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Terms of Service | Served 123 LLC
Master Legal Agreement

Terms of Service


36 Sections
Served 123 LLC
Effective Upon Payment

These Terms of Service ("Terms") constitute the master legal agreement between you ("Client") and Served 123 LLC, a duly organized limited liability company (the "Company"). By engaging the Company's services in any capacity — including payment submission, order placement, correspondence, or downloading our materials — you agree to be bound by these Terms in full.

This acceptance is binding regardless of whether a separate written agreement has been signed. Use of any Service constitutes full acceptance of these Terms, the Refund & Cancellation Policy, the Terms & Conditions of Service, and the Supplementary Costs & Disclosure Terms, each incorporated herein by reference.

AAA
Binding Arbitration
Commercial Arbitration Rules · single neutral arbitrator · remote proceedings.
1 yr
Claim Window
Shortened limitations period for claims by Client against the Company.
7 yrs
Record Retention
Case files, affidavits, and authorization records maintained for evidentiary use.
Class waived
Individual Capacity Only
No class, collective, or representative proceedings · jury trial waived.
§ 01

Definitions

The following capitalized terms have the meanings ascribed to them below and shall apply throughout these Terms and all incorporated policies:

"Company"Served 123 LLC, a duly organized limited liability company, together with its officers, directors, employees, agents, and Subcontractors.
"Client"Any individual, attorney, law firm, business entity, or agent who submits an Order, makes a payment, or otherwise engages the Company's Services.
"Services"All services offered by the Company, including but not limited to service of process, subpoena domestication, skip tracing, court document retrieval, court filing, mobile notary, apostille facilitation, courier services, and investigative services.
"Order"A Client's request for one or more Services, confirmed upon receipt of full payment and the Company's written acknowledgment.
"Assignment"A specific task dispatched to a Subcontractor or internal agent to fulfill any portion of an Order.
"Subcontractor"An independent third-party contractor engaged by the Company to perform field services on the Company's behalf.
"Affidavit"A notarized Proof of Service or Affidavit of Due Diligence documenting service attempts and outcomes.
"Refund Policy"The Refund & Cancellation Policy published at served123.com/refund-and-cancellation, incorporated herein by reference.
"Operational T&C"The Terms & Conditions of Service published at served123.com/terms-conditions, governing operational and service-specific rules.
"Supplementary Costs"The Supplementary Costs & Disclosure Terms published at served123.com/supplementary-costs, governing when and how supplementary fees are assessed and authorized.
"Business Day"Any day other than Saturday, Sunday, or a federal banking holiday observed in the United States.
"Chargeback"Any payment reversal, dispute, or credit-card claim initiated by the Client with a financial institution, card issuer, or payment processor.
"AAA"The American Arbitration Association, or any successor entity administering commercial arbitration under similar rules.
"Terms"These Terms of Service, as amended from time to time.
§ 02

Acceptance & Eligibility

By submitting an Order, making a payment, or otherwise engaging the Company, the Client represents and warrants that they have read, understood, and agreed to be legally bound by these Terms in their entirety.

To be eligible to use the Company's Services, Client must:

  • Be at least 18 years of age or the age of legal majority in their jurisdiction, whichever is greater;
  • Have the legal authority to enter into binding contracts on behalf of themselves or the entity they represent;
  • Use the Services only for lawful purposes and in accordance with all applicable federal, state, and local laws;
  • Provide accurate, complete, and current information at the time of submission.
Prohibited use. The Services may not be used to harass, stalk, intimidate, or unlawfully target any individual. Any Order submitted for an unlawful purpose will be immediately cancelled, reported to relevant authorities where appropriate, and no refund will be issued. See also the Operational T&C § 06 for the full Prohibited Uses list.

If a Client is submitting an Order on behalf of a law firm, corporation, or other entity, they represent that they have the authority to bind that entity to these Terms. The entity and the individual submitting the Order are jointly and severally bound.

