter until another paid plan change is requested or service is cancelled. In the event your number of monthly jobs increases such that a paid plan with a higher rate is required, you acknowledge and agree that your credit card will be charged the difference between the current rate and the higher rate on a pro rata basis for the month in which the change is requested. In addition, the credit card will be charged the higher rate the following month and continuously thereafter until another paid plan change is requested or service is cancelled. 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. Fees for all services, including but not limited to monthly fees, are subject to change upon notice. Such notice may be provided by an email message or in the form of an announcement on ProcessServers.com.
In the instance where multiple customers are collborating 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 info@servemanager.com to discuss.
ProcessServers.com 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 ProcessServers.com in any way that is unlawful, or harms InfoTrack, its resellers, affiliates, service providers, distributors, and/or suppliers (each, a “InfoTrack Party” and collectively, the “InfoTrack Parties”) or any customer of a InfoTrack Party, as determined by the sole discretion and complete discretion of InfoTrack. You may not use ProcessServers.com 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 ProcessServers.com in any manner that could damage, disable, overburden, or impair any, or interfere with any other party's use and enjoyment of ProcessServers.com, any of its affiliate web site(s) or ProcessServers.com.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of ProcessServers.com. 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 ProcessServers.com.
To the extent that ProcessServers.com 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. Information contained on or made available through ProcessServers.com 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 ProcessServers.com, or otherwise disclosed, submitted or offered in connection with your use of ProcessServers.com (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 ProcessServers.com will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to ProcessServers.com will be or contain libelous or otherwise 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 use and/or disclose information about your demographics and use of ProcessServers.com in any manner that does not reveal your identity.
ProcessServers.com 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 ProcessServers.com. You understand and agree that his/her use of such links is at his/her 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 accepts no responsibility for reviewing changes or updates to the Third Party Sites or Third Party Content. In addition, InfoTrack is not responsible for the quality, content, policies, nature or reliability of the Third Party Sites or Third Party Content linking to ProcessServers.com. You understand and agree that when you leave ProcessServers.com by clicking on a link to a Third Party Site, InfoTrack’s terms and policies no longer govern and it is his/her responsibility to review applicable terms and policies of the Third Party Site before proceeding with any transaction with any third party.
You understand 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 understand and agree that InfoTrack is not responsible for any sensitive Data that you share with others in any upload, post, transmission or other format whatsoever via ProcessServers.com.
In the event of cancellation, you acknowledge and agree that InfoTrack may retain all Data transmitted or uploaded through ProcessServers.com. However, you may request release or deletion of the Data, in some circumstances. To the extent you have shared Data with another party using ProcessServers.com, 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 ProcessServers.com 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, the Data may be transmitted digitally. InfoTrack makes no guarantees as to the formatting of the delivered Data. InfoTrack reserve the right to charge a reasonable fee for transmission and delivery of the Data.
You understand and agree that a request for deletion or release of the Data must be made at the time of cancellation of service. You are responsible for properly canceling service and may do so with thirty days prior notice made to customer service. If you cancel service before the end of the current paid up month, your cancellation will take effect immediately, no refund will be given and you will not be charged again.
Subject to the terms of our Privacy Policy appearing on ProcessServers.com at www.ProcessServers.com/pages/private_policy, you agree that InfoTrack may send electronic mail to you for the purpose of advising you of changes or additions to ProcessServers.com, 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 ProcessServers.com at www.ProcessServers.com.com/pages/privacy-policy, InfoTrack shall have the right, but not the obligation, to monitor the content of ProcessServers.com, including Comments, submissions, traffic, IP addresses and similar personal information, to determine both usage of ProcessServers.com 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 ProcessServers.com and for any consequences thereof. You agree to use ProcessServers.com 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 ProcessServers.com or servers or networks connected to ProcessServers.com. To report any activity or content that may be in violation of these Terms of Use, please send an email to help@servemanager.com.
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 ProcessServers.com; (ii) your use of ProcessServers.com or the Services; (iii) your connection to ProcessServers.com 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.
By accessing or using ProcessServers.com, you acknowledge and agree to the following terms and conditions:
ProcessServers.com 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.Users of ProcessServers.com must exercise due diligence in selecting the correct affidavit template for their specific legal proceedings. ProcessServers.com 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.
ProcessServers.com 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.
ProcessServers.com AND ALL CONTENTS OF ProcessServers.com, INCLUDING, WITHOUT LIMITATION, ProcessServers.com 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 ProcessServers.com OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ProcessServers.com 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 ProcessServers.com. INFOTRACK DOES NOT REPRESENT THAT ANY REFERRALS OR RATINGS WILL BE ACCURATE. OUR USE OF ProcessServers.com 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 ProcessServers.com. ALTHOUGH INFOTRACK ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON ProcessServers.com. 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 ProcessServers.com, OR ANY INFORMATION OR MATERIALS PROVIDED ON ProcessServers.com. INFOTRACK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ProcessServers.com OR WITH ANY OF INFOTRACK'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ProcessServers.com. 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 USE OF ProcessServers.com.
These Terms of Use constitute an Agreement which is effective unless and until terminated by either you or InfoTrack. You may terminate this agreement at any time by sending an e-mail to info@servemanager.com. InfoTrack may also terminate this Agreement at any time and may do so immediately without notice, and 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, you must promptly destroy all materials downloaded or otherwise obtained from ProcessServers.com, 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.
Any modifications to this Agreement must either appear on ProcessServers.com 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 have a right to your business data. Export features allow you to download the data at will. Should you need InfoTrack to package and deliver your data via csv format, a request must be made in writing within 30 days of your account termination. This service may be subject to a fair hourly market rate.
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 %p 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 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.
ProcessServers.com 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 providres and more.
The sites may contain links to other websites that are not owned or operated by ProcessServers.com, and you agree that ProcessServers.com 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 fees, fines, penalties and other liability incurred by us in connection with Reversals, Chargebacks and Claims, and your use of the Services. You agree to reimburse InfoTrack, or a third party, for any and all such liability from your use of the Services. "Reversal" means a credit card company reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in error, Affiliates, (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 a challenge to a payment that you or one of your clients files directly with their credit card company.
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.