***YOU MUST ACCEPT THE TERMS AT THE BOTTOM***
Long Island Process Servers - Terms and Conditions of Service
Last Updated: March 07, 2025
1. Acceptance of Terms
The services provided by Long Island Process Servers ("LIPS," "we," "us," or "our") are governed by the following Terms and Conditions ("Terms"). By visiting or using our websites, including ServeManager™ and associated payment processing portals (collectively, the "Website"), or by submitting documents for service via any method (website, mail, email, in-person, etc.), you ("Client," "you," or "your") expressly agree to be bound by these Terms. If you do not agree to all of these Terms, you may not use our services.
2. No Legal Advice or Guaranteed Outcome
LIPS is a process serving agency. We are not a law firm, and our employees are not attorneys. We do not provide legal advice, including but not limited to reviewing your documents for legal sufficiency, determining the correct method of service, or advising on court rules, statutes of limitations, or jurisdictional requirements. You are solely responsible for consulting with your legal counsel to ensure all documents and service instructions are legally proper.
LIPS will perform its services with professional diligence and in accordance with applicable laws. However, no specific outcome, result, or deadline is promised or guaranteed. The legal process is inherently uncertain, and success in service of process can be affected by factors beyond our control.
3. Client Responsibilities & Warranties
By submitting documents for service, you warrant and agree that:
Accuracy of Information: You are responsible for providing complete, accurate, and legible documents and information for the service address, defendant(s), and any specific instructions.
Legal Compliance: You are solely responsible for ensuring that the service instructions you provide comply with all relevant court rules, statutes (including but not limited to NY CPLR § 308, § 311, and the Federal Rules of Civil Procedure), and jurisdictional requirements.
Pre and Post-Service Requirements: You are responsible for all predicate requirements prior to service (e.g., obtaining court orders for alternative service) and all post-service requirements, including the timely filing of the Proof of Service (or equivalent) with the court. Failure to do so, which may necessitate re-service or result in legal consequences, is your sole responsibility.
Authorization for Filing: If you request that LIPS file the Proof of Service with a court or agency, you must provide the necessary written authorization and pay any required fees.
4. Fees, Payment, and Refund Policy
Payment Required for Dispatch: All services must be prepaid at the rates listed on our website (www.liservers.com) unless a separate, prior written agreement has been executed.
Fees Earned Upon Dispatch: Service fees are considered earned and non-refundable once your job has been dispatched to a process server. This is because we immediately commit resources, time, and effort to your assignment.
Additional Fees: You agree to pay any additional fees incurred for necessary services not included in the standard rate, such as mileage beyond a standard radius, skip-tracing, specialized service attempts (e.g., at a place of employment), or filing fees. We will seek your approval for non-standard additional costs whenever possible.
5. Limitation of Liability
To the fullest extent permitted by law, LIPS's total liability to you for any claim arising from or related to our services, whether in contract, tort, or otherwise, shall be limited to the total amount of fees you paid for the specific service in question. Under no circumstances shall LIPS be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, or damages resulting from the delay or failure of service, even if we have been advised of the possibility of such damages.
6. Indemnification
You agree to indemnify, defend, and hold harmless Long Island Process Servers, its owners, agents, and employees from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of our services, your breach of these Terms, or your violation of any law or the rights of a third party.
7. Service of Process
LIPS will exercise due diligence in attempting to serve the documents in accordance with your instructions and applicable law. We utilize professional methods including surveillance, database searches, and neighbor inquiries where appropriate. However, we cannot guarantee a successful outcome. If service is not completed, we will provide a detailed affidavit of due diligence explaining our efforts.
8. Communications
You agree that we may communicate with you electronically regarding your service of process. It is your responsibility to maintain a valid email address and to notify us promptly of any changes to your contact information.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state courts located in Nassau County, New York, or US District Court for The Eastern District of New York and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
10. Modifications to Terms
LIPS reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our Website. Your continued use of our services after such posting constitutes your acceptance of the revised Terms.
11. Contact Information
If you have any questions regarding these Terms and Conditions, please contact us at:
Long Island Process Servers
33 East Merrick Road
Suite 5
Valley Stream, NY 11580
631-309-8256