§ 03

Order Initiation & Requirements

To initiate Service, Clients must submit a request through the Company's secure online platform at served123.com/services or by email to info@served123.com. Each submission must include:

  • The recipient's full legal name as it appears on the document;
  • The exact service address, including unit, suite, or apartment number if applicable;
  • The deadline by which service is required, if applicable;
  • A single compiled PDF containing all documents to be served (one per recipient);
  • Any known physical description, schedule information, or property access details that may assist service.

Orders are not officially accepted until payment is received in full and internal verification is complete.

Client responsibility. Clients are solely responsible for providing accurate, current, and valid information at the time of submission. Error-based issues do not constitute grounds for refund.
§ 04

Scope of Service & Additional Costs

Each service Order includes up to three (3) diligent attempts at one unique address. Each of the following constitutes a new, separately billed Order:

  • A new or updated service address;
  • Revised, reissued, or amended documents;
  • A fresh set of required attempts following exhausted prior attempts;
  • A separate unit, suite, or apartment within the same building or complex.

Supplementary costs — including rush fees, remote-area surcharges, restricted-facility fees, international fees, court fees, and others — are disclosed in advance and require express authorization under the Supplementary Costs & Disclosure Terms. Clients will not be charged for undisclosed fees.

No outcome guarantees. Service fees cover time, labor, travel, document handling, preparation, and diligent effort — not outcome. No refund will be issued for unsuccessful attempts where due diligence has been performed and documented, per the Refund & Cancellation Policy.
§ 05

Communication Policy

All correspondence is handled primarily via email to info@served123.com. The Company may initiate phone communication for clarification on time-sensitive matters but does not maintain inbound phone-based order management.

Failure to respond to inquiries or document requests within five (5) Business Days may result in order hold, delay, or cancellation without refund pursuant to the Refund Policy § 10.

The Company's regular business hours are Monday through Friday, 9:00 AM to 5:00 PM Eastern Time, excluding federal holidays. Time-sensitive matters should be clearly labeled as such in the subject line of all emails.

Service updates, attempt notifications, and Affidavit delivery are provided via email. Clients requiring ongoing real-time phone status are encouraged to discuss alternate arrangements at the time of Order placement.
§ 06

Delays, Holds & Order Status

If an Order is missing required information, contains errors, or requires clarification, it will be placed "On Hold." On Hold status does not toll deadlines, court dates, or turnaround commitments. Orders placed on hold for more than seven (7) consecutive calendar days without Client response will be administratively cancelled pursuant to the Refund Policy § 10.

All timeframes below refer to the first attempt only:

Standard Service3–5 Business Days (first attempt)
Preferred Service1–3 Business Days (first attempt)
Rush / Next-Day ServiceNext Business Day (first attempt)
Same-Day Service (where available)Same Business Day (first attempt)
First attempt only. These timeframes represent when the first attempt will be made, not when the job will be complete.
§ 07

Proof of Service & Affidavits

Upon completion of a service job, the Client will receive a notarized PDF Affidavit by email. This document constitutes final delivery of the Company's primary obligation under the Order.

Clients must notify the Company of any required Affidavit revisions within three (3) Business Days of receipt. After this window, Affidavits are sealed and will not be amended as part of the original Order.

  • Requests for wet-ink originals must be specified at the time of Order and may incur additional fees;
  • Affidavits reflect the actual events that occurred and cannot be altered to reflect outcomes that did not occur;
  • Affidavit corrections required due to Company clerical error are issued at no cost; corrections required due to Client-side errors constitute a new Order.
Served 123 LLC maintains records of all paid, completed Orders for seven (7) years from the date of job completion. The Company is not liable for the Client's failure to retain their own copies.
§ 08

Restricted Jurisdictions

The Company does not perform service on military bases, federal buildings, correctional facilities, jails, detention centers, embassies, consulates, Native American tribal lands, or any other jurisdiction restricting private process servers, unless prior written authorization is granted by the facility and all applicable protocols are met. The full list and operational rules are set out in the Operational T&C § 26.

