1. Agreement
These Terms of Use (the "Agreement") constitute a legally binding agreement by and between Los Angeles Records Service ("us", "we", or "our") and you, or your company, or your employees (in each case, "You" or "Your") concerning Your use of Los Angeles Records Service’s website (the "Website") and Services (the "Services" as further defined in Section 2) offered by Los Angeles Records Service. By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement. If you disagree with or do not understand any part of the terms then you do not have permission to access the Website or Services and must leave immediately and discontinue use of the Services.
2. Services
Los Angeles Records Service provides information services to the insurance and legal industries. We distribute physical and electronic records to authorized parties, such as law firms, insurance companies and claims adjusters. Pursuant to the California Business and Professions Code §§ 22450-22463, Los Angeles Records Service is a Registered Professional Photocopier, and we are responsible for maintaining the confidentiality of the information obtained through the Services. Accordingly, records are made available only to authorized parties.
Los Angeles Records Service is not a law firm and the employees therefore cannot provide legal advice or practice law. Services provided by Los Angeles Records Service are done under the direction of the ordering attorney or other authorized person(s).
3. Intellectual Property
The Los Angeles Records Service name, website, logos, designs, graphics and other files are the intellectual property of Los Angeles Records Service or its licensors. Your use of the Website or Services grants you no right, title or interest to such content. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Services, including use or access to the Website or Services, without express written permission by Los Angeles Records Service.
4. Accounts
By using the Website and Services, you guarantee that you are above the age of 18, a resident of the United States, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You further guarantee that you are authorized to act and enter into contracts on behalf of the company you are accessing the Website or Services for.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or Service or a third-party Website or Service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
5. Orders & Cancellations
When an order is placed with us, whether by phone, mail, email, fax or online portal, Los Angeles Records Service will continue to work on fulfilling the order until completion or cancellation. Should you need to cancel your order, you may do so by notifying us in writing. You will be billed for any completed or partially completed work. You will be responsible for payment of all work executed by us in response to your order. If an order is placed and not canceled with us, we will assume the fulfillment of the order is required by you. We will work to complete the order and you will be billed accordingly.
6. Payment & Late Payment
Payment for products and services provided by Los Angeles Records Service are due no later than thirty days following the invoice date. Invoices not paid within thirty (30) days of the invoice date are subject to accruing a monthly carry charge of 1.5% of the invoice balance, beginning the very next month. You agree that this fee is reasonable and is not a penalty or interest. Payment to Los Angeles Records Service shall in no way be contingent upon you receiving payment from your client, insurance carrier or other third party. You are ultimately responsible for payment. In the event of a collection action, you agree to pay reasonable attorney fees and all costs and expenses of collection, including any collection agency fees or commissions. If our collection agency's fees or commissions are calculable before we send your account to a collection agency, it is agreed that we will add the collection agency fees to your account balance before sending your account to collections. You further agree that we have provided you a quote, pricing list or you have an understanding of our fees. If you have not received a quote or a pricing list, you agree that the fees charged on the final invoice are reasonable and acceptable and you agree to pay our fees as indicated on our invoice.
We may have provided you with a Credit Card Authorization and Agreement form we use for you to accept our terms of service and to guarantee payment. Your credit or debit card may be used to pay all invoices you owe to Los Angeles Records Service. Any and all payments by credit or debit card may be subject to a 2.5% card processing fee. Should your credit or debit card be declined, there will be a minimum service charge of $35 (not to exceed $75). Once you provide us your card information, we may, at our discretion, process an authorization hold on the credit or debit card to verify the card is valid and has sufficient funds available. This authorization hold will be for card verification purposes only and will not be an actual payment transaction, unless otherwise agreed to. This authorization hold may reflect on your bank account's activity. Your financial institution should release the authorization hold within thirty (30) days.
7. Links To Other Websites
Our Website or Services may contain links to third party websites or services that are not owned or controlled by Los Angeles Records Service. Los Angeles Records Service has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Los Angeles Records Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
8. Prohibited Uses
You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or Services or any related website for violating any of the prohibited uses.
9. Termination
We may terminate or suspend your account and bar access to the Website and Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using our services or contact us. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that the products, services or website provided by Los Angeles Records Service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. All products and services delivered to you by Los Angeles Records Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Los Angeles Records Service, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using Los Angeles Records Service, or for any other claim related in any way to your use of our services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available, even if advised of their possibility.
11. Governing Law; Jurisdiction
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding those Services. Any cause of action by you relating to this Agreement must be instituted within one year after it arose or be forever waived and barred. The judicial district for venue in any action to enforce this Agreement or for breach of this Agreement will be Orange County, California. In any dispute between you and Los Angeles Records Service arising from your contract with Los Angeles Records Service, the prevailing party shall be entitled to recover reasonable attorney’s fees, reasonably incurred costs, and reasonably incurred expert fees, except to the extent prohibited by applicable law or rule.
12. Indemnification
You hereby indemnify to the fullest extent Los Angeles Records Service from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
13. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Notice will be given by the posting of a new version or a change notice on the Website. It is your responsibility to review this Terms agreement periodically.
By continuing to access the Website or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website or Services.
Contact Us
If you have any questions about these Terms and Conditions, please contact us.
Last updated Sept. 20, 2019.
