Last Updated: 1/13/2021
This Terms of Service Agreement (this “Agreement”) is entered into by and between ABC Legal Services, LLC, a Washington limited liability company (“ABC”) and the company or individual using ABC’s services (the “Customer”) (individually, a “Party,” and collectively, the “Parties”). By using ABC’s services, the Customer agrees to this Terms of Service Agreement. In consideration of the mutual terms and conditions hereinafter set forth, the Parties agree as follows:
4.1 Limitation of Liability, Aggregate Liability.
To the extent permitted by other law, (a) in no event shall ABC be liable to the Customer under any legal theory for any special, indirect, consequential, exemplary, or incidental damages, however caused, arising out of or relating to this Agreement, even if ABC has been advised of the possibility of such damages; and (b) in no event shall the aggregate liability arising out of or relating to this Agreement (regardless of the form of action giving rise to such liability, whether in contract, tort, or otherwise) exceed the fees payable within the past 3 months to ABC hereunder.
4.2 “Rush” Orders.
While ABC will exercise best efforts to file or serve documents in a timely manner, under no circumstances will ABC be liable for any damages (including but not limited to punitive, indirect, consequential, or special damages, including loss of a claim) for any filing that was requested within 10 business days of the expiration of its applicable statute of limitations.
5.1 Notices. Any notice required or permitted by this Agreement to Customer will be in writing and delivered via electronic transmission, upon acknowledgment of electronic transmission or 24 hours after sending if no bounce-back is received. Notice to ABC will be made by certified mail to 633 Yesler Way, Seattle WA 98104, ATTN: General Counsel, and deemed effective upon delivery.
5.2 Governing Law; Forum. This Agreement will be governed in all respects by the laws of the State of Washington. The Parties consent to the exclusive personal jurisdiction of the federal and state courts located in King County, Washington, as applicable, for any matter arising out of or relating to this Agreement.
5.3 Severability. If an adjudicator holds that any provision of this Agreement is illegal, invalid, or unenforceable, then that provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and the Agreement’s remaining provisions shall not be affected.
5.4 Successors and Assigns. Customer may not assign its rights or obligations under this Agreement without the prior written consent of ABC. ABC may assign its rights or obligations under this Agreement upon notice to Customer, and such assignment will be binding at the time of receipt of such notice.
5.5 Waiver and Modification. If a Party waives any term, provision, or breach of this Agreement, such waiver will not be effective unless it is in writing. No waiver by a Party of a breach of this Agreement will constitute a waiver of any other or subsequent breach by the other Party. This Agreement may be modified only by the Parties’ mutual written agreement.
5.6 Entire Agreement. This agreement constitutes the entire agreement between the Parties relating to this subject matter and supersedes all prior or contemporaneous agreements concerning such subject matter, whether written or oral.