$50 administrative fee. Orders submitted to restricted jurisdictions without prior written disclosure of the restriction will be cancelled and subject to a non-refundable $50 administrative fee, in addition to the standard 33.33% administrative retention under the Refund Policy § 04 and 08.
§ 09

Use of Subcontractors

The Company reserves the right to delegate Service to vetted third-party agents, including private process servers, legal couriers, certified notaries, local attorneys, investigators, and law enforcement officers. All actions performed by Subcontractors in furtherance of an Order are legally attributable to the Company under these Terms.

No direct client contact. Clients agree that no direct communication will be initiated with Subcontracted agents unless expressly authorized by the Company in writing. All communications must be directed to info@served123.com.

No solicitation. The Client shall not solicit, directly engage, or attempt to contract independently with any Subcontractor introduced through a Company Order during the engagement and for twelve (12) months thereafter.

Subcontractors are governed by a separate set of Subcontractor Terms & Conditions available at served123.com/subcontractor-terms-conditions. Clients are not third-party beneficiaries of the Subcontractor Terms.

§ 10

E-Signature Authorization — Subpoena Domestication

Explicit Client Authorization
By proceeding with any Subpoena Domestication Service, the Client grants Served 123 LLC explicit, legally binding authorization to apply an electronic signature on their behalf to subpoenas and accompanying clerk cover letters as required to complete the domestication process.

This authorization is strictly limited to:

  • Out-of-state or foreign subpoenas requiring domestication under applicable rules such as the UIDDA or equivalent;
  • Clerk cover letters submitted alongside domesticated subpoenas to facilitate issuance, docketing, or processing;
  • Transmittal or submission forms required by the receiving court clerk's office as part of the domestication workflow.
Scope of authority. This authorization does not extend to pleadings, motions, agreements, affidavits, stipulations, or any other legal document outside the active domestication workflow.

The Client acknowledges that: electronic signatures applied under this authorization are applied as the Client's authorized agent; the Client retains full legal responsibility for document content; this authorization complies with the E-SIGN Act and applicable state statutes; and the Company shall maintain a secure record of each e-signature event for a minimum of seven (7) years.

Client verification responsibility. It is the Client's sole responsibility to ensure document accuracy before submission. If the Client does not wish to grant this e-signature authorization, they must notify the Company in writing at info@served123.com prior to payment. Proceeding with payment constitutes irrevocable consent.
§ 11

Use of Artificial Intelligence

Operational Disclosure
Served 123 LLC reserves the right to utilize artificial intelligence tools and technologies in the performance of its administrative, operational, and support functions where such use enhances efficiency, accuracy, or service quality.

AI-assisted functions may include: document review and formatting assistance, drafting and correspondence support, research and jurisdiction analysis, data entry and order processing, quality control and proofreading, and client-communication drafting.

Human oversight is always maintained. AI is used exclusively as a support tool to augment the work of Company personnel — not to replace human judgment. All final decisions and client-facing actions remain under the direct review of qualified human staff.
Not legal AI. AI tools used by the Company are operational and administrative in nature. They do not constitute legal research services, legal advice, or attorney work product. All AI-assisted output is subject to the disclaimer under § 19 (No Legal Advice).
§ 12

Payment & Accepted Methods

All Services must be paid in full prior to initiation unless a different payment schedule is set forth in a Master Services Agreement signed by an authorized officer of the Company. Accepted forms of payment include PayPal, Square, Stripe, ACH, wire transfer, and mailed check from approved law firms only.

  • The Company does not accept payment over the phone under any circumstances;
  • Checks are accepted from approved law firms only and must clear before work commences;
  • Invoices are non-negotiable once issued;
  • All fees are denominated in U.S. dollars; international clients are responsible for any currency conversion or foreign-transaction fees;
  • Where invoice terms have been extended in writing, the default payment term is Net-30 from invoice date.
All payments are subject to the terms of the Refund & Cancellation Policy. By remitting payment, the Client confirms that they have read and accepted that Policy in its entirety.
§ 13

Late Fees, Finance Charges & Right of Setoff

Past-Due Balances

Charges remaining unpaid after thirty (30) days from the invoice date are considered past due. The Company reserves the right to suspend further Service to any account with a past-due balance and to require advance payment on new Orders until the past-due amount is cleared.

Late-Payment Finance Charge

Past-due balances accrue a finance charge of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower, calculated from the original invoice date until the balance is paid in full.

Right of Setoff

The Company may apply any payment received from the Client first to outstanding past-due balances, finance charges, and collection costs before applying it to the Order indicated by the Client, regardless of the Client's designation or intent. The Company may further set off any amount owed to the Client against any amount owed by the Client.

Returned Items

Returned, declined, or reversed payments — including bounced checks, ACH returns, and processor reversals — carry a $35 administrative fee in addition to any underlying balance and continuing finance charges.

§ 14

Collection Costs & Attorneys' Fees

In the event that Served 123 LLC must engage a third-party collection agency, factor, or counsel to collect any unpaid balance — or to defend against an improper Chargeback or to enforce any provision of these Terms — the Client shall be liable, in addition to the principal balance and accrued finance charges, for:

  • All reasonable collection-agency fees, commissions, and recovery costs;
  • All court costs, filing fees, service-of-process fees, deposition costs, and judgment-recovery costs;
  • All reasonable attorneys' fees and expert-witness fees actually incurred, whether or not litigation is commenced and including any appellate proceedings;
  • All Chargeback-related processor fees, dispute-response fees, and administrative costs;
  • All AAA filing fees, administrative fees, arbitrator compensation, and case-management fees incurred in any arbitration commenced under § 27;
  • Interest on any judgment or arbitral award at the maximum statutory rate; and
  • Any other expense reasonably incurred in connection with collection, enforcement, or remediation.
Prevailing-party fees. In any action arising from non-payment, breach, improper Chargeback, or enforcement of these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert fees, arbitration costs (including all AAA filing, administrative, and arbitrator fees), and litigation expenses, in addition to any other relief awarded.
§ 15

Chargebacks & Payment Disputes

All Chargebacks are aggressively disputed. The Client agrees not to initiate a Chargeback, credit-card dispute, or payment-reversal claim with any card issuer, bank, or payment processor in lieu of, or before completing, the internal dispute process described in § 26 below and in the Refund Policy § 21.

Any attempt to reverse or charge back a legitimate payment after Services have been initiated will result in immediate escalation, referral to collections, and litigation or arbitration to recover all losses including legal fees, administrative costs, and consequential damages.

Additional consequences of fraudulent or bad-faith Chargebacks include:

  • Permanent ban from all Company Services;
  • Notification to the originating court of attempted interference with civil process;
  • For licensed attorneys: formal ethics complaint submitted to the relevant state bar authority;
  • Referral to collections agency and civil litigation or arbitration for full recovery, including under § 14.
§ 16

Attempt & Address Policy

Each service Order includes up to three (3) diligent service attempts at one unique address. An "address" is defined as a specific unit, suite, apartment, or parcel — multiple units within the same building are treated as separate addresses and billed individually.

The Company does not guarantee attempts will occur on consecutive days. Each attempt is documented with precise date, time, GPS location, and outcome details consistent with the Operational T&C § 28 (Documentation Standards).

Clients are responsible for determining whether submission of a Due Diligence Affidavit is appropriate when service cannot be completed. The Company will advise but cannot make that legal determination on the Client's behalf.
§ 17

Right of Refusal

The Company reserves the absolute right to refuse or terminate any Order at its sole discretion without prior notice, including for Orders containing false or misleading information, requests designed to harass or harm, safety risks to staff, abusive Client conduct, suspected fraud, or any matter that would require the Company or a Subcontractor to violate any law, court order, or rule of professional conduct.

If an Order is cancelled under this section due to safety concerns, suspected fraud, or Client misconduct, no refund will be issued regardless of the stage of Service.
§ 18

Client Conduct

Served 123 LLC maintains a zero-tolerance policy toward any form of verbal abuse, harassment, threats, intimidation, profanity directed at staff, racial or sexual slurs, or disrespectful behavior toward Company staff, Subcontractors, or representatives.

Immediate termination. Any such behavior will result in the immediate cancellation of all active Orders, permanent termination of the Client relationship, cessation of all communication, and archival of all records. No refunds will be issued regardless of the stage of Service, and any deposits or prepayments are forfeited.
§ 19

No Legal Advice

Served 123 LLC is not a law firm and does not offer legal advice under any circumstance. All content, communication, guidance, procedural suggestions, and documentation provided by the Company are strictly for administrative, operational, or informational purposes. No communication from the Company should be construed as legal counsel or legal opinion.

Clients should consult with licensed legal counsel for all matters involving case strategy, procedural compliance, subpoena validity, jurisdictional requirements, or legal interpretations. The Company is not responsible for court rejection, sanctions, adverse rulings, or case delays resulting from defective filings or unlawful document content provided by the Client.

No attorney–client relationship is created by these Terms, by the use of any Service, by the issuance of any Affidavit, or by any communication with the Company.

§ 20

Independent Contractor Relationship

The relationship between the Company and the Client is that of independent contractor. Nothing in these Terms shall be construed to create:

  • An employer-employee relationship between the parties;
  • A partnership, joint venture, or franchise relationship;
  • An attorney-client, fiduciary, or other special relationship of trust or confidence beyond the express terms of these Terms;
  • Authority for the Company to bind the Client, except to the limited extent expressly granted in § 10 (E-Signature Authorization);
  • Authority for the Client to bind the Company in any agreement with a third party.

Each party shall be responsible for its own taxes, insurance, licensing, and compliance with laws applicable to its operations. The Company performs Services as an independent contractor selecting its own means and methods of performance consistent with applicable professional standards.

§ 21

Confidentiality & Data Handling

  • Client information and case documents are shared only with Subcontractors or agents to the extent necessary to complete the assigned Service;
  • The Company does not sell, license, or disclose Client information to third parties for marketing or commercial purposes;
  • Disclosure may occur as required by applicable law, court order, subpoena, or other legal process; the Company shall notify the Client of any such required disclosure where permitted to do so;
  • Clients are responsible for redacting any sensitive or privileged content not necessary for Service;
  • Confidentiality obligations continue indefinitely with respect to materials substantially marked as privileged or confidential and survive termination of any Order.
All data handling practices are further described in the Privacy Policy and in the Operational T&C § 05, both incorporated herein by reference.
§ 22

Intellectual Property

All content on the Company's website and associated materials — including text, graphics, logos, templates, process workflows, and operational procedures — is the sole and exclusive intellectual property of Served 123 LLC. Clients are granted a limited, non-exclusive, non-transferable license to access and use Company materials solely in connection with their active Orders. This license does not permit reproduction, distribution, resale, or creation of derivative works.

The Company's name, trademarks, logos, and trade dress may not be used by the Client in any marketing, advertising, or public-facing material without the Company's prior written consent.

Unauthorized use of Company intellectual property may result in immediate termination of Services, injunctive relief under § 29, and monetary damages to the fullest extent permitted by law.
§ 23

Indemnification

The Client agrees to defend, indemnify, and hold harmless Served 123 LLC, its officers, directors, employees, agents, and Subcontractors from and against any and all claims, demands, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Submission of false, unlawful, or misleading documents or information;
  • Failure to comply with court rules, jurisdictional procedures, or applicable laws;
  • Improper, unauthorized, or unlawful use of service materials or Affidavits;
  • Any breach of these Terms or any incorporated policy by the Client;
  • Any third-party claim arising from the Client's use of an Affidavit or service document, or from claims by recipients of Service that the manner of service caused harm where the Company acted in accordance with the Client's instructions;
  • Disclosure of sensitive information voluntarily included by the Client in submitted documents; and
  • Any improper Chargeback, fraudulent payment dispute, or breach of the payment provisions in §§ 12–15.

The Company shall promptly notify the Client of any claim subject to indemnification and shall cooperate reasonably in the defense of such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.

This indemnity obligation survives the termination or expiration of these Terms and remains enforceable for the maximum period permitted by applicable law.
§ 24

Limitation of Liability

To the maximum extent permitted by applicable law:

  • Cap on damages. The Company's aggregate liability to the Client for any claim arising out of or relating to an Order, regardless of the form of action (contract, tort, statute, or otherwise), shall not exceed the amount actually paid by the Client to the Company for the specific Order giving rise to the claim.
  • Excluded damages. In no event shall the Company be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of business, loss of goodwill, loss of data, reputational harm, or losses arising from missed court-imposed deadlines, even if the Company has been advised of the possibility of such damages.
  • Allocation of risk. The Client acknowledges that the Service fees charged reflect the allocation of risk reflected in this limitation and that the Company would not provide the Services on the agreed terms absent this limitation.
  • Failure of essential purpose. The limitations in this section shall apply notwithstanding the failure of any limited remedy of its essential purpose, except where the Client has failed to pay authorized fees that have been earned, in which case the limitations in this section shall not bar the Company from recovering such fees, finance charges, and collection costs.
  • Independent agents. The cap and exclusions in this section apply to the Company, its officers, employees, agents, and Subcontractors collectively, not severally.
§ 25

Governing Law

These Terms, and any controversy or claim arising out of or relating to these Terms, any Order, the Services, or the business relationship between the parties, shall be governed by and construed in accordance with the laws of the state in which Served 123 LLC maintains its principal place of business, without regard to that state's conflict-of-laws principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

Federal Arbitration Act. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of the arbitration provisions in § 27 below.

The Company's principal place of business is identified to authorized Client representatives upon written request for purposes of confirming jurisdiction and venue. Each party consents to the personal jurisdiction of the state and federal courts located in that state for any judicial action permitted under these Terms.

§ 26

Internal Dispute Process

Mandatory first step. Before initiating arbitration under § 27, a Chargeback, or any other formal proceeding, any controversy concerning an invoice, refund, supplementary fee, charge, or aspect of Service must be raised through the Company's internal dispute process described in the Refund & Cancellation Policy § 21.

The internal dispute process requires written notice to info@served123.com within thirty (30) days of the invoice or Affidavit return, followed by the Company's acknowledgment within two (2) Business Days, a written response within ten (10) Business Days, and (if needed) escalation to the Director of Operations.

Failure to raise a controversy through the internal dispute process within the thirty (30) day notice window constitutes acceptance of the charge and a waiver of any future challenge.

§ 27

Binding Arbitration

Any controversy or claim arising out of or relating to these Terms, any Order, the Services, or the business relationship between the parties that is not resolved through the internal dispute process described in § 26 shall be submitted to binding arbitration before a single neutral arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect.

Delegation to Arbitrator

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the formation, existence, validity, interpretation, applicability, scope, enforceability, or waiver of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void, voidable, or unconscionable. This delegation is intended to be as broad as permitted by the Federal Arbitration Act.

Procedure & Venue

The arbitration shall be conducted by remote or virtual proceedings unless both parties agree in writing to an in-person venue. Any in-person component of the proceeding, including any required hearing, shall take place in the county where the Company maintains its principal place of business. The arbitrator shall apply the substantive law set forth in § 25 and shall have authority to award any relief available in a court of competent jurisdiction, subject to the limitations stated in these Terms.

Small-Claims Carve-Out

Notwithstanding the foregoing, either party may elect to bring an individual claim in a small-claims court of competent jurisdiction in lieu of arbitration, provided that (i) the claim is brought solely on an individual basis, (ii) the amount in controversy does not exceed the jurisdictional limit of that small-claims court, and (iii) the claim remains in that court (is not removed or transferred to a court of general jurisdiction). The Company expressly reserves the right to bring small-claims actions against the Client for collection of unpaid amounts in any small-claims court with jurisdiction over the Client, the Order, or the Services.

Finality

The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction. Judgment on the award may be entered in any such court, including for the purpose of confirmation under 9 U.S.C. § 9 and domestication or enforcement in any other state or jurisdiction.

Cost Allocation

Each party shall bear its own arbitration costs initially. The prevailing-party fee provision in § 14 shall apply to the final allocation of all arbitration-related costs in any award, including without limitation AAA filing fees, AAA administrative and case-management fees, arbitrator compensation, expert-witness fees, and reasonable attorneys' fees. The arbitrator is expressly authorized and directed to award such costs to the prevailing party as part of the final award.

Confidentiality

The existence, content, and outcome of any arbitration proceeding are confidential and may not be disclosed by either party except as necessary to enforce or vacate an award, comply with law, or pursue legitimate business interests.

§ 28

Class-Action & Jury Trial Waivers

Each party agrees that any arbitration or proceeding under § 27 shall be conducted in the parties' individual capacities only and not as a class, collective, consolidated, or representative action. The arbitrator shall not have authority to consolidate the claims of multiple parties or to preside over any form of representative proceeding.

The Client expressly waives any right to participate as a class representative or class member in any class action against the Company. The Client further waives any right to a jury trial with respect to any controversy or claim arising under these Terms.

§ 29

Equitable Relief Carve-Out

Notwithstanding the arbitration requirement in § 27, either party may seek injunctive or equitable relief in a court of competent jurisdiction to:

  • Protect confidential information, trade secrets, or proprietary materials;
  • Protect intellectual property rights, including trademarks, copyrights, trade dress, and rights of publicity;
  • Address defamation, fraud, or misappropriation of materials;
  • Prevent imminent and irreparable harm where monetary damages would be inadequate; or
  • Confirm, vacate, or enforce any arbitral award rendered pursuant to § 27.

The seeking of equitable relief under this section shall not be deemed a waiver of either party's right to arbitrate any other claim or controversy under § 27.

§ 30

Shortened Limitations Period

To the maximum extent permitted by applicable law, any claim, controversy, or cause of action that the Client may have against the Company arising out of or relating to these Terms, any Order, or the Services must be commenced — through the internal dispute process in § 26, arbitration under § 27, or equitable proceeding under § 29 — within one (1) year after the cause of action accrues.

Forfeiture. Failure to commence a claim within this one-year period shall constitute a complete and permanent bar to the claim, regardless of any longer limitations period that might otherwise apply under statute, common law, or rule.

This shortened limitations period does not apply to claims brought by the Company against the Client for collection of unpaid amounts or for enforcement of these Terms, which are governed by the applicable statutory limitations period.

§ 31

Force Majeure

The Company shall not be held liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to:

  • Acts of God, natural disasters, hurricanes, floods, earthquakes, wildfires, and severe weather;
  • Pandemics, epidemics, public health emergencies, and government-ordered quarantines;
  • War, armed conflict, terrorism, civil unrest, and insurrection;
  • Government orders, lockdowns, court closures, emergency declarations, and embargoes;
  • Cyber attacks, ransomware, denial-of-service attacks, and critical software failures of third-party providers;
  • Power, fuel, transportation, or infrastructure disruptions; and
  • Labor strikes, work stoppages, and supply-chain disruptions.

No refund or compensation shall be due to the Client for disruptions arising from Force Majeure events. The Company will notify the Client as soon as reasonably practicable when a Force Majeure event affects an active Order and will resume performance as soon as the event subsides. Where a Force Majeure event continues to materially prevent performance for more than ninety (90) consecutive days, either party may terminate the affected Order in writing, subject to the standard 33.33% administrative retention under the Refund Policy.

§ 32

Notices & Formal Communications

All formal notices, demands, dispute notifications, cancellation requests, and other formal communications required or permitted under these Terms must be in writing and delivered as follows:

From the Client to the Company

By email to info@served123.com with a clear subject line identifying the Order number and the nature of the notice. Notice is deemed effective upon the Company's acknowledgment of receipt or, if not earlier acknowledged, on the next Business Day after dispatch.

From the Company to the Client

By email to the address on file for the Client. Notice is deemed effective upon dispatch by the Company, regardless of subsequent delivery delays, filtering, or non-monitoring of the inbox by the Client.

Service of Process on the Company

Service of process upon the Company in any judicial or arbitral proceeding must be made on the Company's registered agent of record in its state of formation. The email channel above is not authorized for service of process.

Updating Contact Information

The Client must promptly notify the Company in writing of any change to the Client's email address, mailing address, billing address, or other contact information. The Company is not responsible for missed notices delivered to an outdated address.

§ 33

Assignment & Successors

  • By the Client. The Client may not assign or transfer any right or obligation under these Terms, in whole or in part, without the Company's prior written consent. Any attempted assignment in violation of this section is null and void.
  • By the Company. The Company may assign or transfer its rights and obligations under these Terms to any successor in interest, including by merger, acquisition, reorganization, or sale of all or substantially all of its assets, without the Client's consent.
  • Successors and assigns. These Terms shall bind and inure to the benefit of the parties and their respective permitted successors and assigns.
  • No third-party beneficiaries. Except as expressly stated, these Terms are not intended to confer any rights or remedies upon any person or entity other than the parties.
§ 34

Non-Waiver, Severability & Survival

Non-Waiver

Failure or delay by the Company to exercise any right or remedy under these Terms shall not constitute a waiver. A waiver shall only be valid if expressly made in writing and signed by an authorized officer of the Company. No course of conduct or prior dealing between the parties shall modify or waive any provision of these Terms.

Severability

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be deemed severed and modified to the minimum extent necessary to render it enforceable. All remaining provisions shall continue in full force and effect.

Survival

The following provisions shall survive the termination or expiration of any Order or these Terms: Definitions (§ 01); Payment, Late Fees, and Collection (§§ 12–15); Confidentiality (§ 21); Intellectual Property (§ 22); Indemnification (§ 23); Limitation of Liability (§ 24); Governing Law and Dispute Resolution (§§ 25–30); Notices (§ 32); Assignment (§ 33); and this Section 34.

Headings & Construction

Section headings are for convenience only and shall not affect the interpretation of these Terms. Words importing the singular include the plural and vice versa. The terms "include," "includes," and "including" shall be deemed to be followed by "without limitation."

§ 35

Entire Agreement & Amendments

Entire Agreement

These Terms, in conjunction with the Refund & Cancellation Policy, the Terms & Conditions of Service, the Supplementary Costs & Disclosure Terms, the Privacy Policy, and any supplemental written agreements separately executed between the parties, constitute the entire agreement of the parties as to the subject matter hereof and supersede any prior or contemporaneous oral or written understanding.

Order of Precedence

In the event of any apparent conflict among the incorporated documents: (a) these Terms control for matters of legal rights, dispute resolution, and limitation of liability; (b) the Refund Policy controls for cancellation, refund, payment, and chargeback matters; (c) the Operational T&C controls for operational and service-specific matters; (d) the Supplementary Costs controls for the schedule and authorization of supplementary fees.

Amendments

The Company reserves the right to modify these Terms at any time. The most current version will always be published at served123.com/terms-of-service with a revised effective date. Continued use of the Company's Services following any amendment constitutes the Client's acceptance of the revised Terms as to all subsequent Orders. Amendments do not retroactively apply to Orders for which Commencement has already occurred.

Counterparts & Electronic Acceptance

Acceptance of these Terms by electronic means — including by submitting an Order, remitting payment, clicking an "I agree" button, or sending an email confirming acceptance — is valid and enforceable under the E-SIGN Act and the Uniform Electronic Transactions Act and has the same legal effect as a handwritten signature.

§ 36

Contact Information

Questions about these Terms, service inquiries, or formal dispute submissions should be directed to:

Billing inquiries, refund requests, and internal dispute notices should be routed under the Refund & Cancellation Policy, which describes the formal internal dispute process and the 30-day notice window referenced in § 26.
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